[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: 40CFR61.300]

[Page 181-182]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
--Table of Contents
 
Subpart BB_National Emission Standard for Benzene Emissions From Benzene 
                           Transfer Operations
 
Sec. 61.300  Applicability.

    Source: 55 FR 8341, Mar. 7, 1990, unless otherwise noted.


    (a) The affected facility to which this subpart applies is the total 
of all loading racks at which benzene is loaded into tank trucks, 
railcars, or marine vessels at each benzene production facility and each 
bulk terminal. However, specifically exempted from this regulation are 
loading racks at which only the following are loaded: Benzene-laden 
waste (covered under subpart FF of this part), gasoline, crude oil, 
natural gas liquids, petroleum distillates (e.g., fuel oil, diesel, or 
kerosene), or benzene-laden liquid from coke by-product recovery plants.
    (b) Any affected facility under paragraph (a) of this section which 
loads only liquid containing less than 70 weight-percent benzene is 
exempt from the requirements of this subpart, except for the 
recordkeeping and reporting requirements in Sec. 61.305(i).
    (c) Comply with standards at each loading rack. Any affected 
facility under paragraph (a) of this section shall comply with the 
standards in Sec. 61.302 or as specified in paragraph (f) of this 
section, if applicable, at each loading rack that is handling a liquid 
containing 70 weight-percent or more benzene.
    (d) Any affected facility under paragraph (a) of this section whose 
annual benzene loading is less than 1.3 million liters of 70 weight-
percent or more benzene is exempt from the requirements of this subpart, 
except for the recordkeeping and reporting requirements in Sec. 
61.305(i).
    (e) The owner or operator of an affected facility, as defined in 
Sec. 61.300(a) that loads a marine vessel shall be in compliance with 
the provisions of this subpart on and after July 23, 1991. If an 
affected facility that loads a marine vessel also loads a tank truck or 
railcar, the marine vessel loading racks shall be in compliance with the 
provisions of this subpart on and after July 23, 1991, while the tank 
truck loading racks and the railcar loading racks shall be in compliance 
as required by Sec. 61.12.
    (f) Alternative means of compliance--(1) Option to comply with part 
65. Owners or operators may choose to comply with 40 CFR part 65, 
subpart E, to satisfy the requirements of Sec. Sec. 61.302 through 
61.306 for all tank truck or railcar loading racks that are subject to 
this subpart. Loading racks are referred to as transfer racks in 40 CFR 
part 65, subpart E. Other provisions applying to owners or operators who 
choose to comply with 40 CFR part 65 are provided in 40 CFR 65.1. All 
marine vessel loading racks shall comply with the provisions in 
Sec. Sec. 61.302 through 61.306.
    (2) Part 61, subpart A. Owners or operators who choose to comply 
with 40

[[Page 182]]

CFR part 65, subpart E, 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 
loading racks. All sections and paragraphs of subpart A of this part 
that are not mentioned in this paragraph (f)(2) do not apply to owners 
or operators of loading racks complying with 40 CFR part 65, subpart E, 
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 E, must comply with 40 CFR part 65, subpart A.

[55 FR 8341, Mar. 7, 1990, as amended at 55 FR 45804, Oct. 31, 1990; 65 
FR 78284, Dec. 14, 2000]