[Title 40 CFR 60.100]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Subchapter C - AIR PROGRAMS (CONTINUED)]
[Part 60 - STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--]
[Subpart J - Standards of Performance for Petroleum Refineries]
[Sec. 60.100 - Applicability, designation of affected facility, and reconstruction.]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT62009-07-012009-07-01false60.100Sec. 60.100PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCY (CONTINUED)AIR PROGRAMS (CONTINUED)STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--Standards of Performance for Petroleum Refineries
Sec. 60.100  Applicability, designation of affected facility, and reconstruction.

    (a) The provisions of this subpart are applicable to the following 
affected facilities in petroleum refineries: fluid catalytic cracking 
unit catalyst regenerators, fuel gas combustion devices, and all Claus 
sulfur recovery plants except Claus plants with a design capacity for 
sulfur feed of 20 long tons per day (LTD) or less. The Claus sulfur 
recovery plant need not be physically located within the boundaries of a 
petroleum refinery to be an affected facility, provided it processes 
gases produced within a petroleum refinery.
    (b) Any fluid catalytic cracking unit catalyst regenerator or fuel 
gas combustion device under paragraph (a) of this section other than a 
flare as defined in Sec. 60.101a which commences construction, 
reconstruction, or modification after June 11, 1973, and on or before 
May 14, 2007, or any fuel gas combustion device under paragraph (a) of 
this section that meets the definition of a flare as defined in Sec. 
60.101a which commences construction, reconstruction, or modification 
after June 11, 1973, and on or before June 24, 2008, or any Claus sulfur 
recovery plant under paragraph (a) of this section which commences 
construction, reconstruction, or modification after October 4, 1976, and 
on or before May 14, 2007, is subject to the requirements of this 
subpart except as provided under paragraphs (c) and (d) of this section.
    (c) Any fluid catalytic cracking unit catalyst regenerator under 
paragraph (b) of this section which commences construction, 
reconstruction, or modification on or before January 17, 1984, is 
exempted from Sec. 60.104(b).
    (d) Any fluid catalytic cracking unit in which a contact material 
reacts with petroleum derivatives to improve feedstock quality and in 
which the contact material is regenerated by burning off coke and/or 
other deposits and that

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commences construction, reconstruction, or modification on or before 
January 17, 1984, is exempt from this subpart.
    (e) For purposes of this subpart, under Sec. 60.15, the ``fixed 
capital cost of the new components'' includes the fixed capital cost of 
all depreciable components which are or will be replaced pursuant to all 
continuous programs of component replacement which are commenced within 
any 2-year period following January 17, 1984. For purposes of this 
paragraph, ``commenced'' means that an owner or operator has undertaken 
a continuous program of component replacement or that an owner or 
operator has entered into a contractual obligation to undertake and 
complete, within a reasonable time, a continuous program of component 
replacement.

[43 FR 10868, Mar. 15, 1978, as amended at 44 FR 61543, Oct. 25, 1979; 
54 FR 34026, Aug. 17, 1989; 73 FR 35865, June 24, 2008]