---
kind: "section"
citation: "40 C.F.R. § 60.590"
title: "40"
number: "60.590"
heading: "Applicability and designation of affected facility."
url: "https://uscodex.org/cfr/40/60.590"
---

# §60.590. Applicability and designation of affected facility.

- (a)
  - (1) **The provisions of this subpart apply to affected facilities in petroleum refineries.**
  - (2) **A compressor is an affected facility.**
  - (3) The group of all the equipment (defined in [§ 60.591](/cfr/40/60.591.md)) within a process unit is an affected facility.
- (b) Any affected facility under [paragraph (a)](#a) of this section that commences construction, reconstruction, or modification after January 4, 1983, and on or before November 7, 2006, is subject to the requirements of this subpart.
- (c) Addition or replacement of equipment (defined in [§ 60.591](/cfr/40/60.591.md)) for the purpose of process improvement which is accomplished without a capital expenditure shall not by itself be considered a modification under this subpart.
- (d) Facilities subject to subpart VV, subpart VVa, or subpart KKK of this part are excluded from this subpart.
- (e) **Stay of standards.** Owners or operators are not required to comply with the definition of “process unit” in § 60.590 of this subpart until the EPA takes final action to require compliance and publishes a document in the Federal Register. While the definition of “process unit” is stayed, owners or operators should use the following definition:

  Process unit means components assembled to produce intermediate or final products from petroleum, unfinished petroleum derivatives, or other intermediates; a process unit can operate independently if supplied with sufficient feed or raw materials and sufficient storage facilities for the product.


## Notes

### Amendments

[49 FR 22606, May 30, 1984, as amended at 72 FR 64895, Nov. 16, 2007; 73 FR 31376, June 2, 2008]

### Source

Source: 49 FR 22606, May 30, 1984, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7401 et seq.

### Source

Source: 36 FR 24877, Dec. 23, 1971, unless otherwise noted.

### Amendments

[49 FR 22606, May 30, 1984, as amended at 72 FR 64895, Nov. 16, 2007; 73 FR 31376, June 2, 2008]