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Code · CFR · Title 40 — Protection of Environment · Part 60 · § 60.610

§ 60.610. Applicability and designation of affected facility.

653 words·~3 min read·/us/cfr/t40/s§ 60.610·

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(a)The provisions of this subpart apply to each affected facility designated in paragraph
(b)of this section that produces any of the chemicals listed in § 60.617 as a product, co-product, by-product, or intermediate, except as provided in paragraph
(c)of this section.
(b)The affected facility is any of the following for which construction, modification, or reconstruction commenced after October 21, 1983, and on or before April 25, 2023:
(1)Each air oxidation reactor not discharging its vent stream into a recovery system.
(2)Each combination of an air oxidation reactor and the recovery system into which its vent stream is discharged.
(3)Each combination of two or more air oxidation reactors and the common recovery system into which their vent streams are discharged.
(c)Each affected facility that has a total resource effectiveness
(TRE)index value greater than 4.0 is exempt from all provisions of this subpart except for §§ 60.612, 60.614(f), 60.615(h), and 60.615(l).
(d)Alternative means of compliance—(1) Option to comply with part 65. Owners or operators of process vents that are subject to this subpart may choose to comply with the provisions of 40 CFR part 65, subpart D, to satisfy the requirements of §§ 60.612 through 60.615 and 60.618. The provisions of 40 CFR part 65 also satisfy the criteria of paragraph
(c)of this section. Other provisions applying to an owner or operator who chooses to comply with 40 CFR part 65 are provided in 40 CFR 65.1.
(2)Part 60, subpart A. Owners or operators who choose to comply with 40 CFR part 65, subpart D, must also comply with §§ 60.1, 60.2, 60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for those process vents. All sections and paragraphs of subpart A of this part that are not mentioned in this paragraph (d)(2) do not apply to owners or operators of process vents complying with 40 CFR part 65, subpart D, 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 D, must comply with 40 CFR part 65, subpart A.
(3)Compliance date. Owners or operators who choose to comply with 40 CFR part 65, subpart D, at initial startup shall comply with paragraphs (d)(1) and
(2)of this section for each vent stream on and after the date on which the initial performance test is completed, but not later than 60 days after achieving the maximum production rate at which the affected facility will be operated, or 180 days after the initial startup, whichever date comes first.
(4)Initial startup notification. Each owner or operator subject to the provisions of this subpart that chooses to comply with 40 CFR part 65, subpart D, at initial startup shall notify the Administrator of the specific provisions of 40 CFR 65.63(a)(1), (2), or
(3)with which the owner or operator has elected to comply. Notification shall be submitted with the notifications of initial startup required by 40 CFR 65.5(b).
(e)Owners and operators of flares that are subject to the flare related requirements of this subpart and flare related requirements of any other regulation in this part or 40 CFR part 61 or 63, may elect to comply with the requirements in § 60.619a in lieu of all flare related requirements in any other regulation in this part or 40 CFR part 61 or 63. Note 1 to § 60.610: The intent of these standards is to minimize the emissions of VOC through the application of BDT. The numerical emission limits in these standards are expressed in terms of total organic compounds (TOC), measured as TOC minus methane and ethane. This emission limit reflects the performance of BDT. [55 FR 26922, June 29, 1990, as amended at 65 FR 78278, Dec. 14, 2000; 89 FR 43086, May 16, 2024; 89 FR 74136, Sept. 12, 2024]
Connections2 cite this
5 references not yet in our index
  • 40 CFR 65
  • 40 CFR 65.1
  • 40 CFR 65.63(a)(1)
  • 40 CFR 65.5(b)
  • 40 CFR 61
Citation graph
cites case law
§ 60.610
Applicability and designation of affected facility.
Fed. Reg.×2
Cite40 CFR 65
Cite40 CFR 65.1
Cite40 CFR 65.63(a)(1)
Cite40 CFR 65.5(b)
Cite40 CFR 61
Cites 5Cited by 2 across 1 source
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