For all affected persons in Gregg, Nueces, and Victoria Counties, the following exemptions shall apply.
  (1) Valves with a nominal size of two inches (five centimeters (cm)) or less are exempt from the requirements of this division (relating to Fugitive Emission Control in Petroleum Refineries in Gregg, Nueces, and Victoria Counties), provided allowable emissions at any refinery from sources affected by this division after controls are applied with exemptions will not exceed by more than 5.0% such allowable emissions with no exemptions. Any person claiming an exemption for valves two inches (five cm) nominal size or smaller under this section shall, at the time he provides his control plan, also provide the following information:
    (A) identification of valves or classes of valves to be exempted;
    (B) an estimate of uncontrolled emissions from exempted valves, and an estimate of emissions if controls were applied, plus an explanation of how the estimates were derived; and
    (C) an estimate of the total volatile organic compound (VOC) emissions within the refinery from sources affected by §115.322 of this title (relating to Control Requirements), §115.324 of this title (relating to Inspection Requirements), and §115.326 of this title (relating to Recordkeeping Requirements) after controls are applied and assuming no exemptions for small valves, plus an explanation of how the estimate was derived.
  (2) Components which contact a process fluid that contains less than 10% VOC by weight are exempt from the requirements of this division.
  (3) Components which contact a process liquid containing a VOC having a true vapor pressure equal to or less than 0.147 pounds per square inch absolute (psia) (1.013 kPa) at 68 degrees Fahrenheit (20 degrees Celsius) are exempt from the requirements of §115.324 of this title if the components are inspected visually according to the inspection schedules specified within this same section.
  (4) Petroleum refineries or individual process units in a temporary nonoperating status shall submit a plan for compliance with the provisions of this division, as soon as practicable, but no later than one month before the process unit is scheduled for start-up and be in compliance as soon as practicable, but no later than three months after start-up. All petroleum refineries affected by this section shall notify the executive director of any nonoperating refineries or individual process units when they are shut down and dates of any start-ups as they occur.
  (5) Pressure relief devices connected to an operating flare header, components in continuous vacuum service, storage tank valves, and valves that are not externally regulated (such as in-line check valves) are exempt from the monitoring requirement of §115.324 of this title.
  (6) Compressors in hydrogen service are exempt from the requirements of §115.324 of this title if the owner or operator demonstrates that the percent hydrogen content can be reasonably expected to always exceed 50% by volume.

Source Note: The provisions of this §115.327 adopted to be effective February 19, 1990, 15 TexReg 549; amended to be effective July 17, 1991, 16 TexReg 3722; amended to be effective August 1, 1992, 17 TexReg 4683; amended to be effective May 22, 1997, 22 TexReg 4213; amended to be effective August 29, 2001, 26 TexReg 6303; amended to be effective May 16, 2002, 27 TexReg 4113