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

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[Federal Register: May 26, 2000 (Volume 65, Number 103)]
[Proposed Rules]
[Page 34251-34275]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my00-37]

[[Page 34251]]

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Part II

Environmental Protection Agency

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40 CFR Part 63

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

[[Page 34252]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-6703-4]
RIN 2060-AH22

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This action proposes national emission standards for hazardous
air pollutants (NESHAP) for solvent extraction for vegetable oil
production. This industry is comprised of facilities that produce crude
vegetable oil and meal products by removing oil from listed oilseeds
through direct contact with an organic solvent. The EPA has identified
solvent extraction for vegetable oil production processes as major
sources of a single hazardous air pollutant (HAP), n-hexane.
The EPA does not consider n-hexane classifiable as a human
carcinogen. However, short-term exposure to high levels of n-hexane is
reported to cause reactions such as irritations, dizziness, headaches,
and nausea. Long-term exposure can cause permanent nerve damage.
This proposed rule will require all existing and new solvent
extraction for vegetable oil production processes that are major
sources (have the potential to emit 10 tons per year (tpy) or more of
n-hexane) to meet HAP emission standards reflecting the application of
the maximum achievable control technology (MACT). The EPA estimates
that this proposed rule will reduce nationwide emissions of n-hexane
from solvent extraction for vegetable oil production processes by
approximately 6,800 tons per year (tpy). The emissions reductions
achieved by these NESHAP, when combined with the emissions reductions
achieved by other similar standards, will provide protection to the
public and achieve a primary goal of the Clean Air Act (CAA).

DATES:
Comments. Submit comments on or before July 25, 2000.
Public Hearing. If anyone contacts the EPA requesting to speak at a
public hearing by June 15, 2000, a public hearing will be held on June
26, 2000.

ADDRESSES:
Comments. Submit written comments (in duplicate if possible) to:
Air and Radiation Docket and Information Center (6102), Attention
Docket Number A-97-59, Room M-1500, U.S. Environmental Protection
Agency, 1200 Pennsylvania Avenue, NW, Washington, DC 20460. The EPA
requests a separate copy also be sent to the contact person listed in
FOR FURTHER INFORMATION CONTACT. Be sure to include the docket number,
A-97-59, on your comments.
Public Hearing. If a public hearing is held, it will be held at
10:00 a.m. in the EPA's Office of Administration Auditorium, Research
Triangle Park, North Carolina, or at an alternate site nearby.
Docket. Docket No. A-97-59 contains supporting information used in
developing the standards. The docket is located at the U.S.
Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460
in room M-1500, Waterside Mall (ground floor), and may be inspected
from 8:30 a.m. to 5:30 p.m., Monday through Friday, excluding legal
holidays.

FOR FURTHER INFORMATION CONTACT: Mr. James F. Durham, Waste & Chemical
Processes Group, Emission Standards Division, (MD-13), U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number (919) 541-5672; facsimile number (919) 541-
0246; electronic mail address ``durham.jim@epa.gov.''

SUPPLEMENTARY INFORMATION:
Comments. Comments and data may be submitted by electronic mail (e-
mail) to: a-and-r-docket@epamail.epa.gov. Comments submitted by e-mail
must be submitted as an ASCII file to avoid the use of special
characters and encryption problems. Comments will also be accepted on
disks in WordPerfect version 5.1, 6.1, or 8 file format. All
comments and data submitted in electronic form must note the docket
number: A-97-59. No confidential business information (CBI) should be
submitted by e-mail. Electronic comments may be filed online at many
Federal Depository Libraries.
Commenters wishing to submit proprietary information for
consideration must clearly distinguish such information from other
comments and clearly label it as CBI. Send submissions containing such
proprietary information directly to the following address, and not to
the public docket, to ensure that proprietary information is not
inadvertently placed in the docket: Attention: Mr. James F. Durham, c/o
OAQPS Document Control Officer (Room 740B), U.S. Environmental
Protection Agency, 411 W. Chapel Hill Street, Durham, NC 27701. The EPA
will disclose information identified as CBI only to the extent allowed
by the procedures set forth in 40 CFR part 2, subpart B. If no claim of
confidentiality accompanies a submission when it is received by the
EPA, the information may be made available to the public without
further notice to the commenter.
Public Hearing. A request for a public hearing must be made by the
date specified under the DATES section. Persons interested in
presenting oral testimony or inquiring as to whether a hearing is to be
held should contact Mr. James F. Durham via the information listed
under FOR FURTHER INFORMATION CONTACT at least 2 days in advance of the
public hearing. Persons interested in attending the public hearing must
also call Mr. James F. Durham to verify the time, date, and location of
the hearing. The public hearing will provide interested parties the
opportunity to present data, views, or arguments concerning these
proposed emission standards.
Docket. The docket is an organized and complete file of all the
information considered in the development of this rulemaking. The
docket is a dynamic file because material is added throughout the
rulemaking process. The docketing system is intended to allow members
of the public and industries involved to readily identify and locate
documents so that they can effectively participate in the rulemaking
process. Along with the proposed and promulgated standards and their
preambles, the contents of the docket will serve as the record in the
case of judicial review. (See section 307(d)(7)(A) of the CAA.) The
regulatory text and other materials related to this rulemaking are
available for review in the docket or copies may be mailed on request
from the Air Docket by calling (202) 260-7548. A reasonable fee may be
charged for copying docket materials.
World Wide Web (WWW). In addition to being available in the docket,
an electronic copy of today's proposed rule will also be available on
the WWW through the Technology Transfer Network (TTN). Following
signature, a copy of the rule will be posted on the TTN's policy and
guidance page for newly proposed or promulgated rules http://
www.epa.gov/ttn/oarpg. The TTN provides information and technology
exchange in various areas of air pollution control. If more information
regarding the TTN is needed, call the TTN HELP line at (919) 541-5384.
Regulated Entities. If your facility produces vegetable oil from
corn germ, cottonseed, flax, peanuts, rapeseed (for example, canola),
safflower, soybeans, or sunflower, it may be a ``regulated entity.''
Categories and entities

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potentially regulated by this action include:

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Category SIC code NAICS Examples of regulated entities
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Industry................................... 2074 311223 Cottonseed oil mills.
2075 311222 Soybean oil mills.
2076 311223 Other vegetable oil mills,
excluding soybeans and cottonseed
mills.
2079 311223 Other vegetable oil mills,
excluding soybeans and cottonseed
mills.
2048 311119 Prepared feeds and feed ingredients
for animals and fowls, excluding
dogs and cats.
2041 311221 Flour and other grain mill product
mills.
2046 311221 Wet corn milling.
Federal government......................... .............. .............. Not affected.
State/local/tribal government.............. .............. .............. Not affected.
----------------------------------------------------------------------------------------------------------------

This table is not intended to be exhaustive, but rather a guide
regarding entities likely to be regulated by this action. To determine
whether your facility is regulated by this action, you should examine
the applicability criteria in Sec. 63.2832 of the proposed rule. If you
have any questions regarding the applicability of this action to a
particular entity, consult the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
Outline. The information presented in this preamble is organized as
follows:

I. What is the subject and purpose of this rule?
A. What pollutant emissions will be reduced?
B. What are the health effects of these pollutants?
II. Am I subject to this rule?
III. Have these sources been regulated in the past?
IV. What procedures did we follow in developing the proposed rule?
V. What are the regulatory requirements for MACT?
VI. How was MACT determined?
VII. What are the proposed emission standards?
VIII. How do I demonstrate compliance?
IX. What are the recordkeeping requirements?
A. What is a plan for demonstrating compliance?
B. What is a startup, shutdown, and malfunction plan?
C. What data must I record?
X. What are the reporting requirements?
A. What notifications must I submit?
B. What reports must I submit?
XI. What are the environmental, energy, cost and economic impacts?
XII. What are the administrative requirements for this rule?
A. Executive Order 12866, Significant Regulatory Action
B. Executive Order 13132, Federalism
C. Executive Order 13084, Consultation and Coordination with
Indian Tribal Governments
D. Executive Order 13045, Protection of Children from
Environmental Health Risks and Safety Risks
E. Unfunded Mandates Reform Act of 1995
F. Regulatory Flexibility Act (RFA) as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5
U.S.C. 601 et seq.
G. Paperwork Reduction Act
H. National Technology Transfer and Advancement Act of 1995

I. What Is the Subject and Purpose of This Rule?

The CAA requires EPA to establish standards to control HAP
emissions from source categories listed under the authority of section
112(c) of the CAA. An initial source category list was published in the
Federal Register on July 16, 1992 (57 FR 31576), and it included the
``vegetable oil production'' source category. We have identified 106
existing facilities in the source category.
For purposes of the proposed rule, the title has been changed to
``solvent extraction for vegetable oil production'' to better describe
the effected population. The source category list will be amended to
reflect this name change in a separate action. For the remainder of
this preamble and in the regulatory text, solvent extraction for
vegetable oil production processes is called vegetable oil production
processes.
The purpose of the proposed rule is to reduce HAP emissions, namely
n-hexane, from major sources that produce vegetable oil. A major source
is one with the potential to emit at least 10 tpy of any one HAP or 25
tpy of any combined HAP. We estimate that all 106 of the existing
facilities are major sources of HAP emissions, and the baseline
emissions of n-hexane from this source category are approximately
27,400 tpy. We estimate the proposed rule will reduce baseline HAP
emissions from this source category by approximately 6,800 tpy (25
percent).

A. What Pollutant Emissions Will Be Reduced?

The predominate emissions from solvent extraction for vegetable oil
production processes include n-hexane (a HAP) and volatile organic
compounds (VOC). Currently, all existing solvent extraction for
vegetable oil production processes use a hexane-based extraction
solvent that consists primarily (on average 64 percent) of n-hexane,
the only HAP. The remaining portion of the solvent consists of hexane
isomers which are categorized as VOC. The proposed rule includes
requirements to specifically reduce emissions of n-hexane. The process
of controlling n-hexane emissions also reduces emissions of VOC.

B. What Are the Health Effects of These Pollutants?

Reported effects on humans from short-term exposure to high levels
of n-hexane include irritation of eyes, mucous membranes, throat and
skin, as well as impairment of the central nervous system (CNS)
including dizziness, giddiness, headaches, and slight nausea. Long-term
human exposure from inhalation is associated with a slowing of
peripheral nerve signal conduction which causes numbness in the
extremities and muscular weakness, as well as changes to the retina
which causes blurred vision. Animal exposures to n-hexane have resulted
in damage to nasal, respiratory tract, lung and peripheral nerve
tissues, as well as effects on the CNS. No information is available on
n-hexane effects on human reproduction or development. Limited
laboratory animal data indicate a potential for testicular damage in
adults, while several animal studies show no effect on fetal
development. Due to a lack of information for humans and inadequate
animal evidence, EPA does not consider n-hexane classifiable as to
human carcinogenicity.
We recognize that the degree of adverse effects to human health
from exposure to n-hexane can range from mild to severe. The extent and
degree to which the human health effects may be experienced is
dependent upon (1) the ambient concentration observed in the

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area (as influenced by emission rates, meteorological conditions, and
terrain); (2) the frequency of and duration of exposures; (3)
characteristics of exposed individuals (genetics, age, preexisting
health conditions, and lifestyle), which vary significantly with the
population; and (4) pollutant-specific characteristics (toxicity, half-
life in the environment, bioaccumulation, and persistence.)
The proposed rule reduces non-HAP VOC emissions as well. Emissions
of VOC have been associated with a variety of health and welfare
impacts. Volatile organic compound emissions, together with nitrogen
oxides, are precursors to the formation of tropospheric ozone, or smog.
Exposure to ambient ozone is responsible for a series of public health
impacts, such as alterations in lung capacity; eye, nose, and throat
irritation; nausea; and aggravation of existing respiratory disease.
Ozone exposure can also damage forests and crops.

II. Am I Subject to This Rule?

The proposed rule applies to you if you own or operate any facility
with a solvent extraction for vegetable oil production process that is
a major source of HAP emissions and processes any combination of listed
oilseed. Listed oilseeds refers only to the following agricultural
products: corn germ, cottonseed, flax, peanut, rapeseed (for example,
canola), safflower, soybean, or sunflower. A solvent extraction for
vegetable oil production process is defined in Sec. 63.2872 of the
proposed rule as the collection of continuous process equipment and
activities that produce crude vegetable oil and meal products by
removing oil from listed oilseeds through direct contact with an
organic solvent, such as a hexane isomer blend.

III. Have These Sources Been Regulated in the Past?

This is the first Federal regulation affecting air emissions from
solvent extraction for vegetable oil production processes.

IV. What Procedures Did We Follow in Developing the Proposed Rule?

First, we identified the types of emission points within the source
category that may potentially release HAP. A total of nine emission
points were identified including:

(1) Exhaust from the mineral oil adsorber system;
(2) Exhaust from the meal dryer vent;
(3) Exhaust from the meal cooler vent;
(4) Residual losses from crude meal;
(5) Residual losses from crude oil;
(6) Evaporative losses from equipment leaks;
(7) Solvent storage tanks;
(8) Process wastewater collection; and
(9) process startup/shutdowns.

It is not practical from a cost standpoint to quantify losses of
HAP from the individual emission points. However, total HAP emissions
from the entire source can be determined using records of deliveries
and inventories of solvent and oilseed. Thus, the regulatory format for
the proposed rule was selected as an emission limit expressed in terms
of gallons of HAP lost per ton of oilseed processed.
Next, we investigated possible differences in solvent retention
characteristics in the meal among oilseed types and process operations
which affect the achievable level of HAP emissions. Based on this
investigation, we established 12 performance standards for both
existing and new sources. The performance standards are based on the
regulatory requirements in the CAA which are described in the next
section. Finally, we developed procedures for determining regulatory
alternatives for existing and new sources.

V. What Are the Regulatory Requirements for MACT?

The CAA requires a NESHAP to reflect the maximum degree of
reduction in emissions of HAP that is achievable for new or existing
sources. We refer to this control level as the maximum achievable
control technology. The CAA also provides guidance on determining the
least stringent level allowed for a MACT standard, the ``MACT floor.''
For existing sources, MACT floor standards must be no less stringent
than the average emission limitation achieved by the best performing 12
percent of the existing sources, or by the best performing five sources
for source categories or subcategories with fewer than 30 sources. For
new sources, MACT floor standards must be no less stringent than the
emission control achieved in practice by the best controlled similar
source. Control levels more stringent than the MACT floor must reflect
consideration of the cost of achieving the emission reductions, any
nonair quality, health, and environmental impacts, and energy
requirements.

VI. How Was MACT Determined?

For this proposed rule, the MACT performance level is an emission
limit expressed in terms of gallons of HAP lost per ton of oilseed
processed over a 12-month compliance period. Each of the 12 performance
standards were determined from 2 years of monthly data relating solvent
losses (gal) to oilseed processing rates (tons).
To address variability observed in the 2 years of data used in the
MACT floor determinations, statistical procedures were applied. Varying
climatic patterns from year-to-year affect oilseed quality and solvent
retention characteristics which can directly affect facility
operations. Two years of emissions and process information is not
sufficient to characterize long-term impacts of climatic patterns on
oilseed quality. The never-to-be-exceeded format of these proposed MACT
standards required us to statistically examine variability over 2 years
and make adjustments to the HAP loss performance level of each source
to reflect long-term achievability.
For existing sources, the MACT floor for each of the 12 oilseed or
process operations was determined as the average of the HAP loss
performance levels corresponding to the top performing 12 percent of
sources (or the top five for oilseeds or operations with fewer than 30
sources). For new sources, the MACT floor was based on the performance
level corresponding to the top ranking source. The new source MACT
floors are the same or slightly more stringent than the corresponding
existing source MACT floors. More details on the MACT floor
determinations can be found in the memorandum entitled ``MACT Floor
Determinations for Existing and New Sources in the Vegetable Oil
Production Source Category'' (Docket No. A-97-59).
We also considered a regulatory alternative more stringent than the
MACT floor, but rejected it because of a significantly higher cost per
ton of emission reductions. This above-the-floor option would have
required a catalytic incinerator to control the HAP emissions in the
combined exhaust from the meal dryer and cooler vents. A fabric filter
would also be required to remove particulate matter in the exhaust
stream prior to entering the catalytic incinerator. At present, solvent
extraction for vegetable oil production processes have not installed
such emission controls on meal dryer or cooler vents. Thus, the MACT
floor performance level was determined to represent MACT for this
regulation.
More details on the above-the-floor analysis can be found in the
memorandum entitled ``Summary of Emission Reductions and Control Costs
Associated with Achieving the MACT Floor and a Control Option Above the
MACT Floor'' (Docket No. A-97-59).

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VII. What Are the Proposed Emission Standards?

Separate emission standards are proposed for each oilseed or
process operation because solvent retention in the meal differs for
each oilseed and process type. The emission standards are presented in
Table 1 in Sec. 63.2840 of the proposed rule.

VIII. How Do I Demonstrate Compliance?

To demonstrate compliance, you must perform the following:
(1) Develop a plan for demonstrating compliance per Sec. 63.2851 of
the proposed rule.
(2) Develop a startup, shutdown, and malfunction (SSM) plan per
Sec. 63.2852 of the proposed rule.
(3) Maintain monthly records of solvent loss, HAP content of
solvent received and quantity of oilseed type processed per
Sec. 63.2862(c) of the proposed rule.
(4) Comply with the standards for HAP losses as required in
Sec. 63.2840 of the proposed rule.
(5) Submit the necessary notifications per Sec. 63.2860 of the
proposed rule.
(6) Submit the necessary reports per Sec. 63.2861 of the proposed
rule.

IX. What Are the Recordkeeping Requirements?

A. What Is a Plan for Demonstrating Compliance?

Most vegetable oil production sources currently use reliable
methods to measure the solvent loss and the quantity of oilseed
processed. Therefore, today's proposed rule does not require you to
change the method of measurement, but does require you to document each
method of measurement and to consistently follow each documented
method. You must develop a plan for demonstrating compliance which
describes in detail how you will determine your solvent loss, HAP
content of solvent received, and the quantity of each oilseed type
processed. The plan for demonstrating compliance must be developed by
the compliance date and must be kept on site and available for
inspection as described in Secs. 63.2851 and 63.2862(b) of the proposed
rule.

B. What Is a Startup, Shutdown, and Malfunction Plan?

In accordance with the NESHAP General Provisions (40 CFR
63.6(e)(3)), you must develop a written startup, shutdown, and
malfunction (SSM) plan that describes the exact procedures you will
follow during each type of SSM to minimize HAP emissions. The SSM plan
must be developed by the compliance date and must be kept on site and
available for inspection as described in Secs. 63.2852 and 63.2862(b)
of the proposed rule. The SSM plan must be implemented during a
malfunction period or an initial startup period as described in
Sec. 62.2850 of the proposed rule.

C. What Data Must I Record?

You must record all of the data necessary to determine your
compliance ratio as described in Sec. 63.2862 of the proposed rule.
This includes all receipts and inventory records used to determine the
monthly solvent loss, the HAP content of each shipment of solvent
received, and the monthly quantity of oilseed processed. You must
record the starting and ending dates of each malfunction period and
initial startup period, and the activities during such periods to
demonstrate that the procedures in the SSM plan were followed during
each such period.
As described in Sec. 63.2863 of the proposed rule, your records
must be in a form suitable and readily available for review. You must
also keep each record for 5 years following the date of each
occurrence, measurement, maintenance, corrective action, report, or
record. Records must remain on site for at least 2 years and then can
be maintained offsite for the remaining 3 years.

X. What Are the Reporting Requirements?

A. What Notifications Must I Submit?

If you are an existing source, you must submit an ``initial
notification'' within 120 days after promulgation of the rule stating
whether you are a major or an area source of HAP and other information
listed under Sec. 63.2860 of the proposed rule. This initial submission
notifies the Administrator that you have an affected major source and
must comply with the rule as promulgated. These NESHAP does not apply
to area sources. If you are a new or reconstructed source, you must
make several notifications during the process of construction and
startup according to Sec. 63.9 of the General Provisions.
You must also submit a notification of compliance status no later
than 60 days after your initial compliance determination. For existing
sources, you would normally submit this notification 50 calendar months
after promulgation of the rule (3 years for compliance, 1 year or 12
operating months to record data, and 2 calendar months to complete the
report). For a new or reconstructed source, you normally submit this
notification 20 calendar months after initial startup (6 calendar
months for an initial startup period, 12 operating months to record
data, and 2 calendar months to complete the report). The notification
of compliance status identifies the source, lists the oilseed types
processed, and certifies that you are in compliance.

B. What Reports Must I Submit?

According to Sec. 63.2861 of the proposed rule, you are required to
submit an annual report certifying that your source is in compliance.
The first annual compliance certification is due 1 year, 12 calendar
months, after the notification of compliance status.
If your compliance ratio exceeds one, you must submit a deviation
notification report by the end of the month following the calendar
month in which you determined the deviation.
If you have a malfunction period or an initial startup period, as
described in Sec. 63.2850 of the proposed rule, you must submit a
periodic SSM report. If you followed the procedures in the SSM plan,
the periodic SSM report is due by the end of the following month and
certifies that the SSM plan was followed. You must also include in the
report a description of the initial startup or malfunction event and an
estimate of the solvent loss during the initial startup or malfunction
period, as described in Sec. 63.2861(c) of the proposed rule. If you
did not follow the procedures in the SSM plan, you must notify the
responsible agency within 2 days of the occurrence and submit an
immediate SSM report within 7 days as described in Sec. 63.2861(d) of
the proposed rule.

XI. What Are the Environmental, Energy, Cost and Economic Impacts?

We do not expect any significant secondary air emission,
wastewater, solid waste, or energy impacts resulting from the proposed
rule. The emissions reduction techniques that will be used to comply
with the NESHAP are pollution prevention technologies designed to
recover and recycle solvent. More details on the environmental and
energy impacts can be found in the memorandum entitled ``Summary of
Environmental and Energy Impacts'' (Docket No. A-97-59).
As shown in Table 1 of this preamble, the overall cost
effectiveness associated with the MACT floor level of control is $1,800
per ton of HAP. This level of control will reduce HAP emissions from
existing sources by approximately 6,800 tpy, a reduction of
approximately 25 percent.
Also shown in Table 1 of this preamble, we considered an option

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more stringent than the MACT floor which requires installation of a
fabric filter and catalytic incinerator. This option nearly doubles the
reduction of HAP emissions achieved by the MACT floor. However, the
cost effectiveness of the option above the MACT floor is approximately
$13,800 per ton of HAP reduced. The cost effectiveness associated with
the above-the-floor control option could be higher after considering
site-specific conditions which may result in additional design,
operating, and safety requirements that were not included in the model
costs listed in Table 1 of this preamble. Because of the significantly
higher cost per ton of emission reductions, we did not require control
more stringent than the MACT floor. More details on the MACT floor and
above-the-floor cost analysis can be found in the memorandum entitled
``Summary of Emission Reductions and Control Costs Associated with
Achieving the MACT Floor and a Control Option Above the MACT Floor''
(Docket No. A-97-59).

Table 1.--Summary of National Impacts for the Floor and Above-the-Floor Control Scenarios
--------------------------------------------------------------------------------------------------------------------------------------------------------
Emission reductions Annual Cost effectiveness
(tons/yr) Overall Total monitoring, Total ($/ton)
------------------------ emission capital recordkeeping, annual -----------------------
Control option reduction investment and reporting cost
VOC HAP (percent) (million $) cost (million (million $/ VOC HAP
$/yr) yr)
--------------------------------------------------------------------------------------------------------------------------------------------------------
MACT floor........................................ 10,600 6,800 25 29.7 4.4 12.4 1,200 1,800
Above MACT floor total ^a.......................... 20,900 13,400 49 134.7 6.6 185.0 8,900 13,800
--------------------------------------------------------------------------------------------------------------------------------------------------------
^a The above the MACT floor control option includes the installation of a fabric filter and a catalytic incinerator to control the HAP in the exhaust
from the meal dryer and cooler vents. The above the MACT floor total is the cumulative of impacts and costs associated with the MACT floor and the
additional controls. The costs associated with the above the MACT floor control option could be higher than the costs listed in Table 1 of this
preamble. Site-specific conditions at each source may result in additional design, operating, and safety requirements that were not included in the
above model costs.

The economic impacts of the proposed rule for the vegetable oil
industry are measured primarily in terms of market impacts. Market
impacts include estimates of changes in market price, market
production, industry annual revenues, and possible facility closures
that may result from the proposed rule. Other secondary market impacts
analyzed include potential labor market and international trade
impacts.
The proposed rule will potentially impose emission control costs on
facilities that use solvent extraction processes to extract oil from
oilseeds. Oilseed processors using mechanical extraction will not incur
emission control costs as a result of the proposed rule. In 1995, 31
companies operated 106 solvent extraction for vegetable oil production
processing facilities in the United States. These companies process
soybean, corn, cottonseed, and other seeds into oil, meal, and other
products. The other oilseeds include flaxseed, peanut, rapeseed,
safflower, and sunflower.
Emission control costs were estimated for each facility expected to
be affected by the proposed rule. Two regulatory alternatives were
analyzed; the MACT floor and a more stringent above-the-floor
alternative. The capital costs for the proposed rule, the MACT floor,
are estimated to be approximately $29.7 million, while national
annualized costs of $12.4 million are anticipated. By comparison, the
capital and annual cost estimates for the above-the-floor alternative
are $134.7 million and $185.0 million, respectively. All costs are
stated in 1995 dollars. The annualized cost estimates include: (1) The
costs of monitoring, reporting, and recordkeeping; (2) annualized lost
production costs; (3) operation and maintenance costs for the emission
control equipment, less the cost savings from reduced solvent
purchases; and (4) the annualized capital recovery for total capital
emission control investment.
Since capital costs relate to emission control equipment that will
be utilized over a period of years, this cost is annualized or
apportioned to each year of the anticipated equipment life. The annual
capital costs include annual depreciation of equipment plus the cost of
capital associated with financing the capital equipment over its useful
life. In addition, lost production costs are foregone profits and other
costs incurred when the plant shuts down to install new capital
equipment. These costs are a one time expense of the proposed rule and
are annualized over the same period as the capital equipment. A 7
percent discount rate or cost of capital is assumed for this proposed
rule. The annualized capital and lost production costs are combined
with annual operating and maintenance costs (less solvent recovery
credits) and recordkeeping, monitoring, and reporting costs to compute
the total annualized costs to comply with the proposed rule.
A financial ratio analysis estimating the ratio of emission control
costs to annual sales revenues (CSR) was conducted to determine the
financial impact of the proposed rule for facilities anticipated to
incur emission control costs. Annual facility revenues were estimated
by multiplying the average 1995 market price reported by the United
States Department of Agriculture by annual production levels for each
facility. The individual facility financial impacts are expected to be
minimal for the proposed regulatory alternative of the MACT floor. Of
the 106 facilities affected by the proposed rule, 105 are predicted to
have a facility CSR between 0 and 1 percent, and one facility has a CSR
between 1 and 2 percent. For the above-the-floor alternative, 21
facilities have a CSR between 0 and 1 percent, 39 have a CSR between 1
and 2 percent, and 46 have a CSR between 2 and 3 percent.
A market-based approach was also used to evaluate the economic
impacts of the proposed rule to producers and consumers of vegetable
oil and meal products. This approach assumes that producers have
choices when confronted with emission control costs. Producers must
make a decision of whether to continue producing these products and, if
so, the optimal level of production. The vegetable oil markets are
assumed to be perfectly competitive.
In general, the economic impacts of this proposed rule are expected
to be minimal with predicted price increases ranging from 0.14 percent
to 0.47 percent for individual products. Estimated domestic production
decreases resulting from the proposed rule range from 0.12 percent to
0.34 percent for all oil and meal products.

[[Page 34257]]

Revenues for the industry or the value of domestic shipments are
expected to increase 0.10 percent. This increase in industry revenues
results because the price elasticity of demand for vegetable oil and
meal products is inelastic. For products with inelastic demand, a price
increase leads to increases in revenues for the affected industry.
Individual facilities within the industry may experience revenue
increases or decreases, depending on their costs of production, but on
average the industry revenues are anticipated to increase slightly with
the proposed rule. No facilities are expected to close as a result of
the proposed rule. Labor market impacts and international trade impacts
are anticipated to be minimal also. More detailed information
concerning the economic impacts of the proposed solvent extraction for
vegetable oil production NESHAP can be found in the report entitled
``Economic Analysis of Air Pollution Regulations: Vegetable Oil
Industry'' (Docket No. A-97-59).

XII. What Are the Administrative Requirements for This Rule?

A. Executive Order 12866, Significant Regulatory Action

Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must
determine whether the regulatory action is ``significant'' and
therefore subject to review by the Office of Management and Budget
(OMB). The Executive Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that this proposed rule is not a
``significant regulatory action'' under the terms of Executive Order
12866 and is therefore not subject to OMB review.

B. Executive Order 13132, Federalism

Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' Under
Executive Order 13132, EPA may not issue a regulation that has
federalism implications, that imposes substantial direct compliance
costs, and that is not required by statute, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by State and local governments, or EPA consults with
State and local officials early in the process of developing the
proposed rule. The EPA also may not issue a regulation that has
federalism implications and that preempts State law unless EPA consults
with State and local officials early in the process of developing the
proposed rule.
If EPA complies by consulting, Executive Order 13132 requires EPA
to provide to the OMB, in a separately identified section of the
preamble to the rule, a federalism summary impact statement (FSIS). The
FSIS must include a description of the extent of EPA's prior
consultation with State and local officials, a summary of the nature of
their concerns and EPA's position supporting the need to issue the
regulation, and a statement of the extent to which the concerns of
State and local officials have been met. Also, when EPA transmits a
draft final rule with federalism implications to OMB for review
pursuant to Executive Order 12866, EPA must include a certification
from its Federalism Official stating that EPA has met the requirements
of Executive Order 13132 in a meaningful and timely manner.
This proposed rule will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132.
This is because the proposed rule applies to affected sources in the
vegetable oil production industry, not to States or local governments.
Nor will State law be preempted, or any mandates be imposed on States
or local governments. Thus, the requirements of section 6 of the
Executive Order do not apply to this proposed rule. The EPA notes,
however, that although not required to do so by this Executive Order
(or otherwise) it did consult with State governments during development
of this proposed rule.

C. Executive Order 13084, Consultation and Coordination With Indian
Tribal Governments

Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to the OMB, in a separately identified section
of the preamble to the rule, a description of the extent of EPA's prior
consultation with representatives of affected tribal governments, a
summary of the nature of their concerns, and a statement supporting the
need to issue the regulation. In addition, Executive Order 13084
requires EPA to develop an effective process permitting elected
officials and other representatives of Indian tribal governments ``to
provide meaningful and timely input in the development of regulatory
policies on matters that significantly or uniquely affect their
communities.''
Today's proposed rule does not significantly or uniquely affect the
communities of Indian tribal governments. No known vegetable oil
production facility is located within the jurisdiction of any tribal
government. Accordingly, the requirements of section 3(b) of Executive
Order 13084 do not apply to this rule.

D. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks

Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective

[[Page 34258]]

and reasonably feasible alternatives considered by the Agency.
This rule is not ``economically significant'' as defined under
Executive Order 12866. Further, EPA interprets Executive Order 13045 as
applying only to those regulatory actions that are based on health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
proposed rule is not subject to Executive Order 13045 because it
establishes an environmental standard based on available technology
rather than reduction of health risk. No children's risk analysis was
performed because no alternative technologies exist that would provide
greater stringency at a reasonable cost. Furthermore, this rule has
been determined not to be ``economically significant'' as defined under
Executive Order 12866.

E. Unfunded Mandates Reform Act of 1995

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and tribal governments, in
aggregate, or by the private sector, of $100 million or more in any 1
year. Before promulgating an EPA rule for which a written statement is
needed, section 205 of the UMRA generally requires the EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least-costly, most cost-effective, or least-burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows the EPA to adopt an alternative other than the
least-costly, most cost-effective, or least-burdensome alternative if
the Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before the EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
The EPA has determined that this proposed rule does not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local, and tribal governments, in the aggregate, or the
private sector in any 1 year. The maximum total annual cost of this
proposed rule for any 1 year has been estimated to be less than $15
million. Thus, today's proposed rule is not subject to the requirements
of sections 202 and 205 of the UMRA. In addition, EPA has determined
that this proposed rule contains no regulatory requirements that might
significantly or uniquely affect small governments because it contains
no requirements that apply to such governments or impose obligations
upon them. Therefore, today's proposed rule is not subject to the
requirements of section 203 of the UMRA.

F. Regulatory Flexibility Act (RFA), As Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.

The RFA generally requires an agency to conduct a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. The proposed solvent extraction for vegetable oil production
NESHAP will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small not-for-profit enterprises, and small governmental jurisdictions.
For this regulation, the impacted small entities are businesses,
and the Small Business Administration (SBA) defines the criteria used
to designate a business as small. The relevant small business criteria
are shown below.

Table 2.--Affected Industry Classification Codes and Small Business
Criteria for the Solvent Extraction for Vegetable Oil Production NESHAP
------------------------------------------------------------------------
Small business
SIC NAICS criteria (by SIC)
------------------------------------------------------------------------
2046--Wet Corn Milling.......... 311221--Wet Corn Fewer than 750
Milling. employees.
2041--Flour and Other Grain Mill 311221--Wet Corn Fewer than 500
Products. Milling. employees.
2074--Cottonseed Oil Mills...... 311223--Other Fewer than 500
Oilseed employees.
Processing.
2075--Soybean Oil Mills......... 311222--Soybean Fewer than 500
Processing. employees.
2076--Vegetable Oil Mills....... 311223--Other Fewer than 1,000
Oilseed employees.
Processing.
------------------------------------------------------------------------

Based upon these criteria, thirteen companies operating oilseed
processing facilities are small businesses. These small businesses
operated 16 vegetable oil processing facilities or 15 percent of the
solvent extraction facilities in operation during 1995. Twelve of these
17 facilities were cottonseed processing mills indicating that 50
percent of the 25 cottonseed processing facilities operating in 1995
were operated by small businesses.
The EPA analyzed the potential impact of the proposed rule on these
small entities. The EPA calculated the ratio of estimated annualized
emission control costs relative to baseline 1995 sales revenue for each
small company expected to be impacted by the proposed rule. While the
CSR has different significance for different market situations, it is a
good rough gauge of potential impact. If costs for the individual firm
(or group of firms) are completely passed on to the purchasers of the
good(s) being produced, the ratio is an estimate of the price increase
(in percentage form after multiplying the ratio by 100). If costs are
completely absorbed by the producer, this ratio is an estimate of the
decrease in pretax profits (in percentage form after multiplying the
ratio by 100). The distribution of cost to sales ratios across the
whole market, the competitiveness of the market, and profit to sales
ratios are among the obvious factors that may influence the
significance of any particular cost to sales ratio for an individual
facility. The mean or average CSR for small companies affected by the
proposed rule is 0.29 percent, with

[[Page 34259]]

range of CSR from a low of 0.04 percent to a high estimate of 0.86
percent. As a result of the increased costs of emission controls, these
firms will either likely increase the price of their products in
response to a market change in price, will absorb the cost increase
with no price increase, or will respond with a combination of these
responses. Since the estimated costs as a percentage of sales is
relatively minimal for the affected small oilseed processing companies,
it is anticipated that the proposed rule will not have a significant
impact on the affected companies' profitability.
Many cottonseed processing facilities are owned by small
businesses. Nine of the 25 cottonseed processing facilities have ceased
operation or are currently dormant subsequent to the baseline year of
1995. These factors prompted an additional analysis to determine
whether cottonseed processing facilities will experience significant
economic impacts as a result of the proposed rule. For this analysis,
the estimated costs of emission controls for an individual facility
were compared to the estimated 1995 sales revenue for that facility to
estimate facility-specific cost to sales ratios. A CSR exceeding 1
percent was determined to be an indicator of the potential for a
significant economic impact for cottonseed processing facilities. For
the eight cottonseed processing facilities currently operating that are
owned by small businesses, the average CSR is 0.39 percent with a high-
low range of 0.08 to 0.86 percent. These estimated costs as a percent
of sales are less than 1 percent indicating that significant economic
impacts are not likely for the cottonseed facilities owned by small
businesses as a result of the proposed rule. Thus, EPA has concluded
that this proposed rule will not have a significant impact on a
substantial number of small entities.

G. Paperwork Reduction Act

The information collection requirements in this proposed rule will
be submitted for approval to the OMB under the Paperwork Reduction Act,
44 U.S.C. 3501 et seq. An Information Collection Request (ICR) document
has been prepared by EPA (ICR No. 1947-01) and a copy may be obtained
from Sandy Farmer by mail at the U.S. Environmental Protection Agency,
Office of Environmental Information, Collection Strategies Division
(2822), 1200 Pennsylvania Avenue NW., Washington, DC 20460, by e-mail
at farmer.sandy@epa.gov, or by calling (202) 260-2740. A copy may also
be downloaded off the internet at http://www.epa.gov/icr. The
information requirements are not effective until OMB approves them.
The information requirements are based on notification,
recordkeeping, and reporting requirements in the NESHAP General
Provisions (40 CFR part 63, subpart A), which are mandatory for all
operators subject to national emission standards. These recordkeeping
and reporting requirements are specifically authorized by section 114
of the CAA (42 U.S.C. 7414). All information submitted to the EPA
pursuant to the recordkeeping and reporting requirements for which a
claim of confidentiality is made is safeguarded according to EPA
policies set forth in 40 CFR part 2, subpart B.
The total 3-year burden of monitoring, recordkeeping, and reporting
for this collection is estimated at 30,275 labor hours, and the annual
average burden is 10,092 labor hours for the affected facilities. There
are no required capital costs for the proposed solvent extraction for
vegetable oil production NESHAP. This estimate includes initial
notification(s), plan for demonstrating compliance, SSM plan,
notification of compliance status, monthly inventory recordkeeping,
monthly determination of the compliance ratio, annual compliance
certifications, deviation notification reports, periodic SSM reports,
and immediate SSM reports for each of the 106 existing sources and one
new source per year from proposal.
Burden means the total time, effort, or financial resources people
spend to generate, maintain, keep, or disclose to or for a Federal
agency. This includes the time needed to review instructions; develop,
acquire, install, and use technology and systems to collect, validate,
and verify information; process, maintain, disclose, and provide
information; adjust ways to comply with any previously applicable
instructions and requirements; train people to respond to a collection
of information; search data sources; collect and review information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are in 40 CFR part 9 and 48 CFR chapter 15.

H. National Technology Transfer and Advancement Act of 1995

Under section 12(d) of the National Technology Transfer and
Advancement Act (NTTAA) of 1995 (Publication L. No. 104-113), all
Federal agencies are required to use voluntary consensus standards in
their regulatory and procurement activities unless to do so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, business practices)
developed or adopted by one or more voluntary consensus bodies. The
NTTAA requires Federal agencies to provide Congress, through annual
reports to the Office of Management and Budget (OMB), with explanations
when an agency does not use available and applicable voluntary
consensus standards.
Consistent with the NTTAA, the EPA conducted a search for EPA's
Method 311 (Analysis of Hazardous Air Pollutant Compounds in Paints and
Coatings by Direct Injection into a Gas Chromatograph) and found no
candidate voluntary consensus standards for use in identifying n-
hexane. This proposal references the National Emission Standards for
Closed Vent Systems, Control Devices, Recovery Devices, and Routing to
a Fuel Gas System or a Process (Subpart SS). Since there are no new
technical standard requirements resulting from specifying Subpart SS in
this rule, and no candidate consensus standards were identified for EPA
Method 311 (n-hexane) in this proposal, EPA is not proposing/adopting
any voluntary consensus standards in this rulemaking.
EPA takes comment on proposed compliance demonstration requirements
proposed in this rulemaking and specifically invites the public to
identify potentially-applicable voluntary consensus standards.
Commentors should also explain why this regulation should adopt these
VCS's in lieu of EPA's standards. Emission test methods and performance
specifications submitted for evaluation should be accompanied with a
basis for the recommendation, including method validation data and the
procedure used to validate the candidate method (if method other than
Method 301, 40 CFR Part 63, Appendix A was used).
Section 63.2854(b)(1) of the proposed standard lists EPA Method
311. EPA Method 311 has been used by States and industry for
approximately five years. Nevertheless, under Sec. 63.7(f) of Subpart A
of this part, the proposal allows any State or source to apply to EPA
for permission to use an alternative method in lieu of EPA Method 311
listed in Sec. 63.2854(b)(1).

List of Subjects in 40 CFR Part 63

Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations,

[[Page 34260]]

Reporting and recordkeeping requirements.

Dated: May 12, 2000.
Carol M. Browner,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, part
63, of the Code of the Federal Regulations is proposed to be amended as
follows:

PART 63--[AMENDED]

1. The authority citation for part 63 continues to read as follows:

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

2. Part 63 is amended by adding subpart GGGG to read as follows:

Subpart GGGG--National Emission Standards for Hazardous Air
Pollutants: Solvent Extraction for Vegetable Oil Production

Sec.

What This Subpart Covers

63.2830 What is the purpose of this subpart?
63.2831 Where can I find definitions of key words used in this
subpart?
63.2832 Am I subject to this subpart?
63.2833 Is my source categorized as existing or new?
63.2834 When do I have to comply with the standards in this
subpart?

Standards

63.2840 What emission requirements must I meet?

Compliance Requirements

63.2850 How do I comply with the hazardous air pollutant (HAP)
emission standards?
63.2851 What is a plan for demonstrating compliance?
63.2852 What is a startup, shutdown, and malfunction plan?
63.2853 How do I determine the actual solvent loss?
63.2854 How do I determine the weighted average volume fraction of
HAP in the actual solvent loss?
63.2855 How do I determine the quantity of oilseed processed?

Notifications, Reports, and Records

63.2860 What notifications must I submit and when?
63.2861 What reports must I submit and when?
63.2862 What records must I keep?
63.2863 In what form and how long must I keep my records?

Other Requirements and Information

63.2870 What parts of the General Provisions apply to me?
63.2871 Who administers this subpart?
63.2872 What definitions apply to this subpart?

Subpart GGGG--National Emission Standards for Hazardous Air
Pollutants: Solvent Extraction for Vegetable Oil Production

What This Subpart Covers

Sec. 63.2830 What is the purpose of this subpart?

This subpart establishes national emission standards for hazardous
air pollutants (NESHAP) emitted during vegetable oil production. These
standards limit HAP emissions from specified vegetable oil production
processes. This subpart also establishes requirements to demonstrate
initial and continuous compliance with the emission standards.

Sec. 63.2831 Where can I find definitions of key words used in this
subpart?

You can find definitions of key words used in this subpart in the
sources listed in paragraphs (a) through (c) of this section:
(a) The Clean Air Act, section 112(a).
(b) The NESHAP General Provisions in Sec. 63.2.
(c) In Sec. 63.2872 of this subpart.

Sec. 63.2832 Am I subject to this subpart?

(a) You are an affected source subject to this subpart if you meet
all of the criteria listed in paragraphs (a)(1) and (a)(2) of this
section:
(1) You own or operate a vegetable oil production process that is a
major source of HAP emissions or is collocated within a plant site with
other sources that are individually or collectively a major source of
HAP emissions.
(i) A vegetable oil production process is defined in Sec. 63.2872.
In general, it is the collection of continuous process equipment and
activities that produce crude vegetable oil and meal products by
removing oil from oilseeds listed in Table 1 in Sec. 63.2840 through
direct contact with an organic solvent, such as a hexane isomer blend.
(ii) A major source of HAP is a plant site that emits or has the
potential to emit any single HAP at a rate of 10 tons (9.07 megagrams)
or more per year or any combination of HAP at a rate of 25 tons (22.68
megagrams) or more per year.
(2) Your vegetable oil production process processes any combination
of eight types of oilseeds listed in paragraphs (a)(2)(i) through
(viii) of this section:

(i) Corn germ;
(ii) Cottonseed;
(iii) Flax;
(iv) Peanut;
(v) Rapeseed (for example, canola);
(vi) Safflower;
(vii) Soybean; and
(viii) Sunflower.

(b) You are not subject to this subpart if your vegetable oil
production process meets any of the criteria listed in paragraphs
(b)(1) through (3) of this section:
(1) It uses only mechanical extraction techniques that use no
organic solvent to remove oil from a listed oilseed.
(2) It uses only batch solvent extraction and batch desolventizing
equipment.
(3) It processes only agricultural products that are not listed
oilseeds as defined in Sec. 63.2872.

Sec. 63.2833 Is my source categorized as existing or new?

(a) This subpart applies to each existing and new affected source.
You must categorize your vegetable oil production process as either an
existing or new source in accordance with the criteria in Table 1 of
this section, as follows:

Table 1 of Sec. 63.2833.--Categorizing Your Source as Existing or New
------------------------------------------------------------------------
Then your affected
If your affected source . . . And if . . . source . . .
------------------------------------------------------------------------
1. Was constructed or began reconstruction has is an existing
construction before May 26, not occurred. source.
2000.
2. Began reconstruction, as reconstruction was remains an
defined in Sec. 63.2, on or part of a existing source.
after May 26, 2000. scheduled plan to
comply with the
existing source
requirements of
this subpart and
reconstruction
was completed no
later than 3
years after the
effective date of
this subpart.
3. Began a significant the modification remains an
modification, as defined in does not existing source.
Sec. 63.2872, at any time on constitute
an existing source. reconstruction.

[[Page 34261]]

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

(b) Reconstruction of a source. Any affected source is
reconstructed if components are replaced so that the criteria in the
definition of reconstruction in Sec. 63.2 are satisfied. In general, a
vegetable oil production process is reconstructed if the fixed capital
cost of the new components exceeds 50 percent of the fixed capital cost
for constructing a new vegetable oil production process, and it is
technically and economically feasible for the reconstructed source to
meet the relevant new source standard established in this subpart. The
effect of reconstruction on the categorization of your existing and new
affected source is described in paragraphs (b)(1) and (b)(2) of this
section:
(1) After reconstruction of an existing source, the affected source
is recategorized as a new source and becomes subject to the new source
requirements of this subpart.
(2) After reconstruction of a new source, the affected source
remains categorized as a new source and remains subject to the new
source requirements of this subpart.
(c) Significant modification of a source. A significant
modification to an affected source is a term specific to this subpart
and is defined in Sec. 63.2872.
(1) In general, a significant modification to your source consists
of adding new equipment or the modification of existing equipment
within the affected source that significantly affects solvent losses
from the affected source. Examples include adding or replacing
extractors, desolventizer-toasters (conventional and specialty), and
meal dryer-coolers. All other significant modifications must meet the
criteria listed in paragraphs (c)(1)(i) and (1) (ii) of this section:
(i) The fixed capital cost of the modification represents a
significant percentage of the fixed capital cost of building a
comparable new vegetable oil production process.
(ii) It does not constitute reconstruction as defined in Sec. 63.2.
(2) A significant modification has no effect on the categorization
of your source as existing and new. An existing source remains
categorized as an existing source and subject to the existing source
requirements of this subpart. A new source remains categorized as a new
source and subject to the new source requirements of this subpart.
(d) Changes in the type of oilseed processed by your affected
source does not affect the categorization of your source as new or
existing. Recategorizing an affected source from existing to new occurs
only when you add or modify process equipment within the source which
meets the definition of reconstruction.

Sec. 63.2834 When do I have to comply with the standards in this
subpart?

You must comply with the standards in accordance with one of the
schedules in Table 1 of this section, as follows:

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

Standards

Sec. 63.2840 What emission requirements must I meet?

(a)(1) The emission requirements limit the number of gallons of HAP
lost per ton of listed oilseeds processed. For each operating month,
you must calculate a compliance ratio which compares your actual HAP
loss to your allowable HAP loss for the previous 12 operating months as
shown in Equation 1 of this section. An operating month, as defined in
Sec. 63.2872, is any calendar month in which a source processes a
listed oilseed, excluding any entire calendar month in which the source
operated under an initial startup period subject to Sec. 63.2850(c)(2)
or (d)(2) or a malfunction period subject to Sec. 63.2850(e)(2).
Equation 1 of this section follows:
[GRAPHIC] [TIFF OMITTED] TP26MY00.000

(2) Equation 1 of this section can also be expressed as a function
of total solvent loss as show in Equation 2 of the section, as follows:

[[Page 34262]]

[GRAPHIC] [TIFF OMITTED] TP26MY00.001

Where:

f = The weighted average volume fraction of HAP in solvent received
during the previous 12 operating months, as determined in Sec. 63.2854,
dimensionless.
0.64 = The average volume fraction of HAP in solvent in the baseline
performance data, dimensionless.
Actual Solvent Loss = Gallons of actual solvent loss during previous 12
operating months, as determined in Sec. 63.2853.
Oilseed = Tons of each oilseed type ``i'' processed during the previous
12 operating months, as shown in Sec. 63.2855.
SLF = The corresponding solvent loss factor (gal/ton) for oilseed ``i''
listed in Table 1 of this section, as follows:

Table 1 of Sec. 63.2840.--Oilseed Solvent Loss Factors for Determining Allowable HAP Loss
----------------------------------------------------------------------------------------------------------------
Oilseed solvent loss
factor (gal/ton)
Type of oilseed process A source that . . . ---------------------------
Existing
sources New sources
----------------------------------------------------------------------------------------------------------------
1. Corn Germ, Wet Milling.................... processes corn germ that has been 0.4 0.3
separated from other corn components
using a ``wet'' process of
centrifuging a slurry steeped in a
dilute sulfurous acid solution.
2. Corn Germ, Dry Milling.................... processes corn germ that has been 0.7 0.7
separated from the other corn
components using a ``dry'' process
of mechanical chafing and air
sifting.
3. Cottonseed, Large......................... processes 120,000 tons or more of a 0.5 0.4
combination of cottonseed and other
listed oilseeds during all normal
operating periods in a 12 operating
month period.
4. Cottonseed, Small......................... processes less than 120,000 tons of a 0.7 0.4
combination of cottonseed and other
listed oilseeds during all normal
operating periods in a 12 operating
month period.
5. Flax...................................... processes flax....................... 0.6 0.6
6. Peanuts................................... processes peanuts.................... 1.2 0.7
7. Rapeseed.................................. processes rapeseed................... 0.7 0.3
8. Safflower................................. processes safflower.................. 0.7 0.7
9. Soybean, Conventional..................... uses a conventional style 0.2 0.2
desolventizer to produce crude
soybean oil products and soybean
animal feed products.
10. Soybean, Specialty....................... uses a special style desolventizer to 1.7 1.5
produce soybean meal products for
human and animal consumption.
11. Soybean, Combination Plant with Low processes soybeans in both specialty 0.25 0.25
Specialty Production. and conventional desolventizers and
the quantity of soybeans processed
in specialty desolventizers during
normal operating periods is less
than 3.3 percent of total soybeans
processed during all normal
operating periods in a 12 operating
month period. The corresponding
solvent loss factor is an overall
value and applies to the total
quantity of soybeans processed.
12. Sunflower................................ processes sunflower.................. 0.4 0.3
----------------------------------------------------------------------------------------------------------------

(b) When your source has processed listed oilseed for 12 operating
months, calculate the compliance ratio by the end of each calendar
month following an operating month using Equation 2 of this section.
When calculating your compliance ratio, consider the conditions and
exclusions in paragraphs (b)(1) through (6) of this section:
(1) If your source processes any quantity of listed oilseeds in a
calendar month and the source is not operating under an initial startup
period or malfunction period subject to Sec. 63.2850, then you must
categorize the month as an operating month, as defined in Sec. 63.2872.
(2) The 12-month compliance ratio may include operating months
occurring prior to a source shutdown and operating months that follow
after the source resumes operation.
(3) If your source shuts down and processes no listed oilseed for
an entire calendar month, then you must categorize the month as a
nonoperating month, as defined in Sec. 63.2872. Exclude any
nonoperating months from the compliance ratio determination.
(4) If your source is subject to an initial startup period as
defined in Sec. 63.2872, exclude from the compliance ratio
determination any solvent and oilseed information recorded for the
initial startup period.
(5) If your source is subject to a malfunction period as defined in
Sec. 63.2872, exclude from the compliance ratio determination any
solvent and oilseed information recorded for the malfunction period.
(6) For sources processing cottonseed or specialty soybean, the
solvent loss factor you use to determine the compliance ratio may
change each operating month depending on the tons of oilseed processed
during all normal operating periods in a 12 operating month period.
(c) If the compliance ratio is less than or equal to 1.00, your
source was in compliance with the HAP emission requirements for the
previous operating month.
(d) To determine the compliance ratio in Equation 2 of this
section, you must select the appropriate oilseed solvent loss factor
from Table 1 of this section. First, determine whether your source is
new or existing using Table 1 in Sec. 63.2833. Then, under the
appropriate existing or new source column, select the oilseed solvent
loss factor that corresponds to each type oilseed or process operation
for each operating month.

[[Page 34263]]

Compliance Requirements

Sec. 63.2850 How do I comply with the HAP emission standards?

(a) General requirements. The requirements in paragraphs (a)(1)(i)
through (iv) of this section apply to all affected sources:
(1) Submit the necessary notifications in accordance with
Sec. 63.2860, which include:
(i) Initial notifications for existing sources.
(ii) Initial notifications for new and reconstructed sources.
(iii) Initial notifications for significant modifications to
existing or new sources.
(iv) Notification of compliance status.
(2) Develop and implement a plan for demonstrating compliance in
accordance with Sec. 63.2851.
(3) Develop a written startup, shutdown and malfunction (SSM) plan
in accordance with the provisions in Sec. 63.2852.
(4) Maintain all the necessary records you have used to demonstrate
compliance with this subpart in accordance with Sec. 63.2862.
(5) Submit the reports in paragraphs (a)(5)(i) through (iii) of
this section:
(i) Annual compliance certifications in accordance with
Sec. 63.2861(a).
(ii) Periodic startup, shutdown, and malfunction reports in
accordance with Sec. 63.2861(c).
(iii) Immediate startup, shutdown, and malfunction reports in
accordance with Sec. 63.2861(d).
(6) Submit all notifications and reports and maintain all records
required by the General Provisions for performance testing if you add a
control device that destroys solvent.
(b) Existing sources under normal operation. You must meet all of
the requirements listed in paragraph (a) of this section and Table 1 of
this section for sources under normal operation, and the schedules for
demonstrating compliance for existing sources under normal operation in
Table 2 of this section.
(c) New sources. Your new source, including a source that is
categorized as new due to reconstruction, must meet the requirements
associated with one of two compliance options. Within 15 days of the
startup date, you must choose to comply with one of the options listed
in paragraph (c)(1) or (c)(2) of this section:
(1) Normal operation. Upon startup of your new source, you must
meet all of the requirements listed in Sec. 63.2850(a) and Table 1 of
this section for sources under normal operation, and the schedules for
demonstrating compliance for new sources under normal operation in
Table 2 of this section.
(2) Initial startup period. For up to 6 calendar months after the
startup date of your new source, you must meet all of the requirements
listed in paragraph (a) of this section and Table 1 of this section for
sources operating under an initial startup period, and the schedules
for demonstrating compliance for new sources operating under an initial
startup period in Table 2 of this section. After a maximum of 6
calendar months, your new source must then meet all of the requirements
listed in Table 1 of this section for sources under normal operation.
(d) Existing or new sources that have been significantly modified.
Your existing or new source that has been significantly modified must
meet the requirements associated with one of two compliance options.
Within 15 days of the modified source startup date, you must choose to
comply with one of the options listed in paragraph (d)(1) or (d)(2) of
this section:
(1) Normal operation. Upon startup of your significantly modified
existing or new source, you must meet all of the requirements listed in
paragraph (a) and Table 1 of this section for sources under normal
operation, and the schedules for demonstrating compliance for an
existing or new source that has been significantly modified in Table 2
of this section.
(2) Initial startup period. For up to 3 calendar months after the
startup date of your significantly modified existing or new source, you
must meet all of the requirements listed in paragraph (a) and Table 1
of this section for sources operating under an initial startup period,
and the schedules for demonstrating compliance for a significantly
modified existing or new source operating under an initial startup
period in Table 2 of this section. After a maximum of 3 calendar
months, your new or existing source must meet all of the requirements
listed in Table 1 of this section for sources under normal operation.
(e) Existing or new sources experiencing a malfunction. A
malfunction is defined in Sec. 63.2. In general, it means any sudden,
infrequent, and not reasonably preventable failure of air pollution
control equipment or process equipment to function in a usual manner.
If your existing or new source experiences an unscheduled shutdown as a
result of a malfunction, continues to operate during a malfunction
(including the period reasonably necessary to correct the malfunction),
or starts up after a shutdown resulting from a malfunction, then you
must meet the requirements associated with one of two compliance
options. Routine or scheduled process startups and shutdowns resulting
from, but not limited to, market demands, maintenance activities, and
switching types of oilseed processed, are not startups or shutdowns
resulting from a malfunction and, therefore, do not qualify for this
provision. Within 15 days of the beginning date of the malfunction, you
must choose to comply with one of the options listed in paragraphs
(e)(1) through (e)(2) of this section:
(1) Normal operation. Your source must meet all of the requirements
listed in paragraph (a) of this section and one of the options listed
in paragraphs (e)(1) (i) through (iii) of this section:
(i) Existing source normal operation requirements in paragraph (b)
of this section.
(ii) New source normal operation requirements in paragraph (c)(1)
of this section.
(iii) Normal operation requirements for sources that have been
significantly modified in paragraph (d)(1) of this section. Table 1 of
this section follows:

Table 1 of Sec. 63.2850.--Requirements for Compliance With HAP Emission Standards
----------------------------------------------------------------------------------------------------------------
For initial startup periods
For periods of normal subject to Sec. For malfunction periods
Are you required to . . . operation? 63.28590(c)(2) or (d)(2)? subject to Sec.
63.2850(e)(2)?
----------------------------------------------------------------------------------------------------------------
1. Operate and maintain No, your source is not Yes, throughout the entire Yes, throughout the entire
your source in accordance subject to the SSM initial startup period. malfunction period.
with your SSM plan as plan, but rather the
described in Sec. HAP emission limits of
63.2852? this standard.
2. Determine and record Yes, as described in Yes, as described in Sec. Yes, as described in Sec.
the extraction solvent Sec. 63.2853.. 63.2862(e). 63.2862(e).
loss in gallons from your
source?

[[Page 34264]]

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

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

[[Page 34265]]

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

(2) Malfunction period. Throughout the malfunction period, you must
meet all of the requirements listed in paragraph (a) of this section
and Table 1 of this section for sources operating during a malfunction
period. At the end of the malfunction period, your source must then
meet all of the requirements listed in Table 1 of this section for
sources under normal operation.

Sec. 63.2851 What is a plan for demonstrating compliance?

(a) You must develop and implement a written plan for demonstrating
compliance that provides the detailed procedures you will follow to
monitor and record data necessary for demonstrating compliance with
this subpart. Procedures followed for quantifying solvent loss from the
source and amount of oilseed processed vary from source to source
because of site-specific factors such as equipment design
characteristics and operating conditions. Typical procedures include
one or more accurate measurement methods such as weigh scales,
volumetric displacement, and material mass balances. Because the
industry does not have a uniform set of procedures, you must develop
and implement your own site-specific plan for demonstrating compliance
before the compliance date for your source. You must also incorporate
the plan for demonstrating compliance by reference in the source's
title V permit and keep the plan on-site and readily available as long
as the source is operational. If you make any changes to the plan for
demonstrating compliance, then you must keep all previous versions of
the plan and make them readily available for inspection for at least 5
years after each revision. The plan for demonstrating compliance must
include the items in paragraphs (a)(1) through (a)(7) of this section:
(1) The name and address of the owner or operator.
(2) The physical address of the vegetable oil production process.
(3) Method of measurement. Provide a detailed description of all
methods of measurement your source will use to determine your solvent
losses, HAP content of solvent, and the tons of each type of oilseed
processed.
(4) Measurement Frequency. Specify when each measurement will be
made.
(5) Calculations. Provide examples of each calculation you will use
to determine your compliance status. Include examples of how you will
convert data measured with one parameter to other terms for use in
compliance determination.
(6) Recordkeeping. Provide example logs of how data will be
recorded.
(7) Quality assurance/quality control plan. Provide a plan to
ensure that the data continue to meet compliance demonstration needs.
(b) The responsible agency of this subpart may require you to
revise your plan for demonstrating compliance. The responsible agency
may require reasonable revisions if the procedures lack detail, are
inconsistent or do not accurately determine solvent loss, HAP content
of the solvent, or the tons of oilseed processed.

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

You must develop a written startup, shutdown, and malfunction plan
in accordance with Sec. 63.6(e)(3) of the General Provisions and
implement the plan, when applicable. You must complete the SSM plan
before the compliance date for your source. You must also incorporate
the SSM plan by reference in your source's title V permit and keep the
SSM plan on-site and readily available as long as the source is
operational. The SSM plan provides detailed procedures for operating
and maintaining your source to minimize emissions during a qualifying
SSM event for which the source chooses the Sec. 63.2850(e)(2)
malfunction period, or the Sec. 63.2850(c)(2) or Sec. 63.2850(d)(2)
initial startup period. The SSM plan must specify a program of
corrective action for malfunctioning process and air pollution control
equipment and reflect the best practices now in use by the industry to
minimize emissions. Some or all of the procedures may come from plans
you developed for other purposes such as a Standard Operating Procedure
manual or an Occupational Safety and Health Administration Process
Safety Management plan. To qualify as a SSM plan, other such plans must
meet all the applicable requirements of this subpart.

Sec. 63.2853 How do I determine the actual solvent loss?

By the end of each calendar month following an operating month, you
must determine the total solvent loss in gallons for the previous
operating month. The total solvent loss for an operating month includes
all solvent losses that occur during normal operating periods within
the operating month. If you have determined solvent losses for 12 or
more operating months, then you must also determine the 12 operating
months rolling sum of actual solvent loss in gallons by summing the
monthly actual solvent loss for the previous 12 operating months. The
12 operating months rolling sum of solvent loss is the ``actual solvent
loss,'' which is used to calculate your compliance ratio as described
in Sec. 63.2840.
(a) To determine the actual solvent loss from your source, follow
the procedures in your plan for demonstrating compliance to determine
the items in paragraphs (a)(1) through (a)(5) of this section:
(1) The dates that define each operating status period during a
calendar month. The dates that define each operating status period
include the beginning date of each calendar month and the date of any
change in the source operating status. If the source maintains the same
operating status during an entire calendar month, these dates are the
beginning and ending dates of the calendar month.
(2) Source operating status. You must categorize the operating
status of your source for each recorded time interval in accordance
with criteria in Table 1 of this section, as follows:

[[Page 34266]]

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

(3) Measuring the beginning and ending solvent inventory. You are
required to measure and record the solvent inventory on the beginning
and ending dates of each normal operating period that occurs during an
operating month. An operating month is any calendar month with at least
one normal operating period. You must consistently follow the
procedures described in your plan for demonstrating compliance, as
specified in Sec. 63.2851, to determine the extraction solvent
inventory, and maintain readily available records of the actual solvent
loss inventory, as described in Sec. 63.2862(c)(1). In general, you
must measure and record the solvent inventory only when the source is
actively processing any type of agricultural product. When the source
is not active, some or all of the solvent working capacity is
transferred to solvent storage tanks which can artificially inflate the
solvent inventory.
(4) Gallons of extraction solvent received. Record the total
gallons of extraction solvent received in each shipment. For most
processes, the gallons of solvent received represents purchases of
delivered solvent added to the solvent storage inventory. However, if
your process refines additional vegetable oil from off-site sources,
recovers solvent from the off-site oil, and adds it to the on-site
solvent inventory, then you must determine the quantity of recovered
solvent and include it in the gallons of extraction solvent received.
(5) Solvent inventory adjustments. In some situations, solvent
losses determined directly from the measured solvent inventory and
quantity of solvent received is not an accurate estimate of the
``actual solvent loss'' for use in determining compliance ratios. In
such cases, you may adjust the total solvent loss for each normal
operating period as long as you provide a reasonable justification for
the adjustment. Situations that may require adjustments of the total
solvent loss include, but are not limited to, situations in paragraphs
(a) (5)(i) and (5)(ii) of this section:
(i) Solvent destroyed in a control device. You may use a control
device to reduce solvent emissions to meet the emission standard. The
use of a control device does not alter the emission limit for the
source. If you use a control device that reduces solvent emissions
through destruction of the solvent instead of recovery, then determine
the gallons of solvent entering the control device and destroyed there
during each normal operating period. All solvent destroyed in a control
device during a normal operating period can be subtracted from the
total solvent loss. Examples of destructive emission control devices
include catalytic incinerators, boilers, or flares. Identify and
describe in your plan for demonstrating compliance each type of
reasonable and sound measurement method that you use to quantify the
gallons of solvent entering and exiting the control device and to
determine the destruction efficiency of the control device. You may use
design evaluations to document the gallons of solvent destroyed or
removed by the control device instead of performance testing under
Sec. 63.7 of the General Provisions. The design evaluations must be
based on the procedures and options described in Secs. 63.985(b)(1)(i)
(A) through (C) or Sec. 63.11, as appropriate. All data, assumptions,
and procedures used in such evaluations must be documented and must be
available for inspection. If you use performance testing to determine
solvent flow rate to the control device or destruction efficiency of
the device, follow the procedures as outlined in Sec. 63.997(e)(1) and
(2). Instead of periodic performance testing to demonstrate continued
good operation of the control device, you may develop a monitoring
plan, following the procedures outlined in Sec. 63.988(c) and using
operational parametric measurement devices such as fan parameters,
percent measurements of lower explosive limits (LELs), and combustion
temperature.
(ii) Changes in solvent working capacity. In records you keep on-
site, document any process modifications resulting in changes to the
solvent working capacity in your vegetable oil production process.
Solvent working capacity is defined in Sec. 63.2872. In general,
solvent working capacity is the volume of solvent normally retained in
solvent recovery equipment such as the extractor, desolventizer-
toaster, solvent storage, working tanks, mineral oil absorber,
condensers, and oil/solvent distillation system. If the change occurs
during a normal operating period, you must determine the difference in
working solvent volume and make a one-time documented adjustment to the
solvent inventory.
(b) Use Equation 1 of this section to determine the actual solvent
loss occurring from your affected source for all normal operating
periods recorded within a calendar month. Equation 1 of this section
follows:
[GRAPHIC] [TIFF OMITTED] TP26MY00.002

Where:

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.

[[Page 34267]]

SOLVR = Gallons of solvent received between the beginning
and ending inventory dates of normal operating period ``i'' as
determined in paragraph (a)(4) of this section.
SOLVA = Gallons of solvent added or removed from the
extraction solvent inventory during normal operating period ``i'' as
determined in paragraph (a)(5) of this section.
n = Number of normal operating periods in a calendar month.

(c) The actual solvent loss is the total solvent losses during
normal operating periods for the previous 12 operating months. You
determine your actual solvent loss by summing the monthly actual
solvent losses for the previous 12 operating months. You must record
the actual solvent loss by the end of each calendar month following an
operating month. Use the actual solvent loss in Equation 2 in
Sec. 63.2840 to determine the compliance ratio. Actual solvent loss
does not include losses that occur during operating status periods
listed in paragraphs (c)(1) through (4) of this section. If any one of
these four operating status periods span an entire month, then the
month is treated as nonoperating and there is no compliance ratio
determination.
(1) Nonoperating periods as described in paragraph (a)(2)(ii) of
this section.
(2) Initial startup periods as described in Sec. 63.2850(c)(2) or
Sec. 63.2850(d)(2).
(3) Malfunction periods as described in Sec. 63.2850(e)(2).
(4) Exempt operation periods as described in paragraph (a)(2)(v) of
this section.

Sec. 63.2854 How do I determine the weighted average volume fraction
of HAP in the actual solvent loss?

(a) This section describes the information and procedures you must
use to determine the weighted average volume fraction of HAP in
extraction solvent received for use in your vegetable oil production
process. By the end of each calendar month following an operating
month, determine the weighted average volume fraction of HAP in
extraction solvent received since the end of the previous operating
month. If you have determined the monthly weighted average volume
fraction of HAP in solvent received for 12 or more operating months,
then also determine an overall weighted average volume fraction of HAP
in solvent received for the previous 12 operating months. Use the
volume fraction of HAP determined as a 12 operating months weighted
average in Equation 2 in Sec. 63.2840 to determine the compliance
ratio.
(b) To determine the volume fraction of HAP in the extraction
solvent determined as a 12 operating months weighted average, you must
comply with paragraphs (b)(1) through (3) of this section:
(1) Record the volume fraction of each HAP comprising more than 1
percent by volume of the solvent in each delivery of solvent, including
solvent recovered from off-site oil. To determine the HAP content of
the materials used in your operations, the reference method is EPA
Method 311 of appendix A of this part. You may use EPA Method 311, an
approved alternative method, or any other reasonable means for
determining the HAP content. Other reasonable means of determining HAP
content include, but are not limited to, a material safety data sheet
(MSDS) or a manufacturer's hazardous air pollutant data sheet. You are
not required to test the materials that you use, but the Administrator
may require a test using EPA Method 311 (or an approved alternative
method) to confirm the reported HAP content. However, if the results of
an analysis by EPA Method 311 are different from the HAP content
determined by another means, the EPA Method 311 results will govern
compliance determinations.
(2) Determine the weighted average volume fraction of HAP in the
extraction solvent each operating month. The weighted average volume
fraction of HAP for an operating month includes all solvent received
since the end of the last operating month, regardless of the operating
status at the time of the delivery. Determine the monthly weighted
average volume fraction of HAP by summing the products of the HAP
volume fraction of each delivery and the volume of each delivery and
dividing the sum by the total volume of all deliveries as expressed in
Equation 1 of this section. Record the result by the end of each
calendar month following an operating month. Equation 1 of this section
follows:
[GRAPHIC] [TIFF OMITTED] TP26MY00.003

Where:

Receivedi = Gallons of extraction solvent received in
delivery ``i.''
Contenti = The volume fraction of HAP in extraction solvent
delivery ``i.''
Total Received = Total gallons of extraction solvent received since the
end of the previous operating month.
n = Number of extraction solvent deliveries since the end of the
previous operating month.

(3) Determine the volume fraction of HAP in your extraction solvent
as a 12 operating months weighted average. When your source has
processed oilseed for 12 operating months, sum the products of the
monthly weighted average HAP volume fraction and corresponding volume
of solvent received, and divide the sum by the total volume of solvent
received for the 12 operating months, as expressed by Equation 2 of
this section. Record the result by the end of each calendar month
following an operating month and use it in Equation 2 in Sec. 63.2840
to determine the compliance ratio. Equation 2 of this section follows:
[GRAPHIC] [TIFF OMITTED] TP26MY00.004

[[Page 34268]]

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?

By the end of each calendar month following an operating month, you
must determine the tons of each listed oilseed processed for the
operating month. The total oilseed processed for an operating month
includes the total of each oilseed processed during all normal
operating periods that occur within the operating month. If you have
determined the tons of oilseed processed for 12 or more operating
months, then you must also determine the 12 operating months rolling
sum of each type oilseed processed by summing the tons of each type of
oilseed processed for the previous 12 operating months. The 12
operating months rolling sum of each type of oilseed processed is used
to calculate the compliance ratio as described in Sec. 63.2840.
(a) To determine the tons of each type of oilseed processed at your
source, follow the procedures in your plan for demonstrating compliance
to determine the items in paragraphs (a)(1) through (5) of this
section:
(1) The dates that define each operating status period. The dates
that define each operating status period include the beginning date of
each calendar month and the date of any change in the source operating
status. The dates on each oilseed inventory log must be consistent with
the dates recorded for the solvent inventory.
(2) Source operating status. You must categorize the source
operation for each recorded time interval. The source operating status
for each time interval recorded on the oilseed inventory for each type
of oilseed must be consistent with the operating status recorded on the
solvent inventory logs as described in Sec. 63.2853(a)(2).
(3) Measuring the beginning and ending inventory for each oilseed.
You are required to measure and record the oilseed inventory on the
beginning and ending dates of each normal operating period that occurs
during an operating month. An operating month is any calendar month
with at least one normal operating period. You must consistently follow
the procedures described in your plan for demonstrating compliance, as
specified in Sec. 63.2851, to determine the oilseed inventory, and
maintain readily available records of the oilseed inventory as
described by Sec. 63.2862(c)(3).
(4) Tons of each oilseed received. Record the type of oilseed and
tons of each shipment of oilseed received and added to your onsite
storage.
(5) Oilseed inventory adjustments. In some situations, determining
the quantity of oilseed processed directly from the measured oilseed
inventory and quantity of oilseed received is not an accurate estimate
of the tons of oilseed processed for use in determining compliance
ratios. For example, spoiled and molded oilseed removed from storage
but not processed by your source will result in an overestimate of the
quantity of oilseed processed. In such cases, you must adjust the
oilseed inventory and provide a justification for the adjustment.
Situations that may require oilseed inventory adjustments include, but
are not limited to, the situations listed in paragraphs (a)(5)(i)
through (v) if this section:
(i) Oilseed that mold or otherwise become unsuitable for
processing.
(ii) Oilseed you sell before it enters the processing operation.
(iii) Oilseed destroyed by an event such as a process malfunction,
fire, or natural disaster.
(iv) Oilseed processed through operations prior to solvent
extraction such as screening, dehulling, cracking, drying, and
conditioning; but that are not routed to the solvent extractor for
further processing.
(v) Periodic physical measurements of inventory. For example, some
sources periodically empty oilseed storage silos to physically measure
the current oilseed inventory. This periodic measurement procedure
typically results in a small inventory correction. The correction
factor, usually less than 1 percent, may be used to make an adjustment
to the source's oilseed inventory that was estimated previously with
indirect measurement techniques. To make this adjustment, your plan for
demonstrating compliance must provide for such an adjustment.
(b) Use Equation 1 of this section to determine the quantity of
each oilseed type processed at your affected source during normal
operating periods recorded within a calendar month. Equation 1 of this
section follows:
[GRAPHIC] [TIFF OMITTED] TP26MY00.005

Where:

SEEDB = Tons of oilseed in the inventory at the beginning of
normal operating period ``i'' as determined in accordance with
paragraph (a)(3) of this section.
SEEDE = Tons of oilseed in the inventory at the end of
normal operating period ``i'' as determined in accordance with
paragraph (a)(3) of this section.
SEEDR = Tons of oilseed received during normal operating
period ``i'' as determined in accordance with paragraph (a)(4) of this
section.
SEEDA = Tons of oilseed added or removed from the oilseed
inventory during normal operating period ``i'' as determined in
accordance with paragraph (a)(5) of this section.
n = Number of normal operating periods in the calendar month during
which this type oilseed was processed.

(c) The quantity of each oilseed processed is the total tons of
each type of listed oilseed processed during normal operating periods
in the previous 12 operating months. You determine the tons of each
oilseed processed by summing the monthly quantity of each oilseed
processed for each oilseed for the previous 12 operating months. You
must record the 12 operating months quantity of each type of oilseed
processed by the end of each calendar month following an operating
month. Use the 12 operating months quantity of each type of oilseed
processed to determine the compliance ratio as described in
Sec. 63.2840. The quantity of oilseed processed does not include
oilseed processed during the operating status periods in paragraphs
(c)(1) through (4) of this section. If any one of these four operating
status periods span an entire calendar month, then the calendar month
is treated as a nonoperating month and there is no compliance ratio
determination.
(1) Nonoperating periods as described in Sec. 63.2853 (a)(2)(ii).

[[Page 34269]]

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

Notifications, Reports, and Records

Sec. 63.2860 What notifications must I submit and when?

You must submit the one-time notifications listed in paragraphs (a)
through (d) of this section to the responsible agency:
(a) Initial notification for existing sources. For an existing
source, submit an initial notification to the responsible agency of
this subpart no later than 120 days after the effective date of this
subpart. In the notification, include the items in paragraphs (a)(1)
through (5) of this section:
(1) The name and address of the owner or operator.
(2) The physical address of the vegetable oil production process.
(3) Identification of the relevant standard, such as the vegetable
oil production NESHAP in this subpart, and compliance date.
(4) A brief description of the source including the types of listed
oilseeds processed, nominal operating capacity, and type of
desolventizer(s) used.
(5) A statement designating the source as a major source of HAP or
a demonstration that the source meets the definition of an area source.
An area source is a source that is not a major source and is not
collocated within a plant site with other sources that are individually
or collectively a major source.
(b) Initial notifications for new and reconstructed sources. New or
reconstructed sources must submit a series of notifications before,
during, and after source construction per the schedule listed in
Sec. 63.9 of the General Provisions. The information requirements for
the notifications are the same as those listed in the General
Provisions with the exceptions listed in paragraphs (b)(1) and (b)(2)
of this section:
(1) The application for approval of construction does not require
the specific HAP emission data required in Secs. 63.5(d)(1)(ii)(H),
63.5(d)(1)(iii), 63.5(d)(2) and 63.5(d)(3)(ii). The application for
approval of construction would include, instead, a brief description of
the source including the types of listed oilseeds processed, nominal
operating capacity, and type of desolventizer(s) used.
(2) The notification of actual startup date must also include
whether you have elected to operate under an initial startup period
subject to Sec. 63.2850(c)(2) and provide an estimate and justification
for the anticipated duration of the initial startup period.
(c) Significant modification notifications. Any existing or new
source that plans to undergo a significant modification as defined in
Sec. 63.2872 must submit two reports as described in paragraphs (c)(1)
and (c)(2) of this section:
(1) Initial notification. You must submit an initial notification
to the responsible agency of this subpart 30 days prior to initial
startup of the significantly modified source. The initial notification
must demonstrate that the proposed changes qualify as a significant
modification. The initial notification must include the items in
paragraphs (c)(1)(i) and (c)(1)(ii) of this section:
(i) The expected startup date of the modified source.
(ii) A description of the significant modification including a list
of the equipment that will be replaced or modified. If the significant
modification involves changes other than adding or replacing
extractors, desolventizer-toasters (conventional and specialty), and
meal dryer-coolers, then you must also include: the fixed capital cost
of the new components expressed as a percentage of the fixed capital
cost to build a comparable new vegetable oil production process,
supporting documentation for the cost estimate, and documentation that
the proposed changes will significantly affect solvent losses.
(2) Notification of actual startup. You must submit a notification
of actual startup date within 15 days after initial startup of the
modified source. The notification must include the items in paragraphs
(c)(2)(i) through (iv) of this section:
(i) The initial startup date of the modified source.
(ii) An indication whether you have elected to operate under an
initial startup period subject to Sec. 63.2850(d)(2).
(iii) The anticipated duration of any initial startup period.
(iv) A justification for the anticipated duration of any initial
startup period.
(d) Notification of compliance status. As an existing, new, or
reconstructed source, you must submit a notification of compliance
status report to the responsible agency no later than 60 days after
determining your initial 12 operating months compliance ratio. If you
are an existing source, you generally must submit this notification no
later than [50 calendar months after promulgation of these NESHAP] (36
calendar months for compliance, 12 operating months to record data, and
2 calendar months to complete the report). If you are a new or
reconstructed source, the notification of compliance status is
generally due no later than 20 calendar months after initial startup (6
calendar months for the initial startup period, 12 operating months to
record data, and 2 calendar months to complete the report). The
notification of compliance status must contain the items in paragraphs
(d)(1) through (6) of this section:
(1) The name and address of the owner or operator.
(2) The physical address of the vegetable oil production process.
(3) Each listed oilseed type processed during the previous 12
operating months.
(4) Each HAP identified under Sec. 63.2854(a) as being present in
concentrations greater than 1 percent by volume in each delivery of
solvent received during the 12 operating months period used for the
initial compliance determination.
(5) A statement designating the source as a major source of HAP or
a demonstration that the source qualifies as an area source. An area
source is a source that is not a major source and is not collocated
within a plant site with other sources that are individually or
collectively a major source.
(6) A compliance certification indicating whether the source
complied with all of the requirements of this subpart throughout the 12
operating months used for the initial source compliance determination.
This certification must include a certification of the items in
paragraphs (d)(6)(i) through (iii) of this section:
(i) The plan for demonstrating compliance (as described in
Sec. 63.2851) and SSM plan (as described in Sec. 63.2852) are complete
and available on site for inspection.
(ii) You are following the procedures described in the plan for
demonstrating compliance.
(iii) The compliance ratio is less than or equal to 1.00.

Sec. 63.2861 What reports must I submit and when?

After the initial notifications, you must submit the reports in
paragraphs (a) through (d) of this section to the responsible agency of
this subject at the appropriate time intervals:
(a) Annual Compliance Certifications. The first annual compliance
certification is due 12 calendar months after you submit the
Notification of Compliance Status. Each subsequent annual compliance
certification is due

[[Page 34270]]

12 calendar months after the previous annual compliance certification.
The annual compliance certification provides the compliance status for
each operating month during the 12 calendar months period ending 60
days prior to the date on which the report is due. Include the
information in paragraphs (a)(1) through (a)(6) of this section in the
annual certification:
(1) The name and address of the owner or operator.
(2) The physical address of the vegetable oil production process.
(3) Each listed oilseed type processed during the 12 calendar
months period covered by the report.
(4) Each HAP identified under Sec. 63.2854(a) as being present in
concentrations greater than 1 percent by volume in each delivery of
solvent received during the 12 calendar months period covered by the
report.
(5) A statement designating the source as a major source of HAP or
a demonstration the source qualifies as an area source. An area source
is a source that is not a major source and is not collocated within a
plant site with other sources that are individually or collectively a
major source.
(6) A compliance certification to indicate whether the source was
in compliance for each compliance determination made during the 12
calendar months period covered by the report. For each such compliance
determination, you must include a certification of the items in
paragraphs (a)(6)(i) through (iii) of this section:
(i) You are following the procedures described in the plan for
demonstrating compliance.
(ii) The compliance ratio is less than or equal to 1.00.
(b) Deviation notification report. Submit a deviation report for
each compliance determination you make in which the compliance ratio
exceeds 1.00 as determined under Sec. 60.2840(c). Submit the deviation
report by the end of the month following the calendar month in which
you determined the deviation. The deviation notification report must
include the items in paragraphs (b)(1) through (b)(4) of this section:
(1) The name and address of the owner or operator.
(2) The physical address of the vegetable oil production process.
(3) Each oilseed type processed during the 12 operating months
period for which you determined the deviation.
(4) The compliance ratio comprising the deviation. You may reduce
the frequency of submittal of the Deviation Notification Report if the
responsible agency of this subject does not object as provided in
Sec. 63.10(e)(3)(iii) of the General Provisions.
(c) Periodic startup, shutdown, and malfunction report. If you
choose to operate your source under an initial startup period subject
to Sec. 63.2850(c)(2) or Sec. 63.2850(d)(2) or a malfunction period
subject to Sec. 63.2850(e)(2), you must submit a periodic SSM report by
the end of the calendar month following each month in which the initial
startup period or malfunction period occurred. The periodic SSM report
must include the items in paragraphs (c)(1) through (c)(3) of this
section:
(1) The name, title, and signature of a source's responsible
official who is certifying that the report accurately states that all
actions taken during the initial startup or malfunction period were
consistent with the SSM plan.
(2) A description of events occurring during the time period, the
date and duration of the events, and reason the time interval qualifies
as an initial startup period or malfunction period.
(3) An estimate of the solvent loss during the initial startup or
malfunction period with supporting documentation.
(d) Immediate SSM Reports. If you handle a SSM during an initial
startup period subject to Sec. 63.2850(c)(2) or Sec. 63.2850(d)(2) or a
malfunction period subject to Sec. 63.2850(e)(2) differently from
procedures in the SSM plan, then you must submit an immediate SSM
report. Immediate SSM reports consist of a telephone call or facsimile
transmission to the responsible agency within 2 working days after
starting actions inconsistent with the SSM plan, followed by a letter
within 7 working days after the end of the event. The letter must
include the items in paragraphs (d)(1) through (d)(3) of this section:
(1) The name, title, and signature of a source's responsible
official who is certifying the accuracy of the report, an explanation
of the event, and the reasons for not following the SSM plan.
(2) A description and date of the SSM event, its duration, and
reason it qualifies as a SSM.
(3) An estimate of the solvent loss for the duration of the SSM
event with supporting documentation.

Sec. 63.2862 What records must I keep?

(a) You must satisfy the recordkeeping requirements of this section
by the compliance date for your source specified in Table 1 in
Sec. 63.2834.
(b) Prepare a plan for demonstrating compliance (as described in
Sec. 63.2851) and a SSM plan (as described in Sec. 63.2852). In these
two plans, describe the procedures you will follow in obtaining and
recording data, and determining compliance under normal operations or a
SSM subject to Sec. 63.2850(c)(2) or Sec. 63.2850(d)(2) initial startup
period or the Sec. 63.2850(e)(2) malfunction period. Complete both
plans before the compliance date for your source and keep them on-site
and readily available as long as the source is operational.
(c) If your source processes any listed oilseed, record the items
in paragraphs (c)(1) through (c)(5) of this section:
(1) For the solvent inventory, record the information in paragraphs
(c)(1)(i) through (vii) of this section in accordance with your plan
for demonstrating compliance:
(i) Dates that define each operating status period during a
calendar month.
(ii) The operating status of your source such as normal operation,
nonoperating, initial startup period, malfunction period, or exempt
operation for each recorded time interval.
(iii) Record the gallons of extraction solvent in the inventory on
the beginning and ending dates of each normal operating period.
(iv) The gallons of all extraction solvent received, purchased, and
recovered during each calendar month.
(v) All extraction solvent inventory adjustments, additions or
subtractions. You must document the reason for the adjustment and
justify the quantity of the adjustment.
(vi) The total solvent loss for each calendar month, regardless of
the source operating status.
(vii) The actual solvent loss in gallons for each operating month.
(2) For the weighted average volume fraction of HAP in the
extraction solvent, you must record the items in paragraphs (c)(2)(i)
through (iii) of this section:
(i) The gallons of extraction solvent received in each delivery.
(ii) The volume fraction of each HAP exceeding 1 percent by volume
in each delivery of extraction solvent.
(iii) The weighted average volume fraction of HAP in extraction
solvent received since the end of the last operating month as
determined in accordance with Sec. 63.2854(b)(2).
(3) For each type of oilseed processed, record the items in
paragraphs (c)(3)(i) through (vi) of this section, in accordance with
your plan for demonstrating compliance:
(i) The dates that define each operating status period. These dates
must be the same as the dates entered for the extraction solvent
inventory.
(ii) The operating status of your source such as normal operation,
nonoperating, initial startup period,

[[Page 34271]]

malfunction period, or exempt operation for each recorded time
interval. On the log for each type of oilseed that is not being
processed during a normal operating period, you must record which type
of oilseed is being processed in addition to the source operating
status.
(iii) The oilseed inventory for the type of oilseed being processed
on the beginning and ending dates of each normal operating period.
(iv) The tons of each type of oilseed received at the affected
source each normal operating period.
(v) All oilseed inventory adjustments, additions or subtractions
for normal operating periods. You must document the reason for the
adjustment and justify the quantity of the adjustment.
(vi) The tons of each type of oilseed processed during each
operating month.
(d) After your source has processed oilseed for 12 operating
months, and you are not operating during an initial startup period as
described in Sec. 63.2850(c)(2) or Sec. 63.2850(d)(2), or a malfunction
period as described in Sec. 63.2850(e)(2), record the items in
paragraphs (d)(1) through (5) of this section by the end of the
calendar month following each operating month:
(1) The 12 operating month rolling sum of the actual solvent loss
in gallons as described in Sec. 63.2853(c).
(2) The weighted average volume fraction of HAP in extraction
solvent received for the previous 12 operating months as described in
Sec. 63.2854(b)(3).
(3) The 12 operating months rolling sum of each type of oilseed
processed at the affected source in tons as described in
Sec. 63.2855(c).
(4) A determination of the compliance ratio. Using the values from
Secs. 63.2853, 63.2854, 63.2855, and Table 1 in Sec. 63.2840, calculate
the compliance ratio using Equation 2 in Sec. 63.2840.
(5) A statement of whether the source is in compliance with all of
the requirements of this subpart. This includes a determination of
whether you have met all of the applicable requirements in
Sec. 63.2850.
(e) For each SSM event subject to an initial startup period as
described in Sec. 63.2850(c)(2) or Sec. 63.2850(d)(2), or a malfunction
period as described in Sec. 63.2850(e)(2), record the items in
paragraphs (e)(1) through (3) of this section by the end of the
calendar month following each month in which the initial startup period
or malfunction period occurred:
(1) A description and date of the SSM event, its duration, and
reason it qualifies as an initial startup or malfunction.
(2) An estimate of the solvent loss in gallons for the duration of
the initial startup or malfunction period with supporting
documentation.
(3) A checklist or other mechanism to indicate whether the SSM plan
was followed during the initial startup or malfunction period.

Sec. 63.2863 In what form and how long must I keep my records?

(a) Your records must be in a form suitable and readily available
for review in accordance with Sec. 63.10(b)(1) of the General
Provisions.
(b) As specified in Sec. 63.10(b)(1) of the General Provisions, you
must keep each record for 5 years following the date of each
occurrence, measurement, maintenance, corrective action, report, or
record.
(c) You must keep each record on site for at least 2 years after
the date of each occurrence, measurement, maintenance, corrective
action, report, or record, in accordance with Sec. 63.10(b)(1) of the
General Provisions. You can keep the records offsite for the remaining
3 years.

Other Requirements and Information

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

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

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

[[Page 34272]]

9. Sec. 63.5(d)(1)(iii), ................. Application for No............ The requirements of
(d)(2), (d)(3)(ii). approval. the application for
approval for new,
reconstructed and
significantly
modified sources are
described in Sec.
63.2860 (b) and (c)
of subpart GGGG.
General provision
requirements for
identification of
HAP emission points
or estimates of
actual emissions are
not required.
Descriptions of
control and methods,
and the estimated
and actual control
efficiency of such
do not apply.
Requirements for
describing control
equipment and the
estimated and actual
control efficiency
of such equipment
apply only to
control equipment to
which the subpart
GGGG requirements
for quantifying
solvent destroyed by
an add-on control
device would be
applicable.
10. Sec. 63.6................ Applicability of Applicability of GP... Yes........... Except for paragraphs
GP. of Sec. 63.6 as
listed in this
table.
11. Sec. 63.6(b) (1)-(3)..... Compliance dates, ...................... No............ Section 63.2834 of
new and Subpart GGGG
reconstructed specifies the
sources. compliance dates for
new and
reconstructed
sources.
12. Sec. 63.6(b)(6).......... [Reserved].......
13. Sec. 63.6(c)(3)-(c)(4)... [Reserved].......
14. Sec. 63.6(d)............. [Reserved].......
15. Sec. 63.6(e)............. Operation and ...................... Yes........... Implement your SSM
maintenance plan, as specified
requirements. in Sec. 63.2851 of
subpart GGGG.
16. Sec. 63.6 (f)-(g)........ Compliance with Comply with emission No............ Subpart GGGG does not
Nonopacity standards at all have nonopacity
Emission times except during requirements.
Standards Except SSM.
During SSM.
17. Sec. 63.6(h)............. Opacity/Visible ...................... No............ Subpart GGGG has no
Emission (VE) opacity or visual
Standards. emission standards.
18. Sec. 63.6(i)............. Compliance Procedures and Yes...........
Extension. criteria for
responsible agency to
grant compliance
extension.
19. Sec. 63.6(j)............. Presidential President may exempt Yes...........
Compliance source category from
Exemption. requirement to comply
with subpart.
20. Sec. 63.7................ Performance Schedule, conditions, Yes........... Subpart GGGG requires
Testing notifications and performance testing
Requirements. procedures. only if the source
applies additional
control that
destroys solvent.
Section
63.2850(a)(6)
requires sources to
follow the
performance testing
guidelines of the
General Provisions
if a control is
added.
21. Sec. 63.8................ Monitoring ...................... No............ Subpart GGGG does not
Requirements. require monitoring
other than as
specified therein.
22. Sec. 63.9................ Notification Applicability and Yes........... Except for paragraphs
Requirements. state delegation. of Sec. 63.9 as
listed in this
table.
23. Sec. 63.9(b)(2).......... Notification Initial notification No............ Section 63.2860(a) of
Requirements. requirements for subpart GGGG
existing sources. specifies the
requirements of the
initial notification
for existing
sources.
24. Sec. 63.9(b) (3)-(5)..... Notification Notification Yes........... Except the
Requirements. requirement for information
certain new/ requirements differ
reconstructed sources. as described in Sec.
63.2860(b) of
subpart GGGG.
25. Sec. 63.9(e)............. Notification of Notify responsible Yes........... Applies only if
Performance Test. agency 60 days ahead. performance testing
is performed.
26. Sec. 63.9(f)............. Notification of Notify responsible No............ Subpart GGGG has no
VE/Opacity agency 30 days ahead. opacity or visual
Observations. emission standards.

[[Page 34273]]

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

Sec. 63.2871 Who administers this subpart?

(a) This subpart can be administered by us, the U.S. EPA, or a
delegated authority such as your State, local, or tribal agency. If the
U.S. EPA Administrator has delegated authority to your State, local, or
tribal agency, then that agency has the authority to administer and
enforce this regulation. You should contact your U.S. EPA Regional
Office to find out if the authority to implement and enforce this
regulation is delegated to your State, local, or tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of U.S. EPA and are not transferred to
the State, local, or tribal agency.
(c) The authorities that will not be delegated to State, local, or
tribal agencies are as follows:
(1) Approval of alternative nonopacity emissions standards under
Sec. 63.6(g).
(2) Approval of alternative opacity standards under
Sec. 63.6(h)(9).
(3) Approval of major alternatives to test methods under
Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
(4) Approval of major alternatives to monitoring under Sec. 63.8(f)
and as defined in Sec. 63.90.
(5) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f) and as defined in Sec. 63.90.

[[Page 34274]]

Sec. 63.2872 What definitions apply to this subpart?

Terms used in this subpart are defined in the sources listed in
paragraphs (a) through (c) of this section:
(a) The Clean Air Act, title III, section 112(a).
(b) In 40 Sec. 63.2, the NESHAP General Provisions.
(c) In this section as follows:
Actual solvent loss means the gallons of solvent lost from a source
during 12 operating months as determined in accordance with
Sec. 63.2853.
Agricultural product means any commercially grown plant or plant
product.
Allowable HAP loss means the gallons of HAP that would have been
lost from a source if the source was operating at the solvent loss
factor for each oilseed type. The allowable HAP loss in gallons is
determined by multiplying the tons of each oilseed type processed
during the previous 12 operating months, as determined in accordance
with Sec. 63.2855, by the corresponding oilseed solvent loss factor
(gal/ton) listed in Table 1 in Sec. 63.2840, and by the dimensionless
constant 0.64, and summing the result for all oilseed types processed.
Area source means any source that does not meet the major source
definition.
Batch operation means any process that operates in a manner where
the addition of raw material and withdrawal of product do not occur
simultaneously. Typically, raw material is added to a process,
operational steps occur, and a product is removed from the process.
More raw material is then added to the process and the cycle repeats.
Calendar month means 1 month as specified in a calendar.
Compliance date means the date on which monthly compliance
recordkeeping begins. For existing sources, recordkeeping typically
begins 3 years after [the promulgation date of the subpart]. For new
and reconstructed sources, recordkeeping typically begins upon initial
startup, except as noted in Sec. 63.2834.
Compliance ratio means a ratio of the actual HAP loss in gallons
from the previous 12 operating months to an allowable HAP loss in
gallons, which is determined by using oilseed solvent loss factors in
Table 1 in Sec. 63.2840, the weighted average volume fraction of HAP in
solvent received for the previous 12 operating months, and the tons of
each type of listed oilseed processed in the previous 12 operating
months. Months during which no listed oilseed is processed, or months
during which the Sec. 63.2850(c)(2) or Sec. 63.2850(d)(2) initial
startup period or the Sec. 63.2850(e)(2) malfunction period applies,
are excluded from this calculation. Equation 2 in Sec. 63.2840 of this
subpart is used to calculate this value. If the value is less than or
equal to 1.00, the source is in compliance. If the value is greater
than 1.00, the source is deviating from compliance.
Continuous operation means any process that adds raw material and
withdraws product simultaneously. Mass, temperature, concentration and
other properties typically approach steady-state conditions.
Conventional desolventizer means a desolventizer toaster that
operates with indirect and direct-contact steam to remove solvent from
the extracted meal. Oilseeds processed in a conventional desolventizer
produce crude vegetable oil and crude meal products, such as animal
feed.
Corn germ dry milling means a source that processes corn germ that
has been separated from the other corn components using a ``dry''
process of mechanical chafing and air sifting.
Corn germ wet milling means a source that processes corn germ that
has been separated from other corn components using a ``wet'' process
of centrifuging a slurry steeped in a dilute sulfurous acid solution.
Exempt period means a period of time during which a source
processes agricultural products not defined as listed oilseed.
Extraction solvent means an organic chemical medium used to remove
oil from an oilseed. Typically, the extraction solvent is a commercial
grade of hexane isomers which have an approximate HAP content of 64
percent by volume.
Hazardous air pollutant (HAP) means any substance or mixture of
substances listed as a hazardous air pollutant under section 112(b) of
the Clean Air Act, as of May 26, 2000.
Initial startup date means the first calendar day that a new,
reconstructed or significantly modified source processes any oilseed.
Initial startup period means a period of time from the initial
startup date of a new, reconstructed or significantly modified source,
for which you choose to operate the source under an initial startup
period subject to Sec. 63.2850(c)(2) or Sec. 63.2850(d)(2). During an
initial startup period, a source is in compliance with the standards by
following the operating and maintenance procedures listed for
minimizing HAP emissions in the source's SSM plan rather than being
subject to a HAP emission limit. The initial startup period following
initial startup of a new or reconstructed source may not exceed 6
calendar months. The initial startup period following a significant
modification may not exceed 3 calendar months. Solvent and oilseed
inventory information recorded during the initial startup period is
excluded from use in any compliance ratio determinations.
Large cottonseed plant means a vegetable oil production process
that processes 120,000 tons or more of cottonseed and other listed
oilseed during all normal operating periods in a 12 operating month
period used to determine compliance. Listed oilseed is defined with the
entry for oilseed.
Malfunction period means a period of time between the beginning and
end of a process malfunction and the time reasonably necessary for a
source to correct the malfunction for which you choose to operate the
source under a malfunction period subject to Sec. 63.2850(e)(2). This
period may include the duration of an unscheduled process shutdown,
continued operation during a malfunction, or the subsequent process
startup after a shutdown resulting from a malfunction. During a
malfunction period, a source complies with the standards by following
the operating and maintenance procedures described for minimizing HAP
emissions in the source's SSM plan rather than being subject to a HAP
emission limit. Therefore, solvent and oilseed inventory information
recorded during a malfunction period is excluded from use in any
compliance ratio determinations.
Mechanical extraction means removing vegetable oil from oilseeds
using only mechanical devices such as presses or screws that physically
force the oil from the oilseed. Mechanical extraction techniques use no
organic solvents to remove oil from an oilseed.
Nonoperating period means any period of time in which a source
processes no agricultural product. This operating status does not apply
during any period in which the source operates under an initial startup
period as described in Sec. 63.2850(c)(2) or Sec. 63.2850(d)(2), or a
malfunction period, as described in Sec. 63.2850(e)(2).
Normal operating period means any period of time in which a source
processes a listed oilseed that is not categorized as an initial
startup period as described in Sec. 63.2850(c)(2) or
Sec. 63.2850(d)(2), or a malfunction period, as described in
Sec. 63.2850(e)(2). At the beginning and ending dates of a normal
operating period, solvent and oilseed inventory information is recorded
and

[[Page 34275]]

included in the compliance ratio determination.
Oilseed or listed oilseed means the following agricultural
products: corn germ, cottonseed, flax, peanut, rapeseed (for example,
canola), safflower, soybean, and sunflower.
Oilseed solvent loss factor means a ratio expressed as gallons of
solvent loss per ton of oilseed processed. A solvent loss factor was
determined for each type of listed oilseed and process operation based
on the MACT floor. The solvent loss factors are presented in Table 1 in
Sec. 63.2840 and are used to determine the allowable HAP loss.
Operating month means any calendar month in which a source
processes any quantity of listed oilseed, excluding any entire calendar
month in which the source operated under an initial startup period as
described in Sec. 63.2850(c)(2) or Sec. 63.2850(d)(2), or a malfunction
period, as described in Sec. 63.2850(e)(2). An operating month may
include time intervals characterized by several types of operating
status. However, an operating month must have at least one normal
operating period.
Significant modification means the addition of new equipment or the
modification of existing equipment that:
(1) Significantly affects solvent losses from your vegetable oil
production process;
(2) The fixed capital cost of the new components represents a
significant percentage of the fixed capital cost of building a
comparable new vegetable oil production process; and
(3) The fixed capital cost of the new equipment does not constitute
reconstruction as defined in Sec. 63.2 of the General Provisions.
(4) Examples of significant modifications include replacement of or
major changes to solvent recovery equipment such as extractors,
desolventizer-toasters/dryer-coolers, flash desolventizers, and
distillation equipment associated with the mineral oil system, and
equipment affecting desolventizing efficiency and steady state
operation of your vegetable oil production process such as flaking
mills, oilseed heating and conditioning equipment, and cracking mills.
Small cottonseed plant means a vegetable oil production process
that processes less than 120,000 tons of cottonseed and other listed
oilseed during all normal operating periods in a 12 operating month
period used to determine compliance.
Solvent extraction means removing vegetable oil from listed oilseed
using an organic solvent in a direct-contact system.
Solvent working capacity means the volume of extraction solvent
normally retained in solvent recovery equipment. Examples include
components such as the solvent extractor, desolventizer-toaster,
solvent storage and working tanks, mineral oil absorption system,
condensers, and oil/solvent distillation system.
Specialty desolventizer means a desolventizer that removes excess
solvent from soybean meal using vacuum conditions, energy from
superheated solvent vapors, or reduced operating conditions (e.g.,
temperature) as compared to the typical operation of a conventional
desolventizer. Soybeans processed in a specialty desolventizer result
in high-protein vegetable meal products for human and animal
consumption, such as calf milk replacement products and meat extender
products.
Vegetable oil production process means the equipment comprising a
continuous process for producing crude vegetable oil and meal products,
including specialty soybean products, in which oil is removed from
listed oilseeds through direct contact with an organic solvent. Process
equipment typically includes the following components: Oilseed
preparation operations (including conditioning, drying, dehulling, and
cracking), solvent extractors, desolventizer-toasters, meal dryers,
meal coolers, meal conveyor systems, oil distillation units, solvent
evaporators and condensers, solvent recovery system (also referred to
as a mineral oil absorption system), vessels storing solvent-laden
materials, and crude meal packaging and storage vessels. A vegetable
oil production process does not include vegetable oil refining
operations (including operations such as bleaching, hydrogenation, and
deodorizing) and operations that engage in additional chemical
treatment of crude soybean meals produced in specialty desolventizer
units (including operations such as soybean isolate production).

[FR Doc. 00-12794 Filed 5-25-00; 8:45 am]
BILLING CODE 6560-50-P

Notices For
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National Emission Standards for Hazardous Air Pollutants: Solvent Extraction for Vegetable Oil Production

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