Applicability and designation of affected facility.
(a) (1) The provisions of this subpart apply to affected facilities in petroleum refineries.
(2) A compressor is an affected facility.
(3) The group of all the equipment (defined in § 60.591) 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 4, 1983, and on or before November 7, 2006, is subject to the requirements of this subpart.
(c) Addition or replacement of equipment (defined in § 60.591) 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) Facilities subject to subpart VV, subpart VVa, or subpart KKK of this part are excluded from this subpart.
(e) Stay of standards. Owners or operators are not required to comply with the definition of “process unit” in § 60.590 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 intermediate or final products from petroleum, unfinished petroleum derivatives, or other intermediates; a process unit can operate independently if supplied with sufficient feed or raw materials and sufficient storage facilities for the product.
[49 FR 22606, May 30, 1984, as amended at 72 FR 64895, Nov. 16, 2007; 73 FR 31376, June 2, 2008]
Title 40 published on 2012-07-01
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