[Title 40 CFR 60.480]
[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 Vv - Standards of Performance for Equipment Leaks of VOC in the]
[Sec. 60.480 - Applicability and designation of affected facility.]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT62009-07-012009-07-01false60.480Sec. 60.480PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCY (CONTINUED)AIR PROGRAMS (CONTINUED)STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--Standards of Performance for Equipment Leaks of VOC in the
Sec. 60.480  Applicability and designation of affected facility.

    (a)(1) The provisions of this subpart apply to affected facilities 
in the synthetic organic chemicals manufacturing industry.
    (2) The group of all equipment (defined in Sec. 60.481) within a 
process unit is an affected facility.
    (b) Any affected facility under paragraph (a) of this section that 
commences construction, reconstruction, or modification after January 5, 
1981, and on or before November 7, 2006, shall be subject to the 
requirements of this subpart.
    (c) Addition or replacement of equipment for the purpose of process 
improvement which is accomplished without a capital expenditure shall 
not by itself be considered a modification under this subpart.
    (d)(1) If an owner or operator applies for one or more of the 
exemptions in this paragraph, then the owner or operator shall maintain 
records as required in Sec. 60.486(i).
    (2) Any affected facility that has the design capacity to produce 
less than 1,000 Mg/yr (1,102 ton/yr) of a chemical listed in Sec. 
60.489 is exempt from Sec. Sec. 60.482-1 through 60.482-10.
    (3) If an affected facility produces heavy liquid chemicals only 
from heavy liquid feed or raw materials, then it is exempt from 
Sec. Sec. 60.482-1 through 60.482-10.
    (4) Any affected facility that produces beverage alcohol is exempt 
from Sec. Sec. 60.482-1 through 60.482-10.
    (5) Any affected facility that has no equipment in volatile organic 
compounds (VOC) service is exempt from Sec. Sec. 60.482-1 through 
60.482-10.
    (e) Alternative means of compliance-- (1) Option to comply with part 
65. (i) Owners or operators may choose to comply with the provisions of 
40 CFR part 65, subpart F, to satisfy the requirements of Sec. Sec. 
60.482 through 60.487 for an affected facility. When choosing to comply 
with 40 CFR part 65, subpart F, the requirements of Sec. 60.485(d), 
(e), and (f) and Sec. 60.486(i) and (j) still apply. Other provisions 
applying to an owner or operator who chooses to comply with 40 CFR part 
65 are provided in 40 CFR 65.1.
    (ii) Part 60, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart F must also comply with Sec. Sec. 60.1, 
60.2, 60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for that 
equipment. All sections and paragraphs of subpart A of this part that 
are not mentioned in this paragraph (e)(1)(ii) do not apply to owners 
and operators of

[[Page 502]]

equipment subject to this subpart complying with 40 CFR part 65, subpart 
F, except that provisions required to be met prior to implementing 40 
CFR part 65 still apply. Owners and operators who choose to comply with 
40 CFR part 65, subpart F, must comply with 40 CFR part 65, subpart A.
    (2) Subpart VVa. Owners or operators may choose to comply with the 
provisions of subpart VVa of this part 60 to satisfy the requirements of 
this subpart VV for an affected facility.
    (f) Stay of standards. Owners or operators are not required to 
comply with the definition of ``process unit'' in Sec. 60.481 and the 
requirements in Sec. 60.482-1(g) of this subpart until the EPA takes 
final action to require compliance and publishes a document in the 
Federal Register. While the definition of ``process unit'' is stayed, 
owners or operators should use the following definition:
    Process unit means components assembled to produce, as intermediate 
or final products, one or more of the chemicals listed in Sec. 60.489 
of this part. A process unit can operate independently if supplied with 
sufficient feed or raw materials and sufficient storage facilities for 
the product.

[48 FR 48335, Oct. 18, 1983, as amended at 49 FR 22607, May 30, 1984; 65 
FR 61762, Oct. 17, 2000; 65 FR 78276, Dec. 14, 2000; 72 FR 64879, Nov. 
16, 2007, 73 FR 31379, June 2, 2008; 73 FR 31375, June 2, 2008]