C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER C—AIR PROGRAMS › PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS › Subpart J—National Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene

40 C.F.R. § 61.110

Applicability and designation of sources

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(a) The provisions of this subpart apply to each of the following sources that are intended to operate in benzene service: pumps, compressors, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, connectors, surge control vessels, bottoms receivers, and control devices or systems required by this subpart.

(b) The provisions of this subpart do not apply to sources located in coke by-product plants.

(c)(1) If an owner or operator applies for one of the exemptions in this paragraph, then the owner or operator shall maintain records as required in § 61.246(i).

(2) Any equipment in benzene service that is located at a plant site designed to produce or use less than 1,000 megagrams (1,102 tons) of benzene per year is exempt from the requirements of § 61.112.

(3) Any process unit (defined in § 61.241) that has no equipment in benzene service is exempt from the requirements of § 61.112.

(d) While the provisions of this subpart are effective, a source to which this subpart applies that is also subject to the provisions of 40 CFR part 60 only will be required to comply with the provisions of this subpart.

[49 FR 23513, June 6, 1984, as amended at 65 FR 62156, Oct. 17, 2000; 65 FR 78280, Dec. 14, 2000]
Notes of Decisions
Cited in 5 cases, 1989–1997 · 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). · cites it 7× “” 40 C.F.R. § 61.110 (c)(2). The EPA contends that the Celriver Plant was designed to use more than two million megagrams of benzene per year, and therefore was not exempt from the regulation.”
United States v. Hoechst Celanese Corp., 128 F.3d 216 (4th Cir. 1997). · cites it 4× “” 40 C.F.R. § 61.110 (c)(2), (1996) (emphasis added).”
United States v. Unitank Terminal Serv., 724 F. Supp. 1158 (E.D. Pa. 1989). · cites it 4× “McKee said: * * * * * * "The benzene fugitive NESHAP applicability section, 40 CFR 61.110, says that the standard applies to nine types of sources in benzene service.”
Yeater ex rel. Est. of Yeater v. Allied Chem. Co., 755 F. Supp. 1330 (N.D. W. Va. 1991). “See 40 C.F.R. §§ 61.110 , 61.240. Again, the promulgation date for the regulations is 1984, nine years after benzene was last used as a raw material and only four months before the plant was closed.”
United States v. Hoechst Celanese, No. 96-2003 (4th Cir. Dec. 4, 1997). · cites it 4× “" 40 C.F.R. § 61.110 (c)(2) (1996) (emphasis added).”
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