40 CFR 63.2338 - What parts of my plant does this subpart cover?

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§ 63.2338 What parts of my plant does this subpart cover?
(a) This subpart applies to each new, reconstructed, or existing OLD operation affected source.
(b) Except as provided in paragraph (c) of this section, the affected source is the collection of activities and equipment used to distribute organic liquids into, out of, or within a facility that is a major source of HAP. The affected source is composed of:
(1) All storage tanks storing organic liquids.
(2) All transfer racks at which organic liquids are loaded into or unloaded out of transport vehicles and/or containers.
(3) All equipment leak components in organic liquids service that are associated with:
(i) Storage tanks storing organic liquids;
(ii) Transfer racks loading or unloading organic liquids;
(iii) Pipelines that transfer organic liquids directly between two storage tanks that are subject to this subpart;
(iv) Pipelines that transfer organic liquids directly between a storage tank subject to this subpart and a transfer rack subject to this subpart; and
(v) Pipelines that transfer organic liquids directly between two transfer racks that are subject to this subpart.
(4) All transport vehicles while they are loading or unloading organic liquids at transfer racks subject to this subpart.
(5) All containers while they are loading or unloading organic liquids at transfer racks subject to this subpart.
(c) The equipment listed in paragraphs (c)(1) through (4) of this section and used in the identified operations is excluded from the affected source.
(1) Storage tanks, transfer racks, transport vehicles, containers, and equipment leak components that are part of an affected source under another 40 CFR part 63 national emission standards for hazardous air pollutants (NESHAP).
(2) Non-permanent storage tanks, transfer racks, transport vehicles, containers, and equipment leak components when used in special situation distribution loading and unloading operations (such as maintenance or upset liquids management).
(3) Storage tanks, transfer racks, transport vehicles, containers, and equipment leak components when used to conduct maintenance activities, such as stormwater management, liquid removal from tanks for inspections and maintenance, or changeovers to a different liquid stored in a storage tank.
(d) An affected source is a new affected source if you commenced construction of the affected source after April 2, 2002, and you meet the applicability criteria in § 63.2334 at the time you commenced operation.
(e) An affected source is reconstructed if you meet the criteria for reconstruction as defined in § 63.2.
(f) An affected source is existing if it is not new or reconstructed.
[69 FR 5063, Feb. 3, 2004, as amended at 71 FR 42904, July 28, 2006]

Title 40 published on 2013-07-01

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For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-03-27; vol. 79 # 59 - Thursday, March 27, 2014
    1. 79 FR 17340 - National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins; Pesticide Active Ingredient Production; and Polyether Polyols Production
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      ENVIRONMENTAL PROTECTION AGENCY
      Final rule.
      This final action is effective on March 27, 2014. The incorporation by reference of certain publications listed in this final rule was approved by the Director of the Federal Register as of March 27, 2014.
      40 CFR Part 63

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United States Code

Title 40 published on 2013-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR 63 after this date.

  • 2014-03-27; vol. 79 # 59 - Thursday, March 27, 2014
    1. 79 FR 17340 - National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins; Pesticide Active Ingredient Production; and Polyether Polyols Production
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Final rule.
      This final action is effective on March 27, 2014. The incorporation by reference of certain publications listed in this final rule was approved by the Director of the Federal Register as of March 27, 2014.
      40 CFR Part 63