C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER C—AIR PROGRAMS › PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES › Subpart K—Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978

40 C.F.R. § 60.110

Applicability and designation of affected facility

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(a) Except as provided in § 60.110(b), the affected facility to which this subpart applies is each storage vessel for petroleum liquids which has a storage capacity greater than 151,412 liters (40,000 gallons).

(b) This subpart does not apply to storage vessels for petroleum or condensate stored, processed, and/or treated at a drilling and production facility prior to custody transfer.

(c) Subject to the requirements of this subpart is any facility under paragraph (a) of this section which:

(1) Has a capacity greater than 151, 416 liters (40,000 gallons), but not exceeding 246,052 liters (65,000 gallons), and commences construction or modification after March 8, 1974, and prior to May 19, 1978.

(2) Has a capacity greater than 246,052 liters (65,000 gallons) and commences construction or modification after June 11, 1973, and prior to May 19, 1978.

[42 FR 37937, July 25, 1977, as amended at 45 FR 23379, Apr. 4, 1980]
Notes of Decisions
Cited in 1 case, 1996–1996 · leading case: United States v. Hoechst Celanese Corp., 964 F. Supp. 967 (D.S.C. 1996).
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United States v. Hoechst Celanese Corp., 964 F. Supp. 967 (D.S.C. 1996). “Hoechst Celanese contends, on the other hand, that the exemption is self-implementing because the plain language of Section 61.110(c)(2) provides that a plant designed to use less than 1,000 megagrams of benzene per year “is exem/pt from the requirements.”
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