| (a) The following exemptions apply to the equipment
specified in §115.170 of this title (relating to Applicability)
that is subject to this division. Records to support exemption qualification
must be kept in accordance with the requirements in §115.180
of this title (relating to Recordkeeping Requirements). Additional
requirements apply where specified.
(1) Boilers and process heaters are exempt from the
testing requirements of §115.179 of this title (relating to Approved
Test Methods and Testing Requirements) and the monitoring requirements
of §115.178 of this title (relating to Monitoring and Inspection
Requirements) if:
(A) a vent gas stream from equipment subject to this
division is introduced with the primary fuel or is used as the primary
fuel; or
(B) the boiler or process heater has a design heat
input capacity equal to or greater than 44 megawatts or 149.6 million
British thermal units per hour.
(2) Any pneumatic pump at a well site that operates
fewer than 90 days per calendar year is exempt from the requirements
of this division.
(3) Except for the control requirements in §115.175(b)
or (c) of this title (relating to Storage Tank Control Requirements),
any storage tank that meets one of the following conditions is exempt
from the requirements in this division:
(A) a storage tank with the potential to emit of less
than 6.0 tons per year of volatile organic compounds (VOC) emissions,
which must be calculated in accordance with §115.175(c)(2) of
this title;
(B) a storage tank with uncontrolled actual VOC emissions
of less than 4.0 tons per year, which must be calculated in accordance
with §115.175(c)(1) of this title;
(C) a process vessel such as a surge control vessel,
bottom receiver, or knockout vessel;
(D) a pressure vessel designed to operate in excess
of 29.7 pounds per square inch absolute and designed to operate without
emissions to the atmosphere; and
(E) a vessel that is skid-mounted or permanently attached
to something that is mobile (such as trucks, railcars, barges, or
ships) and is intended to be located at a site for less than 180 consecutive
days.
(4) Fugitive emission components at a natural gas processing
plant that contact a process fluid that contains less than 1.0% VOC
by weight are exempt from the requirements of this division.
(5) All pumps and compressors, other than those specified
in §115.173 and §115.174 of this title (relating to Compressor
Control Requirements and Pneumatic Controller and Pump Controller
Requirements, respectively), that are equipped with a shaft sealing
system that prevents or detects emissions of VOC from the seal are
exempt from the fugitive monitoring requirements of §115.177
of this title (relating to Fugitive Emission Component Requirements).
These seal systems may include, but are not limited to, dual pump
seals with barrier fluid at higher pressure than process pressure,
seals degassing to vent control systems kept in good working order,
or seals equipped with an automatic seal failure detection and alarm
system.
(6) At a natural gas processing plant, components that
are insulated, making them inaccessible to monitoring with a hydrocarbon
gas analyzer, are exempt from the hydrocarbon gas analyzer monitoring
requirements of §115.177 and §115.178 of this title. Inspections
using audio, visual, and olfactory means must still be conducted in
accordance with the appropriate requirements of §115.177 and §115.178
of this title.
(7) At a natural gas processing plant, sampling connection
systems, as defined in 40 Code of Federal Regulations (CFR) §63.161
(as amended January 17, 1997 (62 FR 2788)), that meet the requirements
of 40 CFR §63.166(a) and (b) (as amended June 20, 1996 (61 FR
31439)) are exempt from the requirements of this division, except
from the recordkeeping requirement in §115.180(2) of this title.
(8) Fugitive emission components located at a well
site with one or more wells that produce on average 15-barrel equivalents
or less per day are exempt from the requirements of this division,
except from the recordkeeping requirement in §115.180(2) of this
title.
(b) Equipment used only for materials outside the product
stream from a crude oil or natural gas production well or after the
point of custody transfer to a crude oil or natural gas distribution
or storage segment is exempt from the requirements of this division.
(c) After the appropriate compliance date in §115.183
of this title (relating to Compliance Schedules) and upon the date
that the wet seals on a centrifugal compressor subject to subsection
(a) of this section are retrofitted with a dual mechanical or other
equivalent dry seal control system, the compressor no longer meets
the applicability of this division.
(d) After the appropriate compliance date in §115.183
of this title, if changes are made to a pneumatic pump or controller
are such that the pump or controller does not meet the appropriate
definitions in this division, the requirements of §115.174(a)
or (b) of this title no longer apply. The change in applicability
status must be documented in accordance with the recordkeeping requirements
in §115.180 of this title. For example, a pneumatic controller
converted to a solar-powered controller no longer meets the applicability
of a pneumatic controller regulated by this division.
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