[Code of Federal Regulations]
[Title 40, Volume 8]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR61.270]

[Page 171-172]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
--Table of Contents
 
Subpart Y_National Emission Standard for Benzene Emissions From Benzene 
                             Storage Vessels
 
Sec. 61.270  Applicability and designation of sources.

    Source: 54 FR 38077, Sept. 14, 1989, unless otherwise noted.


    (a) The source to which this subpart applies is each storage vessel 
that is storing benzene having a specific gravity within the range of 
specific gravities specified in ASTM D836-84 for Industrial Grade 
Benzene, ASTM D835-85 for Refined Benzene-485, ASTM

[[Page 172]]

D2359-85a or 93 for Refined Benzene-535, and ASTM D4734-87 or 96 for 
Refined Benzene-545. These specifications are incorporated by reference 
as specified in Sec. 61.18. See Sec. 61.18 for acceptable versions of 
these methods.
    (b) Except for paragraph (b) in Sec. 61.276, storage vessels with a 
design storage capacity less than 38 cubic meters (10,000 gallons) are 
exempt from the provisions of this subpart.
    (c) This subpart does not apply to storage vessels used for storing 
benzene at coke by-product facilities.
    (d) This subpart does not apply to vessels permanently attached to 
motor vehicles such as trucks, rail cars, barges, or ships.
    (e) This subpart does not apply to pressure vessels designed to 
operate in excess of 204.9 kPa (29.72 psia) and without emissions to the 
atmosphere.
    (f) A designated source subject to the provisions of this subpart 
that is also subject to applicable provisions of 40 CFR part 60 subparts 
K, Ka, and Kb shall be required to comply only with the subpart that 
contains the most stringent requirements for that source.
    (g) Alternative means of compliance--(1) Option to comply with part 
65. Owners or operators may choose to comply with 40 CFR part 65, 
subpart C, to satisfy the requirements of Sec. Sec. 61.271 through 
61.277, except for Sec. Sec. 61.271(d)(2) and 61.274(a) for storage 
vessels that are subject to this subpart. Other provisions applying to 
owners or operators who choose to comply with 40 CFR part 65 are 
provided in 40 CFR 65.1.
    (2) Part 61, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart C, must also comply with Sec. Sec. 61.01, 
61.02, 61.05 through 61.08, 61.10(b) through (d), 61.11, and 61.15 for 
those storage vessels. All sections and paragraphs of subpart A of this 
part that are not mentioned in this paragraph (g)(2) do not apply for 
storage vessels complying with 40 CFR part 65, subpart C, 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 C, must comply with 40 CFR part 65, subpart A.

[54 FR 38077, Sept. 14, 1989, as amended at 65 FR 62159, Oct. 17, 2000; 
65 FR 78283, Dec. 14, 2000]