Section 115.727 - Exemptions(a) Any site for which all individual gas streams routed to a flare contain less than 5.0% by weight of highly-reactive volatile organic compounds (HRVOC) at all times, and all individual vent gas streams not routed to a flare contain less than 100 parts per million by volume (ppmv) HRVOC at all times, is exempt from the requirements of §115.722(a) - (c) of this title (relating to Site-wide Cap and Control Requirements).(b) For a flare that at no time receives a gas stream containing 5.0% or greater HRVOC by weight: (1) the gas stream directed to the flare shall be treated as a vent gas stream for purposes of determining compliance with §115.722(a) - (c) of this title; and(2) the flare is exempt from the continuous monitoring requirements of §115.725(d) - (k) of this title (relating to Monitoring and Testing Requirements) and § 115.726(d) of this title (relating to Recordkeeping and Recording Requirements) and is therefore not required to submit a quality assurance plan under § 115.726(a) of this title.(c) For vent gas streams that are not routed to a flare, the following exemptions may apply. (1) A vent gas stream that has no potential to emit HRVOCs is exempt from the requirements of this division, with the exception of the recordkeeping requirements of § 115.726(e)(3)(A) of this title.(2) A vent gas stream that has the potential to emit HRVOCs, but that has an HRVOC concentration less than 100 ppmv at all times or has a maximum potential flow rate equal to or less than 100 dry standard cubic feet per hour is exempt from this division with the exception of the recordkeeping requirements of § 115.726(e)(3)(A) of this title. The maximum potential HRVOC emissions for the sum of all vent gas streams claimed under this exemption, must be less for the account specified in § 115.722(a) or (b) of this title than 0.5 tons per year.(3) Vent gas streams from the following sources are exempt from the requirements of this division with the exception of the recordkeeping requirements of § 115.726(e)(3)(A) of this title:(A) vent gas streams resulting from the combustion of less than 5.0% by weight HRVOC in boilers, furnaces, engines, turbines, incinerators, and heaters;(B) pressure tanks that maintain working pressure sufficient at all times to prevent any vapor or gas loss to the atmosphere;(C) laboratory vent hoods;(D) instrumentation air systems;(E) atmospheric storage tanks;(F) wastewater system vents;(H) equipment leak fugitive components, except for vents from pressure relief valves occurring when the process pressure is sufficient to overcome the preset pressure relief point of the pressure relief valve and emissions are either released directly to the atmosphere or routed to a control device.(d) Any flare that at no time receives a total gas stream with greater than 100 ppmv HRVOC is exempt from the requirements of this division, with the exception of the recordkeeping requirements of § 115.726(e)(3)(B) of this title.(e) Any flare that will be permanently out of service by April 1, 2006, is exempt from the requirements of this division, with the exception of the notification and recordkeeping requirements in § 115.726(f) of this title.(f) All sites that are subject to this division and that are located in the Houston/Galveston/ Brazoria area as defined in § 115.10 of this title (relating to Definitions), excluding Harris County, are exempt from § 115.722(b) and (c)(2) of this title, except as provided in § 115.729(a)(3) of this title (relating to Counties and Compliance Schedules).30 Tex. Admin. Code § 115.727
The provisions of this §115.727 adopted to be effective January 17, 2003, 28 TexReg 113; amended to be effective November 13, 2003, 28 TexReg 9835; amended to be effective December 23, 2004, 29 TexReg 11623