[Federal Register Volume 66, Number 71 (Thursday, April 12, 2001)]
[Rules and Regulations]
[Pages 19006-19026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8801]
[[Page 19005]]
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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; Final Rule
Federal Register / Vol. 66, No. 71 / Thursday, April 12, 2001 / Rules
and Regulations
[[Page 19006]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[FRL-6965-5]
RIN 2060-AH22
National Emission Standards for Hazardous Air Pollutants: Solvent
Extraction for Vegetable Oil Production
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This action promulgates 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 final rule will require all existing and new solvent
extraction for vegetable oil production processes that are major
sources to meet HAP emission standards reflecting the application of
the maximum achievable control technology (MACT). The EPA estimates
that this final rule will reduce nationwide emissions of n-hexane from
solvent extraction for vegetable oil production processes by
approximately 6,800 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).
EFFECTIVE DATE: April 12, 2001.
ADDRESSES: Docket No. A-97-59 contains supporting information used in
developing the standards. The docket is located at the U.S. EPA, 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: For information concerning
applicability and rule determinations, contact your State or local
representative or the appropriate EPA Regional Office representative.
For information concerning the analyses performed in developing these
NESHAP, contact Mr. James F. Durham, Waste & Chemical Processes Group,
Emission Standards Division, (MD-13), U.S. EPA, Research Triangle Park,
North Carolina 27711; telephone number (919) 541-5672; facsimile number
(919) 541-0246; electronic mail address: [email protected].
SUPPLEMENTARY INFORMATION:
Docket. The docket is an organized and complete file of all the
information considered by the EPA in the development of today's final
rule. 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 today's final
rule 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 final rule will also be available on the
WWW through the Technology Transfer Network (TTN). Following signature,
a copy of today's final 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 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 311211 Flour and other grain mill product
mills.
2046 311221 Wet corn milling.
Federal government............................ ........... ........... Not affected.
State/local/tribal government................. ........... ........... Not affected.
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This table is not intended to be exhaustive, but rather provides a
guide for readers 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
today's final rule. If you have any questions regarding the
applicability of this action to a particular entity, consult the
appropriate EPA Regional Office representative.
Judicial Review. The NESHAP for solvent extraction for vegetable
oil production were proposed on May 26, 2000 (65 FR 34252). Today's
final rule announces the EPA's final decision on the rule. Under
section 307(b)(1) of the CAA, judicial review of these NESHAP is
available by filing a petition for review in the U.S. Court of Appeals
for the District of Columbia Circuit by June 11, 2001. Only those
objections to this rule which were raised with reasonable specificity
during the period for public comment may be raised during judicial
review. Under section 307(b)(2) of the CAA, the requirements that are
the subject of today's final rule may not be challenged later in civil
or criminal
[[Page 19007]]
proceedings brought by the EPA to enforce these requirements.
Outline. The information presented in this preamble is organized as
follows:
I. What are the environmental, energy, cost, and economic impacts?
II. What significant comments did we consider and what changes and
clarifications did we make to the proposed standards?
III. What are the administrative requirements for this rule?
A. Executive Order 12866, Regulatory Planning and Review
B. Executive Order 13132, Federalism
C. Executive Order 13175, 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
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. Congressional Review Act
I. What Are the Environmental, Energy, Cost, and Economic Impacts?
The nationwide environmental and cost impacts for today's final
rule are presented in Table 1 of this preamble. Additional information
on the costs and environmental impacts of control options are discussed
in the following five documents, which can be found in docket A-97-59:
(1) National Emission Standards for Hazardous Air Pollutants:
Solvent Extraction for Vegetable Oil Production; proposed rule (65 FR
34252, May 26, 2000).
(2) Public Comments and EPA Responses to the Proposed NESHAP for
Solvent Extraction for Vegetable Oil Production; memorandum dated
November 13, 2000.
(3) Summary of Environmental and Energy Impacts for the MACT Floor;
memorandum dated September 24, 1999.
(4) Final Summary of Emission Reductions and Control Costs
Associated with Achieving the MACT Floor and a Control Option Above the
MACT Floor; memorandum dated November 10, 2000.
Table 1.--Summary of National Impacts for the Solvent Extraction for Vegetable Oil Production NESHAP
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Emissions reductions (tpy) Annual Cost effectiveness ($/
--------------------------- Overall Total monitoring, Total annual ton)
emission capital recordkeeping, & cost -------------------------
VOC HAP reduction investment reporting cost (million $/
(percent) (million $) (million $/yr) yr) VOC HAP
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10,600 6,800 25 29.7 4.2 12.3 1,200 1,800
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(5) Summary of Environmental and Energy Impacts for Above the MACT
Floor Regulatory Option; memorandum dated November 1, 2000.
The economic impacts of the MACT floor are discussed in the
proposed regulation and in the document, ``Economic Analysis of Air
Pollution Regulations: Vegetable Oil Industry.'' The major findings
regarding the economic impacts of the rule have not changed as a result
of public comments submitted on the proposed rule. 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. No facilities
are expected to close as a result of the rule and labor market impacts
and international trade impacts are also anticipated to be minimal.
Minor revisions to the economic analysis were made in response to
public comments on the proposed rule. Both the original and the revised
economic documents are in docket A-97-59.
II. What Significant Comments Did We Consider and What Changes and
Clarifications Did We Make to the Proposed Standards?
A comprehensive summary of public comments and responses can be
found in the document entitled ``Public Comments and Responses to the
Proposed NESHAP for Solvent Extraction for Vegetable Oil Production''
(Docket No. A-97-59). The only major change we made to the rule based
on public comments was allowing the substitution of an accounting month
for a calendar month to determine solvent losses and the quantities of
oilseed processed by an affected source.
One commenter brought to our attention that some facilities
determine solvent losses and the quantity of oilseed processed on the
basis of an accounting month, which may consist of approximately 4 to 5
calendar weeks. The end of an accounting month may not correspond
exactly to the end of a calendar month. Thus, an accounting month may
end before or after a corresponding calendar month. However, 12
accounting months correspond exactly to a calendar year. To accommodate
facilities which determine the quantities of oilseed processed in this
manner, we revised the rule to allow solvent loss and oilseed crush
determinations to coincide with accounting practices, as long as there
are twelve determinations in a calendar year of approximately equal
duration. This clarification can be found in Secs. 63.2853(a)(1) and
63.2855(a)(1) of the final rule.
We also made the following five clarifications, which did not add
or change any of the proposed regulatory requirements.
(1) In Sec. 63.2832(b)(4), we clarified that research and
development facilities are not subject to this rule (provided they are
not major sources).
(2) In Sec. 63.2832(c), we clarified that an area source will
become subject to this rule if it increases its HAP emissions (or its
potential to emit HAP) such that the source becomes categorized as a
major source of HAP emissions.
(3) In Sec. 63.2854(b)(1), we changed the name of the hazardous air
pollutant data sheet to ``manufacturer's certificate of analysis''
which is a more appropriate term for the solvent extraction for
vegetable oil production industry. Thus, the final rule will permit
affected sources to use either material safety data sheets or
``manufacturer's certificates of analysis'' to determine the HAP
content of the extraction solvent.
(4) In Sec. 63.2855, we clarified that all oilseed measurements
must be determined on an ``as received'' basis which refers to the
oilseed physical and chemical characteristics as initially received by
the source and prior to any oilseed handling and processing.
(5) In Sec. 63.2871(a), we clarified that the U.S. EPA still has
authority to implement and enforce this rule, even if the authority has
been delegated to your State, local, or tribal agency.
[[Page 19008]]
III. What Are the Administrative Requirements for This Rule?
A. Executive Order 12866, Regulatory Planning and Review
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) and the requirements of the Executive Order. 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.
Pursuant to the terms of Executive Order 12866, it has been
determined that today's final rule is not a ``significant regulatory
action'' because it will not have an annual effect on the economy of
$100 million or more 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 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 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
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.
Today's final 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 today's final 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 today's final 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 today's final rule.
C. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
On January 1, 2001, Executive Order 13084 was superseded by
Executive Order 13175. However, this rule was developed during the
period when Executive Order 13084 was still in force, and so tribal
considerations were addressed under Executive Order 13084. 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 final 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 today's final 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, EPA 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 and reasonably feasible alternatives considered
by EPA.
The 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. Today's final 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, today's final rule has
been determined not to be
[[Page 19009]]
``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 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 today's final
rule for any 1 year has been estimated to be less than $15 million.
Thus, today's final rule is not subject to the requirements of sections
202 and 205 of the UMRA. In addition, the EPA has determined that
today's final 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 final 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 EPA has determined that it is not necessary to prepare a
regulatory flexibility analysis in connection with today's final rule.
The EPA has also determined that today's final rule will not have a
significant economic impact on a substantial number of small entities.
For purposes of assessing the impact of today's final rule on small
entities, small entities are defined as small businesses, small not-
for-profit enterprises, and small governmental jurisdictions.
For today's final rule, the impacted small entities are businesses,
and the Small Business Administration 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
NAICS)
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2046--Wet Corn Milling.......... 311221--Wet Corn fewer than 750
Milling. employees.
2041--Flour and Other Grain Mill 311211--Flour fewer than 500
Products. Milling. employees.
2074--Cottonseed Oil Mills...... 311223--Other fewer than 1,000
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, 15 companies operating oilseed
processing facilities are small businesses. These small businesses
operated 21 vegetable oil processing facilities or 20 percent of the
solvent extraction facilities in operation during 1995. Sixteen of
these 21 facilities were cottonseed processing mills indicating that 64
percent of the 25 cottonseed processing facilities operating in 1995
were operated by small businesses.
After considering the economic impacts of today's final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. We have
analyzed the potential impact on the small entities by calculating the
ratio of estimated annualized emissions control costs relative to
baseline 1995 sales revenue for each small company expected to be
impacted by the rule. While the cost-to-sales ratio (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 CSR's 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 CSR for an
individual facility. The mean or average CSR for small companies
affected by today's final rule is 0.30 percent, with range of CSR from
a low of 0.03 percent to a high estimate of 0.61 percent. As a result
of the increased costs of emissions controls, these firms will either
increase the price of their products in response to a market change in
price, absorb the cost increase with no price increase, or respond with
a combination of these approaches. Since the estimated costs as a
percentage of sales is relatively minimal for the affected small
oilseed processing companies, it is anticipated that the rule will not
have a significant impact on the profitability of affected companies.
Many cottonseed processing facilities are owned by small
businesses. Ten 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
[[Page 19010]]
impacts as a result of today's final rule. For this analysis, the
estimated costs of emissions controls for an individual facility were
compared to the estimated 1995 sales revenue for that facility to
estimate facility-specific CSR's. 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 nine
cottonseed processing facilities currently operating that are owned by
small businesses, the average CSR is 0.28 percent with a high-low range
of 0.05 to 0.52 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 today's final rule.
Although today's final rule will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless has
tried to reduce the impact of this rule on small entities. We worked
closely with a coalition of four industrial trade associations
throughout the rule development process. As a result of this
interaction, separate standards were developed for each type of oilseed
because of differences in the operating practices and the capabilities
to reduce emissions among the oilseeds affected by the rule. In
addition, the rule regulates total plant solvent losses rather than
losses from each emission point, thus providing flexibility to select
control options that are most cost effective for each plant. Moreover,
the monitoring, recordkeeping, and reporting costs are low because
compliance can be determined from existing plant records of purchases
and inventories of solvent and oilseeds. These steps have reduced the
burden of the rule for both large and small plants.
Further steps were taken to reduce the burden for small cottonseed
oil plants. The performance standards in today's final rule are
expressed in terms of gallons of emissions per ton of seeds processed
because most of the emissions relate to the seed processing rate.
However, a small percentage of the emissions, such as those from plant
shutdowns and startups, are not related to the seed throughput. These
``fixed'' emissions become more significant for small plants because
they tend to shutdown and startup more frequently than large plants.
The cottonseed oil producers pointed out that this situation was
particularly troublesome for small cottonseed oil plants. In response
to the industry's concern, we requested additional information from the
industry regarding the operating practices and emissions from small
cottonseed oil plants. After examining this information, separate, less
stringent performance standards were developed to reflect the
intermittent operation of this segment of the industry.
G. Paperwork Reduction Act
The information collection requirements in today's final 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. 1947-02) 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
[email protected], 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 and operations and maintenance costs for the
solvent extraction for vegetable oil production NESHAP. This estimate
includes initial notification(s); plan for demonstrating compliance;
startup, shutdown, and malfunction (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 (Public Law No. 104-113), all Federal
agencies are required to use voluntary consensus standards (VCS) 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 OMB, with explanations when an agency does not use
available and applicable VCS.
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 VCS for use in identifying n-hexane. This rule references the
National Emission Standards for Closed Vent Systems, Control Devices,
Recovery Devices, and Routing to a Fuel Gas System or a Process (40 CFR
part 63, 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), EPA is not adopting VCS in today's final rule.
Section 63.2854(b)(1) of today's final rule lists EPA Method 311.
The EPA Method 311 has been used by States and industry for
approximately 5 years. Nevertheless, under Sec. 63.7(f) of 40 CFR part
63, subpart A, today's final rule 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).
[[Page 19011]]
I. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the SBREFA, generally provides that before a rule may take effect, the
agency promulgating the rule must submit a rule report, which includes
a copy of the rule, to each House of the Congress and to the
Comptroller General of the United States. Therefore, we will submit a
report containing this final rule and other required information to the
U.S. Senate, the U.S. House of Representatives, and the Comptroller
General of the United States prior to publication of the rule in the
Federal Register. A major rule cannot take effect until 60 days after
it is published in the Federal Register. This final rule is not a
``major rule'' as defined by 5 U.S.C. 804(2), and therefore will be
effective April 12, 2001.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: April 3, 2001.
Christine Todd Whitman,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, part
63, of the Code of the Federal Regulations is 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 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 implements and enforces this subpart?
63.2872 What definitions apply to this subpart?
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) for emissions during vegetable oil production.
This subpart limits hazardous air pollutant (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
Sec. 63.2872.
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 (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 to Sec. 63.2840 through
direct contact with an organic solvent, such as a hexane isomer blend.
(ii) A major source of HAP emissions 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 (4) 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.
(4) It functions only as a research and development facility and is
not a major source.
(c) As listed in Sec. 63.1(c)(5) of the General Provisions, if your
HAP emissions increase such that you become a major source, then you
are subject to all of the requirements of this subpart.
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 a new source in accordance with the criteria in Table 1 of
this section, as follows:
[[Page 19012]]
Table 1 to 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 (i) reconstruction remains an
defined in Sec. 63.2, on or was part of a existing source.
after May 26, 2000. scheduled plan to
comply with the
existing source
requirements of
this subpart; and.
(ii)
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.
(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 requirements of this subpart. The effect
of reconstruction on the categorization of your existing and new
affected source is described in paragraphs (b)(1) and (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 (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 this subpart 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
------------------------------------------------------------------------
Then your
If your affected source is And if... compliance date
categorized as... is...
------------------------------------------------------------------------
(a) an existing source.......... .................. 3 years after the
effective date of
this subpart.
(b) a new source................ you startup your the effective date
affected source of this subpart.
before the
effective date of
this subpart.
(c) 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:
[[Page 19013]]
[GRAPHIC] [TIFF OMITTED] TR12AP01.001
(2) Equation 1 of this section can also be expressed as a function
of total solvent loss as shown in Equation 2 of this section. Equation
2 of this section follows:
[GRAPHIC] [TIFF OMITTED] TR12AP01.002
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 New
sources sources
------------------------------------------------------------------------
(i) Corn Germ, Wet Milling..... processes corn 0.4 0.3
germ that has
been separated
from other corn
components using
a ``wet''
process of
centrifuging a
slurry steeped
in a dilute
sulfurous acid
solution.
(ii) Corn Germ, Dry Milling.... processes corn 0.7 0.7
germ that has
been separated
from the other
corn components
using a ``dry''
process of
mechanical
chafing and air
sifting.
(iii) Cottonseed, Large........ processes 120,000 0.5 0.4
tons or more of
a combination of
cottonseed and
other listed
oilseeds during
all normal
operating
periods in a 12
operating month
period.
(iv) Cottonseed, Small......... processes less 0.7 0.4
than 120,000
tons of a
combination of
cottonseed and
other listed
oilseeds during
all normal
operating
periods in a 12
operating month
period.
(v) Flax....................... processes flax... 0.6 0.6
(vi) Peanuts................... processes peanuts 1.2 0.7
(vii) Rapeseed................. processes 0.7 0.3
rapeseed.
(viii) Safflower............... processes 0.7 0.7
safflower.
(ix) Soybean, Conventional..... uses a 0.2 0.2
conventional
style
desolventizer to
produce crude
soybean oil
products and
soybean animal
feed products.
(x) Soybean, Specialty......... uses a special 1.7 1.5
style
desolventizer to
produce soybean
meal products
for human and
animal
consumption.
(xi) Soybean, Combination Plant processes 0.25 0.25
with Low Specialty Production. soybeans in both
specialty and
conventional
desolventizers
and the quantity
of soybeans
processed in
specialty
desolventizers
during normal
operating
periods is less
than 3.3 percent
of total
soybeans
processed during
all normal
operating
periods in a 12
operating month
period. The
corresponding
solvent loss
factor is an
overall value
and applies to
the total
quantity of
soybeans
processed..
(xii) Sunflower................ processes 0.4 0.3
sunflower.
------------------------------------------------------------------------
(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.
[[Page 19014]]
(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 of 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.
Compliance Requirements
Sec. 63.2850 How do I comply with the hazardous air pollutant 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 SSM reports in accordance with Sec. 63.2861(c).
(iii) Immediate SSM 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 (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 (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) of this section 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) of this
section 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 (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.
(2) Malfunction period. Throughout the malfunction period, you must
meet all of the requirements listed in
[[Page 19015]]
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. Table 1 of
this section follows:
Table 1 of Sec. 63.2850.--Requirements for Compliance with HAP Emission Standards
----------------------------------------------------------------------------------------------------------------
For initial startup
For periods of normal periods subject to Sec. For malfunction periods
Are you required to . . . operation? 63.2850(c)(2) or (d)(2)? subject to Sec.
63.2850(e)(2)?
----------------------------------------------------------------------------------------------------------------
(a) Operate and maintain your No, your source is not Yes, throughout the Yes, throughout the
source in accordance with your SSM subject to the SSM entire initial startup entire malfunction
plan as described in Sec. plan, but rather the period. period.
63.2852?. HAP emission limits
of this standard.
(b) Determine and record the Yes, as described in Yes, as described in Yes, as described in Sec.
extraction solvent loss in gallons Sec. 63.2853. Sec. 63.2862(e). 63.2862(e).
from your source?.
(c) Record the volume fraction of Yes................... Yes..................... Yes.
HAP present at greater than 1
percent by volume and gallons of
extraction solvent in shipment
received?.
(d) Determine and record the tons Yes, as described in No...................... No.
of each oilseed type processed by Sec. 63.2855.
your source?.
(e) Determine the weighted average Yes................... No. Except for solvent No, the HAP volume
volume fraction of HAP in received by a new or fraction in any solvent
extraction solvent received as reconstructed source received during a
described in Sec. 63.2854 by the commencing operation malfunction period is
end of the following calendar under an initial included in the weighted
month?. startup period, the HAP average HAP
volume fraction in any determination for the
solvent received during next operating month.
an initial startup
period is included in
the weighted average
HAP determination for
the next operating
month.
(f) Determine and record the actual Yes,.................. No, these requirements No, these requirements
solvent loss, weighted average are not applicable are not applicable
volume fraction HAP, oilseed because your source is because your source is
processed and compliance ratio for not required to not required to
each 12 operating month period as determine the determine the compliance
described in Sec. 63.2840 by the compliance ratio with ratio with data recorded
end of the following calendar data recorded for an for a malfunction
month?. initial startup period. period.
(g) Submit a Notification of Yes, as described in No. However, you may be No. However, you may be
Compliance Status or Annual Secs. 63.2860(d) and required to submit an required to submit an
Compliance Certification as 63.2861(a). annual compliance annual compliance
appropriate?. certification for certification for
previous operating previous operating
months, if the deadline months, if the deadline
for the annual for the annual
compliance compliance certification
certification happens happens to occur during
to occur during the the malfunction period.
initial startup period.
(h) Submit a Deviation Notification Yes................... No, these requirements No, these requirements
Report by the end of the calendar are not applicable are not applicable
month following the month in which because your source is because your source is
you determined that the compliance not required to not required to
ratio exceeds 1.00 as described in determine the determine the compliance
Sec. 63.2861(b)?. compliance ratio with ratio with data recorded
data recorded for an for a malfunction
initial startup period. period.
(i) Submit a Periodic SSM Report as No, a SSM activity is Yes..................... Yes.
described in Sec. 63.2861(c)?. not categorized as
normal operation.
(j) Submit an Immediate SSM Report No, a SSM activity is Yes, only if your source Yes, only if your source
as described in Sec. 63.2861(d)?. not categorized as does not follow the SSM does not follow the SSM
normal operation. plan. plan.
----------------------------------------------------------------------------------------------------------------
Table 2 of Sec. 63.2850.--Schedules for Demonstrating Compliance Under Various Source Operating Modes
----------------------------------------------------------------------------------------------------------------
You must determine
your first Base your first
and is operating then your compliance ratio compliance ratio
If your source is . . . under. . . recordkeeping by the end of the on information
schedule. . . calendar month recorded. . .
following. . .
----------------------------------------------------------------------------------------------------------------
(a) Existing.................... Normal operation.. Begins on the The first 12 During the first
compliance date. operating months 12 operating
after the months after the
compliance date. compliance date.
[[Page 19016]]
(b) New......................... (1) Normal Begins on the The first 12 During the first
operation. startup date of operating months 12 operating
your new source. after the startup months after the
date of the new startup date of
source. the new source.
(2) An initial Begins on the The first 12 During the first
startup period. startup date of operating months 12 operating
your new source. after termination months after the
of the initial initial startup
startup period, period, which can
which can last last for up to 6
for up to 6 months.
months.
(c) Existing or new that has (1) Normal Resumes on the The first During the
been significantly modified. operation. startup date of operating month previous 11
the modified after the startup operating months
source. date of the prior to the
modified source. significant
modification and
the first
operating month
following the
initial startup
date of the
source.
(2) An initial Resumes on the The first During the 11
startup period. startup date of operating month operating months
the modified after termination before the
source. of the initial significant
startup period, modification and
which can last up the first
to 3 months. operating month
after the initial
startup period.
----------------------------------------------------------------------------------------------------------------
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 (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) 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) When each measurement will be made.
(5) 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) Example logs of how data will be recorded.
(7) A plan to ensure that the data continue to meet compliance
demonstration needs.
(b) The responsible agency of these NESHAP 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 SSM plan in accordance with
Sec. 63.6(e)(3) 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
(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 these NESHAP.
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,
[[Page 19017]]
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 (7) 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. If, prior to the
effective date of this rule, your source determines the solvent loss on
an accounting month, as defined in Sec. 63.2872, rather than a calendar
month basis, and you have 12 complete accounting months of
approximately equal duration in a calendar year, you may substitute the
accounting month time interval for the calendar month time interval. If
you choose to use an accounting month rather than a calendar month, you
must document this measurement frequency selection in your plan for
demonstrating compliance, and you must remain on this schedule unless
you request and receive written approval from the agency responsible
for these NESHAP.
(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:
Table 1 of Sec. 63.2853.--Categorizing Your Source Operating Status
------------------------------------------------------------------------
then your source operating
If during a recorded time interval . . status is . . .
-------------------.----------------------------------------------------
(i) Your source processes any amount of A normal operating period.
listed oilseed and source is not
operating under an initial startup
operating period or a malfunction
period subject to Sec. 63.2850(c)(2),
(d)(2), or (e)(2).
(ii) Your source processes no A nonoperating period.
agricultural product and your source
is not operating under an initial
startup period or malfunction period
subject to Sec. 63.2850(c)(2),
(d)(2), or (e)(2).
(iii) You choose to operate your source An initial startup period.
under an initial startup period
subject to Sec. 63.2850(c)(2) or
(d)(2).
(iv) You choose to operate your source A malfunction period.
under a malfunction period subject to
Sec. 63.2850(e)(2).
(v) Your source processes agricultural An exempt period.
products 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 (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 that enter the control device and are 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. The design evaluations must be based on the procedures and
options described in Sec. 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 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
[[Page 19018]]
measurement devices such as fan parameters, percent measurements of
lower explosive limits, 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] TR12AP01.003
Where:
SOLVB = Gallons of solvent in the inventory at the beginning
of normal operating period ``i'' as determined in paragraph (a)(3) of
this section.
SOLVE = Gallons of solvent in the inventory at the end of
normal operating period ``i'' as determined in paragraph (a)(3) of this
section.
SOLVR = Gallons of solvent received between the beginning
and ending inventory dates of normal operating period ``i'' as
determined in paragraph (a)(4) of this section.
SOLVA = Gallons of solvent added or removed from the
extraction solvent inventory during normal operating period ``i'' as
determined in paragraph (a)(5) of this section.
n = Number of normal operating periods in a calendar month.
(c) The actual solvent loss is the total solvent losses during
normal operating periods for the previous 12 operating months. You
determine your actual solvent loss by summing the monthly actual
solvent losses for the previous 12 operating months. You must record
the actual solvent loss by the end of each calendar month following an
operating month. Use the actual solvent loss in Equation 2 of
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
(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 of 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 material in each delivery of solvent, 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
or a manufacturer's certificate of analysis. A certificate of analysis
is a legal and binding document provided by a solvent manufacturer. The
purpose of a certificate of analysis is to list the test methods and
analytical results that determine chemical properties of the solvent
and the volume percentage of all HAP components present in the solvent
at quantities greater than 1 percent by volume. 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:
[[Page 19019]]
[GRAPHIC] [TIFF OMITTED] TR12AP01.004
Where:
Receivedi = Gallons of extraction solvent received in
delivery ``i.''
Contenti = The volume fraction of HAP in extraction solvent
delivery ``i.''
Total Received = Total gallons of extraction solvent received since the
end of the previous operating month.
n = Number of extraction solvent deliveries since the end of the
previous operating month.
(3) Determine the volume fraction of HAP in your extraction solvent
as a 12 operating months weighted average. When your source has
processed oilseed for 12 operating months, sum the products of the
monthly weighted average HAP volume fraction and corresponding volume
of solvent received, and divide the sum by the total volume of solvent
received for the 12 operating months, as expressed by Equation 2 of
this section. Record the result by the end of each calendar month
following an operating month and use it in Equation 2 of Sec. 63.2840
to determine the compliance ratio. Equation 2 of this section follows:
[GRAPHIC] [TIFF OMITTED] TR12AP01.005
Where:
Receivedi = Gallons of extraction solvent received in
operating month ``i'' as determined in accordance with
Sec. 63.2853(a)(4).
Contenti = Average volume fraction of HAP in extraction
solvent received in operating month ``i'' as determined in accordance
with paragraph (b)(1) of this section.
Total Received = Total gallons of extraction solvent received during
the previous 12 operating months.
Sec. 63.2855 How do I determine the quantity of oilseed processed?
All oilseed measurements must be determined on an as received
basis, as defined in Sec. 63.2872. The as received basis refers to the
oilseed chemical and physical characteristics as initially received by
the source and prior to any oilseed handling and processing. By the end
of each calendar month following an operating month, you must determine
the tons as received 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 as received 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. If, prior to the effective date of this rule, your source
determines the oilseed inventory on an accounting month rather than a
calendar month basis, and you have 12 complete accounting months of
approximately equal duration in a calendar year, you may substitute the
accounting month time interval for the calendar month time interval. If
you choose to use an accounting month rather than a calendar month, you
must document this measurement frequency selection in your plan for
demonstrating compliance, and you must remain on this schedule unless
you request and receive written approval from the agency responsible
for these NESHAP. 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 on an as
received basis 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 on-site
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) of this section:
(i) Oilseed that mold or otherwise become unsuitable for
processing.
(ii) Oilseed you sell before it enters the processing operation.
[[Page 19020]]
(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] TR12AP01.000
Where:
SEEDB = Tons of oilseed in the inventory at the beginning of
normal operating period ``i'' as determined in accordance with
paragraph (a)(3) of this section.
SEEDE = Tons of oilseed in the inventory at the end of
normal operating period ``i'' as determined in accordance with
paragraph (a)(3) of this section.
SEEDR = Tons of oilseed received during normal operating
period ``i'' as determined in accordance with paragraph (a)(4) of this
section.
SEEDA = Tons of oilseed added or removed from the oilseed
inventory during normal operating period ``i'' as determined in
accordance with paragraph (a)(5) of this section.
n = Number of normal operating periods in the calendar month during
which this type oilseed was processed.
(c) The quantity of each oilseed processed is the total tons of
each type of listed oilseed processed during normal operating periods
in the previous 12 operating months. You determine the tons of each
oilseed processed by summing the monthly quantity of each oilseed
processed for 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:
(1) Nonoperating periods as described in Sec. 63.2853 (a)(2)(ii).
(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).
(5) 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.
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 agency responsible for
these NESHAP 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, 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. 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 (2) of this section:
(1) The application for approval of construction does not require
the specific HAP emission data required in Sec. 63.5(d)(1)(ii)(H) and
(iii), (d)(2) and (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 (2) of this section:
(1) Initial notification. You must submit an initial notification
to the agency responsible for these NESHAP 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 (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
[[Page 19021]]
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 the effective date 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 agency responsible
for these NESHAP 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 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 (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 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 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 (ii) 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. 63.2840(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 (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 listed 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
agency responsible for these NESHAP does not object as provided in
Sec. 63.10(e)(3)(iii).
(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 (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 (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 (d)(2) or a malfunction
period subject to Sec. 63.2850(e)(2) differently from procedures in the
SSM plan, then you
[[Page 19022]]
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
(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 of
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 the Sec. 63.2850(c)(2) or (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 (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 listed 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, malfunction period, or exempt
operation for each recorded time interval. On the log for each type of
listed oilseed that is not being processed during a normal operating
period, you must record which type of listed oilseed is being processed
in addition to the source operating status.
(iii) The oilseed inventory for the type of listed oilseed being
processed on the beginning and ending dates of each normal operating
period.
(iv) The tons of each type of listed oilseed received at the
affected source each normal operating period.
(v) All listed 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 listed oilseed processed during each
operating month.
(d) After your source has processed listed oilseed for 12 operating
months, and you are not operating during an initial startup period as
described in Sec. 63.2850(c)(2) or (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 months 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 listed
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 of Sec. 63.2840, calculate
the compliance ratio using Equation 2 of 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 (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).
(b) As specified in Sec. 63.10(b)(1), 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. 3.10(b)(1). You can
keep the records off-site 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
[[Page 19023]]
Sec. Sec. 63.1 through 63.15 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 Applies to
General provisions citation citation of requirement subpart Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1..................... Applicability.... Initial Yes.............. ......................
applicability
determination;
applicability
after standard
established;
permit
requirements;
extensions;
notifications.
Sec. 63.2..................... Definitions...... Definitions for Yes.............. Except as specifically
part 63 provided in this
standards. subpart.
Sec. 63.3..................... Units and Units and Yes..............
abbreviations. abbreviations
for part 63
standards.
Sec. 63.4..................... Prohibited Prohibited Yes.............. ......................
activities and activities;
circumvention. compliance date;
circumvention;
severability.
Sec. 63.5..................... Construction/ Applicability; Yes.............. Except for subsections
reconstruction. applications; of Sec. 63.5 as
approvals. listed below.
Sec. 63.5(c).................. [Reserved]....... ................. ................. ......................
Sec. 63.5(d)(1)(ii)(H)........ Application for Type and quantity No............... All sources emit HAP.
approval. of HAP, Subpart GGGG does not
operating require control from
parameters. specific emission
points.
Sec. 63.5(d)(1)(ii)(I)........ [Reserved]....... ................. ................. ......................
Sec. 63.5(d)(1)(iii), (d)(2), ................. Application for No............... The requirements of
(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.
Sec. 63.6..................... Applicability of Applicability.... Yes.............. Except for subsections
General of Sec. 63.6 as
Provisions. listed below.
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.
Sec. 63.6(b)(6)............... [Reserved]....... ................. ................. ......................
Sec. 63.6(c)(3)-(4)........... [Reserved]....... ................. ................. ......................
Sec. 63.6(d).................. [Reserved]....... ................. ................. ......................
Sec. 63.6(e).................. Operation and ................. Yes.............. Implement your SSM
maintenance plan, as specified in
requirements. Sec. 63.2851.
Sec. 63.6(f)-(g).............. Compliance with Comply with No............... Subpart GGGG does not
nonopacity emission have nonopacity
emission standards at all requirements.
standards except times except
during SSM. during SSM.
Sec. 63.6(h).................. Opacity/Visible ................. No............... Subpart GGGG has no
emission (VE) opacity or VE
standards. standards.
Sec. 63.6(i).................. Compliance Procedures and Yes.............. ......................
extension. criteria for
responsible
agency to grant
compliance
extension.
Sec. 63.6(j).................. Presidential President may Yes.............. ......................
compliance exempt source
exemption. category from
requirement to
comply with
subpart.
Sec. 63.7..................... Performance Schedule, Yes.............. Subpart GGGG requires
testing conditions, performance testing
requirements. notifications only if the source
and procedures. 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.
[[Page 19024]]
Sec. 63.8..................... Monitoring ................. No............... Subpart GGGG does not
requirements. require monitoring
other than as
specified therein.
Sec. 63.9..................... Notification Applicability and Yes.............. Except for subsections
requirements. state delegation. of Sec. 63.9 as
listed below.
Sec. 63.9(b)(2)............... Notification Initial No............... Section 63.2860(a) of
requirements. notification subpart GGGG
requirements for specifies the
existing sources. requirements of the
initial notification
for existing sources.
Sec. 63.9(b)(3)-(5)........... Notification Notification Yes.............. Except the information
requirements. requirement for requirements differ
certain new/ as described in Sec.
reconstructed 63.2860(b) of subpart
sources. GGGG.
Sec. 63.9(e).................. Notification of Notify Yes.............. Applies only if
performance test. responsible performance testing
agency 60 days is performed.
ahead.
Sec. 63.9(f).................. Notification of Notify No............... Subpart GGGG has no
VE/opacity responsible opacity or VE
observations. agency 30 days standards.
ahead.
Sec. 63.9(g).................. Additional Notification of No............... Subpart GGGG has no
notifications performance CMS requirements.
when using a evaluation;
continuous Notification
monitoring using COMS data;
system (CMS). notification
that exceeded
criterion for
relative
accuracy.
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.
Sec. 63.10.................... Recordkeeping/ Schedule for Yes.............. Except for subsections
reporting. reporting, of Sec. 63.10 as
record storage. listed below.
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.
Sec. 63.10(b)(2)(ii)-(iii).... Recordkeeping.... Malfunction of No............... Applies only if air
air pollution pollution control
equipment. equipment has been
added to the process
and is necessary for
the source to meet
the emission limit.
Sec. 63.10(b)(2)(vi).......... Recordkeeping.... CMS recordkeeping No............... Subpart GGGG has no
CMS requirements.
Sec. 63.10(b)(2)(viii)-(ix)... Recordkeeping.... Conditions of Yes.............. Applies only if
performance test. performance tests are
performed. Subpart
GGGG does not have
any CMS opacity or VE
observation
requirements.
Sec. 63.10(b)(2)(x)-(xii)..... Recordkeeping.... CMS, performance No............... Subpart GGGG does not
testing, and require CMS.
opacity and VE
observations
recordkeeping.
Sec. 63.10(c)................. Recordkeeping.... Additional CMS No............... Subpart GGGG does not
recordkeeping. require CMS.
Sec. 63.10(d)(2).............. Reporting........ Reporting Yes.............. Applies only if
performance test performance testing
results. is performed.
Sec. 63.10(d)(3).............. Reporting........ Reporting opacity No............... Subpart GGGG has no
or VE opacity or VE
observations. standards.
Sec. 63.10(d)(4).............. Reporting........ Progress reports. Yes.............. Applies only if a
condition of
compliance extension
exists.
Sec. 63.10(d)(5).............. Reporting........ SSM reporting.... No............... Section 63.2861(c) and
(d) specify SSM
reporting
requirements.
Sec. 63.10(e)................. Reporting........ Additional CMS No............... Subpart GGGG does not
reports. require CMS.
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.
Sec. 63.12.................... State authority State authority Yes.............. ......................
and delegations. to enforce
standards.
Sec. 63.13.................... State/regional Addresses where Yes.............. ......................
addresses. reports,
notifications,
and requests are
sent.
Sec. 63.14.................... Incorporation by Test methods Yes.............. ......................
reference. incorporated by
reference.
Sec. 63.15.................... Availability of Public and Yes.............. ......................
information and confidential
confidentiality. information.
----------------------------------------------------------------------------------------------------------------
[[Page 19025]]
Sec. 63.2871 Who implements and enforces this subpart?
(a) This subpart can be implemented 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, as well as the U.S. EPA, has the
authority to implement and enforce this subpart. You should contact
your U.S. EPA Regional Office to find out if this subpart 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 section 40 CFR part
63, subpart E, the authorities contained in paragraph (c) of this
section are retained by the Administrator of the 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.
Sec. 63.2872 What definitions apply to this subpart?
Terms used in this subpart are defined in the sources listed:
(a) The Clean Air Act, section 112(a).
(b) In 40 CFR 63.2, the NESHAP General Provisions.
(c) In this section as follows:
Accounting month means a time interval defined by a business firm
during which corporate economic and financial factors are determined on
a consistent and regular basis. An accounting month will consist of
approximately 4 to 5 calendar weeks and each accounting month will be
of approximate equal duration. An accounting month may not correspond
exactly to a calendar month, but 12 accounting months will correspond
exactly to a calendar year.
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 listed 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 of 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.
As received is the basis upon which all oilseed measurements must
be determined and refers to the oilseed chemical and physical
characteristics as initially received by the source and prior to any
oilseed handling and processing.
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 effective 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 of 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 (d)(2) initial startup period or
the Sec. 63.2850(e)(2) malfunction period applies, are excluded from
this calculation. Equation 2 of Sec. 63.2840 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 April 12, 2001.
Initial startup date means the first calendar day that a new,
reconstructed or significantly modified source processes any listed
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 (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
[[Page 19026]]
during all normal operating periods in a 12 operating months period
used to determine compliance.
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 (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 (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 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. The solvent loss factors are
presented in Table 1 of Sec. 63.2840 and are used to determine the
allowable HAP loss.
Operating month means any calendar or accounting month in which a
source processes any quantity of listed oilseed, excluding any entire
calendar or accounting month in which the source operated under an
initial startup period as described in Sec. 63.2850(c)(2) or (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;
(3) The fixed capital cost of the new equipment does not constitute
reconstruction as defined in Sec. 63.2; and
(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 months
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. 01-8801 Filed 4-11-01; 8:45 am]
BILLING CODE 6560-50-P