40 C.F.R. § 61.60

Applicability

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(a) This subpart applies to plants which produce:

(1) Ethylene dichloride by reaction of oxygen and hydrogen chloride with ethylene,

(2) Vinyl chloride by any process, and/or

(3) One or more polymers containing any fraction of polymerized vinyl chloride.

(b) This subpart does not apply to equipment used in research and development if the reactor used to polymerize the vinyl chloride processed in the equipment has a capacity of no more than 0.19 m 3 (50 gal).

(c) Sections of this subpart other than §§ 61.61; 61.64 (a)(1), (b), (c), and (d); 61.67; 61.68; 61.69; 61.70; and 61.71 do not apply to equipment used in research and development if the reactor used to polymerize the vinyl chloride processed in the equipment has a capacity of greater than 0.19 m 3(50 gal) and no more than 4.17 m 3(1100 gal).

[41 FR 46564, Oct. 21, 1976, as amended at 42 FR 29006, June 7, 1977; 53 FR 36972, Sept. 23, 1988; 57 FR 60999, Dec. 23, 1992]

Notes of Decisions

Cited in 3 cases, 1983–1985 · leading case: United States v. Ethyl Corp., United States of Am. v. Occidental Chem. Corp. & Firestone Tire & Rubber Co., 761 F.2d 1153 (5th Cir. 1985).

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United States v. Ethyl Corp., United States of Am. v. Occidental Chem. Corp. & Firestone Tire & Rubber Co., 761 F.2d 1153 (5th Cir. 1985). “46,564 (1977) (codified at 40 C.F.R. § 61.60 (1984)). 3 . In 1977, Congress amended section 112 to authorize the Administrator to dictate the "how” as well as the "how much.”

United States v. Borden, Inc., 572 F. Supp. 684 (D. Mass. 1983). “46560, now codified at 40 C.F.R. § 61.60 et seq. Vinyl chloride is principally used in the manufacture of polyvinyl chloride resins which, in turn, are used to produce plastic materials.”

United States v. Ethyl Corp., 576 F. Supp. 80 (M.D. La. 1983). “46560, now codified at 40 C.F.R. § 61.60 et seq. Discharging an air pollutant in violation of the applicable emission standard is prohibited under Section 112(c)(1)(B) of the Clean Air Act.”

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