[Title 40 CFR 60.100a]
[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 Ja - Standards of Performance for Petroleum Refineries for Which]
[Sec. 60.100a - Applicability, designation of affected facility, and reconstruction.]
[From the U.S. Government Printing Office]


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

    (a) The provisions of this subpart apply to the following affected 
facilities in petroleum refineries: fluid catalytic cracking units 
(FCCU), fluid coking units (FCU), delayed coking units, fuel gas 
combustion devices, including flares and process heaters, and sulfur 
recovery plants. The 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) Except for flares, the provisions of this subpart apply only to 
affected facilities under paragraph (a) of this section which commence 
construction, modification, or reconstruction after May 14, 2007. For 
flares, the provisions of this subpart apply only to flares which 
commence construction, modification, or reconstruction, after June 24, 
2008.
    (c) For the purposes of this subpart, under Sec. 60.14, a 
modification to a flare occurs if:
    (1) Any new piping from a refinery process unit or fuel gas system 
is physically connected to the flare (e.g., for direct emergency relief 
or some form of continuous or intermittent venting); or
    (2) A flare is physically altered to increase the flow capacity of 
the flare.
    (d) 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 May 14, 2007. 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.

    Effective Date Note: At 73 FR 78552, Dec. 22, 2008, Sec. 60.100a(c) 
was stayed from Feb. 24, 2009 until further notice.