[Federal Register Volume 65, Number 103 (Friday, May 26, 2000)]
[Proposed Rules]
[Pages 34252-34275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12794]



[[Page 34251]]

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Part II





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants: Solvent 
Extraction for Vegetable Oil Production; Proposed Rule

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

[[Page 34252]]


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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.

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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 ``<a href="/cdn-cgi/l/email-protection#761203041e171b581c1f1b3613061758111900"><span class="__cf_email__" data-cfemail="b4d0c1c6dcd5d99adeddd9f4d1c4d59ad3dbc2">[email protected]</span></a>.''

SUPPLEMENTARY INFORMATION:
    Comments. Comments and data may be submitted by electronic mail (e-
mail) to: <a href="/cdn-cgi/l/email-protection#d9b8f4b8b7bdf4abf4bdb6bab2bcad99bca9b8b4b8b0b5f7bca9b8f7beb6af"><span class="__cf_email__" data-cfemail="0a6b276b646e2778276e6569616f7e4a6f7a6b676b6366246f7a6b246d657c">[email protected]</span></a>. 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<Register> 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

[[Page 34253]]

potentially regulated by this action include:

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                  Category                      SIC  code         NAICS         Examples of regulated entities
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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 Sec. 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 
n-hexane, 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 n-hexane. The process 
of controlling n-hexane 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 n-hexane 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 
n-hexane 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

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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 Sec. 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-the-floor 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).

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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 Sec. 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 Sec. 63.2851 of 
the proposed rule.
    (2) Develop a startup, shutdown, and malfunction (SSM) plan per 
Sec. 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 
Sec. 63.2862(c) of the proposed rule.
    (4) Comply with the standards for HAP losses as required in 
Sec. 63.2840 of the proposed rule.
    (5) Submit the necessary notifications per Sec. 63.2860 of the 
proposed rule.
    (6) Submit the necessary reports per Sec. 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 Secs. 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 Secs. 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 
Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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

[[Page 34256]]

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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Emission  reductions                                 Annual                    Cost  effectiveness
                                                           (tons/yr)          Overall       Total       monitoring,      Total            ($/ton)
                                                   ------------------------   emission     capital    recordkeeping,    annual   -----------------------
                  Control option                                             reduction    investment   and reporting     cost
                                                        VOC         HAP      (percent)   (million $)  cost  (million  (million $/     VOC         HAP
                                                                                                           $/yr)          yr)
--------------------------------------------------------------------------------------------------------------------------------------------------------
MACT floor........................................      10,600       6,800           25         29.7            4.4         12.4       1,200       1,800
Above MACT floor total <SUP>a</SUP>..........................      20,900      13,400           49        134.7            6.6        185.0       8,900     13,800
--------------------------------------------------------------------------------------------------------------------------------------------------------
<SUP>a</SUP> The 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-the-floor 
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.

[[Page 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

[[Page 34258]]

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 cost-effective, 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 
least-costly, most cost-effective, or least-burdensome 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-for-profit 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
------------------------------------------------------------------------
                                                        Small business
               SIC                       NAICS         criteria (by SIC)
------------------------------------------------------------------------
2046--Wet Corn Milling..........  311221--Wet Corn    Fewer than 750
                                   Milling.            employees.
2041--Flour and Other Grain Mill  311221--Wet Corn    Fewer than 500
 Products.                         Milling.            employees.
2074--Cottonseed Oil Mills......  311223--Other       Fewer than 500
                                   Oilseed             employees.
                                   Processing.
2075--Soybean Oil Mills.........  311222--Soybean     Fewer than 500
                                   Processing.         employees.
2076--Vegetable Oil Mills.......  311223--Other       Fewer than 1,000
                                   Oilseed             employees.
                                   Processing.
------------------------------------------------------------------------

    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

[[Page 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 high-
low 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 <a href="/cdn-cgi/l/email-protection#fc9a9d8e91998ed28f9d929885bc998c9dd29b938a"><span class="__cf_email__" data-cfemail="bfd9decdd2dacd91ccded1dbc6ffdacfde91d8d0c9">[email protected]</span></a>, 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 Sec. 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 Sec. 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,

[[Page 34260]]

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


Sec. 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.


Sec. 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 Sec. 63.2.
    (c) In Sec. 63.2872 of this subpart.


Sec. 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 Sec. 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 Sec. 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 Sec. 63.2872.


Sec. 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 Sec.  63.2833.--Categorizing Your Source as Existing or New
------------------------------------------------------------------------
                                                      Then your affected
  If your affected source . . .      And if . . .        source . . .
------------------------------------------------------------------------
1. Was constructed or began       reconstruction has  is an existing
 construction before May 26,       not occurred.       source.
 2000.
2. Began reconstruction, as       reconstruction was  remains an
 defined in Sec.  63.2, on or      part of a           existing source.
 after May 26, 2000.               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.
3. Began a significant            the modification    remains an
 modification, as defined in       does not            existing source.
 Sec.  63.2872, at any time on     constitute
 an existing source.               reconstruction.

[[Page 34261]]

 
4. Began a significant            the modification    remains a new
 modification, as defined in       does not            source.
 Sec.  63.2872, at any time on a   constitute
 new source.                       reconstruction.
5. Began reconstruction on or     reconstruction was  is a new source.
 after May 26, 2000.               completed later
                                   than 3 years
                                   after the
                                   effective date of
                                   this subpart.
6. Began construction on or       ..................  is a new source.
 after May 26, 2000.
------------------------------------------------------------------------

    (b) Reconstruction of a source. Any affected source is 
reconstructed if components are replaced so that the criteria in the 
definition of reconstruction in Sec. 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 Sec. 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 Sec. 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.


Sec. 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 Sec.  63.2834.--Compliance Dates for Existing and New
                                 Sources
------------------------------------------------------------------------
 If your affected source is                         Then your compliance
    categorized as . . .          And if . . .          date is . . .
------------------------------------------------------------------------
1. An existing source.......  ....................  3 years after [the
                                                     effective date of
                                                     this subpart].
2. A new source.............  you startup your      [the effective date
                               affected source       of this subpart].
                               before [the
                               effective date of
                               this subpart].
3. A new source.............  you startup your      your startup date.
                               affected source on
                               or after [the
                               effective date of
                               this subpart].
------------------------------------------------------------------------

Standards


Sec. 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 
Sec. 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 Sec. 63.2850(c)(2) 
or (d)(2) or a malfunction period subject to Sec. 63.2850(e)(2). 
Equation 1 of this section follows:
[GRAPHIC] [TIFF OMITTED] TP26MY00.000

    (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:

[[Page 34262]]

[GRAPHIC] [TIFF OMITTED] TP26MY00.001


Where:

f = The weighted average volume fraction of HAP in solvent received 
during the previous 12 operating months, as determined in Sec. 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 Sec. 63.2853.
Oilseed = Tons of each oilseed type ``i'' processed during the previous 
12 operating months, as shown in Sec. 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 Sec.  63.2840.--Oilseed Solvent Loss Factors for Determining Allowable HAP Loss
----------------------------------------------------------------------------------------------------------------
                                                                                         Oilseed solvent  loss
                                                                                           factor  (gal/ton)
           Type of oilseed process                      A source that . . .          ---------------------------
                                                                                        Existing
                                                                                         sources     New sources
----------------------------------------------------------------------------------------------------------------
1. Corn Germ, Wet Milling....................  processes corn germ that has been              0.4           0.3
                                                separated from other corn components
                                                using a ``wet'' process of
                                                centrifuging a slurry steeped in a
                                                dilute sulfurous acid solution.
2. Corn Germ, Dry Milling....................  processes corn germ that has been              0.7           0.7
                                                separated from the other corn
                                                components using a ``dry'' process
                                                of mechanical chafing and air
                                                sifting.
3. Cottonseed, Large.........................  processes 120,000 tons or more of a            0.5           0.4
                                                combination of cottonseed and other
                                                listed oilseeds during all normal
                                                operating periods in a 12 operating
                                                month period.
4. Cottonseed, Small.........................  processes less than 120,000 tons of a          0.7           0.4
                                                combination of cottonseed and other
                                                listed oilseeds during all normal
                                                operating periods in a 12 operating
                                                month period.
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                      0.2           0.2
                                                desolventizer to produce crude
                                                soybean oil products and soybean
                                                animal feed products.
10. Soybean, Specialty.......................  uses a special style desolventizer to          1.7           1.5
                                                produce soybean meal products for
                                                human and animal consumption.
11. Soybean, Combination Plant with Low        processes soybeans in both specialty           0.25          0.25
 Specialty Production.                          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.
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 Sec. 63.2850, then you must 
categorize the month as an operating month, as defined in Sec. 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 Sec. 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 Sec. 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 
Sec. 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 Sec. 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.

[[Page 34263]]

Compliance Requirements


Sec. 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 
Sec. 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 Sec. 63.2851.
    (3) Develop a written startup, shutdown and malfunction (SSM) plan 
in accordance with the provisions in Sec. 63.2852.
    (4) Maintain all the necessary records you have used to demonstrate 
compliance with this subpart in accordance with Sec. 63.2862.
    (5) Submit the reports in paragraphs (a)(5)(i) through (iii) of 
this section:
    (i) Annual compliance certifications in accordance with 
Sec. 63.2861(a).
    (ii) Periodic startup, shutdown, and malfunction reports in 
accordance with Sec. 63.2861(c).
    (iii) Immediate startup, shutdown, and malfunction reports in 
accordance with Sec. 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 Sec. 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 Sec. 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 Sec.  63.2850.--Requirements for Compliance With HAP Emission Standards
----------------------------------------------------------------------------------------------------------------
                                                       For initial startup periods
                              For periods of normal          subject to Sec.           For malfunction periods
 Are you required to . . .         operation?           63.28590(c)(2) or (d)(2)?          subject to Sec.
                                                                                           63.2850(e)(2)?
----------------------------------------------------------------------------------------------------------------
1. Operate and maintain     No, your source is not    Yes, throughout the entire    Yes, throughout the entire
 your source in accordance   subject to the SSM        initial startup period.       malfunction period.
 with your SSM plan as       plan, but rather the
 described in Sec.           HAP emission limits of
 63.2852?                    this standard.
2. Determine and record     Yes, as described in      Yes, as described in Sec.     Yes, as described in Sec.
 the extraction solvent      Sec.  63.2853..           63.2862(e).                   63.2862(e).
 loss in gallons from your
 source?

[[Page 34264]]

 
3. Record the volume        Yes.....................  Yes.........................  Yes.
 fraction of HAP present
 at greater than 1 percent
 by volume and gallons of
 extraction solvent in
 shipment received?
4. Determine and record     Yes, as described in      No..........................  No.
 the tons of each oilseed    Sec.  63.2855..
 type processed by your
 source?
5. Determine the weighted   Yes.....................  No. Except for solvent        No, the HAP volume fraction
 average volume fraction                               received by a new or          in any solvent received
 of HAP in extraction                                  reconstructed source          during a malfunction period
 solvent received as                                   commencing operation under    is included in the weighted
 described in Sec.                                     an initial startup period,    average HAP determination
 63.2854 by the end of the                             the HAP volume fraction in    for the next operating
 following calendar month?                             any solvent received during   month.
                                                       an initial startup period
                                                       is included in the weighted
                                                       average HAP determination
                                                       for the next operating
                                                       month.
6. Determine and record     Yes.....................  No, these requirements are    No, these requirements are
 the actual solvent loss,                              not applicable because your   not applicable because your
 weighted average volume                               source is not required to     source is not required to
 fraction HAP, oilseed                                 determine the compliance      determine the compliance
 processed and compliance                              ratio with data recorded      ratio with data recorded
 ratio for each 12                                     for an initial startup        for a malfunction period.
 operating month period as                             period.
 described in Sec.
 63.2840 by the end of the
 following calendar month?
7. Submit a Notification    Yes, as described in      No. However, you may be       No. However, you may be
 of Compliance Status or     Secs.  63.2860(d) and     required to submit an         required to submit an
 Annual Compliance           63.2861(a).               annual compliance             annual compliance
 Certification as                                      certification for previous    certification for previous
 appropriate?                                          operating months, if the      operating months, if the
                                                       deadline for the annual       deadline for the annual
                                                       compliance certification      compliance certification
                                                       happens to occur during the   happens to occur during the
                                                       initial startup period.       malfunction period.
8. Submit a Deviation       Yes.....................  No, these requirements are    No, these requirements are
 Notification Report by                                not applicable because your   not applicable because your
 the end of the calendar                               source is not required to     source is not required to
 month following each                                  determine the compliance      determine the compliance
 operating month in which                              ratio with data recorded      ratio with data recorded
 the compliance ratio                                  for an initial startup        for a malfunction period.
 exceeds 1.00 as described                             period.
 in Sec.  63.2861(b)?
9. Submit a Periodic SSM    No, a SSM activity is     Yes.........................  Yes.
 Report as described in      not categorized as
 Sec.  63.2861(c)?           normal operation.
10. Submit an Immediate     No, a SSM activity is     Yes, only if your source      Yes, only if your source
 SSM Report as described     not categorized as        does not follow the SSM       does not follow the SSM
 in Sec.  63.2861(d)?        normal operation.         plan.                         plan.
----------------------------------------------------------------------------------------------------------------


     Table 2 of Sec.  63.2850.--Schedules for Demonstrating Compliance Under Various Source Operating Modes
----------------------------------------------------------------------------------------------------------------
                                                                      You must determine
                                                      then your     your first compliance     Base your first
    If your source is . . .     and is operating    recordkeeping    ratio by the end of    compliance ratio on
                                   under . . .     schedule . . .     the calendar month    information recorded
                                                                       following . . .             . . .
----------------------------------------------------------------------------------------------------------------
1. Existing...................  Normal            Begins on the     The first 12           During the first 12
                                 operation,.       compliance date.  operating months       operating months
                                                                     after the compliance   after the compliance
                                                                     date.                  date.
2. New........................  Normal            Begins on the     The first 12           During the first 12
                                 operation,.       startup date of   operating months       operating months
                                                   your new source.  after the startup      after the startup
                                                                     date of the new        date of the new
                                                                     source.                source.
3.                              An initial        Begins on the     The first 12           During the first 12
                                 startup period,.  startup date of   operating months       operating months
                                                   your new source.  after termination of   after the initial
                                                                     the initial startup    startup period,
                                                                     period, which can      which can last for
                                                                     last for up to 6       up to 6 months.
                                                                     months.
4. Existing or new that has     Normal            Resumes on the    The first operating    During the previous
 been significantly modified.    operation,.       startup date of   month after the        11 operating months
                                                   the modified      startup date of the    prior to the
                                                   source.           modified source.       significant
                                                                                            modification and the
                                                                                            first operating
                                                                                            month following the
                                                                                            initial startup date
                                                                                            of the source.

[[Page 34265]]

 
5.                              An initial        Resumes on the    The first operating    During the 11
                                 startup period.   startup date of   month after            operating months
                                                   the modified      termination of the     before the
                                                   source.           initial startup        significant
                                                                     period, which can      modification and the
                                                                     last up to 3 months.   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.


Sec. 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 site-specific 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.


Sec. 63.2852  What is a startup, shutdown, and malfunction plan?

    You must develop a written startup, shutdown, and malfunction plan 
in accordance with Sec. 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 Sec. 63.2850(e)(2) 
malfunction period, or the Sec. 63.2850(c)(2) or Sec. 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.


Sec. 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 Sec. 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:

[[Page 34266]]



  Table 1 of Sec.  63.2853.--Categorizing Your Source Operating Status
------------------------------------------------------------------------
                                                     then your source
    If during a recorded time interval . . .       operating status is .
                                                            . .
------------------------------------------------------------------------
i. your source processes any amount of listed     a normal operating
 oilseed and your source is not operating under    period.
 an initial startup period or a malfunction
 period subject to Sec.  63.2850(c)(2), Sec.
 63.2850(d)(2), or Sec.  63.2850(e)(2).
ii. your source processes no agricultural         a nonoperating period.
 product and your source is not operating under
 an initial startup period or malfunction period
 subject to Sec.  63.2850(c)(2), Sec.
 63.2850(d)(2), or Sec.  63.2850(e)(2).
iii. you choose to operate your source under an   an initial startup
 initial startup period subject to Sec.            period.
 63.2850(c)(2) or Sec.  63.2850(d)(2).
iv. you choose to operate your source under a     a malfunction period.
 malfunction period subject to Sec.
 63.2850(e)(2).
v. your source processes agricultural products    an exempt period.
 not defined as listed oilseed.
------------------------------------------------------------------------

    (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 Sec. 63.2851, to determine the extraction solvent 
inventory, and maintain readily available records of the actual solvent 
loss inventory, as described in Sec. 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 
Sec. 63.7 of the General Provisions. The design evaluations must be 
based on the procedures and options described in Secs. 63.985(b)(1)(i) 
(A) through (C) or Sec. 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 Sec. 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 Sec. 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 Sec. 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:
[GRAPHIC] [TIFF OMITTED] TP26MY00.002


Where:

SOLV<INF>B</INF> = Gallons of solvent in the inventory at the beginning 
of normal operating period ``i'' as determined in paragraph (a)(3) of 
this section.
SOLV<INF>E</INF> = Gallons of solvent in the inventory at the end of 
normal operating period ``i'' as determined in paragraph (a)(3) of this 
section.

[[Page 34267]]

SOLV<INF>R</INF> = 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.
SOLV<INF>A</INF> = 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 
Sec. 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 Sec. 63.2850(c)(2) or 
Sec. 63.2850(d)(2).
    (3) Malfunction periods as described in Sec. 63.2850(e)(2).
    (4) Exempt operation periods as described in paragraph (a)(2)(v) of 
this section.


Sec. 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 Sec. 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:
[GRAPHIC] [TIFF OMITTED] TP26MY00.003

    Where:

Received<INF>i</INF> = Gallons of extraction solvent received in 
delivery ``i.''
Content<INF>i</INF> = 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 Sec. 63.2840 
to determine the compliance ratio. Equation 2 of this section follows:
[GRAPHIC] [TIFF OMITTED] TP26MY00.004


[[Page 34268]]



Where:

Received<INF>i</INF> = Gallons of extraction solvent received in 
operating month ``i'' as determined in accordance with 
Sec. 63.2853(a)(4).
Content<INF>i</INF> = 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.


Sec. 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 Sec. 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 Sec. 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 Sec. 63.2851, to determine the oilseed inventory, and 
maintain readily available records of the oilseed inventory as 
described by Sec. 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:
[GRAPHIC] [TIFF OMITTED] TP26MY00.005


Where:

SEED<INF>B</INF> = 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.
SEED<INF>E</INF> = 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.
SEED<INF>R</INF> = Tons of oilseed received during normal operating 
period ``i'' as determined in accordance with paragraph (a)(4) of this 
section.
SEED<INF>A</INF> = 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 
Sec. 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 Sec. 63.2853 (a)(2)(ii).

[[Page 34269]]

    (2) Initial startup periods as described in Sec. 63.2850(c)(2) or 
(d)(2).
    (3) Malfunction periods as described in Sec. 63.2850(e)(2).
    (4) Exempt operation periods as described in Sec. 63.2853(a)(2)(v).

Notifications, Reports, and Records


Sec. 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 
Sec. 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 Secs. 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 Sec. 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 
Sec. 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, desolventizer-toasters (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 Sec. 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 Sec. 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 
Sec. 63.2851) and SSM plan (as described in Sec. 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.


Sec. 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

[[Page 34270]]

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 Sec. 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 Sec. 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 
Sec. 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 Sec. 63.2850(c)(2) or Sec. 63.2850(d)(2) or a malfunction period 
subject to Sec. 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 Sec. 63.2850(c)(2) or Sec. 63.2850(d)(2) or a 
malfunction period subject to Sec. 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.


Sec. 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 
Sec. 63.2834.
    (b) Prepare a plan for demonstrating compliance (as described in 
Sec. 63.2851) and a SSM plan (as described in Sec. 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 Sec. 63.2850(c)(2) or Sec. 63.2850(d)(2) initial startup 
period or the Sec. 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 Sec. 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,

[[Page 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 Sec. 63.2850(c)(2) or Sec. 63.2850(d)(2), or a malfunction 
period as described in Sec. 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 Sec. 63.2853(c).
    (2) The weighted average volume fraction of HAP in extraction 
solvent received for the previous 12 operating months as described in 
Sec. 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 
Sec. 63.2855(c).
    (4) A determination of the compliance ratio. Using the values from 
Secs. 63.2853, 63.2854, 63.2855, and Table 1 in Sec. 63.2840, calculate 
the compliance ratio using Equation 2 in Sec. 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 
Sec. 63.2850.
    (e) For each SSM event subject to an initial startup period as 
described in Sec. 63.2850(c)(2) or Sec. 63.2850(d)(2), or a malfunction 
period as described in Sec. 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.


Sec. 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 Sec. 63.10(b)(1) of the General 
Provisions.
    (b) As specified in Sec. 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 Sec. 63.10(b)(1) of the 
General Provisions. You can keep the records offsite for the remaining 
3 years.

Other Requirements and Information


Sec. 63.2870  What parts of the General Provisions apply to me?

    Table 1 of this section shows which parts of the General Provisions 
in Secs. 63.1 through 63.13 apply to you. Table 1 of Sec. 63.2870 
follows:

     Table 1 of Sec.  63.2870.--Applicability of 40 CFR Part 63, Subpart A, to 40 CFR Part 63, Subpart GGGG
----------------------------------------------------------------------------------------------------------------
                                    Subject of      Brief description of     Applies to
  General provisions citation        citation            requirement           subpart          Explanation
----------------------------------------------------------------------------------------------------------------
 1. Sec.  63.1................  Applicability....  Initial Applicability   Yes...........
                                                    Determination;
                                                    Applicability After
                                                    Standard Established;
                                                    Permit Requirements;
                                                    Extensions,
                                                    Notifications.
 2. Sec.  63.2................  Definitions......  Definitions for Part    Yes...........  Except as
                                                    63 standards.                           specifically
                                                                                            provided in this
                                                                                            subpart.
 3. Sec.  63.3................  Units and          Units and               Yes...........
                                 Abbreviations.     abbreviations for
                                                    Part 63 standards.
 4. Sec.  63.4................  Prohibited         Prohibited Activities;  Yes...........
                                 Activities and     Compliance date;
                                 Circumvention.     Circumvention,
                                                    Severability.
 5. Sec.  63.5................  Construction/      Applicability;          Yes...........  Except for paragraphs
                                 Reconstruction.    Applications;                           of Sec.  63.5 as
                                                    Approvals.                              listed in this
                                                                                            table.
 6. Sec.  63.5(c).............  [Reserved].......
 7. Sec.  63.5(d) (1)(ii) (H).  Application for    Type and quantity of    No............  All sources emit HAP.
                                 Approval.          HAP, operating                          Subpart GGGG does
                                                    parameters.                             not require control
                                                                                            from specific
                                                                                            emission points.
 8. Sec.  63.5(d)(1)(i).......  [Reserved].......

[[Page 34272]]

 
 9. Sec.  63.5(d)(1)(iii),      .................  Application for         No............  The requirements of
 (d)(2), (d)(3)(ii).                                approval.                               the application for
                                                                                            approval for new,
                                                                                            reconstructed and
                                                                                            significantly
                                                                                            modified sources are
                                                                                            described in Sec.
                                                                                            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. Sec.  63.6................  Applicability of   Applicability of GP...  Yes...........  Except for paragraphs
                                 GP.                                                        of Sec.  63.6 as
                                                                                            listed in this
                                                                                            table.
11. Sec.  63.6(b) (1)-(3).....  Compliance dates,  ......................  No............  Section 63.2834 of
                                 new and                                                    Subpart GGGG
                                 reconstructed                                              specifies the
                                 sources.                                                   compliance dates for
                                                                                            new and
                                                                                            reconstructed
                                                                                            sources.
12. Sec.  63.6(b)(6)..........  [Reserved].......
13. Sec.  63.6(c)(3)-(c)(4)...  [Reserved].......
14. Sec.  63.6(d).............  [Reserved].......
15. Sec.  63.6(e).............  Operation and      ......................  Yes...........  Implement your SSM
                                 maintenance                                                plan, as specified
                                 requirements.                                              in Sec.  63.2851 of
                                                                                            subpart GGGG.
16. Sec.  63.6 (f)-(g)........  Compliance with    Comply with emission    No............  Subpart GGGG does not
                                 Nonopacity         standards at all                        have nonopacity
                                 Emission           times except during                     requirements.
                                 Standards Except   SSM.
                                 During SSM.
17. Sec.  63.6(h).............  Opacity/Visible    ......................  No............  Subpart GGGG has no
                                 Emission (VE)                                              opacity or visual
                                 Standards.                                                 emission standards.
18. Sec.  63.6(i).............  Compliance         Procedures and          Yes...........
                                 Extension.         criteria for
                                                    responsible agency to
                                                    grant compliance
                                                    extension.
19. Sec.  63.6(j).............  Presidential       President may exempt    Yes...........
                                 Compliance         source category from
                                 Exemption.         requirement to comply
                                                    with subpart.
20. Sec.  63.7................  Performance        Schedule, conditions,   Yes...........  Subpart GGGG requires
                                 Testing            notifications and                       performance testing
                                 Requirements.      procedures.                             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. Sec.  63.8................  Monitoring         ......................  No............  Subpart GGGG does not
                                 Requirements.                                              require monitoring
                                                                                            other than as
                                                                                            specified therein.
22. Sec.  63.9................  Notification       Applicability and       Yes...........  Except for paragraphs
                                 Requirements.      state delegation.                       of Sec.  63.9 as
                                                                                            listed in this
                                                                                            table.
23. Sec.  63.9(b)(2)..........  Notification       Initial notification    No............  Section 63.2860(a) of
                                 Requirements.      requirements for                        subpart GGGG
                                                    existing sources.                       specifies the
                                                                                            requirements of the
                                                                                            initial notification
                                                                                            for existing
                                                                                            sources.
24. Sec.  63.9(b) (3)-(5).....  Notification       Notification            Yes...........  Except the
                                 Requirements.      requirement for                         information
                                                    certain new/                            requirements differ
                                                    reconstructed sources.                  as described in Sec.
                                                                                             63.2860(b) of
                                                                                            subpart GGGG.
25. Sec.  63.9(e).............  Notification of    Notify responsible      Yes...........  Applies only if
                                 Performance Test.  agency 60 days ahead.                   performance testing
                                                                                            is performed.
26. Sec.  63.9(f).............  Notification of    Notify responsible      No............  Subpart GGGG has no
                                 VE/Opacity         agency 30 days ahead.                   opacity or visual
                                 Observations.                                              emission standards.

[[Page 34273]]

 
27. Sec.  63.9(g).............  Additional         Notification of         No............  Subpart GGGG has no
                                 Notifications      performance                             CMS requirements.
                                 When Using a       evaluation;
                                 Continuous         Notification using
                                 Monitoring         COMS data;
                                 System (CMS).      Notification that
                                                    exceeded criterion
                                                    for relative accuracy.
28. Sec.  63.9(h).............  Notification of    Contents..............  No............  Section 63.2860(d) of
                                 Compliance                                                 subpart GGGG
                                 Status.                                                    specifies
                                                                                            requirements for the
                                                                                            notification of
                                                                                            compliance status.
29. Sec.  63.10...............  Recordkeeping/     Schedule for            Yes...........  Except for paragraphs
                                 Reporting.         Reporting, record                       of Sec.  63.10 as
                                                    storage.                                listed in this
                                                                                            table.
30. Sec.  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. Sec.  63.10(b)(2) (ii)-     Recordkeeping....  Malfunction of air      No............  Applies only if air
 (iii).                                             pollution equipment.                    pollution control
                                                                                            equipment has been
                                                                                            added to the process
                                                                                            and is necessary for
                                                                                            the source to meet
                                                                                            the emission limit.
32. Sec.  63.10(b)(2)(vi).....  Recordkeeping....  CMS recordkeeping.....  No............  Subpart GGGG has no
                                                                                            CMS requirements.
33. Sec.  63.10(b)(2) (viii)-   Recordkeeping....  Conditions of           Yes...........  Applies only if
 (ix).                                              performance test.                       performance tests
                                                                                            are performed.
                                                                                            Subpart GGGG does
                                                                                            not have any CMS
                                                                                            opacity or visible
                                                                                            emissions
                                                                                            observation
                                                                                            requirements.
34. Sec.  63.10(b)(2) (x)-      Recordkeeping....  CMS, performance        No............  Subpart GGGG does not
 (xii).                                             testing, and opacity                    require CMS.
                                                    and visible emissions
                                                    observations
                                                    recordkeeping.
35. Sec.  63.10(c)............  Recordkeeping....  Additional CMS          No............  Subpart GGGG does not
                                                    recordkeeping.                          require CMS.
36. Sec.  63.10(d)(2).........  Reporting........  Reporting performance   Yes...........  Applies only if
                                                    test results.                           performance testing
                                                                                            is performed.
37. Sec.  63.10(d)(3).........  Reporting........  Reporting opacity or    No............  Subpart GGGG has no
                                                    VE observations.                        opacity or visible
                                                                                            emission standards.
38. Sec.  63.10(d)(4).........  Reporting........  Progress reports......  Yes...........  Applies if a
                                                                                            condition of
                                                                                            compliance
                                                                                            extension.
39. Sec.  63.10(d)(5).........  Reporting........  SSM reporting.........  No............  Section 63.2861 (c)
                                                                                            and (d) of subpart
                                                                                            GGGG specifies SSM
                                                                                            reporting
                                                                                            requirements.
40. Sec.  63.10(e)............  Reporting........  Additional CMS reports  No............  Subpart GGGG does not
                                                                                            require CMS.
41. Sec.  63.11...............  Control Device     Requirements for        Yes...........  Applies only if your
                                 Requirements.      flares.                                 source uses a flare
                                                                                            to control solvent
                                                                                            emissions. Subpart
                                                                                            GGGG does not
                                                                                            require flares.
42. Sec.  63.12...............  State Authority    State authority to      Yes...........
                                 and Delegations.   enforce standards.
43. Sec.  63.13...............  State/Regional     Addresses where         Yes...........
                                 Addresses.         reports,
                                                    notifications, and
                                                    requests are sent.
44. Sec.  63.14...............  Incorporation by   Test methods            Yes...........
                                 Reference.         incorporated by
                                                    reference.
45. Sec.  63.15...............  Availability of    Public and              Yes...........
                                 information and    confidential
                                 confidentiality.   information.
----------------------------------------------------------------------------------------------------------------

Sec. 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 
Sec. 63.6(g).
    (2) Approval of alternative opacity standards under 
Sec. 63.6(h)(9).
    (3) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (4) Approval of major alternatives to monitoring under Sec. 63.8(f) 
and as defined in Sec. 63.90.
    (5) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f) and as defined in Sec. 63.90.

[[Page 34274]]

Sec. 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 Sec. 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 
Sec. 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 Sec. 63.2855, by the corresponding oilseed solvent loss factor 
(gal/ton) listed in Table 1 in Sec. 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 Sec. 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 Sec. 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 Sec. 63.2850(c)(2) or Sec. 63.2850(d)(2) initial 
startup period or the Sec. 63.2850(e)(2) malfunction period applies, 
are excluded from this calculation. Equation 2 in Sec. 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 Sec. 63.2850(c)(2) or Sec. 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 Sec. 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 Sec. 63.2850(c)(2) or Sec. 63.2850(d)(2), or a 
malfunction period, as described in Sec. 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 Sec. 63.2850(c)(2) or 
Sec. 63.2850(d)(2), or a malfunction period, as described in 
Sec. 63.2850(e)(2). At the beginning and ending dates of a normal 
operating period, solvent and oilseed inventory information is recorded 
and

[[Page 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 
Sec. 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 Sec. 63.2850(c)(2) or Sec. 63.2850(d)(2), or a malfunction 
period, as described in Sec. 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 Sec. 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, desolventizer-toaster, 
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


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