34252 Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Proposed Rules

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[FRL–6703–4]

RIN 2060–AH22

National Emission Standards for

Hazardous Air Pollutants: Solvent

Extraction for Vegetable Oil Production

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: This action proposes national

emission standards for hazardous air

pollutants (NESHAP) for solvent

extraction for vegetable oil production.

This industry is comprised of facilities

that produce crude vegetable oil and

meal products by removing oil from

listed oilseeds through direct contact

with an organic solvent. The EPA has

identified solvent extraction for

vegetable oil production processes as

major sources of a single hazardous air

pollutant (HAP), n-hexane.

The EPA does not consider n-hexane

classifiable as a human carcinogen.

However, short-term exposure to high

levels of n-hexane is reported to cause

reactions such as irritations, dizziness,

headaches, and nausea. Long-term

exposure can cause permanent nerve

damage.

This proposed rule will require all

existing and new solvent extraction for

vegetable oil production processes that

are major sources (have the potential to

emit 10 tons per year (tpy) or more of

n-hexane) to meet HAP emission

standards reflecting the application of

the maximum achievable control

technology (MACT). The EPA estimates

that this proposed rule will reduce

nationwide emissions of n-hexane from

solvent extraction for vegetable oil

production processes by approximately

6,800 tons per year (tpy). The emissions

reductions achieved by these NESHAP,

when combined with the emissions

reductions achieved by other similar

standards, will provide protection to the

public and achieve a primary goal of the

Clean Air Act (CAA).

DATES:

Comments. Submit comments on or

before July 25, 2000.

Public Hearing. If anyone contacts the

EPA requesting to speak at a public

hearing by June 15, 2000, a public

hearing will be held on June 26, 2000.

ADDRESSES:

Comments. Submit written comments

(in duplicate if possible) to: Air and

Radiation Docket and Information

Center (6102), Attention Docket Number

A–97–59, Room M–1500, U.S.

Environmental Protection Agency, 1200

Pennsylvania Avenue, NW, Washington,

DC 20460. The EPA requests a separate

copy also be sent to the contact person

listed in FOR FURTHER INFORMATION

CONTACT. Be sure to include the docket

number, A–97–59, on your comments.

Public Hearing. If a public hearing is

held, it will be held at 10:00 a.m. in the

EPA’s Office of Administration

Auditorium, Research Triangle Park,

North Carolina, or at an alternate site

nearby.

Docket. Docket No. A–97–59 contains

supporting information used in

developing the standards. The docket is

located at the U.S. Environmental

Protection Agency, 401 M Street, SW,

Washington, DC 20460 in room M–1500,

Waterside Mall (ground floor), and may

be inspected from 8:30 a.m. to 5:30 p.m.,

Monday through Friday, excluding legal

holidays.

FOR FURTHER INFORMATION CONTACT: Mr.

James F. Durham, Waste & Chemical

Processes Group, Emission Standards

Division, (MD–13), U.S. Environmental

Protection Agency, Research Triangle

Park, North Carolina 27711; telephone

number (919) 541–5672; facsimile

number (919) 541–0246; electronic mail

address ‘‘durham.jim@epa.gov.’’

SUPPLEMENTARY INFORMATION:

Comments. Comments and data may

be submitted by electronic mail (e-mail)

to: a-and-r-docket@epamail.epa.gov.

Comments submitted by e-mail must be

submitted as an ASCII file to avoid the

use of special characters and encryption

problems. Comments will also be

accepted on disks in WordPerfect

version 5.1, 6.1, or 8 file format. All

comments and data submitted in

electronic form must note the docket

number: A–97–59. No confidential

business information (CBI) should be

submitted by e-mail. Electronic

comments may be filed online at many

Federal Depository Libraries.

Commenters wishing to submit

proprietary information for

consideration must clearly distinguish

such information from other comments

and clearly label it as CBI. Send

submissions containing such

proprietary information directly to the

following address, and not to the public

docket, to ensure that proprietary

information is not inadvertently placed

in the docket: Attention: Mr. James F.

Durham, c/o OAQPS Document Control

Officer (Room 740B), U.S.

Environmental Protection Agency, 411

W. Chapel Hill Street, Durham, NC

27701. The EPA will disclose

information identified as CBI only to the

extent allowed by the procedures set

forth in 40 CFR part 2, subpart B. If no

claim of confidentiality accompanies a

submission when it is received by the

EPA, the information may be made

available to the public without further

notice to the commenter.

Public Hearing. A request for a public

hearing must be made by the date

specified under the DATES section.

Persons interested in presenting oral

testimony or inquiring as to whether a

hearing is to be held should contact Mr.

James F. Durham via the information

listed under FOR FURTHER INFORMATION

CONTACT at least 2 days in advance of

the public hearing. Persons interested in

attending the public hearing must also

call Mr. James F. Durham to verify the

time, date, and location of the hearing.

The public hearing will provide

interested parties the opportunity to

present data, views, or arguments

concerning these proposed emission

standards.

Docket. The docket is an organized

and complete file of all the information

considered in the development of this

rulemaking. The docket is a dynamic

file because material is added

throughout the rulemaking process. The

docketing system is intended to allow

members of the public and industries

involved to readily identify and locate

documents so that they can effectively

participate in the rulemaking process.

Along with the proposed and

promulgated standards and their

preambles, the contents of the docket

will serve as the record in the case of

judicial review. (See section

307(d)(7)(A) of the CAA.) The regulatory

text and other materials related to this

rulemaking are available for review in

the docket or copies may be mailed on

request from the Air Docket by calling

(202) 260–7548. A reasonable fee may

be charged for copying docket materials.

World Wide Web (WWW). In addition

to being available in the docket, an

electronic copy of today’s proposed rule

will also be available on the WWW

through the Technology Transfer

Network (TTN). Following signature, a

copy of the rule will be posted on the

TTN’s policy and guidance page for

newly proposed or promulgated rules

http://www.epa.gov/ttn/oarpg. The TTN

provides information and technology

exchange in various areas of air

pollution control. If more information

regarding the TTN is needed, call the

TTN HELP line at (919) 541–5384.

Regulated Entities. If your facility

produces vegetable oil from corn germ,

cottonseed, flax, peanuts, rapeseed (for

example, canola), safflower, soybeans,

or sunflower, it may be a ‘‘regulated

entity.’’ Categories and entities

Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Proposed Rules 34253

potentially regulated by this action

include:

Category SIC

code NAICS Examples of regulated entities

Industry ............................................ 2074 311223 Cottonseed oil mills.

2075 311222 Soybean oil mills.

2076 311223 Other vegetable oil mills, excluding soybeans and cottonseed mills.

2079 311223 Other vegetable oil mills, excluding soybeans and cottonseed mills.

2048 311119 Prepared feeds and feed ingredients for animals and fowls, excluding

dogs and cats.

2041 311221 Flour and other grain mill product mills.

2046 311221 Wet corn milling.

Federal government ......................... ........................ ........................ Not affected.

State/local/tribal government ........... ........................ ........................ Not affected.

This table is not intended to be

exhaustive, but rather a guide regarding

entities likely to be regulated by this

action. To determine whether your

facility is regulated by this action, you

should examine the applicability

criteria in § 63.2832 of the proposed

rule. If you have any questions

regarding the applicability of this action

to a particular entity, consult the person

listed in the preceding FOR FURTHER

INFORMATION CONTACT section.

Outline. The information presented in

this preamble is organized as follows:

I. What is the subject and purpose of this

rule?

A. What pollutant emissions will be

reduced?

B. What are the health effects of these

pollutants?

II. Am I subject to this rule?

III. Have these sources been regulated in the

past?

IV. What procedures did we follow in

developing the proposed rule?

V. What are the regulatory requirements for

MACT?

VI. How was MACT determined?

VII. What are the proposed emission

standards?

VIII. How do I demonstrate compliance?

IX. What are the recordkeeping

requirements?

A. What is a plan for demonstrating

compliance?

B. What is a startup, shutdown, and

malfunction plan?

C. What data must I record?

X. What are the reporting requirements?

A. What notifications must I submit?

B. What reports must I submit?

XI. What are the environmental, energy, cost

and economic impacts?

XII. What are the administrative

requirements for this rule?

A. Executive Order 12866, Significant

Regulatory Action

B. Executive Order 13132, Federalism

C. Executive Order 13084, Consultation

and Coordination with Indian Tribal

Governments

D. Executive Order 13045, Protection of

Children from Environmental Health

Risks and Safety Risks

E. Unfunded Mandates Reform Act of 1995

F. Regulatory Flexibility Act (RFA) as

amended by the Small Business

Regulatory Enforcement Fairness Act of

1996 (SBREFA), 5 U.S.C. 601 et seq.

G. Paperwork Reduction Act

H. National Technology Transfer and

Advancement Act of 1995

I. What Is the Subject and Purpose of

This Rule?

The CAA requires EPA to establish

standards to control HAP emissions

from source categories listed under the

authority of section 112(c) of the CAA.

An initial source category list was

published in the Federal Register on

July 16, 1992 (57 FR 31576), and it

included the ‘‘vegetable oil production’’

source category. We have identified 106

existing facilities in the source category.

For purposes of the proposed rule, the

title has been changed to ‘‘solvent

extraction for vegetable oil production’’

to better describe the effected

population. The source category list will

be amended to reflect this name change

in a separate action. For the remainder

of this preamble and in the regulatory

text, solvent extraction for vegetable oil

production processes is called vegetable

oil production processes.

The purpose of the proposed rule is

to reduce HAP emissions, namely nhexane, from major sources that

produce vegetable oil. A major source is

one with the potential to emit at least 10

tpy of any one HAP or 25 tpy of any

combined HAP. We estimate that all 106

of the existing facilities are major

sources of HAP emissions, and the

baseline emissions of n-hexane from

this source category are approximately

27,400 tpy. We estimate the proposed

rule will reduce baseline HAP emissions

from this source category by

approximately 6,800 tpy (25 percent).

A. What Pollutant Emissions Will Be

Reduced?

The predominate emissions from

solvent extraction for vegetable oil

production processes include n-hexane

(a HAP) and volatile organic compounds

(VOC). Currently, all existing solvent

extraction for vegetable oil production

processes use a hexane-based extraction

solvent that consists primarily (on

average 64 percent) of n-hexane, the

only HAP. The remaining portion of the

solvent consists of hexane isomers

which are categorized as VOC. The

proposed rule includes requirements to

specifically reduce emissions of nhexane. The process of controlling nhexane emissions also reduces

emissions of VOC.

B. What Are the Health Effects of These

Pollutants?

Reported effects on humans from

short-term exposure to high levels of nhexane include irritation of eyes,

mucous membranes, throat and skin, as

well as impairment of the central

nervous system (CNS) including

dizziness, giddiness, headaches, and

slight nausea. Long-term human

exposure from inhalation is associated

with a slowing of peripheral nerve

signal conduction which causes

numbness in the extremities and

muscular weakness, as well as changes

to the retina which causes blurred

vision. Animal exposures to n-hexane

have resulted in damage to nasal,

respiratory tract, lung and peripheral

nerve tissues, as well as effects on the

CNS. No information is available on nhexane effects on human reproduction

or development. Limited laboratory

animal data indicate a potential for

testicular damage in adults, while

several animal studies show no effect on

fetal development. Due to a lack of

information for humans and inadequate

animal evidence, EPA does not consider

n-hexane classifiable as to human

carcinogenicity.

We recognize that the degree of

adverse effects to human health from

exposure to n-hexane can range from

mild to severe. The extent and degree to

which the human health effects may be

experienced is dependent upon (1) the

ambient concentration observed in the

34254 Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Proposed Rules

area (as influenced by emission rates,

meteorological conditions, and terrain);

(2) the frequency of and duration of

exposures; (3) characteristics of exposed

individuals (genetics, age, preexisting

health conditions, and lifestyle), which

vary significantly with the population;

and (4) pollutant-specific characteristics

(toxicity, half-life in the environment,

bioaccumulation, and persistence.)

The proposed rule reduces non-HAP

VOC emissions as well. Emissions of

VOC have been associated with a variety

of health and welfare impacts. Volatile

organic compound emissions, together

with nitrogen oxides, are precursors to

the formation of tropospheric ozone, or

smog. Exposure to ambient ozone is

responsible for a series of public health

impacts, such as alterations in lung

capacity; eye, nose, and throat irritation;

nausea; and aggravation of existing

respiratory disease. Ozone exposure can

also damage forests and crops.

II. Am I Subject to This Rule?

The proposed rule applies to you if

you own or operate any facility with a

solvent extraction for vegetable oil

production process that is a major

source of HAP emissions and processes

any combination of listed oilseed. Listed

oilseeds refers only to the following

agricultural products: corn germ,

cottonseed, flax, peanut, rapeseed (for

example, canola), safflower, soybean, or

sunflower. A solvent extraction for

vegetable oil production process is

defined in § 63.2872 of the proposed

rule as the collection of continuous

process equipment and activities that

produce crude vegetable oil and meal

products by removing oil from listed

oilseeds through direct contact with an

organic solvent, such as a hexane isomer

blend.

III. Have These Sources Been Regulated

in the Past?

This is the first Federal regulation

affecting air emissions from solvent

extraction for vegetable oil production

processes.

IV. What Procedures Did We Follow in

Developing the Proposed Rule?

First, we identified the types of

emission points within the source

category that may potentially release

HAP. A total of nine emission points

were identified including:

(1) Exhaust from the mineral oil

adsorber system;

(2) Exhaust from the meal dryer vent;

(3) Exhaust from the meal cooler vent;

(4) Residual losses from crude meal;

(5) Residual losses from crude oil;

(6) Evaporative losses from equipment

leaks;

(7) Solvent storage tanks;

(8) Process wastewater collection; and

(9) process startup/shutdowns.

It is not practical from a cost

standpoint to quantify losses of HAP

from the individual emission points.

However, total HAP emissions from the

entire source can be determined using

records of deliveries and inventories of

solvent and oilseed. Thus, the

regulatory format for the proposed rule

was selected as an emission limit

expressed in terms of gallons of HAP

lost per ton of oilseed processed.

Next, we investigated possible

differences in solvent retention

characteristics in the meal among

oilseed types and process operations

which affect the achievable level of HAP

emissions. Based on this investigation,

we established 12 performance

standards for both existing and new

sources. The performance standards are

based on the regulatory requirements in

the CAA which are described in the

next section. Finally, we developed

procedures for determining regulatory

alternatives for existing and new

sources.

V. What Are the Regulatory

Requirements for MACT?

The CAA requires a NESHAP to

reflect the maximum degree of

reduction in emissions of HAP that is

achievable for new or existing sources.

We refer to this control level as the

maximum achievable control

technology. The CAA also provides

guidance on determining the least

stringent level allowed for a MACT

standard, the ‘‘MACT floor.’’ For

existing sources, MACT floor standards

must be no less stringent than the

average emission limitation achieved by

the best performing 12 percent of the

existing sources, or by the best

performing five sources for source

categories or subcategories with fewer

than 30 sources. For new sources,

MACT floor standards must be no less

stringent than the emission control

achieved in practice by the best

controlled similar source. Control levels

more stringent than the MACT floor

must reflect consideration of the cost of

achieving the emission reductions, any

nonair quality, health, and

environmental impacts, and energy

requirements.

VI. How Was MACT Determined?

For this proposed rule, the MACT

performance level is an emission limit

expressed in terms of gallons of HAP

lost per ton of oilseed processed over a

12-month compliance period. Each of

the 12 performance standards were

determined from 2 years of monthly

data relating solvent losses (gal) to

oilseed processing rates (tons).

To address variability observed in the

2 years of data used in the MACT floor

determinations, statistical procedures

were applied. Varying climatic patterns

from year-to-year affect oilseed quality

and solvent retention characteristics

which can directly affect facility

operations. Two years of emissions and

process information is not sufficient to

characterize long-term impacts of

climatic patterns on oilseed quality. The

never-to-be-exceeded format of these

proposed MACT standards required us

to statistically examine variability over

2 years and make adjustments to the

HAP loss performance level of each

source to reflect long-term achievability.

For existing sources, the MACT floor

for each of the 12 oilseed or process

operations was determined as the

average of the HAP loss performance

levels corresponding to the top

performing 12 percent of sources (or the

top five for oilseeds or operations with

fewer than 30 sources). For new sources,

the MACT floor was based on the

performance level corresponding to the

top ranking source. The new source

MACT floors are the same or slightly

more stringent than the corresponding

existing source MACT floors. More

details on the MACT floor

determinations can be found in the

memorandum entitled ‘‘MACT Floor

Determinations for Existing and New

Sources in the Vegetable Oil Production

Source Category’’ (Docket No. A–97–59).

We also considered a regulatory

alternative more stringent than the

MACT floor, but rejected it because of

a significantly higher cost per ton of

emission reductions. This above-thefloor option would have required a

catalytic incinerator to control the HAP

emissions in the combined exhaust from

the meal dryer and cooler vents. A

fabric filter would also be required to

remove particulate matter in the exhaust

stream prior to entering the catalytic

incinerator. At present, solvent

extraction for vegetable oil production

processes have not installed such

emission controls on meal dryer or

cooler vents. Thus, the MACT floor

performance level was determined to

represent MACT for this regulation.

More details on the above-the-floor

analysis can be found in the

memorandum entitled ‘‘Summary of

Emission Reductions and Control Costs

Associated with Achieving the MACT

Floor and a Control Option Above the

MACT Floor’’ (Docket No. A–97–59).

Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Proposed Rules 34255

VII. What Are the Proposed Emission

Standards?

Separate emission standards are

proposed for each oilseed or process

operation because solvent retention in

the meal differs for each oilseed and

process type. The emission standards

are presented in Table 1 in § 63.2840 of

the proposed rule.

VIII. How Do I Demonstrate

Compliance?

To demonstrate compliance, you must

perform the following:

(1) Develop a plan for demonstrating

compliance per § 63.2851 of the

proposed rule.

(2) Develop a startup, shutdown, and

malfunction (SSM) plan per § 63.2852 of

the proposed rule.

(3) Maintain monthly records of

solvent loss, HAP content of solvent

received and quantity of oilseed type

processed per § 63.2862(c) of the

proposed rule.

(4) Comply with the standards for

HAP losses as required in § 63.2840 of

the proposed rule.

(5) Submit the necessary notifications

per § 63.2860 of the proposed rule.

(6) Submit the necessary reports per

§ 63.2861 of the proposed rule.

IX. What Are the Recordkeeping

Requirements?

A. What Is a Plan for Demonstrating

Compliance?

Most vegetable oil production sources

currently use reliable methods to

measure the solvent loss and the

quantity of oilseed processed. Therefore,

today’s proposed rule does not require

you to change the method of

measurement, but does require you to

document each method of measurement

and to consistently follow each

documented method. You must develop

a plan for demonstrating compliance

which describes in detail how you will

determine your solvent loss, HAP

content of solvent received, and the

quantity of each oilseed type processed.

The plan for demonstrating compliance

must be developed by the compliance

date and must be kept on site and

available for inspection as described in

§§ 63.2851 and 63.2862(b) of the

proposed rule.

B. What Is a Startup, Shutdown, and

Malfunction Plan?

In accordance with the NESHAP

General Provisions (40 CFR 63.6(e)(3)),

you must develop a written startup,

shutdown, and malfunction (SSM) plan

that describes the exact procedures you

will follow during each type of SSM to

minimize HAP emissions. The SSM

plan must be developed by the

compliance date and must be kept on

site and available for inspection as

described in §§ 63.2852 and 63.2862(b)

of the proposed rule. The SSM plan

must be implemented during a

malfunction period or an initial startup

period as described in § 62.2850 of the

proposed rule.

C. What Data Must I Record?

You must record all of the data

necessary to determine your compliance

ratio as described in § 63.2862 of the

proposed rule. This includes all receipts

and inventory records used to determine

the monthly solvent loss, the HAP

content of each shipment of solvent

received, and the monthly quantity of

oilseed processed. You must record the

starting and ending dates of each

malfunction period and initial startup

period, and the activities during such

periods to demonstrate that the

procedures in the SSM plan were

followed during each such period.

As described in § 63.2863 of the

proposed rule, your records must be in

a form suitable and readily available for

review. You must also keep each record

for 5 years following the date of each

occurrence, measurement, maintenance,

corrective action, report, or record.

Records must remain on site for at least

2 years and then can be maintained

offsite for the remaining 3 years.

X. What Are the Reporting

Requirements?

A. What Notifications Must I Submit?

If you are an existing source, you

must submit an ‘‘initial notification’’

within 120 days after promulgation of

the rule stating whether you are a major

or an area source of HAP and other

information listed under § 63.2860 of

the proposed rule. This initial

submission notifies the Administrator

that you have an affected major source

and must comply with the rule as

promulgated. These NESHAP does not

apply to area sources. If you are a new

or reconstructed source, you must make

several notifications during the process

of construction and startup according to

§ 63.9 of the General Provisions.

You must also submit a notification of

compliance status no later than 60 days

after your initial compliance

determination. For existing sources, you

would normally submit this notification

50 calendar months after promulgation

of the rule (3 years for compliance, 1

year or 12 operating months to record

data, and 2 calendar months to complete

the report). For a new or reconstructed

source, you normally submit this

notification 20 calendar months after

initial startup (6 calendar months for an

initial startup period, 12 operating

months to record data, and 2 calendar

months to complete the report). The

notification of compliance status

identifies the source, lists the oilseed

types processed, and certifies that you

are in compliance.

B. What Reports Must I Submit?

According to § 63.2861 of the

proposed rule, you are required to

submit an annual report certifying that

your source is in compliance. The first

annual compliance certification is due 1

year, 12 calendar months, after the

notification of compliance status.

If your compliance ratio exceeds one,

you must submit a deviation

notification report by the end of the

month following the calendar month in

which you determined the deviation.

If you have a malfunction period or an

initial startup period, as described in

§ 63.2850 of the proposed rule, you

must submit a periodic SSM report. If

you followed the procedures in the SSM

plan, the periodic SSM report is due by

the end of the following month and

certifies that the SSM plan was

followed. You must also include in the

report a description of the initial startup

or malfunction event and an estimate of

the solvent loss during the initial

startup or malfunction period, as

described in § 63.2861(c) of the

proposed rule. If you did not follow the

procedures in the SSM plan, you must

notify the responsible agency within 2

days of the occurrence and submit an

immediate SSM report within 7 days as

described in § 63.2861(d) of the

proposed rule.

XI. What Are the Environmental,

Energy, Cost and Economic Impacts?

We do not expect any significant

secondary air emission, wastewater,

solid waste, or energy impacts resulting

from the proposed rule. The emissions

reduction techniques that will be used

to comply with the NESHAP are

pollution prevention technologies

designed to recover and recycle solvent.

More details on the environmental and

energy impacts can be found in the

memorandum entitled ‘‘Summary of

Environmental and Energy Impacts’’

(Docket No. A–97–59).

As shown in Table 1 of this preamble,

the overall cost effectiveness associated

with the MACT floor level of control is

$1,800 per ton of HAP. This level of

control will reduce HAP emissions from

existing sources by approximately 6,800

tpy, a reduction of approximately 25

percent.

Also shown in Table 1 of this

preamble, we considered an option

34256 Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Proposed Rules

more stringent than the MACT floor

which requires installation of a fabric

filter and catalytic incinerator. This

option nearly doubles the reduction of

HAP emissions achieved by the MACT

floor. However, the cost effectiveness of

the option above the MACT floor is

approximately $13,800 per ton of HAP

reduced. The cost effectiveness

associated with the above-the-floor

control option could be higher after

considering site-specific conditions

which may result in additional design,

operating, and safety requirements that

were not included in the model costs

listed in Table 1 of this preamble.

Because of the significantly higher cost

per ton of emission reductions, we did

not require control more stringent than

the MACT floor. More details on the

MACT floor and above-the-floor cost

analysis can be found in the

memorandum entitled ‘‘Summary of

Emission Reductions and Control Costs

Associated with Achieving the MACT

Floor and a Control Option Above the

MACT Floor’’ (Docket No. A–97–59).

TABLE 1.—SUMMARY OF NATIONAL IMPACTS FOR THE FLOOR AND ABOVE-THE-FLOOR CONTROL SCENARIOS

Control option

Emission

reductions

(tons/yr) Overall

emission

reduction

(percent)

Total

capital

investment

(million $)

Annual

monitoring,

recordkeeping,

and reporting cost

(million $/yr)

Total

annual

cost

(million $/

yr)

Cost

effectiveness

($/ton)

VOC HAP VOC HAP

MACT floor ................................. 10,600 6,800 25 29.7 4.4 12.4 1,200 1,800

Above MACT floor total a ............ 20,900 13,400 49 134.7 6.6 185.0 8,900 13,800

aThe above the MACT floor control option includes the installation of a fabric filter and a catalytic incinerator to control the HAP in the exhaust

from the meal dryer and cooler vents. The above the MACT floor total is the cumulative of impacts and costs associated with the MACT floor

and the additional controls. The costs associated with the above the MACT floor control option could be higher than the costs listed in Table 1 of

this preamble. Site-specific conditions at each source may result in additional design, operating, and safety requirements that were not included

in the above model costs.

The economic impacts of the

proposed rule for the vegetable oil

industry are measured primarily in

terms of market impacts. Market

impacts include estimates of changes in

market price, market production,

industry annual revenues, and possible

facility closures that may result from the

proposed rule. Other secondary market

impacts analyzed include potential

labor market and international trade

impacts.

The proposed rule will potentially

impose emission control costs on

facilities that use solvent extraction

processes to extract oil from oilseeds.

Oilseed processors using mechanical

extraction will not incur emission

control costs as a result of the proposed

rule. In 1995, 31 companies operated

106 solvent extraction for vegetable oil

production processing facilities in the

United States. These companies process

soybean, corn, cottonseed, and other

seeds into oil, meal, and other products.

The other oilseeds include flaxseed,

peanut, rapeseed, safflower, and

sunflower.

Emission control costs were estimated

for each facility expected to be affected

by the proposed rule. Two regulatory

alternatives were analyzed; the MACT

floor and a more stringent above-thefloor alternative. The capital costs for

the proposed rule, the MACT floor, are

estimated to be approximately $29.7

million, while national annualized costs

of $12.4 million are anticipated. By

comparison, the capital and annual cost

estimates for the above-the-floor

alternative are $134.7 million and

$185.0 million, respectively. All costs

are stated in 1995 dollars. The

annualized cost estimates include: (1)

The costs of monitoring, reporting, and

recordkeeping; (2) annualized lost

production costs; (3) operation and

maintenance costs for the emission

control equipment, less the cost savings

from reduced solvent purchases; and (4)

the annualized capital recovery for total

capital emission control investment.

Since capital costs relate to emission

control equipment that will be utilized

over a period of years, this cost is

annualized or apportioned to each year

of the anticipated equipment life. The

annual capital costs include annual

depreciation of equipment plus the cost

of capital associated with financing the

capital equipment over its useful life. In

addition, lost production costs are

foregone profits and other costs incurred

when the plant shuts down to install

new capital equipment. These costs are

a one time expense of the proposed rule

and are annualized over the same period

as the capital equipment. A 7 percent

discount rate or cost of capital is

assumed for this proposed rule. The

annualized capital and lost production

costs are combined with annual

operating and maintenance costs (less

solvent recovery credits) and

recordkeeping, monitoring, and

reporting costs to compute the total

annualized costs to comply with the

proposed rule.

A financial ratio analysis estimating

the ratio of emission control costs to

annual sales revenues (CSR) was

conducted to determine the financial

impact of the proposed rule for facilities

anticipated to incur emission control

costs. Annual facility revenues were

estimated by multiplying the average

1995 market price reported by the

United States Department of Agriculture

by annual production levels for each

facility. The individual facility financial

impacts are expected to be minimal for

the proposed regulatory alternative of

the MACT floor. Of the 106 facilities

affected by the proposed rule, 105 are

predicted to have a facility CSR between

0 and 1 percent, and one facility has a

CSR between 1 and 2 percent. For the

above-the-floor alternative, 21 facilities

have a CSR between 0 and 1 percent, 39

have a CSR between 1 and 2 percent,

and 46 have a CSR between 2 and 3

percent.

A market-based approach was also

used to evaluate the economic impacts

of the proposed rule to producers and

consumers of vegetable oil and meal

products. This approach assumes that

producers have choices when

confronted with emission control costs.

Producers must make a decision of

whether to continue producing these

products and, if so, the optimal level of

production. The vegetable oil markets

are assumed to be perfectly competitive.

In general, the economic impacts of

this proposed rule are expected to be

minimal with predicted price increases

ranging from 0.14 percent to 0.47

percent for individual products.

Estimated domestic production

decreases resulting from the proposed

rule range from 0.12 percent to 0.34

percent for all oil and meal products.

Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Proposed Rules 34257

Revenues for the industry or the value

of domestic shipments are expected to

increase 0.10 percent. This increase in

industry revenues results because the

price elasticity of demand for vegetable

oil and meal products is inelastic. For

products with inelastic demand, a price

increase leads to increases in revenues

for the affected industry. Individual

facilities within the industry may

experience revenue increases or

decreases, depending on their costs of

production, but on average the industry

revenues are anticipated to increase

slightly with the proposed rule. No

facilities are expected to close as a result

of the proposed rule. Labor market

impacts and international trade impacts

are anticipated to be minimal also. More

detailed information concerning the

economic impacts of the proposed

solvent extraction for vegetable oil

production NESHAP can be found in

the report entitled ‘‘Economic Analysis

of Air Pollution Regulations: Vegetable

Oil Industry’’ (Docket No. A–97–59).

XII. What Are the Administrative

Requirements for This Rule?

A. Executive Order 12866, Significant

Regulatory Action

Under Executive Order 12866 (58 FR

51735, October 4, 1993), we must

determine whether the regulatory action

is ‘‘significant’’ and therefore subject to

review by the Office of Management and

Budget (OMB). The Executive Order

defines ‘‘significant regulatory action’’

as one that is likely to result in a rule

that may:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities;

(2) create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs, or the rights and

obligations of recipients thereof; or

(4) raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

It has been determined that this

proposed rule is not a ‘‘significant

regulatory action’’ under the terms of

Executive Order 12866 and is therefore

not subject to OMB review.

B. Executive Order 13132, Federalism

Executive Order 13132, entitled

‘‘Federalism’’ (64 FR 43255, August 10,

1999), requires EPA to develop an

accountable process to ensure

‘‘meaningful and timely input by State

and local officials in the development of

regulatory policies that have federalism

implications.’’ ‘‘Policies that have

federalism implications’’ is defined in

the Executive Order to include

regulations that have ‘‘substantial direct

effects on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government.’’ Under

Executive Order 13132, EPA may not

issue a regulation that has federalism

implications, that imposes substantial

direct compliance costs, and that is not

required by statute, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by State and local

governments, or EPA consults with

State and local officials early in the

process of developing the proposed rule.

The EPA also may not issue a regulation

that has federalism implications and

that preempts State law unless EPA

consults with State and local officials

early in the process of developing the

proposed rule.

If EPA complies by consulting,

Executive Order 13132 requires EPA to

provide to the OMB, in a separately

identified section of the preamble to the

rule, a federalism summary impact

statement (FSIS). The FSIS must include

a description of the extent of EPA’s

prior consultation with State and local

officials, a summary of the nature of

their concerns and EPA’s position

supporting the need to issue the

regulation, and a statement of the extent

to which the concerns of State and local

officials have been met. Also, when EPA

transmits a draft final rule with

federalism implications to OMB for

review pursuant to Executive Order

12866, EPA must include a certification

from its Federalism Official stating that

EPA has met the requirements of

Executive Order 13132 in a meaningful

and timely manner.

This proposed rule will not have

substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132. This is because

the proposed rule applies to affected

sources in the vegetable oil production

industry, not to States or local

governments. Nor will State law be

preempted, or any mandates be imposed

on States or local governments. Thus,

the requirements of section 6 of the

Executive Order do not apply to this

proposed rule. The EPA notes, however,

that although not required to do so by

this Executive Order (or otherwise) it

did consult with State governments

during development of this proposed

rule.

C. Executive Order 13084, Consultation

and Coordination With Indian Tribal

Governments

Under Executive Order 13084, EPA

may not issue a regulation that is not

required by statute, that significantly or

uniquely affects the communities of

Indian tribal governments, and that

imposes substantial direct compliance

costs on those communities, unless the

Federal government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments, or EPA consults with

those governments. If EPA complies by

consulting, Executive Order 13084

requires EPA to provide to the OMB, in

a separately identified section of the

preamble to the rule, a description of

the extent of EPA’s prior consultation

with representatives of affected tribal

governments, a summary of the nature

of their concerns, and a statement

supporting the need to issue the

regulation. In addition, Executive Order

13084 requires EPA to develop an

effective process permitting elected

officials and other representatives of

Indian tribal governments ‘‘to provide

meaningful and timely input in the

development of regulatory policies on

matters that significantly or uniquely

affect their communities.’’

Today’s proposed rule does not

significantly or uniquely affect the

communities of Indian tribal

governments. No known vegetable oil

production facility is located within the

jurisdiction of any tribal government.

Accordingly, the requirements of

section 3(b) of Executive Order 13084

do not apply to this rule.

D. Executive Order 13045, Protection of

Children From Environmental Health

Risks and Safety Risks

Executive Order 13045: ‘‘Protection of

Children from Environmental Health

Risks and Safety Risks’’ (62 FR 19885,

April 23, 1997) applies to any rule that:

(1) Is determined to be ‘‘economically

significant’’ as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

34258 Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Proposed Rules

and reasonably feasible alternatives

considered by the Agency.

This rule is not ‘‘economically

significant’’ as defined under Executive

Order 12866. Further, EPA interprets

Executive Order 13045 as applying only

to those regulatory actions that are

based on health or safety risks, such that

the analysis required under section 5–

501 of the Executive Order has the

potential to influence the regulation.

This proposed rule is not subject to

Executive Order 13045 because it

establishes an environmental standard

based on available technology rather

than reduction of health risk. No

children’s risk analysis was performed

because no alternative technologies

exist that would provide greater

stringency at a reasonable cost.

Furthermore, this rule has been

determined not to be ‘‘economically

significant’’ as defined under Executive

Order 12866.

E. Unfunded Mandates Reform Act of

1995

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local,

and tribal governments and the private

sector. Under section 202 of the UMRA,

EPA generally must prepare a written

statement, including a cost-benefit

analysis, for proposed and final rules

with ‘‘Federal mandates’’ that may

result in expenditures by State, local,

and tribal governments, in aggregate, or

by the private sector, of $100 million or

more in any 1 year. Before promulgating

an EPA rule for which a written

statement is needed, section 205 of the

UMRA generally requires the EPA to

identify and consider a reasonable

number of regulatory alternatives and

adopt the least-costly, most costeffective, or least-burdensome

alternative that achieves the objectives

of the rule. The provisions of section

205 do not apply when they are

inconsistent with applicable law.

Moreover, section 205 allows the EPA to

adopt an alternative other than the leastcostly, most cost-effective, or leastburdensome alternative if the

Administrator publishes with the final

rule an explanation why that alternative

was not adopted. Before the EPA

establishes any regulatory requirements

that may significantly or uniquely affect

small governments, including tribal

governments, it must have developed

under section 203 of the UMRA a small

government agency plan. The plan must

provide for notifying potentially

affected small governments, enabling

officials of affected small governments

to have meaningful and timely input in

the development of EPA regulatory

proposals with significant Federal

intergovernmental mandates, and

informing, educating, and advising

small governments on compliance with

the regulatory requirements.

The EPA has determined that this

proposed rule does not contain a

Federal mandate that may result in

expenditures of $100 million or more

for State, local, and tribal governments,

in the aggregate, or the private sector in

any 1 year. The maximum total annual

cost of this proposed rule for any 1 year

has been estimated to be less than $15

million. Thus, today’s proposed rule is

not subject to the requirements of

sections 202 and 205 of the UMRA. In

addition, EPA has determined that this

proposed rule contains no regulatory

requirements that might significantly or

uniquely affect small governments

because it contains no requirements that

apply to such governments or impose

obligations upon them. Therefore,

today’s proposed rule is not subject to

the requirements of section 203 of the

UMRA.

F. Regulatory Flexibility Act (RFA), As

Amended by the Small Business

Regulatory Enforcement Fairness Act of

1996 (SBREFA), 5 U.S.C. 601 et seq.

The RFA generally requires an agency

to conduct a regulatory flexibility

analysis of any rule subject to notice

and comment rulemaking requirements

unless the agency certifies that the rule

will not have a significant economic

impact on a substantial number of small

entities. The proposed solvent

extraction for vegetable oil production

NESHAP will not have a significant

economic impact on a substantial

number of small entities. Small entities

include small businesses, small not-forprofit enterprises, and small

governmental jurisdictions.

For this regulation, the impacted

small entities are businesses, and the

Small Business Administration (SBA)

defines the criteria used to designate a

business as small. The relevant small

business criteria are shown below.

TABLE 2.—AFFECTED INDUSTRY CLASSIFICATION CODES AND SMALL BUSINESS CRITERIA FOR THE SOLVENT EXTRACTION

FOR VEGETABLE OIL PRODUCTION NESHAP

SIC NAICS Small business criteria (by SIC)

2046—Wet Corn Milling ..................................... 311221—Wet Corn Milling ............................... Fewer than 750 employees.

2041—Flour and Other Grain Mill Products ...... 311221—Wet Corn Milling ............................... Fewer than 500 employees.

2074—Cottonseed Oil Mills ............................... 311223—Other Oilseed Processing ................ Fewer than 500 employees.

2075—Soybean Oil Mills ................................... 311222—Soybean Processing ......................... Fewer than 500 employees.

2076—Vegetable Oil Mills ................................. 311223—Other Oilseed Processing ................ Fewer than 1,000 employees.

Based upon these criteria, thirteen

companies operating oilseed processing

facilities are small businesses. These

small businesses operated 16 vegetable

oil processing facilities or 15 percent of

the solvent extraction facilities in

operation during 1995. Twelve of these

17 facilities were cottonseed processing

mills indicating that 50 percent of the

25 cottonseed processing facilities

operating in 1995 were operated by

small businesses.

The EPA analyzed the potential

impact of the proposed rule on these

small entities. The EPA calculated the

ratio of estimated annualized emission

control costs relative to baseline 1995

sales revenue for each small company

expected to be impacted by the

proposed rule. While the CSR has

different significance for different

market situations, it is a good rough

gauge of potential impact. If costs for the

individual firm (or group of firms) are

completely passed on to the purchasers

of the good(s) being produced, the ratio

is an estimate of the price increase (in

percentage form after multiplying the

ratio by 100). If costs are completely

absorbed by the producer, this ratio is

an estimate of the decrease in pretax

profits (in percentage form after

multiplying the ratio by 100). The

distribution of cost to sales ratios across

the whole market, the competitiveness

of the market, and profit to sales ratios

are among the obvious factors that may

influence the significance of any

particular cost to sales ratio for an

individual facility. The mean or average

CSR for small companies affected by the

proposed rule is 0.29 percent, with

Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Proposed Rules 34259

range of CSR from a low of 0.04 percent

to a high estimate of 0.86 percent. As a

result of the increased costs of emission

controls, these firms will either likely

increase the price of their products in

response to a market change in price,

will absorb the cost increase with no

price increase, or will respond with a

combination of these responses. Since

the estimated costs as a percentage of

sales is relatively minimal for the

affected small oilseed processing

companies, it is anticipated that the

proposed rule will not have a significant

impact on the affected companies’

profitability.

Many cottonseed processing facilities

are owned by small businesses. Nine of

the 25 cottonseed processing facilities

have ceased operation or are currently

dormant subsequent to the baseline year

of 1995. These factors prompted an

additional analysis to determine

whether cottonseed processing facilities

will experience significant economic

impacts as a result of the proposed rule.

For this analysis, the estimated costs of

emission controls for an individual

facility were compared to the estimated

1995 sales revenue for that facility to

estimate facility-specific cost to sales

ratios. A CSR exceeding 1 percent was

determined to be an indicator of the

potential for a significant economic

impact for cottonseed processing

facilities. For the eight cottonseed

processing facilities currently operating

that are owned by small businesses, the

average CSR is 0.39 percent with a highlow range of 0.08 to 0.86 percent. These

estimated costs as a percent of sales are

less than 1 percent indicating that

significant economic impacts are not

likely for the cottonseed facilities

owned by small businesses as a result of

the proposed rule. Thus, EPA has

concluded that this proposed rule will

not have a significant impact on a

substantial number of small entities.

G. Paperwork Reduction Act

The information collection

requirements in this proposed rule will

be submitted for approval to the OMB

under the Paperwork Reduction Act, 44

U.S.C. 3501 et seq. An Information

Collection Request (ICR) document has

been prepared by EPA (ICR No. 1947–

01) and a copy may be obtained from

Sandy Farmer by mail at the U.S.

Environmental Protection Agency,

Office of Environmental Information,

Collection Strategies Division (2822),

1200 Pennsylvania Avenue NW.,

Washington, DC 20460, by e-mail at

farmer.sandy@epa.gov, or by calling

(202) 260–2740. A copy may also be

downloaded off the internet at http://

www.epa.gov/icr. The information

requirements are not effective until

OMB approves them.

The information requirements are

based on notification, recordkeeping,

and reporting requirements in the

NESHAP General Provisions (40 CFR

part 63, subpart A), which are

mandatory for all operators subject to

national emission standards. These

recordkeeping and reporting

requirements are specifically authorized

by section 114 of the CAA (42 U.S.C.

7414). All information submitted to the

EPA pursuant to the recordkeeping and

reporting requirements for which a

claim of confidentiality is made is

safeguarded according to EPA policies

set forth in 40 CFR part 2, subpart B.

The total 3-year burden of monitoring,

recordkeeping, and reporting for this

collection is estimated at 30,275 labor

hours, and the annual average burden is

10,092 labor hours for the affected

facilities. There are no required capital

costs for the proposed solvent extraction

for vegetable oil production NESHAP.

This estimate includes initial

notification(s), plan for demonstrating

compliance, SSM plan, notification of

compliance status, monthly inventory

recordkeeping, monthly determination

of the compliance ratio, annual

compliance certifications, deviation

notification reports, periodic SSM

reports, and immediate SSM reports for

each of the 106 existing sources and one

new source per year from proposal.

Burden means the total time, effort, or

financial resources people spend to

generate, maintain, keep, or disclose to

or for a Federal agency. This includes

the time needed to review instructions;

develop, acquire, install, and use

technology and systems to collect,

validate, and verify information;

process, maintain, disclose, and provide

information; adjust ways to comply with

any previously applicable instructions

and requirements; train people to

respond to a collection of information;

search data sources; collect and review

information; and transmit or otherwise

disclose the information.

An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid OMB

control number. The OMB control

numbers for EPA’s regulations are in 40

CFR part 9 and 48 CFR chapter 15.

H. National Technology Transfer and

Advancement Act of 1995

Under section 12(d) of the National

Technology Transfer and Advancement

Act (NTTAA) of 1995 (Publication L.

No. 104–113), all Federal agencies are

required to use voluntary consensus

standards in their regulatory and

procurement activities unless to do so

would be inconsistent with applicable

law or otherwise impractical. Voluntary

consensus standards are technical

standards (e.g., materials specifications,

test methods, sampling procedures,

business practices) developed or

adopted by one or more voluntary

consensus bodies. The NTTAA requires

Federal agencies to provide Congress,

through annual reports to the Office of

Management and Budget (OMB), with

explanations when an agency does not

use available and applicable voluntary

consensus standards.

Consistent with the NTTAA, the EPA

conducted a search for EPA’s Method

311 (Analysis of Hazardous Air

Pollutant Compounds in Paints and

Coatings by Direct Injection into a Gas

Chromatograph) and found no candidate

voluntary consensus standards for use

in identifying n-hexane. This proposal

references the National Emission

Standards for Closed Vent Systems,

Control Devices, Recovery Devices, and

Routing to a Fuel Gas System or a

Process (Subpart SS). Since there are no

new technical standard requirements

resulting from specifying Subpart SS in

this rule, and no candidate consensus

standards were identified for EPA

Method 311 (n-hexane) in this proposal,

EPA is not proposing/adopting any

voluntary consensus standards in this

rulemaking.

EPA takes comment on proposed

compliance demonstration requirements

proposed in this rulemaking and

specifically invites the public to identify

potentially-applicable voluntary

consensus standards. Commentors

should also explain why this regulation

should adopt these VCS’s in lieu of

EPA’s standards. Emission test methods

and performance specifications

submitted for evaluation should be

accompanied with a basis for the

recommendation, including method

validation data and the procedure used

to validate the candidate method (if

method other than Method 301, 40 CFR

Part 63, Appendix A was used).

Section 63.2854(b)(1) of the proposed

standard lists EPA Method 311. EPA

Method 311 has been used by States and

industry for approximately five years.

Nevertheless, under § 63.7(f) of Subpart

A of this part, the proposal allows any

State or source to apply to EPA for

permission to use an alternative method

in lieu of EPA Method 311 listed in

§ 63.2854(b)(1).

List of Subjects in 40 CFR Part 63

Environmental protection,

Administrative practice and procedure,

Air pollution control, Hazardous

substances, Intergovernmental relations,

34260 Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Proposed Rules

Reporting and recordkeeping

requirements.

Dated: May 12, 2000.

Carol M. Browner,

Administrator.

For the reasons stated in the

preamble, title 40, chapter I, part 63, of

the Code of the Federal Regulations is

proposed to be amended as follows:

PART 63—[AMENDED]

1. The authority citation for part 63

continues to read as follows:

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

2. Part 63 is amended by adding

subpart GGGG to read as follows:

Subpart GGGG—National Emission

Standards for Hazardous Air

Pollutants: Solvent Extraction for

Vegetable Oil Production

Sec.

What This Subpart Covers

63.2830 What is the purpose of this

subpart?

63.2831 Where can I find definitions of key

words used in this subpart?

63.2832 Am I subject to this subpart?

63.2833 Is my source categorized as existing

or new?

63.2834 When do I have to comply with the

standards in this subpart?

Standards

63.2840 What emission requirements must I

meet?

Compliance Requirements

63.2850 How do I comply with the

hazardous air pollutant (HAP) emission

standards?

63.2851 What is a plan for demonstrating

compliance?

63.2852 What is a startup, shutdown, and

malfunction plan?

63.2853 How do I determine the actual

solvent loss?

63.2854 How do I determine the weighted

average volume fraction of HAP in the

actual solvent loss?

63.2855 How do I determine the quantity of

oilseed processed?

Notifications, Reports, and Records

63.2860 What notifications must I submit

and when?

63.2861 What reports must I submit and

when?

63.2862 What records must I keep?

63.2863 In what form and how long must I

keep my records?

Other Requirements and Information

63.2870 What parts of the General

Provisions apply to me?

63.2871 Who administers this subpart?

63.2872 What definitions apply to this

subpart?

Subpart GGGG—National Emission

Standards for Hazardous Air

Pollutants: Solvent Extraction for

Vegetable Oil Production

What This Subpart Covers

§ 63.2830 What is the purpose of this

subpart?

This subpart establishes national

emission standards for hazardous air

pollutants (NESHAP) emitted during

vegetable oil production. These

standards limit HAP emissions from

specified vegetable oil production

processes. This subpart also establishes

requirements to demonstrate initial and

continuous compliance with the

emission standards.

§ 63.2831 Where can I find definitions of

key words used in this subpart?

You can find definitions of key words

used in this subpart in the sources listed

in paragraphs (a) through (c) of this

section:

(a) The Clean Air Act, section 112(a).

(b) The NESHAP General Provisions

in § 63.2.

(c) In § 63.2872 of this subpart.

§ 63.2832 Am I subject to this subpart?

(a) You are an affected source subject

to this subpart if you meet all of the

criteria listed in paragraphs (a)(1) and

(a)(2) of this section:

(1) You own or operate a vegetable oil

production process that is a major

source of HAP emissions or is

collocated within a plant site with other

sources that are individually or

collectively a major source of HAP

emissions.

(i) A vegetable oil production process

is defined in § 63.2872. In general, it is

the collection of continuous process

equipment and activities that produce

crude vegetable oil and meal products

by removing oil from oilseeds listed in

Table 1 in § 63.2840 through direct

contact with an organic solvent, such as

a hexane isomer blend.

(ii) A major source of HAP is a plant

site that emits or has the potential to

emit any single HAP at a rate of 10 tons

(9.07 megagrams) or more per year or

any combination of HAP at a rate of 25

tons (22.68 megagrams) or more per

year.

(2) Your vegetable oil production

process processes any combination of

eight types of oilseeds listed in

paragraphs (a)(2)(i) through (viii) of this

section:

(i) Corn germ;

(ii) Cottonseed;

(iii) Flax;

(iv) Peanut;

(v) Rapeseed (for example, canola);

(vi) Safflower;

(vii) Soybean; and

(viii) Sunflower.

(b) You are not subject to this subpart

if your vegetable oil production process

meets any of the criteria listed in

paragraphs (b)(1) through (3) of this

section:

(1) It uses only mechanical extraction

techniques that use no organic solvent

to remove oil from a listed oilseed.

(2) It uses only batch solvent

extraction and batch desolventizing

equipment.

(3) It processes only agricultural

products that are not listed oilseeds as

defined in § 63.2872.

§ 63.2833 Is my source categorized as

existing or new?

(a) This subpart applies to each

existing and new affected source. You

must categorize your vegetable oil

production process as either an existing

or new source in accordance with the

criteria in Table 1 of this section, as

follows:

TABLE 1 OF § 63.2833.—CATEGORIZING YOUR SOURCE AS EXISTING OR NEW

If your affected source . . . And if . . . Then your affected source . . .

1. Was constructed or began construction before May 26, 2000.reconstruction has not occurred ....................... is an existing source.

2. Began reconstruction, as defined in § 63.2,

on or after May 26, 2000.

reconstruction was part of a scheduled plan to

comply with the existing source requirements of this subpart and reconstruction

was completed no later than 3 years after

the effective date of this subpart.

remains an existing source.

3. Began a significant modification, as defined

in § 63.2872, at any time on an existing

source.

the modification does not constitute reconstruction.remains an existing source.

Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Proposed Rules 34261

TABLE 1 OF § 63.2833.—CATEGORIZING YOUR SOURCE AS EXISTING OR NEW—Continued

If your affected source . . . And if... Then your affected source . . .

4. Began a significant modification, as defined

in § 63.2872, at any time on a new source.

the modification does not constitute reconstruction.remains a new source.

5. Began reconstruction on or after May 26,

2000.

reconstruction was completed later than 3

years after the effective date of this subpart.

is a new source.

6. Began construction on or after May 26,

2000.

........................................................................... is a new source.

(b) Reconstruction of a source. Any

affected source is reconstructed if

components are replaced so that the

criteria in the definition of

reconstruction in § 63.2 are satisfied. In

general, a vegetable oil production

process is reconstructed if the fixed

capital cost of the new components

exceeds 50 percent of the fixed capital

cost for constructing a new vegetable oil

production process, and it is technically

and economically feasible for the

reconstructed source to meet the

relevant new source standard

established in this subpart. The effect of

reconstruction on the categorization of

your existing and new affected source is

described in paragraphs (b)(1) and (b)(2)

of this section:

(1) After reconstruction of an existing

source, the affected source is

recategorized as a new source and

becomes subject to the new source

requirements of this subpart.

(2) After reconstruction of a new

source, the affected source remains

categorized as a new source and remains

subject to the new source requirements

of this subpart.

(c) Significant modification of a

source. A significant modification to an

affected source is a term specific to this

subpart and is defined in § 63.2872.

(1) In general, a significant

modification to your source consists of

adding new equipment or the

modification of existing equipment

within the affected source that

significantly affects solvent losses from

the affected source. Examples include

adding or replacing extractors,

desolventizer-toasters (conventional and

specialty), and meal dryer-coolers. All

other significant modifications must

meet the criteria listed in paragraphs

(c)(1)(i) and (1) (ii) of this section:

(i) The fixed capital cost of the

modification represents a significant

percentage of the fixed capital cost of

building a comparable new vegetable oil

production process.

(ii) It does not constitute

reconstruction as defined in § 63.2.

(2) A significant modification has no

effect on the categorization of your

source as existing and new. An existing

source remains categorized as an

existing source and subject to the

existing source requirements of this

subpart. A new source remains

categorized as a new source and subject

to the new source requirements of this

subpart.

(d) Changes in the type of oilseed

processed by your affected source does

not affect the categorization of your

source as new or existing.

Recategorizing an affected source from

existing to new occurs only when you

add or modify process equipment

within the source which meets the

definition of reconstruction.

§ 63.2834 When do I have to comply with

the standards in this subpart?

You must comply with the standards

in accordance with one of the schedules

in Table 1 of this section, as follows:

TABLE 1 OF § 63.2834.—COMPLIANCE DATES FOR EXISTING AND NEW SOURCES

If your affected source is

categorized as . . . And if . . . Then your compliance date is . . .

1. An existing source ........... .......................................................................................... 3 years after [the effective date of this subpart].

2. A new source ................... you startup your affected source before [the effective

date of this subpart].

[the effective date of this subpart].

3. A new source ................... you startup your affected source on or after [the effective date of this subpart].your startup date.

Standards

§ 63.2840 What emission requirements

must I meet?

(a)(1) The emission requirements limit

the number of gallons of HAP lost per

ton of listed oilseeds processed. For

each operating month, you must

calculate a compliance ratio which

compares your actual HAP loss to your

allowable HAP loss for the previous 12

operating months as shown in Equation

1 of this section. An operating month,

as defined in § 63.2872, is any calendar

month in which a source processes a

listed oilseed, excluding any entire

calendar month in which the source

operated under an initial startup period

subject to § 63.2850(c)(2) or (d)(2) or a

malfunction period subject to

§ 63.2850(e)(2). Equation 1 of this

section follows:

Compliance Ratio = Actual HAP Loss

Allowable HAP Loss (Eq. 1)

(2) Equation 1 of this section can also

be expressed as a function of total

solvent loss as show in Equation 2 of the

section, as follows:

34262 Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Proposed Rules

Compliance Ratio = f Actual Solvent Loss

0.64 (Oilseed) (SLF)

(Eq. 2)

i

i=1

n

∗

∗ ∗ ∑( ) i

Where:

f = The weighted average volume

fraction of HAP in solvent received

during the previous 12 operating

months, as determined in § 63.2854,

dimensionless.

0.64 = The average volume fraction of

HAP in solvent in the baseline

performance data, dimensionless.

Actual Solvent Loss = Gallons of actual

solvent loss during previous 12

operating months, as determined in

§ 63.2853.

Oilseed = Tons of each oilseed type ‘‘i’’

processed during the previous 12

operating months, as shown in

§ 63.2855.

SLF = The corresponding solvent loss

factor (gal/ton) for oilseed ‘‘i’’ listed

in Table 1 of this section, as

follows:

TABLE 1 OF § 63.2840.—OILSEED SOLVENT LOSS FACTORS FOR DETERMINING ALLOWABLE HAP LOSS

Type of oilseed process A source that . . .

Oilseed solvent

loss factor

(gal/ton)

Existing

sources New sources

1. Corn Germ, Wet Milling ................ processes corn germ that has been separated from other corn components using a ‘‘wet’’ process of centrifuging a slurry steeped in a dilute

sulfurous acid solution.

0.4 0.3

2. Corn Germ, Dry Milling ................. processes corn germ that has been separated from the other corn components using a ‘‘dry’’ process of mechanical chafing and air sifting.0.7 0.7

3. Cottonseed, Large ........................ processes 120,000 tons or more of a combination of cottonseed and

other listed oilseeds during all normal operating periods in a 12 operating month period.

0.5 0.4

4. Cottonseed, Small ......................... processes less than 120,000 tons of a combination of cottonseed and

other listed oilseeds during all normal operating periods in a 12 operating month period.

0.7 0.4

5. Flax ............................................... processes flax .............................................................................................. 0.6 0.6

6. Peanuts ......................................... processes peanuts ....................................................................................... 1.2 0.7

7. Rapeseed ...................................... processes rapeseed ..................................................................................... 0.7 0.3

8. Safflower ....................................... processes safflower ..................................................................................... 0.7 0.7

9. Soybean, Conventional ................. uses a conventional style desolventizer to produce crude soybean oil

products and soybean animal feed products.

0.2 0.2

10. Soybean, Specialty ..................... uses a special style desolventizer to produce soybean meal products for

human and animal consumption.

1.7 1.5

11. Soybean, Combination Plant with

Low Specialty Production.

processes soybeans in both specialty and conventional desolventizers

and the quantity of soybeans processed in specialty desolventizers

during normal operating periods is less than 3.3 percent of total soybeans processed during all normal operating periods in a 12 operating

month period. The corresponding solvent loss factor is an overall value

and applies to the total quantity of soybeans processed.

0.25 0.25

12. Sunflower .................................... processes sunflower .................................................................................... 0.4 0.3

(b) When your source has processed

listed oilseed for 12 operating months,

calculate the compliance ratio by the

end of each calendar month following

an operating month using Equation 2 of

this section. When calculating your

compliance ratio, consider the

conditions and exclusions in paragraphs

(b)(1) through (6) of this section: (1) If your source processes any

quantity of listed oilseeds in a calendar

month and the source is not operating

under an initial startup period or

malfunction period subject to § 63.2850,

then you must categorize the month as

an operating month, as defined in

§ 63.2872.

(2) The 12-month compliance ratio

may include operating months

occurring prior to a source shutdown

and operating months that follow after

the source resumes operation.

(3) If your source shuts down and

processes no listed oilseed for an entire

calendar month, then you must

categorize the month as a nonoperating

month, as defined in § 63.2872. Exclude

any nonoperating months from the

compliance ratio determination.

(4) If your source is subject to an

initial startup period as defined in

§ 63.2872, exclude from the compliance

ratio determination any solvent and

oilseed information recorded for the

initial startup period.

(5) If your source is subject to a

malfunction period as defined in

§ 63.2872, exclude from the compliance

ratio determination any solvent and

oilseed information recorded for the

malfunction period.

(6) For sources processing cottonseed

or specialty soybean, the solvent loss

factor you use to determine the

compliance ratio may change each

operating month depending on the tons

of oilseed processed during all normal

operating periods in a 12 operating

month period. (c) If the compliance ratio is less than

or equal to 1.00, your source was in

compliance with the HAP emission

requirements for the previous operating

month.

(d) To determine the compliance ratio

in Equation 2 of this section, you must

select the appropriate oilseed solvent

loss factor from Table 1 of this section.

First, determine whether your source is

new or existing using Table 1 in

§ 63.2833. Then, under the appropriate

existing or new source column, select

the oilseed solvent loss factor that

corresponds to each type oilseed or

process operation for each operating

month.

Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Proposed Rules 34263

Compliance Requirements

§ 63.2850 How do I comply with the HAP

emission standards?

(a) General requirements. The

requirements in paragraphs (a)(1)(i)

through (iv) of this section apply to all

affected sources:

(1) Submit the necessary notifications

in accordance with § 63.2860, which

include:

(i) Initial notifications for existing

sources.

(ii) Initial notifications for new and

reconstructed sources.

(iii) Initial notifications for significant

modifications to existing or new

sources.

(iv) Notification of compliance status.

(2) Develop and implement a plan for

demonstrating compliance in

accordance with § 63.2851.

(3) Develop a written startup,

shutdown and malfunction (SSM) plan

in accordance with the provisions in

§ 63.2852.

(4) Maintain all the necessary records

you have used to demonstrate

compliance with this subpart in

accordance with § 63.2862.

(5) Submit the reports in paragraphs

(a)(5)(i) through (iii) of this section:

(i) Annual compliance certifications

in accordance with § 63.2861(a).

(ii) Periodic startup, shutdown, and

malfunction reports in accordance with

§ 63.2861(c).

(iii) Immediate startup, shutdown,

and malfunction reports in accordance

with § 63.2861(d).

(6) Submit all notifications and

reports and maintain all records

required by the General Provisions for

performance testing if you add a control

device that destroys solvent.

(b) Existing sources under normal

operation. You must meet all of the

requirements listed in paragraph (a) of

this section and Table 1 of this section

for sources under normal operation, and

the schedules for demonstrating

compliance for existing sources under

normal operation in Table 2 of this

section.

(c) New sources. Your new source,

including a source that is categorized as

new due to reconstruction, must meet

the requirements associated with one of

two compliance options. Within 15 days

of the startup date, you must choose to

comply with one of the options listed in

paragraph (c)(1) or (c)(2) of this section:

(1) Normal operation. Upon startup of

your new source, you must meet all of

the requirements listed in § 63.2850(a)

and Table 1 of this section for sources

under normal operation, and the

schedules for demonstrating compliance

for new sources under normal operation

in Table 2 of this section.

(2) Initial startup period. For up to 6

calendar months after the startup date of

your new source, you must meet all of

the requirements listed in paragraph (a)

of this section and Table 1 of this

section for sources operating under an

initial startup period, and the schedules

for demonstrating compliance for new

sources operating under an initial

startup period in Table 2 of this section.

After a maximum of 6 calendar months,

your new source must then meet all of

the requirements listed in Table 1 of this

section for sources under normal

operation.

(d) Existing or new sources that have

been significantly modified. Your

existing or new source that has been

significantly modified must meet the

requirements associated with one of two

compliance options. Within 15 days of

the modified source startup date, you

must choose to comply with one of the

options listed in paragraph (d)(1) or

(d)(2) of this section:

(1) Normal operation. Upon startup of

your significantly modified existing or

new source, you must meet all of the

requirements listed in paragraph (a) and

Table 1 of this section for sources under

normal operation, and the schedules for

demonstrating compliance for an

existing or new source that has been

significantly modified in Table 2 of this

section.

(2) Initial startup period. For up to 3

calendar months after the startup date of

your significantly modified existing or

new source, you must meet all of the

requirements listed in paragraph (a) and

Table 1 of this section for sources

operating under an initial startup

period, and the schedules for

demonstrating compliance for a

significantly modified existing or new

source operating under an initial startup

period in Table 2 of this section. After

a maximum of 3 calendar months, your

new or existing source must meet all of

the requirements listed in Table 1 of this

section for sources under normal

operation.

(e) Existing or new sources

experiencing a malfunction. A

malfunction is defined in § 63.2. In

general, it means any sudden,

infrequent, and not reasonably

preventable failure of air pollution

control equipment or process equipment

to function in a usual manner. If your

existing or new source experiences an

unscheduled shutdown as a result of a

malfunction, continues to operate

during a malfunction (including the

period reasonably necessary to correct

the malfunction), or starts up after a

shutdown resulting from a malfunction,

then you must meet the requirements

associated with one of two compliance

options. Routine or scheduled process

startups and shutdowns resulting from,

but not limited to, market demands,

maintenance activities, and switching

types of oilseed processed, are not

startups or shutdowns resulting from a

malfunction and, therefore, do not

qualify for this provision. Within 15

days of the beginning date of the

malfunction, you must choose to

comply with one of the options listed in

paragraphs (e)(1) through (e)(2) of this

section:

(1) Normal operation. Your source

must meet all of the requirements listed

in paragraph (a) of this section and one

of the options listed in paragraphs (e)(1)

(i) through (iii) of this section:

(i) Existing source normal operation

requirements in paragraph (b) of this

section.

(ii) New source normal operation

requirements in paragraph (c)(1) of this

section.

(iii) Normal operation requirements

for sources that have been significantly

modified in paragraph (d)(1) of this

section. Table 1 of this section follows:

TABLE 1 OF § 63.2850.—REQUIREMENTS FOR COMPLIANCE WITH HAP EMISSION STANDARDS

Are you required to . . . For periods of normal operation? For initial startup periods subject to

§ 63.28590(c)(2) or (d)(2)?

For malfunction periods subject to

§ 63.2850(e)(2)?

1. Operate and maintain your

source in accordance with

your SSM plan as described in

§ 63.2852?

No, your source is not subject to

the SSM plan, but rather the

HAP emission limits of this

standard.

Yes, throughout the entire initial

startup period.

Yes, throughout the entire malfunction period.

2. Determine and record the extraction solvent loss in gallons

from your source?

Yes, as described in § 63.2853. Yes, as described in § 63.2862(e) .. Yes, as described in § 63.2862(e).

34264 Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Proposed Rules

TABLE 1 OF § 63.2850.—REQUIREMENTS FOR COMPLIANCE WITH HAP EMISSION STANDARDS—Continued

Are you required to . . . For periods of normal operation? For initial startup periods subject to

§ 63.28590(c)(2) or (d)(2)?

For malfunction periods subject to

§ 63.2850(e)(2)?

3. Record the volume fraction of

HAP present at greater than 1

percent by volume and gallons

of extraction solvent in shipment received?

Yes ............................................. Yes .................................................. Yes.

4. Determine and record the

tons of each oilseed type

processed by your source?

Yes, as described in § 63.2855. No .................................................... No.

5. Determine the weighted average volume fraction of HAP in

extraction solvent received as

described in § 63.2854 by the

end of the following calendar

month?

Yes ............................................. No. Except for solvent received by

a new or reconstructed source

commencing operation under an

initial startup period, the HAP volume fraction in any solvent received during an initial startup

period is included in the weighted

average HAP determination for

the next operating month.

No, the HAP volume fraction in any

solvent received during a malfunction period is included in the

weighted average HAP determination for the next operating

month.

6. Determine and record the actual solvent loss, weighted average volume fraction HAP,

oilseed processed and compliance ratio for each 12 operating month period as described in § 63.2840 by the

end of the following calendar

month?

Yes ............................................. No, these requirements are not applicable because your source is

not required to determine the

compliance ratio with data recorded for an initial startup period.

No, these requirements are not applicable because your source is

not required to determine the

compliance ratio with data recorded for a malfunction period.

7. Submit a Notification of Compliance Status or Annual Compliance Certification as appropriate?Yes, as described in

§§ 63.2860(d) and 63.2861(a).

No. However, you may be required

to submit an annual compliance

certification for previous operating

months, if the deadline for the

annual compliance certification

happens to occur during the initial startup period.

No. However, you may be required

to submit an annual compliance

certification for previous operating

months, if the deadline for the annual compliance certification happens to occur during the malfunction period.

8. Submit a Deviation Notification Report by the end of the

calendar month following each

operating month in which the

compliance ratio exceeds 1.00

as described in § 63.2861(b)?

Yes ............................................. No, these requirements are not applicable because your source is

not required to determine the

compliance ratio with data recorded for an initial startup period.

No, these requirements are not applicable because your source is

not required to determine the

compliance ratio with data recorded for a malfunction period.

9. Submit a Periodic SSM Report as described in

§ 63.2861(c)?

No, a SSM activity is not categorized as normal operation.Yes .................................................. Yes.

10. Submit an Immediate SSM

Report as described in

§ 63.2861(d)?

No, a SSM activity is not categorized as normal operation.Yes, only if your source does not

follow the SSM plan.

Yes, only if your source does not

follow the SSM plan.

TABLE 2 OF § 63.2850.—SCHEDULES FOR DEMONSTRATING COMPLIANCE UNDER VARIOUS SOURCE OPERATING MODES

If your source is . . . and is operating

under . . .

then your recordkeeping

schedule . . .

You must determine your first compliance ratio by the end of the calendar

month following . . .

Base your first compliance ratio on

information recorded . . .

1. Existing .............. Normal operation, Begins on the

compliance date.

The first 12 operating months after the

compliance date.

During the first 12 operating months

after the compliance date.

2. New .................... Normal operation, Begins on the

startup date of

your new source.

The first 12 operating months after the

startup date of the new source.

During the first 12 operating months

after the startup date of the new

source.

3. An initial startup

period,.

Begins on the

startup date of

your new source.

The first 12 operating months after

termination of the initial startup period, which can last for up to 6

months.

During the first 12 operating months

after the initial startup period, which

can last for up to 6 months.

4. Existing or new

that has been

significantly modified.

Normal operation, Resumes on the

startup date of

the modified

source.

The first operating month after the

startup date of the modified source.

During the previous 11 operating

months prior to the significant modification and the first operating

month following the initial startup

date of the source.

Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Proposed Rules 34265

TABLE 2 OF § 63.2850.—SCHEDULES FOR DEMONSTRATING COMPLIANCE UNDER VARIOUS SOURCE OPERATING MODES—

Continued

If your source is. . . and is operating

under. . .

then your recordkeeping schedule .

. .

You must determine your first compliance ratio by the end of the calendar

month following. . .

Base your first compliance ratio on information recorded. . .

5. An initial startup

period.

Resumes on the

startup date of

the modified

source.

The first operating month after termination of the initial startup period,

which can last up to 3 months.

During the 11 operating months before the significant modification and

the first operating month after the

initial startup period.

(2) Malfunction period. Throughout

the malfunction period, you must meet

all of the requirements listed in

paragraph (a) of this section and Table

1 of this section for sources operating

during a malfunction period. At the end

of the malfunction period, your source

must then meet all of the requirements

listed in Table 1 of this section for

sources under normal operation.

§ 63.2851 What is a plan for demonstrating

compliance?

(a) You must develop and implement

a written plan for demonstrating

compliance that provides the detailed

procedures you will follow to monitor

and record data necessary for

demonstrating compliance with this

subpart. Procedures followed for

quantifying solvent loss from the source

and amount of oilseed processed vary

from source to source because of sitespecific factors such as equipment

design characteristics and operating

conditions. Typical procedures include

one or more accurate measurement

methods such as weigh scales,

volumetric displacement, and material

mass balances. Because the industry

does not have a uniform set of

procedures, you must develop and

implement your own site-specific plan

for demonstrating compliance before the

compliance date for your source. You

must also incorporate the plan for

demonstrating compliance by reference

in the source’s title V permit and keep

the plan on-site and readily available as

long as the source is operational. If you

make any changes to the plan for

demonstrating compliance, then you

must keep all previous versions of the

plan and make them readily available

for inspection for at least 5 years after

each revision. The plan for

demonstrating compliance must include

the items in paragraphs (a)(1) through

(a)(7) of this section:

(1) The name and address of the

owner or operator.

(2) The physical address of the

vegetable oil production process.

(3) Method of measurement. Provide a

detailed description of all methods of

measurement your source will use to

determine your solvent losses, HAP

content of solvent, and the tons of each

type of oilseed processed.

(4) Measurement Frequency. Specify

when each measurement will be made.

(5) Calculations. Provide examples of

each calculation you will use to

determine your compliance status.

Include examples of how you will

convert data measured with one

parameter to other terms for use in

compliance determination.

(6) Recordkeeping. Provide example

logs of how data will be recorded.

(7) Quality assurance/quality control

plan. Provide a plan to ensure that the

data continue to meet compliance

demonstration needs.

(b) The responsible agency of this

subpart may require you to revise your

plan for demonstrating compliance. The

responsible agency may require

reasonable revisions if the procedures

lack detail, are inconsistent or do not

accurately determine solvent loss, HAP

content of the solvent, or the tons of

oilseed processed.

§ 63.2852 What is a startup, shutdown, and

malfunction plan?

You must develop a written startup,

shutdown, and malfunction plan in

accordance with § 63.6(e)(3) of the

General Provisions and implement the

plan, when applicable. You must

complete the SSM plan before the

compliance date for your source. You

must also incorporate the SSM plan by

reference in your source’s title V permit

and keep the SSM plan on-site and

readily available as long as the source is

operational. The SSM plan provides

detailed procedures for operating and

maintaining your source to minimize

emissions during a qualifying SSM

event for which the source chooses the

§ 63.2850(e)(2) malfunction period, or

the § 63.2850(c)(2) or § 63.2850(d)(2)

initial startup period. The SSM plan

must specify a program of corrective

action for malfunctioning process and

air pollution control equipment and

reflect the best practices now in use by

the industry to minimize emissions.

Some or all of the procedures may come

from plans you developed for other

purposes such as a Standard Operating

Procedure manual or an Occupational

Safety and Health Administration

Process Safety Management plan. To

qualify as a SSM plan, other such plans

must meet all the applicable

requirements of this subpart.

§ 63.2853 How do I determine the actual

solvent loss?

By the end of each calendar month

following an operating month, you must

determine the total solvent loss in

gallons for the previous operating

month. The total solvent loss for an

operating month includes all solvent

losses that occur during normal

operating periods within the operating

month. If you have determined solvent

losses for 12 or more operating months,

then you must also determine the 12

operating months rolling sum of actual

solvent loss in gallons by summing the

monthly actual solvent loss for the

previous 12 operating months. The 12

operating months rolling sum of solvent

loss is the ‘‘actual solvent loss,’’ which

is used to calculate your compliance

ratio as described in § 63.2840.

(a) To determine the actual solvent

loss from your source, follow the

procedures in your plan for

demonstrating compliance to determine

the items in paragraphs (a)(1) through

(a)(5) of this section:

(1) The dates that define each

operating status period during a

calendar month. The dates that define

each operating status period include the

beginning date of each calendar month

and the date of any change in the source

operating status. If the source maintains

the same operating status during an

entire calendar month, these dates are

the beginning and ending dates of the

calendar month.

(2) Source operating status. You must

categorize the operating status of your

source for each recorded time interval in

accordance with criteria in Table 1 of

this section, as follows:

34266 Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Proposed Rules

TABLE 1 OF § 63.2853.—CATEGORIZING YOUR SOURCE OPERATING STATUS

If during a recorded time interval . . . then your source operating

status is . . .

i. your source processes any amount of listed oilseed and your source is not operating under an initial startup period or a malfunction period subject to § 63.2850(c)(2), § 63.2850(d)(2), or § 63.2850(e)(2).a normal operating period.

ii. your source processes no agricultural product and your source is not operating under an initial startup period or

malfunction period subject to § 63.2850(c)(2), § 63.2850(d)(2), or § 63.2850(e)(2).

a nonoperating period.

iii. you choose to operate your source under an initial startup period subject to § 63.2850(c)(2) or § 63.2850(d)(2) .. an initial startup period.

iv. you choose to operate your source under a malfunction period subject to § 63.2850(e)(2) ................................... a malfunction period.

v. your source processes agricultural products not defined as listed oilseed .............................................................. an exempt period.

(3) Measuring the beginning and

ending solvent inventory. You are

required to measure and record the

solvent inventory on the beginning and

ending dates of each normal operating

period that occurs during an operating

month. An operating month is any

calendar month with at least one normal

operating period. You must consistently

follow the procedures described in your

plan for demonstrating compliance, as

specified in § 63.2851, to determine the

extraction solvent inventory, and

maintain readily available records of the

actual solvent loss inventory, as

described in § 63.2862(c)(1). In general,

you must measure and record the

solvent inventory only when the source

is actively processing any type of

agricultural product. When the source is

not active, some or all of the solvent

working capacity is transferred to

solvent storage tanks which can

artificially inflate the solvent inventory.

(4) Gallons of extraction solvent

received. Record the total gallons of

extraction solvent received in each

shipment. For most processes, the

gallons of solvent received represents

purchases of delivered solvent added to

the solvent storage inventory. However,

if your process refines additional

vegetable oil from off-site sources,

recovers solvent from the off-site oil,

and adds it to the on-site solvent

inventory, then you must determine the

quantity of recovered solvent and

include it in the gallons of extraction

solvent received.

(5) Solvent inventory adjustments. In

some situations, solvent losses

determined directly from the measured

solvent inventory and quantity of

solvent received is not an accurate

estimate of the ‘‘actual solvent loss’’ for

use in determining compliance ratios. In

such cases, you may adjust the total

solvent loss for each normal operating

period as long as you provide a

reasonable justification for the

adjustment. Situations that may require

adjustments of the total solvent loss

include, but are not limited to,

situations in paragraphs (a) (5)(i) and

(5)(ii) of this section:

(i) Solvent destroyed in a control

device. You may use a control device to

reduce solvent emissions to meet the

emission standard. The use of a control

device does not alter the emission limit

for the source. If you use a control

device that reduces solvent emissions

through destruction of the solvent

instead of recovery, then determine the

gallons of solvent entering the control

device and destroyed there during each

normal operating period. All solvent

destroyed in a control device during a

normal operating period can be

subtracted from the total solvent loss.

Examples of destructive emission

control devices include catalytic

incinerators, boilers, or flares. Identify

and describe in your plan for

demonstrating compliance each type of

reasonable and sound measurement

method that you use to quantify the

gallons of solvent entering and exiting

the control device and to determine the

destruction efficiency of the control

device. You may use design evaluations

to document the gallons of solvent

destroyed or removed by the control

device instead of performance testing

under § 63.7 of the General Provisions.

The design evaluations must be based

on the procedures and options

described in §§ 63.985(b)(1)(i) (A)

through (C) or § 63.11, as appropriate.

All data, assumptions, and procedures

used in such evaluations must be

documented and must be available for

inspection. If you use performance

testing to determine solvent flow rate to

the control device or destruction

efficiency of the device, follow the

procedures as outlined in § 63.997(e)(1)

and (2). Instead of periodic performance

testing to demonstrate continued good

operation of the control device, you may

develop a monitoring plan, following

the procedures outlined in § 63.988(c)

and using operational parametric

measurement devices such as fan

parameters, percent measurements of

lower explosive limits (LELs), and

combustion temperature.

(ii) Changes in solvent working

capacity. In records you keep on-site,

document any process modifications

resulting in changes to the solvent

working capacity in your vegetable oil

production process. Solvent working

capacity is defined in § 63.2872. In

general, solvent working capacity is the

volume of solvent normally retained in

solvent recovery equipment such as the

extractor, desolventizer-toaster, solvent

storage, working tanks, mineral oil

absorber, condensers, and oil/solvent

distillation system. If the change occurs

during a normal operating period, you

must determine the difference in

working solvent volume and make a

one-time documented adjustment to the

solvent inventory.

(b) Use Equation 1 of this section to

determine the actual solvent loss

occurring from your affected source for

all normal operating periods recorded

within a calendar month. Equation 1 of

this section follows:

Monthly Actual

Solvent Loss

(gal)

SOLV 1) = −+± ( ) B

=

∑ SOLV SOLV SOLV Eq ERA i

i

n

( .

1

Where:

SOLVB = Gallons of solvent in the

inventory at the beginning of

normal operating period ‘‘i’’ as

determined in paragraph (a)(3) of

this section.

SOLVE = Gallons of solvent in the

inventory at the end of normal

operating period ‘‘i’’ as determined

in paragraph (a)(3) of this section.

Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Proposed Rules 34267

SOLVR = Gallons of solvent received

between the beginning and ending

inventory dates of normal operating

period ‘‘i’’ as determined in

paragraph (a)(4) of this section.

SOLVA = Gallons of solvent added or

removed from the extraction solvent

inventory during normal operating

period ‘‘i’’ as determined in

paragraph (a)(5) of this section.

n = Number of normal operating periods

in a calendar month.

(c) The actual solvent loss is the total

solvent losses during normal operating

periods for the previous 12 operating

months. You determine your actual

solvent loss by summing the monthly

actual solvent losses for the previous 12

operating months. You must record the

actual solvent loss by the end of each

calendar month following an operating

month. Use the actual solvent loss in

Equation 2 in § 63.2840 to determine the

compliance ratio. Actual solvent loss

does not include losses that occur

during operating status periods listed in

paragraphs (c)(1) through (4) of this

section. If any one of these four

operating status periods span an entire

month, then the month is treated as

nonoperating and there is no

compliance ratio determination.

(1) Nonoperating periods as described

in paragraph (a)(2)(ii) of this section.

(2) Initial startup periods as described

in § 63.2850(c)(2) or § 63.2850(d)(2).

(3) Malfunction periods as described

in § 63.2850(e)(2).

(4) Exempt operation periods as

described in paragraph (a)(2)(v) of this

section.

§ 63.2854 How do I determine the weighted

average volume fraction of HAP in the

actual solvent loss?

(a) This section describes the

information and procedures you must

use to determine the weighted average

volume fraction of HAP in extraction

solvent received for use in your

vegetable oil production process. By the

end of each calendar month following

an operating month, determine the

weighted average volume fraction of

HAP in extraction solvent received

since the end of the previous operating

month. If you have determined the

monthly weighted average volume

fraction of HAP in solvent received for

12 or more operating months, then also

determine an overall weighted average

volume fraction of HAP in solvent

received for the previous 12 operating

months. Use the volume fraction of HAP

determined as a 12 operating months

weighted average in Equation 2 in

§ 63.2840 to determine the compliance

ratio.

(b) To determine the volume fraction

of HAP in the extraction solvent

determined as a 12 operating months

weighted average, you must comply

with paragraphs (b)(1) through (3) of

this section:

(1) Record the volume fraction of each

HAP comprising more than 1 percent by

volume of the solvent in each delivery

of solvent, including solvent recovered

from off-site oil. To determine the HAP

content of the materials used in your

operations, the reference method is EPA

Method 311 of appendix A of this part.

You may use EPA Method 311, an

approved alternative method, or any

other reasonable means for determining

the HAP content. Other reasonable

means of determining HAP content

include, but are not limited to, a

material safety data sheet (MSDS) or a

manufacturer’s hazardous air pollutant

data sheet. You are not required to test

the materials that you use, but the

Administrator may require a test using

EPA Method 311 (or an approved

alternative method) to confirm the

reported HAP content. However, if the

results of an analysis by EPA Method

311 are different from the HAP content

determined by another means, the EPA

Method 311 results will govern

compliance determinations.

(2) Determine the weighted average

volume fraction of HAP in the

extraction solvent each operating

month. The weighted average volume

fraction of HAP for an operating month

includes all solvent received since the

end of the last operating month,

regardless of the operating status at the

time of the delivery. Determine the

monthly weighted average volume

fraction of HAP by summing the

products of the HAP volume fraction of

each delivery and the volume of each

delivery and dividing the sum by the

total volume of all deliveries as

expressed in Equation 1 of this section.

Record the result by the end of each

calendar month following an operating

month. Equation 1 of this section

follows:

Monthly Weighted

Average HAP Content

of Extraction Solvent

(volume fraction)

Received Content

ived (Eq. 1)

i

=

( ) ∗

=

∑ i

i

n

Total Rece

1

Where:

Receivedi = Gallons of extraction

solvent received in delivery ‘‘i.’’

Contenti = The volume fraction of HAP

in extraction solvent delivery ‘‘i.’’

Total Received = Total gallons of

extraction solvent received since

the end of the previous operating

month.

n = Number of extraction solvent

deliveries since the end of the

previous operating month.

(3) Determine the volume fraction of

HAP in your extraction solvent as a 12

operating months weighted average.

When your source has processed oilseed

for 12 operating months, sum the

products of the monthly weighted

average HAP volume fraction and

corresponding volume of solvent

received, and divide the sum by the

total volume of solvent received for the

12 operating months, as expressed by

Equation 2 of this section. Record the

result by the end of each calendar

month following an operating month

and use it in Equation 2 in § 63.2840 to

determine the compliance ratio.

Equation 2 of this section follows:

12-Month Weighted

Average of HAP Content

in Solvent Received

(volume fraction)

Received Content

ived (Eq. 2)

i

=

( ) ∗

=

∑ i

i

Total Rece

1

12

34268 Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Proposed Rules

Where:

Receivedi = Gallons of extraction

solvent received in operating month

‘‘i’’ as determined in accordance

with § 63.2853(a)(4).

Contenti = Average volume fraction of

HAP in extraction solvent received

in operating month ‘‘i’’ as

determined in accordance with

paragraph (b)(1) of this section.

Total Received = Total gallons of

extraction solvent received during

the previous 12 operating months.

§ 63.2855 How do I determine the quantity

of oilseed processed?

By the end of each calendar month

following an operating month, you must

determine the tons of each listed oilseed

processed for the operating month. The

total oilseed processed for an operating

month includes the total of each oilseed

processed during all normal operating

periods that occur within the operating

month. If you have determined the tons

of oilseed processed for 12 or more

operating months, then you must also

determine the 12 operating months

rolling sum of each type oilseed

processed by summing the tons of each

type of oilseed processed for the

previous 12 operating months. The 12

operating months rolling sum of each

type of oilseed processed is used to

calculate the compliance ratio as

described in § 63.2840.

(a) To determine the tons of each type

of oilseed processed at your source,

follow the procedures in your plan for

demonstrating compliance to determine

the items in paragraphs (a)(1) through

(5) of this section:

(1) The dates that define each

operating status period. The dates that

define each operating status period

include the beginning date of each

calendar month and the date of any

change in the source operating status.

The dates on each oilseed inventory log

must be consistent with the dates

recorded for the solvent inventory.

(2) Source operating status. You must

categorize the source operation for each

recorded time interval. The source

operating status for each time interval

recorded on the oilseed inventory for

each type of oilseed must be consistent

with the operating status recorded on

the solvent inventory logs as described

in § 63.2853(a)(2).

(3) Measuring the beginning and

ending inventory for each oilseed. You

are required to measure and record the

oilseed inventory on the beginning and

ending dates of each normal operating

period that occurs during an operating

month. An operating month is any

calendar month with at least one normal

operating period. You must consistently

follow the procedures described in your

plan for demonstrating compliance, as

specified in § 63.2851, to determine the

oilseed inventory, and maintain readily

available records of the oilseed

inventory as described by

§ 63.2862(c)(3).

(4) Tons of each oilseed received.

Record the type of oilseed and tons of

each shipment of oilseed received and

added to your onsite storage.

(5) Oilseed inventory adjustments. In

some situations, determining the

quantity of oilseed processed directly

from the measured oilseed inventory

and quantity of oilseed received is not

an accurate estimate of the tons of

oilseed processed for use in determining

compliance ratios. For example, spoiled

and molded oilseed removed from

storage but not processed by your source

will result in an overestimate of the

quantity of oilseed processed. In such

cases, you must adjust the oilseed

inventory and provide a justification for

the adjustment. Situations that may

require oilseed inventory adjustments

include, but are not limited to, the

situations listed in paragraphs (a)(5)(i)

through (v) if this section:

(i) Oilseed that mold or otherwise

become unsuitable for processing.

(ii) Oilseed you sell before it enters

the processing operation.

(iii) Oilseed destroyed by an event

such as a process malfunction, fire, or

natural disaster.

(iv) Oilseed processed through

operations prior to solvent extraction

such as screening, dehulling, cracking,

drying, and conditioning; but that are

not routed to the solvent extractor for

further processing.

(v) Periodic physical measurements of

inventory. For example, some sources

periodically empty oilseed storage silos

to physically measure the current

oilseed inventory. This periodic

measurement procedure typically

results in a small inventory correction.

The correction factor, usually less than

1 percent, may be used to make an

adjustment to the source’s oilseed

inventory that was estimated previously

with indirect measurement techniques.

To make this adjustment, your plan for

demonstrating compliance must provide

for such an adjustment.

(b) Use Equation 1 of this section to

determine the quantity of each oilseed

type processed at your affected source

during normal operating periods

recorded within a calendar month.

Equation 1 of this section follows:

Monthly Quantity

of Each Oilseed

Processed tons

SEED 1) B

( )

= −+± ( ) =

∑ SEED SEED SEED Eq ERA

n

n

( .

1

Where:

SEEDB = Tons of oilseed in the

inventory at the beginning of

normal operating period ‘‘i’’ as

determined in accordance with

paragraph (a)(3) of this section.

SEEDE = Tons of oilseed in the

inventory at the end of normal

operating period ‘‘i’’ as determined

in accordance with paragraph (a)(3)

of this section.

SEEDR = Tons of oilseed received

during normal operating period ‘‘i’’

as determined in accordance with

paragraph (a)(4) of this section.

SEEDA = Tons of oilseed added or

removed from the oilseed inventory

during normal operating period ‘‘i’’

as determined in accordance with

paragraph (a)(5) of this section.

n = Number of normal operating periods

in the calendar month during which

this type oilseed was processed.

(c) The quantity of each oilseed

processed is the total tons of each type

of listed oilseed processed during

normal operating periods in the

previous 12 operating months. You

determine the tons of each oilseed

processed by summing the monthly

quantity of each oilseed processed for

each oilseed for the previous 12

operating months. You must record the

12 operating months quantity of each

type of oilseed processed by the end of

each calendar month following an

operating month. Use the 12 operating

months quantity of each type of oilseed

processed to determine the compliance

ratio as described in § 63.2840. The

quantity of oilseed processed does not

include oilseed processed during the

operating status periods in paragraphs

(c)(1) through (4) of this section. If any

one of these four operating status

periods span an entire calendar month,

then the calendar month is treated as a

nonoperating month and there is no

compliance ratio determination.

(1) Nonoperating periods as described

in § 63.2853 (a)(2)(ii).

Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Proposed Rules 34269

(2) Initial startup periods as described

in § 63.2850(c)(2) or (d)(2).

(3) Malfunction periods as described

in § 63.2850(e)(2).

(4) Exempt operation periods as

described in § 63.2853(a)(2)(v).

Notifications, Reports, and Records

§ 63.2860 What notifications must I submit

and when?

You must submit the one-time

notifications listed in paragraphs (a)

through (d) of this section to the

responsible agency:

(a) Initial notification for existing

sources. For an existing source, submit

an initial notification to the responsible

agency of this subpart no later than 120

days after the effective date of this

subpart. In the notification, include the

items in paragraphs (a)(1) through (5) of

this section:

(1) The name and address of the

owner or operator.

(2) The physical address of the

vegetable oil production process.

(3) Identification of the relevant

standard, such as the vegetable oil

production NESHAP in this subpart,

and compliance date.

(4) A brief description of the source

including the types of listed oilseeds

processed, nominal operating capacity,

and type of desolventizer(s) used.

(5) A statement designating the source

as a major source of HAP or a

demonstration that the source meets the

definition of an area source. An area

source is a source that is not a major

source and is not collocated within a

plant site with other sources that are

individually or collectively a major

source.

(b) Initial notifications for new and

reconstructed sources. New or

reconstructed sources must submit a

series of notifications before, during,

and after source construction per the

schedule listed in § 63.9 of the General

Provisions. The information

requirements for the notifications are

the same as those listed in the General

Provisions with the exceptions listed in

paragraphs (b)(1) and (b)(2) of this

section:

(1) The application for approval of

construction does not require the

specific HAP emission data required in

§§ 63.5(d)(1)(ii)(H), 63.5(d)(1)(iii),

63.5(d)(2) and 63.5(d)(3)(ii). The

application for approval of construction

would include, instead, a brief

description of the source including the

types of listed oilseeds processed,

nominal operating capacity, and type of

desolventizer(s) used.

(2) The notification of actual startup

date must also include whether you

have elected to operate under an initial

startup period subject to § 63.2850(c)(2)

and provide an estimate and

justification for the anticipated duration

of the initial startup period.

(c) Significant modification

notifications. Any existing or new

source that plans to undergo a

significant modification as defined in

§ 63.2872 must submit two reports as

described in paragraphs (c)(1) and (c)(2)

of this section:

(1) Initial notification. You must

submit an initial notification to the

responsible agency of this subpart 30

days prior to initial startup of the

significantly modified source. The

initial notification must demonstrate

that the proposed changes qualify as a

significant modification. The initial

notification must include the items in

paragraphs (c)(1)(i) and (c)(1)(ii) of this

section:

(i) The expected startup date of the

modified source.

(ii) A description of the significant

modification including a list of the

equipment that will be replaced or

modified. If the significant modification

involves changes other than adding or

replacing extractors, desolventizertoasters (conventional and specialty),

and meal dryer-coolers, then you must

also include: the fixed capital cost of the

new components expressed as a

percentage of the fixed capital cost to

build a comparable new vegetable oil

production process, supporting

documentation for the cost estimate,

and documentation that the proposed

changes will significantly affect solvent

losses.

(2) Notification of actual startup. You

must submit a notification of actual

startup date within 15 days after initial

startup of the modified source. The

notification must include the items in

paragraphs (c)(2)(i) through (iv) of this

section:

(i) The initial startup date of the

modified source.

(ii) An indication whether you have

elected to operate under an initial

startup period subject to § 63.2850(d)(2).

(iii) The anticipated duration of any

initial startup period.

(iv) A justification for the anticipated

duration of any initial startup period.

(d) Notification of compliance status.

As an existing, new, or reconstructed

source, you must submit a notification

of compliance status report to the

responsible agency no later than 60 days

after determining your initial 12

operating months compliance ratio. If

you are an existing source, you

generally must submit this notification

no later than [50 calendar months after

promulgation of these NESHAP] (36

calendar months for compliance, 12

operating months to record data, and 2

calendar months to complete the

report). If you are a new or

reconstructed source, the notification of

compliance status is generally due no

later than 20 calendar months after

initial startup (6 calendar months for the

initial startup period, 12 operating

months to record data, and 2 calendar

months to complete the report). The

notification of compliance status must

contain the items in paragraphs (d)(1)

through (6) of this section:

(1) The name and address of the

owner or operator.

(2) The physical address of the

vegetable oil production process.

(3) Each listed oilseed type processed

during the previous 12 operating

months.

(4) Each HAP identified under

§ 63.2854(a) as being present in

concentrations greater than 1 percent by

volume in each delivery of solvent

received during the 12 operating months

period used for the initial compliance

determination.

(5) A statement designating the source

as a major source of HAP or a

demonstration that the source qualifies

as an area source. An area source is a

source that is not a major source and is

not collocated within a plant site with

other sources that are individually or

collectively a major source.

(6) A compliance certification

indicating whether the source complied

with all of the requirements of this

subpart throughout the 12 operating

months used for the initial source

compliance determination. This

certification must include a certification

of the items in paragraphs (d)(6)(i)

through (iii) of this section:

(i) The plan for demonstrating

compliance (as described in § 63.2851)

and SSM plan (as described in

§ 63.2852) are complete and available on

site for inspection.

(ii) You are following the procedures

described in the plan for demonstrating

compliance.

(iii) The compliance ratio is less than

or equal to 1.00.

§ 63.2861 What reports must I submit and

when?

After the initial notifications, you

must submit the reports in paragraphs

(a) through (d) of this section to the

responsible agency of this subject at the

appropriate time intervals:

(a) Annual Compliance Certifications.

The first annual compliance

certification is due 12 calendar months

after you submit the Notification of

Compliance Status. Each subsequent

annual compliance certification is due

34270 Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Proposed Rules

12 calendar months after the previous

annual compliance certification. The

annual compliance certification

provides the compliance status for each

operating month during the 12 calendar

months period ending 60 days prior to

the date on which the report is due.

Include the information in paragraphs

(a)(1) through (a)(6) of this section in the

annual certification:

(1) The name and address of the

owner or operator.

(2) The physical address of the

vegetable oil production process.

(3) Each listed oilseed type processed

during the 12 calendar months period

covered by the report.

(4) Each HAP identified under

§ 63.2854(a) as being present in

concentrations greater than 1 percent by

volume in each delivery of solvent

received during the 12 calendar months

period covered by the report.

(5) A statement designating the source

as a major source of HAP or a

demonstration the source qualifies as an

area source. An area source is a source

that is not a major source and is not

collocated within a plant site with other

sources that are individually or

collectively a major source.

(6) A compliance certification to

indicate whether the source was in

compliance for each compliance

determination made during the 12

calendar months period covered by the

report. For each such compliance

determination, you must include a

certification of the items in paragraphs

(a)(6)(i) through (iii) of this section:

(i) You are following the procedures

described in the plan for demonstrating

compliance.

(ii) The compliance ratio is less than

or equal to 1.00.

(b) Deviation notification report.

Submit a deviation report for each

compliance determination you make in

which the compliance ratio exceeds

1.00 as determined under § 60.2840(c).

Submit the deviation report by the end

of the month following the calendar

month in which you determined the

deviation. The deviation notification

report must include the items in

paragraphs (b)(1) through (b)(4) of this

section:

(1) The name and address of the

owner or operator.

(2) The physical address of the

vegetable oil production process.

(3) Each oilseed type processed

during the 12 operating months period

for which you determined the deviation.

(4) The compliance ratio comprising

the deviation. You may reduce the

frequency of submittal of the Deviation

Notification Report if the responsible

agency of this subject does not object as

provided in § 63.10(e)(3)(iii) of the

General Provisions.

(c) Periodic startup, shutdown, and

malfunction report. If you choose to

operate your source under an initial

startup period subject to § 63.2850(c)(2)

or § 63.2850(d)(2) or a malfunction

period subject to § 63.2850(e)(2), you

must submit a periodic SSM report by

the end of the calendar month following

each month in which the initial startup

period or malfunction period occurred.

The periodic SSM report must include

the items in paragraphs (c)(1) through

(c)(3) of this section:

(1) The name, title, and signature of

a source’s responsible official who is

certifying that the report accurately

states that all actions taken during the

initial startup or malfunction period

were consistent with the SSM plan.

(2) A description of events occurring

during the time period, the date and

duration of the events, and reason the

time interval qualifies as an initial

startup period or malfunction period.

(3) An estimate of the solvent loss

during the initial startup or malfunction

period with supporting documentation.

(d) Immediate SSM Reports. If you

handle a SSM during an initial startup

period subject to § 63.2850(c)(2) or

§ 63.2850(d)(2) or a malfunction period

subject to § 63.2850(e)(2) differently

from procedures in the SSM plan, then

you must submit an immediate SSM

report. Immediate SSM reports consist

of a telephone call or facsimile

transmission to the responsible agency

within 2 working days after starting

actions inconsistent with the SSM plan,

followed by a letter within 7 working

days after the end of the event. The

letter must include the items in

paragraphs (d)(1) through (d)(3) of this

section:

(1) The name, title, and signature of

a source’s responsible official who is

certifying the accuracy of the report, an

explanation of the event, and the

reasons for not following the SSM plan.

(2) A description and date of the SSM

event, its duration, and reason it

qualifies as a SSM.

(3) An estimate of the solvent loss for

the duration of the SSM event with

supporting documentation.

§ 63.2862 What records must I keep?

(a) You must satisfy the recordkeeping

requirements of this section by the

compliance date for your source

specified in Table 1 in § 63.2834.

(b) Prepare a plan for demonstrating

compliance (as described in § 63.2851)

and a SSM plan (as described in

§ 63.2852). In these two plans, describe

the procedures you will follow in

obtaining and recording data, and

determining compliance under normal

operations or a SSM subject to

§ 63.2850(c)(2) or § 63.2850(d)(2) initial

startup period or the § 63.2850(e)(2)

malfunction period. Complete both

plans before the compliance date for

your source and keep them on-site and

readily available as long as the source is

operational.

(c) If your source processes any listed

oilseed, record the items in paragraphs

(c)(1) through (c)(5) of this section:

(1) For the solvent inventory, record

the information in paragraphs (c)(1)(i)

through (vii) of this section in

accordance with your plan for

demonstrating compliance:

(i) Dates that define each operating

status period during a calendar month.

(ii) The operating status of your

source such as normal operation,

nonoperating, initial startup period,

malfunction period, or exempt

operation for each recorded time

interval.

(iii) Record the gallons of extraction

solvent in the inventory on the

beginning and ending dates of each

normal operating period.

(iv) The gallons of all extraction

solvent received, purchased, and

recovered during each calendar month.

(v) All extraction solvent inventory

adjustments, additions or subtractions.

You must document the reason for the

adjustment and justify the quantity of

the adjustment.

(vi) The total solvent loss for each

calendar month, regardless of the source

operating status.

(vii) The actual solvent loss in gallons

for each operating month.

(2) For the weighted average volume

fraction of HAP in the extraction

solvent, you must record the items in

paragraphs (c)(2)(i) through (iii) of this

section:

(i) The gallons of extraction solvent

received in each delivery.

(ii) The volume fraction of each HAP

exceeding 1 percent by volume in each

delivery of extraction solvent.

(iii) The weighted average volume

fraction of HAP in extraction solvent

received since the end of the last

operating month as determined in

accordance with § 63.2854(b)(2).

(3) For each type of oilseed processed,

record the items in paragraphs (c)(3)(i)

through (vi) of this section, in

accordance with your plan for

demonstrating compliance:

(i) The dates that define each

operating status period. These dates

must be the same as the dates entered

for the extraction solvent inventory.

(ii) The operating status of your

source such as normal operation,

nonoperating, initial startup period,

Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Proposed Rules 34271

malfunction period, or exempt

operation for each recorded time

interval. On the log for each type of

oilseed that is not being processed

during a normal operating period, you

must record which type of oilseed is

being processed in addition to the

source operating status.

(iii) The oilseed inventory for the type

of oilseed being processed on the

beginning and ending dates of each

normal operating period.

(iv) The tons of each type of oilseed

received at the affected source each

normal operating period.

(v) All oilseed inventory adjustments,

additions or subtractions for normal

operating periods. You must document

the reason for the adjustment and justify

the quantity of the adjustment.

(vi) The tons of each type of oilseed

processed during each operating month.

(d) After your source has processed

oilseed for 12 operating months, and

you are not operating during an initial

startup period as described in

§ 63.2850(c)(2) or § 63.2850(d)(2), or a

malfunction period as described in

§ 63.2850(e)(2), record the items in

paragraphs (d)(1) through (5) of this

section by the end of the calendar

month following each operating month:

(1) The 12 operating month rolling

sum of the actual solvent loss in gallons

as described in § 63.2853(c).

(2) The weighted average volume

fraction of HAP in extraction solvent

received for the previous 12 operating

months as described in § 63.2854(b)(3).

(3) The 12 operating months rolling

sum of each type of oilseed processed at

the affected source in tons as described

in § 63.2855(c).

(4) A determination of the compliance

ratio. Using the values from §§ 63.2853,

63.2854, 63.2855, and Table 1 in

§ 63.2840, calculate the compliance

ratio using Equation 2 in § 63.2840.

(5) A statement of whether the source

is in compliance with all of the

requirements of this subpart. This

includes a determination of whether

you have met all of the applicable

requirements in § 63.2850.

(e) For each SSM event subject to an

initial startup period as described in

§ 63.2850(c)(2) or § 63.2850(d)(2), or a

malfunction period as described in

§ 63.2850(e)(2), record the items in

paragraphs (e)(1) through (3) of this

section by the end of the calendar

month following each month in which

the initial startup period or malfunction

period occurred:

(1) A description and date of the SSM

event, its duration, and reason it

qualifies as an initial startup or

malfunction.

(2) An estimate of the solvent loss in

gallons for the duration of the initial

startup or malfunction period with

supporting documentation.

(3) A checklist or other mechanism to

indicate whether the SSM plan was

followed during the initial startup or

malfunction period.

§ 63.2863 In what form and how long must

I keep my records?

(a) Your records must be in a form

suitable and readily available for review

in accordance with § 63.10(b)(1) of the

General Provisions.

(b) As specified in § 63.10(b)(1) of the

General Provisions, you must keep each

record for 5 years following the date of

each occurrence, measurement,

maintenance, corrective action, report,

or record.

(c) You must keep each record on site

for at least 2 years after the date of each

occurrence, measurement, maintenance,

corrective action, report, or record, in

accordance with § 63.10(b)(1) of the

General Provisions. You can keep the

records offsite for the remaining 3 years.

Other Requirements and Information

§ 63.2870 What parts of the General

Provisions apply to me?

Table 1 of this section shows which

parts of the General Provisions in

§§ 63.1 through 63.13 apply to you.

Table 1 of § 63.2870 follows:

TABLE 1 OF § 63.2870.—APPLICABILITY OF 40 CFR PART 63, SUBPART A, TO 40 CFR PART 63, SUBPART GGGG

General provisions

citation Subject of citation Brief description of requirement Applies tosubpart Explanation

1. § 63.1 .............. Applicability ......................... Initial Applicability Determination; Applicability After Standard Established; Permit Requirements; Extensions, Notifications.Yes.

2. § 63.2 .............. Definitions ............................ Definitions for Part 63 standards ....... Yes .......... Except as specifically provided in this

subpart.

3. § 63.3 .............. Units and Abbreviations ...... Units and abbreviations for Part 63

standards.

Yes.

4. § 63.4 .............. Prohibited Activities and Circumvention.Prohibited Activities; Compliance

date; Circumvention, Severability.

Yes.

5. § 63.5 .............. Construction/Reconstruction Applicability; Applications; Approvals Yes .......... Except for paragraphs of § 63.5 as

listed in this table.

6. § 63.5(c) .......... [Reserved].

7. § 63.5(d) (1)(ii)

(H).

Application for Approval ...... Type and quantity of HAP, operating

parameters.

No ............ All sources emit HAP. Subpart

GGGG does not require control

from specific emission points.

8. § 63.5(d)(1)(i) .. [Reserved].

34272 Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Proposed Rules

TABLE 1 OF § 63.2870.—APPLICABILITY OF 40 CFR PART 63, SUBPART A, TO 40 CFR PART 63, SUBPART GGGG—

Continued

General provisions

citation Subject of citation Brief description of requirement Applies tosubpart Explanation

9. § 63.5(d)(1)(iii),

(d)(2), (d)(3)(ii).

.............................................. Application for approval ...................... No ............ The requirements of the application

for approval for new, reconstructed

and significantly modified sources

are described in § 63.2860 (b) and

(c) of subpart GGGG. General provision requirements for identification of HAP emission points or estimates of actual emissions are not

required. Descriptions of control

and methods, and the estimated

and actual control efficiency of

such do not apply. Requirements

for describing control equipment

and the estimated and actual control efficiency of such equipment

apply only to control equipment to

which the subpart GGGG requirements for quantifying solvent destroyed by an add-on control device would be applicable.

10. § 63.6 .............. Applicability of GP ............... Applicability of GP .............................. Yes .......... Except for paragraphs of § 63.6 as

listed in this table.

11. § 63.6(b) (1)–

(3).

Compliance dates, new and

reconstructed sources.

............................................................. No ............ Section 63.2834 of Subpart GGGG

specifies the compliance dates for

new and reconstructed sources.

12. § 63.6(b)(6) ..... [Reserved].

13. § 63.6(c)(3)–

(c)(4).

[Reserved].

14. § 63.6(d) .......... [Reserved].

15. § 63.6(e) .......... Operation and maintenance

requirements.

............................................................. Yes .......... Implement your SSM plan, as specified in § 63.2851 of subpart GGGG.

16. § 63.6 (f)–(g) ... Compliance with Nonopacity

Emission Standards Except During SSM.

Comply with emission standards at all

times except during SSM.

No ............ Subpart GGGG does not have nonopacity requirements.

17. § 63.6(h) .......... Opacity/Visible Emission

(VE) Standards.

............................................................. No ............ Subpart GGGG has no opacity or visual emission standards.

18. § 63.6(i) ........... Compliance Extension ........ Procedures and criteria for responsible agency to grant compliance

extension.

Yes.

19. § 63.6(j) ........... Presidential Compliance Exemption.President may exempt source category from requirement to comply

with subpart.

Yes.

20. § 63.7 .............. Performance Testing Requirements.Schedule, conditions, notifications

and procedures.

Yes .......... Subpart GGGG requires performance

testing only if the source applies

additional control that destroys solvent. Section 63.2850(a)(6) requires sources to follow the performance testing guidelines of the

General Provisions if a control is

added.

21. § 63.8 .............. Monitoring Requirements .... ............................................................. No ............ Subpart GGGG does not require

monitoring other than as specified

therein.

22. § 63.9 .............. Notification Requirements ... Applicability and state delegation ....... Yes .......... Except for paragraphs of § 63.9 as

listed in this table.

23. § 63.9(b)(2) ..... Notification Requirements ... Initial notification requirements for existing sources.No ............ Section 63.2860(a) of subpart GGGG

specifies the requirements of the

initial notification for existing

sources.

24. § 63.9(b) (3)–

(5).

Notification Requirements ... Notification requirement for certain

new/reconstructed sources.

Yes .......... Except the information requirements

differ as described in § 63.2860(b)

of subpart GGGG.

25. § 63.9(e) .......... Notification of Performance

Test.

Notify responsible agency 60 days

ahead.

Yes .......... Applies only if performance testing is

performed.

26. § 63.9(f) ........... Notification of VE/Opacity

Observations.

Notify responsible agency 30 days

ahead.

No ............ Subpart GGGG has no opacity or visual emission standards.

Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Proposed Rules 34273

TABLE 1 OF § 63.2870.—APPLICABILITY OF 40 CFR PART 63, SUBPART A, TO 40 CFR PART 63, SUBPART GGGG—

Continued

General provisions

citation Subject of citation Brief description of requirement Applies tosubpart Explanation

27. § 63.9(g) .......... Additional Notifications

When Using a Continuous

Monitoring System (CMS).

Notification of performance evaluation; Notification using COMS data;

Notification that exceeded criterion

for relative accuracy.

No ............ Subpart GGGG has no CMS requirements.

28. § 63.9(h) .......... Notification of Compliance

Status.

Contents ............................................. No ............ Section 63.2860(d) of subpart GGGG

specifies requirements for the notification of compliance status.

29. § 63.10 ............ Recordkeeping/Reporting .... Schedule for Reporting, record storage.Yes .......... Except for paragraphs of § 63.10 as

listed in this table.

30. § 63.10(b)(2)(i) Recordkeeping .................... Record SSM event ............................. Yes .......... Applicable to periods when sources

must implement their SSM plan as

specified in subpart GGGG.

31. § 63.10(b)(2)

(ii)–(iii).

Recordkeeping .................... Malfunction of air pollution equipment No ............ Applies only if air pollution control

equipment has been added to the

process and is necessary for the

source to meet the emission limit.

32. § 63.10(b)(2)(vi) Recordkeeping .................... CMS recordkeeping ............................ No ............ Subpart GGGG has no CMS requirements.

33. § 63.10(b)(2)

(viii)–(ix).

Recordkeeping .................... Conditions of performance test .......... Yes .......... Applies only if performance tests are

performed. Subpart GGGG does

not have any CMS opacity or visible emissions observation requirements.

34. § 63.10(b)(2)

(x)–(xii).

Recordkeeping .................... CMS, performance testing, and opacity and visible emissions observations recordkeeping.No ............ Subpart GGGG does not require

CMS.

35. § 63.10(c) ........ Recordkeeping .................... Additional CMS recordkeeping ........... No ............ Subpart GGGG does not require

CMS.

36. § 63.10(d)(2) ... Reporting ............................. Reporting performance test results .... Yes .......... Applies only if performance testing is

performed.

37. § 63.10(d)(3) ... Reporting ............................. Reporting opacity or VE observations No ............ Subpart GGGG has no opacity or

visible emission standards.

38. § 63.10(d)(4) ... Reporting ............................. Progress reports ................................. Yes .......... Applies if a condition of compliance

extension.

39. § 63.10(d)(5) ... Reporting ............................. SSM reporting .................................... No ............ Section 63.2861 (c) and (d) of subpart GGGG specifies SSM reporting requirements.

40. § 63.10(e) ........ Reporting ............................. Additional CMS reports ...................... No ............ Subpart GGGG does not require

CMS.

41. § 63.11 ............ Control Device Requirements.Requirements for flares ...................... Yes .......... Applies only if your source uses a

flare to control solvent emissions.

Subpart GGGG does not require

flares.

42. § 63.12 ............ State Authority and Delegations.State authority to enforce standards .. Yes.

43. § 63.13 ............ State/Regional Addresses ... Addresses where reports, notifications, and requests are sent.Yes.

44. § 63.14 ............ Incorporation by Reference Test methods incorporated by reference.Yes.

45. § 63.15 ............ Availability of information

and confidentiality.

Public and confidential information .... Yes.

§ 63.2871 Who administers this subpart?

(a) This subpart can be administered

by us, the U.S. EPA, or a delegated

authority such as your State, local, or

tribal agency. If the U.S. EPA

Administrator has delegated authority to

your State, local, or tribal agency, then

that agency has the authority to

administer and enforce this regulation.

You should contact your U.S. EPA

Regional Office to find out if the

authority to implement and enforce this

regulation is delegated to your State,

local, or tribal agency. (b) In delegating implementation and

enforcement authority of this subpart to

a State, local, or tribal agency under

subpart E of this part, the authorities

contained in paragraph (c) of this

section are retained by the

Administrator of U.S. EPA and are not

transferred to the State, local, or tribal

agency. (c) The authorities that will not be

delegated to State, local, or tribal

agencies are as follows:

(1) Approval of alternative nonopacity

emissions standards under § 63.6(g).

(2) Approval of alternative opacity

standards under § 63.6(h)(9).

(3) Approval of major alternatives to

test methods under § 63.7(e)(2)(ii) and

(f) and as defined in § 63.90.

(4) Approval of major alternatives to

monitoring under § 63.8(f) and as

defined in § 63.90.

(5) Approval of major alternatives to

recordkeeping and reporting under

§ 63.10(f) and as defined in § 63.90.

34274 Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Proposed Rules

§ 63.2872 What definitions apply to this

subpart?

Terms used in this subpart are

defined in the sources listed in

paragraphs (a) through (c) of this

section:

(a) The Clean Air Act, title III, section

112(a).

(b) In 40 § 63.2, the NESHAP General

Provisions.

(c) In this section as follows:

Actual solvent loss means the gallons

of solvent lost from a source during 12

operating months as determined in

accordance with § 63.2853.

Agricultural product means any

commercially grown plant or plant

product.

Allowable HAP loss means the gallons

of HAP that would have been lost from

a source if the source was operating at

the solvent loss factor for each oilseed

type. The allowable HAP loss in gallons

is determined by multiplying the tons of

each oilseed type processed during the

previous 12 operating months, as

determined in accordance with

§ 63.2855, by the corresponding oilseed

solvent loss factor (gal/ton) listed in

Table 1 in § 63.2840, and by the

dimensionless constant 0.64, and

summing the result for all oilseed types

processed.

Area source means any source that

does not meet the major source

definition.

Batch operation means any process

that operates in a manner where the

addition of raw material and withdrawal

of product do not occur simultaneously.

Typically, raw material is added to a

process, operational steps occur, and a

product is removed from the process.

More raw material is then added to the

process and the cycle repeats.

Calendar month means 1 month as

specified in a calendar.

Compliance date means the date on

which monthly compliance

recordkeeping begins. For existing

sources, recordkeeping typically begins

3 years after [the promulgation date of

the subpart]. For new and reconstructed

sources, recordkeeping typically begins

upon initial startup, except as noted in

§ 63.2834.

Compliance ratio means a ratio of the

actual HAP loss in gallons from the

previous 12 operating months to an

allowable HAP loss in gallons, which is

determined by using oilseed solvent loss

factors in Table 1 in § 63.2840, the

weighted average volume fraction of

HAP in solvent received for the

previous 12 operating months, and the

tons of each type of listed oilseed

processed in the previous 12 operating

months. Months during which no listed

oilseed is processed, or months during

which the § 63.2850(c)(2) or

§ 63.2850(d)(2) initial startup period or

the § 63.2850(e)(2) malfunction period

applies, are excluded from this

calculation. Equation 2 in § 63.2840 of

this subpart is used to calculate this

value. If the value is less than or equal

to 1.00, the source is in compliance. If

the value is greater than 1.00, the source

is deviating from compliance.

Continuous operation means any

process that adds raw material and

withdraws product simultaneously.

Mass, temperature, concentration and

other properties typically approach

steady-state conditions.

Conventional desolventizer means a

desolventizer toaster that operates with

indirect and direct-contact steam to

remove solvent from the extracted meal.

Oilseeds processed in a conventional

desolventizer produce crude vegetable

oil and crude meal products, such as

animal feed.

Corn germ dry milling means a source

that processes corn germ that has been

separated from the other corn

components using a ‘‘dry’’ process of

mechanical chafing and air sifting.

Corn germ wet milling means a source

that processes corn germ that has been

separated from other corn components

using a ‘‘wet’’ process of centrifuging a

slurry steeped in a dilute sulfurous acid

solution.

Exempt period means a period of time

during which a source processes

agricultural products not defined as

listed oilseed.

Extraction solvent means an organic

chemical medium used to remove oil

from an oilseed. Typically, the

extraction solvent is a commercial grade

of hexane isomers which have an

approximate HAP content of 64 percent

by volume.

Hazardous air pollutant (HAP) means

any substance or mixture of substances

listed as a hazardous air pollutant under

section 112(b) of the Clean Air Act, as

of May 26, 2000.

Initial startup date means the first

calendar day that a new, reconstructed

or significantly modified source

processes any oilseed.

Initial startup period means a period

of time from the initial startup date of

a new, reconstructed or significantly

modified source, for which you choose

to operate the source under an initial

startup period subject to § 63.2850(c)(2)

or § 63.2850(d)(2). During an initial

startup period, a source is in

compliance with the standards by

following the operating and

maintenance procedures listed for

minimizing HAP emissions in the

source’s SSM plan rather than being

subject to a HAP emission limit. The

initial startup period following initial

startup of a new or reconstructed source

may not exceed 6 calendar months. The

initial startup period following a

significant modification may not exceed

3 calendar months. Solvent and oilseed

inventory information recorded during

the initial startup period is excluded

from use in any compliance ratio

determinations.

Large cottonseed plant means a

vegetable oil production process that

processes 120,000 tons or more of

cottonseed and other listed oilseed

during all normal operating periods in

a 12 operating month period used to

determine compliance. Listed oilseed is

defined with the entry for oilseed.

Malfunction period means a period of

time between the beginning and end of

a process malfunction and the time

reasonably necessary for a source to

correct the malfunction for which you

choose to operate the source under a

malfunction period subject to

§ 63.2850(e)(2). This period may include

the duration of an unscheduled process

shutdown, continued operation during a

malfunction, or the subsequent process

startup after a shutdown resulting from

a malfunction. During a malfunction

period, a source complies with the

standards by following the operating

and maintenance procedures described

for minimizing HAP emissions in the

source’s SSM plan rather than being

subject to a HAP emission limit.

Therefore, solvent and oilseed inventory

information recorded during a

malfunction period is excluded from

use in any compliance ratio

determinations.

Mechanical extraction means

removing vegetable oil from oilseeds

using only mechanical devices such as

presses or screws that physically force

the oil from the oilseed. Mechanical

extraction techniques use no organic

solvents to remove oil from an oilseed.

Nonoperating period means any

period of time in which a source

processes no agricultural product. This

operating status does not apply during

any period in which the source operates

under an initial startup period as

described in § 63.2850(c)(2) or

§ 63.2850(d)(2), or a malfunction period,

as described in § 63.2850(e)(2).

Normal operating period means any

period of time in which a source

processes a listed oilseed that is not

categorized as an initial startup period

as described in § 63.2850(c)(2) or

§ 63.2850(d)(2), or a malfunction period,

as described in § 63.2850(e)(2). At the

beginning and ending dates of a normal

operating period, solvent and oilseed

inventory information is recorded and

Federal Register / Vol. 65, No. 103 / Friday, May 26, 2000 / Proposed Rules 34275

included in the compliance ratio

determination.

Oilseed or listed oilseed means the

following agricultural products: corn

germ, cottonseed, flax, peanut, rapeseed

(for example, canola), safflower,

soybean, and sunflower.

Oilseed solvent loss factor means a

ratio expressed as gallons of solvent loss

per ton of oilseed processed. A solvent

loss factor was determined for each type

of listed oilseed and process operation

based on the MACT floor. The solvent

loss factors are presented in Table 1 in

§ 63.2840 and are used to determine the

allowable HAP loss.

Operating month means any calendar

month in which a source processes any

quantity of listed oilseed, excluding any

entire calendar month in which the

source operated under an initial startup

period as described in § 63.2850(c)(2) or

§ 63.2850(d)(2), or a malfunction period,

as described in § 63.2850(e)(2). An

operating month may include time

intervals characterized by several types

of operating status. However, an

operating month must have at least one

normal operating period.

Significant modification means the

addition of new equipment or the

modification of existing equipment that:

(1) Significantly affects solvent losses

from your vegetable oil production

process;

(2) The fixed capital cost of the new

components represents a significant

percentage of the fixed capital cost of

building a comparable new vegetable oil

production process; and

(3) The fixed capital cost of the new

equipment does not constitute

reconstruction as defined in § 63.2 of

the General Provisions.

(4) Examples of significant

modifications include replacement of or

major changes to solvent recovery

equipment such as extractors,

desolventizer-toasters/dryer-coolers,

flash desolventizers, and distillation

equipment associated with the mineral

oil system, and equipment affecting

desolventizing efficiency and steady

state operation of your vegetable oil

production process such as flaking

mills, oilseed heating and conditioning

equipment, and cracking mills.

Small cottonseed plant means a

vegetable oil production process that

processes less than 120,000 tons of

cottonseed and other listed oilseed

during all normal operating periods in

a 12 operating month period used to

determine compliance.

Solvent extraction means removing

vegetable oil from listed oilseed using

an organic solvent in a direct-contact

system.

Solvent working capacity means the

volume of extraction solvent normally

retained in solvent recovery equipment.

Examples include components such as

the solvent extractor, desolventizertoaster, solvent storage and working

tanks, mineral oil absorption system,

condensers, and oil/solvent distillation

system.

Specialty desolventizer means a

desolventizer that removes excess

solvent from soybean meal using

vacuum conditions, energy from

superheated solvent vapors, or reduced

operating conditions (e.g., temperature)

as compared to the typical operation of

a conventional desolventizer. Soybeans

processed in a specialty desolventizer

result in high-protein vegetable meal

products for human and animal

consumption, such as calf milk

replacement products and meat

extender products.

Vegetable oil production process

means the equipment comprising a

continuous process for producing crude

vegetable oil and meal products,

including specialty soybean products, in

which oil is removed from listed

oilseeds through direct contact with an

organic solvent. Process equipment

typically includes the following

components: Oilseed preparation

operations (including conditioning,

drying, dehulling, and cracking), solvent

extractors, desolventizer-toasters, meal

dryers, meal coolers, meal conveyor

systems, oil distillation units, solvent

evaporators and condensers, solvent

recovery system (also referred to as a

mineral oil absorption system), vessels

storing solvent-laden materials, and

crude meal packaging and storage

vessels. A vegetable oil production

process does not include vegetable oil

refining operations (including

operations such as bleaching,

hydrogenation, and deodorizing) and

operations that engage in additional

chemical treatment of crude soybean

meals produced in specialty

desolventizer units (including

operations such as soybean isolate

production).

[FR Doc. 00–12794 Filed 5–25–00; 8:45 am]

BILLING CODE 6560–50–P