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


40PROTECTION OF ENVIRONMENT62009-07-012009-07-01false60.480aSec. 60.480aPROTECTION 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. 60.480a  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. 60.481a) within a 
process unit is an affected facility.

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    (b) Any affected facility under paragraph (a) of this section that 
commences construction, reconstruction, or modification after 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. 60.486a(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. 60.482-1a through 60.482-11a.
    (3) If an affected facility produces heavy liquid chemicals only 
from heavy liquid feed or raw materials, then it is exempt from 
Sec. Sec. 60.482-1a through 60.482-11a.
    (4) Any affected facility that produces beverage alcohol is exempt 
from Sec. Sec. 60.482-1a through 60.482-11a.
    (5) Any affected facility that has no equipment in volatile organic 
compounds (VOC) service is exempt from Sec. Sec. 60.482-1a through 
60.482-11a.
    (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. 
60.482-1a through 60.487a for an affected facility. When choosing to 
comply with 40 CFR part 65, subpart F, the requirements of Sec. Sec. 
60.485a(d), (e), and (f), and 60.486a(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 or 
operators of 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) Part 63, subpart H. (i) Owners or operators may choose to comply 
with the provisions of 40 CFR part 63, subpart H, to satisfy the 
requirements of Sec. Sec. 60.482-1a through 60.487a for an affected 
facility. When choosing to comply with 40 CFR part 63, subpart H, the 
requirements of Sec. 60.485a(d), (e), and (f), and Sec. 60.486a(i) and 
(j) still apply.
    (ii) Part 60, subpart A. Owners or operators who choose to comply 
with 40 CFR part 63, subpart H 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)(2)(ii) do not apply to owners or 
operators of equipment subject to this subpart complying with 40 CFR 
part 63, subpart H, except that provisions required to be met prior to 
implementing 40 CFR part 63 still apply. Owners and operators who choose 
to comply with 40 CFR part 63, subpart H, must comply with 40 CFR part 
63, subpart A.
    (f) Stay of standards. (1) Owners or operators that start a new, 
reconstructed, or modified affected source prior to November 16, 2007 
are not required to comply with the requirements in this paragraph until 
EPA takes final action to require compliance and publishes a document in 
the Federal Register.
    (i) The definition of ``capital expenditure'' in Sec. 60.481a of 
this subpart. While the definition of ``capital expenditure'' is stayed, 
owners or operators should use the definition found in Sec. 60.481 of 
subpart VV of this part.
    (ii) [Reserved]
    (2) Owners or operators are not required to comply with the 
requirements in this paragraph until EPA takes final action to require 
compliance and publishes a document in the Federal Register.
    (i) The definition of ``process unit'' in Sec. 60.481a of this 
subpart. While the definition of ``process unit'' is stayed, owners or 
operators should use the following definition:

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    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.
    (ii) The method of allocation of shared storage vessels in Sec. 
60.482-1a(g) of this subpart.
    (iii) The standards for connectors in gas/vapor service and in light 
liquid service in Sec. 60.482-11a of this subpart.

[72 FR 64883, Nov. 16, 2007, as amended at 73 FR 31375, June 2, 2008]