The following exemptions apply.
  (1) Any cooling tower heat exchange system in which each individual heat exchanger with greater than 100 parts per million by weight (ppmw) highly-reactive volatile organic compounds (HRVOC) in the process side fluid is operated with the minimum pressure on the cooling water side at least five pounds per square inch, gauge (psig) greater than the maximum pressure on the process side, as demonstrated by continuous pressure monitoring and recording at all heat exchangers with greater than 100 ppmw HRVOC in the process side fluid, is exempt from the requirements of this division (relating to Cooling Tower Heat Exchange Systems), with the exception of the recordkeeping requirements of §115.766(b) and (c) of this title (relating to Recordkeeping and Reporting Requirements).
  (2) Any cooling tower heat exchange system in which no individual heat exchanger has greater than 100 ppmw HRVOCs in the process side fluid is exempt from the requirements of this division, with the exception of the recordkeeping requirements of §115.766(b) and (c) of this title.
  (3) Any site for which no stream directed to a cooling tower heat exchange system contains 5.0% or greater by weight HRVOC is exempt from the requirements of §115.761 of this title (relating to Site-wide Cap).
  (4) Any cooling tower heat exchange system 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 §115.766(j) of this title.
  (5) Any cooling tower heat exchange system with an intervening cooling fluid containing less than 100 ppmw of HRVOC between the process and the cooling water is exempt from the requirements of this division, with the exception of the recordkeeping requirements of §115.766(b) and (c) of this title. For purposes of this exemption:
    (A) intervening fluid is a fluid that serves to isolate the cooling water from the process fluid and is not sent through a cooling tower or discharged; and
    (B) discharge does not include emptying for maintenance purposes.
  (6) 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 §115.761(b) and (c)(2) of this title, except as provided in §115.769(a)(3) of this title (relating to Counties and Compliance Schedules).

Source Note: The provisions of this §115.767 adopted to be effective December 23, 2004, 29 TexReg 11623