Subpart 201-3: Exemptions and Trivial Activities

(1) title V facility permitting; and/or

(2) new source review pursuant to Subpart 231-2 of this Title; and/or

(3) prevention of significant deterioration as incorporated by reference in Part 200 of this Title.

(1) Stationary or portable combustion installations where the furnace has a maximum rated heat input capacity less than 10 million Btu/hr burning fossil fuels, other than coal, and coal and wood fired stationary combustion units with a maximum heat input less than 1 million Btu/hr. This exemption includes unit space heaters, which burn waste oil as defined in 6 NYCRR Subpart 225-2 and generated on-site, alone or in conjunction with used oil generated by a do-it-yourself oil changer as defined in 6 NYCRR Subpart 374-2.

(2) Stationary or portable combustion installations located outside of any severe ozone nonattainment areas, where the furnace has a maximum rated heat input capacity less than 20 million Btu/hr burning fossil fuels other than coal, where the construction of the combustion installation commenced before June 9, 1989.

(3) Stationary or portable internal combustion engines which meet the following criteria:

(4) Stationary or portable internal combustion engines which are temporarily located at a facility for a period not to exceed 30 days per calendar year, where the total combined maximum mechanical power rating for all affected units is less than 1,000 brake horsepower.

(5) Gas turbines with a heat input at peak load less than 10 million Btu per hour.

(6) Emergency power generating stationary internal combustion engines as defined in 227-2.2(b)(7) and engine test cells at engine manufacturing facilities which are utilized for research and development, reliability performance testing, or quality assurance performance testing.

(7) Non-contact water cooling towers and water treatment systems for process cooling water and other water containers designed to cool, store or otherwise handle water that has not been in direct contact with gaseous or liquid process streams.

(8) Feed and grain milling, cleaning, conveying, drying and storage operations including grain storage silos, where such silos exhaust to an appropriate emission control device, excluding grain terminal elevators with permanent storage capacities over 2.5 million U.S. bushels, and grain storage elevators with capacities above one million bushels.

(9) Equipment used exclusively to slaughter animals, but not including other equipment at slaughterhouses, such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment.

(10) Flour silos at bakeries, provided all such silos are exhausted through an appropriate emission control device.

(11) Emissions from flavorings added to a food product where such flavors are manually added to the product.

(12) Screen printing inks/coatings or adhesives which are applied by a hand-held squeegee. A hand-held squeegee is one that is not propelled through the use of mechanical conveyance and is not an integral part of the screen printing process.

(13) Graphic arts processes at facilities located outside the New York City metropolitan area whose facility-wide total emissions of volatile organic compounds from inks, coatings, adhesives, fountain solutions and cleaning solutions does not exceed 20 pounds per day.

(14) Graphic label and/or box labeling operations where the inks are applied by stamping or rolling.

(15) Graphic arts processes which are specifically exempted from regulation under Part 234 of this Title, with respect to emissions of volatile organic compounds which are not given an A rating.

(16) Gasoline dispensing sites with an annual throughput less than 120,000 gallons located outside any severe ozone non-attainment areas.

(17) Surface coating and related operations which use less than 25 gallons per month of coating materials (paints) and cleaning solvents, combined, subject to the following:

(18) Abrasive cleaning operations which exhaust to an appropriate emission control device.

(19) Ultraviolet curing operations.

(20) Ventilating systems for landfill gases, where the systems are vented directly to the atmosphere, and the ventilating system has been required by, and is operating under, the conditions of a valid Part 360 permit, or order on consent;

(21) Distillate and residual fuel oil storage tanks with storage capacities below 300,000 barrels.

(22) Pressurized fixed roof tanks which are capable of maintaining a working pressure at all times to prevent emissions of volatile organic compound to the outdoor atmosphere.

(23) External floating roof tanks which are of welded construction and are equipped with a metallic-type shoe primary seal and a secondary seal from the top of the shoe seal to the tank wall.

(24) External floating roof tanks which are used for the storage of a petroleum or volatile organic liquid with a true vapor pressure less than 4.0 psi (27.6 kPa), are of welded construction and are equipped with one of the following:

(25) Storage tanks, with capacities under 10,000 gallons, except those subject to either Part 229 or Part 233 of this Title.

(26) Horizontal petroleum storage tanks.

(27) Storage silos storing solid materials, provided all such silos are exhausted through an appropriate emission control device.

(28) Processing equipment at existing sand and gravel and stone crushing plants which were installed or constructed before August 31, 1983, where water is used other than for dust suppression, such as wet conveying, separating and washing.

(29) all processing equipment at sand and gravel mines or quarries that:

(30) Mobile (portable) stone crushers with maximum rated capacities below 150 tons of minerals per hour which are located at non-metallic mineral processing operations.

(31) Surface coating operations which are specifically exempted from regulation under Part 228 of this Title, with respect to emissions of volatile organic compounds which are not given an A rating.

(32) Pharmaceutical tablet branding operations.

(33) Thermal packaging operations, including but not limited to, therimage labeling, blister packing, shrink wrapping, shrink banding, and carton gluing;

(34) Powder coating operations.

(35) All tumblers used for the cleaning and/or deburring of metal products without abrasive blasting.

(36) Presses used exclusively for molding or extruding plastics except where halogenated carbon compounds or hydrocarbon solvents are used as foaming agents.

(37) Concrete batch plants where the cement weigh hopper and all bulk storage silos are exhausted through fabric filters, and the batch drop point is controlled by a shroud or other emission control device.

(38) Cement storage operations where materials are transported by screw or bucket conveyors.

(39) Solvent metal cleaning processes:

(40) Ventilating and exhaust systems for laboratory operations.

(41) Exhaust or ventilating systems for the melting of gold, silver, platinum and other precious metals.

(42) Exhaust systems for paint mixing, transfer, filling or sampling and/or paint storage rooms or cabinets, provided the paints stored within these locations are stored in closed containers when not in use.

(43) Exhaust systems for solvent transfer, filling or sampling, and/or solvent storage rooms provided the solvent stored within these locations are stored in closed containers when not in use.

(44) Research and development activities, including both stand-alone and activities within a major stationary source, until such time as the administrator completes a rule making to determine how the permitting program should be structured for these activities.

(45) The application of odor counteractants and/or neutralizers.

(1) Boiler water treatment operations.

(2) Any emission source or process constructed or operated at a domestic residence for domestic use.

(3) Vacuum cleaning systems used exclusively for office type areas at industrial facilities, or commercial or residential housekeeping.

(4) Ventilating systems used exclusively for temperature and humidity control of buildings for the comfort of people living or working within the building except those systems which have applicable requirements under title VI of the act.

(5) Exhaust systems for the storage of portable containers, drums, and bags of chemicals in rooms, buildings and warehouses, subject to the following:

(6) Smoking rooms and areas.

(7) Bathroom/toilet vents.

(8) Beauty salons and barber shops.

(9) Laundry dryers, extractors, or tumblers used to clean fabrics with water solutions of bleach and detergents, where the emissions of such operations are controlled by appropriate emission control devices.

(10) Engine exhaust emissions and/or refueling emissions generated from mobile and portable powered vehicles and equipment used for the propulsion or operation of passengers and/or freight transportation vehicles, marine vehicles and equipment, construction and off-road vehicles and equipment, farm vehicles and equipment, competition and entertainment vehicles and equipment, and/or any other type of mobile or portable engine powered vehicles or equipment when these vehicles or equipment are operated anywhere outside of an enclosed facility for the purpose of their design and intended use or for compliance assessment with any safety or emission control or inspection programs sanctioned by New York State, the Federal government or any governmental entity empowered to carry out such activities.

(11) Engine exhaust emissions and/or refueling emissions generated from mobile and portable powered vehicles and equipment such as competition and entertainment vehicles and equipment, farm vehicles and equipment, construction and off-road vehicles and equipment, automobiles, motorcycles, trucks, buses, marine vehicles and equipment, small engine powered tools and equipment, or any other type of mobile or portable engine powered vehicles or equipment which are collected and/or vented in any manner through any opening in a facility when these vehicles and equipment are operated in the facility for the purposes of their design and intended use, public safety, comfort or entertainment, facility maintenance, vehicle or equipment repair, adjustment or testing, or compliance assessment with any safety or emission control or inspection programs sanctioned by New York State, the Federal government, or any governmental entity empowered to carry out such activities.

(12) The use of products such as antifreeze and fuel additives for the purpose of maintaining motor vehicles.

(13) Fugitive emissions related to movement of passenger vehicles, provided the emissions are not counted for applicability purposes and any required fugitive dust control plan or its equivalent is submitted.

(14) Ventilating systems used in buildings to house animals.

(15) Emissions from process, exhaust or ventilating systems in bakeries and restaurants which derive over 50 percent of their revenues from retail sales on premises.

(16) Non-conveyorized bakery ovens (this includes batch ovens, which are defined as a non-conveyor belt oven operating a single baking cycle in which a determinate amount of product is cooked at one baking).

(17) Bakery ovens used exclusively to produce baked goods leavened chemically in the absence of yeast.

(18) Process or exhaust or ventilating systems involved in the preparation of food, food blanching or cooking in water.

(19) Process, exhaust or ventilating systems or stationary combustion installations exclusively involved in the production of maple syrup.

(20) Lead melting pots used in printing establishments.

(21) Blueprint machines.

(22) Photocopying, photographic processing or related equipment.

(23) Letter press operations.

(24) Heat sealing operations which are used to seal and separate polyethylene and polypropylene bags.

(25) Batch process kilns used for firing ceramic ware, subject to the following:

(26) Equipment used exclusively to generate ozone for water treatment processes.

(27) Air stripping processes utilized on public drinking water supplies.

(28) Air strippers and soil vents used to remediate gasoline spills, where the air stripper or soil vent is located at a State-funded site, or required under the provisions of an order on consent or stipulation agreement, and the operation of the air strippers or soil vents are conducted under the supervision of the department and are properly controlled as required by the department.

(29) Air strippers and soil vents required under the provisions of an order on consent or stipulation agreement, or in operation at a superfund site.

(30) Air strippers and soil vents operating for test purposes to qualify and quantify air emissions for remediation projects and for a time period acceptable to the regional air pollution control engineer.

(31) Emissions from the storage and application of road salt (calcium chloride or sodium chloride).

(32) All process emission sources which are located at private, public, or vocational education institutions, where the emissions are the result of teaching and training exercises, and the institution is not engaged in the manufacture of products for commercial sale in commerce, except in a de minimis manner.

(33) Emergency relief vents, stacks and ventilating systems except any with the potential to emit vinyl chloride located at a facility where ethylene dichloride, vinyl chloride and/or polyvinyl chloride are produced.

(34) Snow plowing, street sweeping, sanding and ashing of streets and roads to abate traffic hazards.

(35) Emergency road flares.

(36) Road and lot paving and striping operations.

(37) Public or private roadways, parking lots.

(38) Manhole covers.

(39) Sewers.

(40) Storm drains and vents.

(41) Solid waste dumpsters, including handling equipment and associated activities.

(42) Excavation for the repair of underground utility lines such as water, electric, or natural gas.

(43) Asbestos demolition and removal work subject to 40 CFR part 61, subpart M and/or 12 NYCRR Part 56.

(44) Storage vessels, tanks and containers with a capacity of less than 750 gallons.

(45) The following activities are considered trivial when they occur strictly for maintenance or construction activities: plastic pipe welding, soldering, brazing, cutting torches, janitorial activities, steam cleaning, water washing, acid and caustic washing activities, miscellaneous use of solvents, adhesives and caulking, miscellaneous sandblasting, non-asbestos insulation removal, application of refractory and insulation, the periodic use of air for clean-up, and, the process of demolition and rebricking boilers, smelters, furnaces and kilns (this does not include the subsequent operation of such equipment), the surface coating of equipment and buildings as is related to maintenance and construction, and activities which occur for maintenance of grounds such as lawn care, weed control and pest control.

(46) Excavation for new construction.

(47) Degreasing units which exclusively use non-hazardous air pollutant acids.

(48) Degreasing units which exclusively use caustics (e.g., potassium hydroxide and sodium hydroxide).

(49) Remote reservoir parts cleaners whose use of solvent is contained to the immediate cleaning of the part, after which time the solvent is drained through a drain opening, not to exceed 16 square inches, and is returned to a remote reservoir containing the solvent.

(50) Cold cleaning degreasers that use a solvent with a VOC content of five percent or less by weight.

(51) Cold cleaning degreasers with an internal volume less than or equal to two gallons.

(52) Hand-held or manually operated equipment used for buffing, polishing, carving, cutting, drilling, machining, routing, sanding, sawing, surface grinding or turning ceramic art work, ceramic precision parts, leather, metal parts, plastics, fiberboard, fiberglass, masonry, carbon, glass, graphite, wood or rubber.

(53) Manual surface coating/painting processes which exclusively use brushes, rollers, or aerosol cans.

(54) Hand-held or manually operated welding, brazing and soldering equipment.

(55) Acetylene, butane, and propane torches.

(56) Equipment used for hydraulic or hydrostatic testing.

(57) Equipment lubricating systems, including metal cutting coolants and oils.

(58) Pneumatic starters used to start reciprocating engines, turbines, and other equipment.

(59) Instrument air systems, excluding fuel-fired compressors.

(60) Air vents from air compressors and pneumatically operated equipment emitting ambient air.

(61) Drum washing operations, where such operations are necessary to meet Resource Conservation and Recovery Act (RCRA) standards.

(62) Vacuum producing devices where only ambient air and the oil emissions from the vacuum producing mechanism itself are exhausted.

(63) Woodworking operations where no surface coating takes place, provided such operations exhaust to a sawdust collection system controlled by an appropriate emission control device.

(64) Sawmills, provided all processes are located at least 500 feet from any recreational area, school, or private residence and all residues from debarking, planing, sawing, etc., are contained in such a manner as to minimize fugitive emissions.

(65) Equipment used to mix and package soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions, provided appropriate lids and covers are utilized.

(66) Drop hammers or hydraulic presses for forging or metalworking.

(67) Transportable chemical containers including rail cars, portable tanks, totes and trailers.

(68) Open fires.

(69) Fire training activities.

(70) Fire suppression systems.

(71) Fecal incinerators with a charging rate not exceeding 10 pounds per hour, such as those used on certain vehicles or other special cases.

(72) Paint mixing operations located at retail paint, hardware or department stores where the paint is sold in five gallon or smaller containers.

(73) Rifle and pistol ranges.

(74) Aircraft de-icing operations.

(75) Contaminant detectors, sampling devices and recorders.

(76) Emissions from natural gas odoring activities.

(77) Battery charging areas except those located at battery manufacturing plants.

(78) Incubators.

(79) The venting of compressed natural gas, butane or propane gas cylinders.

(80) Coal car thaw-pit burners.

(81) Consumer use of office equipment and products, not including printers or businesses primarily involved in photographic reproductions.

(82) Consumer use of paper trimmers/binders.

(83) Blacksmith forges.

(84) Carbon dioxide lasers, used only on metals and other materials which do not emit hazardous air pollutants in the process.

(85) Laser trimmers using appropriate emission control devices.

(86) Environmental chambers not using hazardous air pollutant gases.

(87) Shock chambers.

(88) Humidity chambers.

(89) Solar simulators.

(90) Process water filtration systems and demineralizers.

(91) Demineralized water tanks and demineralizer vents.

(92) Steam leaks.

(93) Steam vents.

(94) Emissions of the following pollutants: water vapor, oxygen, carbon dioxide, nitrogen, inert gases such as argon, helium, neon, krypton and xenon, hydrogen, simple asphyxiants including methane and propane, trace constituents included in raw materials or byproducts, where the constituents are less than 1 percent by weight for any regulated air pollutant, or 0.1 percent by weight for any carcinogen listed by the United States Department of Health and Human Services' Seventh Annual Report on Carcinogens (1994).