[Federal Register Volume 66, Number 71 (Thursday, April 12, 2001)]
[Rules and Regulations]
[Pages 19006-19026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8801]



[[Page 19005]]

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Part II





Environmental Protection Agency





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40 CFR Part 63



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

  Federal Register / Vol. 66, No. 71 / Thursday, April 12, 2001 / Rules 
and Regulations  

[[Page 19006]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-6965-5]
RIN 2060-AH22


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

EFFECTIVE DATE: April 12, 2001.

ADDRESSES: Docket No. A-97-59 contains supporting information used in 
developing the standards. The docket is located at the U.S. EPA, 401 M 
Street, SW., Washington, DC 20460 in room M-1500, Waterside Mall 
(ground floor), and may be inspected from 8:30 a.m. to 5:30 p.m., 
Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: For information concerning 
applicability and rule determinations, contact your State or local 
representative or the appropriate EPA Regional Office representative. 
For information concerning the analyses performed in developing these 
NESHAP, contact Mr. James F. Durham, Waste & Chemical Processes Group, 
Emission Standards Division, (MD-13), U.S. EPA, Research Triangle Park, 
North Carolina 27711; telephone number (919) 541-5672; facsimile number 
(919) 541-0246; electronic mail address: [email protected].

SUPPLEMENTARY INFORMATION:
    Docket. The docket is an organized and complete file of all the 
information considered by the EPA in the development of today's final 
rule. The docket is a dynamic file because material is added throughout 
the rulemaking process. The docketing system is intended to allow 
members of the public and industries involved to readily identify and 
locate documents so that they can effectively participate in the 
rulemaking process. Along with the proposed and promulgated standards 
and their preambles, the contents of the docket will serve as the 
record in the case of judicial review. (See section 307(d)(7)(A) of the 
CAA.) The regulatory text and other materials related to today's final 
rule are available for review in the docket or copies may be mailed on 
request from the Air Docket by calling (202) 260-7548. A reasonable fee 
may be charged for copying docket materials.
    World Wide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's final rule will also be available on the 
WWW through the Technology Transfer Network (TTN). Following signature, 
a copy of today's final rule will be posted on the TTN's policy and 
guidance page for newly proposed or promulgated rules http://www.epa.gov/ttn/oarpg. The TTN provides information and technology 
exchange in various areas of air pollution control. If more information 
regarding the TTN is needed, call the TTN HELP line at (919) 541-5384.
    Regulated Entities. If your facility produces vegetable oil from 
corn germ, cottonseed, flax, peanuts, rapeseed (for example, canola), 
safflower, soybeans, or sunflower, it may be a ``regulated entity.'' 
Categories and entities potentially regulated by this action include:

----------------------------------------------------------------------------------------------------------------
                   Category                      SIC  code      NAICS         Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industry......................................         2074       311223  Cottonseed oil mills.
                                                       2075       311222  Soybean oil mills.
                                                       2076       311223  Other vegetable oil mills, excluding
                                                                           soybeans and cottonseed mills.
                                                       2079       311223  Other vegetable oil mills, excluding
                                                                           soybeans and cottonseed mills.
                                                       2048       311119  Prepared feeds and feed ingredients
                                                                           for animals and fowls, excluding dogs
                                                                           and cats.
                                                       2041       311211  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 provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your facility is regulated by this action, 
you should examine the applicability criteria in Sec. 63.2832 of 
today's final rule. If you have any questions regarding the 
applicability of this action to a particular entity, consult the 
appropriate EPA Regional Office representative.
    Judicial Review. The NESHAP for solvent extraction for vegetable 
oil production were proposed on May 26, 2000 (65 FR 34252). Today's 
final rule announces the EPA's final decision on the rule. Under 
section 307(b)(1) of the CAA, judicial review of these NESHAP is 
available by filing a petition for review in the U.S. Court of Appeals 
for the District of Columbia Circuit by June 11, 2001. Only those 
objections to this rule which were raised with reasonable specificity 
during the period for public comment may be raised during judicial 
review. Under section 307(b)(2) of the CAA, the requirements that are 
the subject of today's final rule may not be challenged later in civil 
or criminal

[[Page 19007]]

proceedings brought by the EPA to enforce these requirements.
    Outline. The information presented in this preamble is organized as 
follows:

I. What are the environmental, energy, cost, and economic impacts?
II. What significant comments did we consider and what changes and 
clarifications did we make to the proposed standards?
III. What are the administrative requirements for this rule?
    A. Executive Order 12866, Regulatory Planning and Review
    B. Executive Order 13132, Federalism
    C. Executive Order 13175, Consultation and Coordination with 
Indian Tribal Governments
    D. Executive Order 13045, Protection of Children from 
Environmental Health Risks and Safety Risks
    E. Unfunded Mandates Reform Act
    F. Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 
U.S.C. 601 et seq.
    G. Paperwork Reduction Act
    H. National Technology Transfer and Advancement Act of 1995
    I. Congressional Review Act

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

    The nationwide environmental and cost impacts for today's final 
rule are presented in Table 1 of this preamble. Additional information 
on the costs and environmental impacts of control options are discussed 
in the following five documents, which can be found in docket A-97-59:
    (1) National Emission Standards for Hazardous Air Pollutants: 
Solvent Extraction for Vegetable Oil Production; proposed rule (65 FR 
34252, May 26, 2000).
    (2) Public Comments and EPA Responses to the Proposed NESHAP for 
Solvent Extraction for Vegetable Oil Production; memorandum dated 
November 13, 2000.
    (3) Summary of Environmental and Energy Impacts for the MACT Floor; 
memorandum dated September 24, 1999.
    (4) Final Summary of Emission Reductions and Control Costs 
Associated with Achieving the MACT Floor and a Control Option Above the 
MACT Floor; memorandum dated November 10, 2000.

      Table 1.--Summary of National Impacts for the Solvent Extraction for Vegetable Oil Production NESHAP
----------------------------------------------------------------------------------------------------------------
Emissions reductions (tpy)                                   Annual                      Cost effectiveness ($/
---------------------------    Overall        Total        monitoring,    Total annual            ton)
                              emission       capital    recordkeeping, &      cost     -------------------------
     VOC           HAP        reduction    investment     reporting cost   (million $/
                              (percent)    (million $)   (million $/yr)        yr)          VOC          HAP
----------------------------------------------------------------------------------------------------------------
    10,600         6,800            25          29.7             4.2            12.3         1,200        1,800
----------------------------------------------------------------------------------------------------------------

    (5) Summary of Environmental and Energy Impacts for Above the MACT 
Floor Regulatory Option; memorandum dated November 1, 2000.
    The economic impacts of the MACT floor are discussed in the 
proposed regulation and in the document, ``Economic Analysis of Air 
Pollution Regulations: Vegetable Oil Industry.'' The major findings 
regarding the economic impacts of the rule have not changed as a result 
of public comments submitted on the proposed rule. Individual 
facilities within the industry may experience revenue increases or 
decreases, depending on their costs of production, but on average the 
industry revenues are anticipated to increase slightly. No facilities 
are expected to close as a result of the rule and labor market impacts 
and international trade impacts are also anticipated to be minimal. 
Minor revisions to the economic analysis were made in response to 
public comments on the proposed rule. Both the original and the revised 
economic documents are in docket A-97-59.

II. What Significant Comments Did We Consider and What Changes and 
Clarifications Did We Make to the Proposed Standards?

    A comprehensive summary of public comments and responses can be 
found in the document entitled ``Public Comments and Responses to the 
Proposed NESHAP for Solvent Extraction for Vegetable Oil Production'' 
(Docket No. A-97-59). The only major change we made to the rule based 
on public comments was allowing the substitution of an accounting month 
for a calendar month to determine solvent losses and the quantities of 
oilseed processed by an affected source.
    One commenter brought to our attention that some facilities 
determine solvent losses and the quantity of oilseed processed on the 
basis of an accounting month, which may consist of approximately 4 to 5 
calendar weeks. The end of an accounting month may not correspond 
exactly to the end of a calendar month. Thus, an accounting month may 
end before or after a corresponding calendar month. However, 12 
accounting months correspond exactly to a calendar year. To accommodate 
facilities which determine the quantities of oilseed processed in this 
manner, we revised the rule to allow solvent loss and oilseed crush 
determinations to coincide with accounting practices, as long as there 
are twelve determinations in a calendar year of approximately equal 
duration. This clarification can be found in Secs. 63.2853(a)(1) and 
63.2855(a)(1) of the final rule.
    We also made the following five clarifications, which did not add 
or change any of the proposed regulatory requirements.
    (1) In Sec. 63.2832(b)(4), we clarified that research and 
development facilities are not subject to this rule (provided they are 
not major sources).
    (2) In Sec. 63.2832(c), we clarified that an area source will 
become subject to this rule if it increases its HAP emissions (or its 
potential to emit HAP) such that the source becomes categorized as a 
major source of HAP emissions.
    (3) In Sec. 63.2854(b)(1), we changed the name of the hazardous air 
pollutant data sheet to ``manufacturer's certificate of analysis'' 
which is a more appropriate term for the solvent extraction for 
vegetable oil production industry. Thus, the final rule will permit 
affected sources to use either material safety data sheets or 
``manufacturer's certificates of analysis'' to determine the HAP 
content of the extraction solvent.
    (4) In Sec. 63.2855, we clarified that all oilseed measurements 
must be determined on an ``as received'' basis which refers to the 
oilseed physical and chemical characteristics as initially received by 
the source and prior to any oilseed handling and processing.
    (5) In Sec. 63.2871(a), we clarified that the U.S. EPA still has 
authority to implement and enforce this rule, even if the authority has 
been delegated to your State, local, or tribal agency.

[[Page 19008]]

III. What Are the Administrative Requirements for This Rule?

A. Executive Order 12866, Regulatory Planning and Review

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

B. Executive Order 13132, Federalism

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

C. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    On January 1, 2001, Executive Order 13084 was superseded by 
Executive Order 13175. However, this rule was developed during the 
period when Executive Order 13084 was still in force, and so tribal 
considerations were addressed under Executive Order 13084. Under 
Executive Order 13084, EPA may not issue a regulation that is not 
required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to the OMB, in a separately identified section 
of the preamble to the rule, a description of the extent of EPA's prior 
consultation with representatives of affected tribal governments, a 
summary of the nature of their concerns, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 13084 
requires EPA to develop an effective process permitting elected 
officials and other representatives of Indian tribal governments ``to 
provide meaningful and timely input in the development of regulatory 
policies on matters that significantly or uniquely affect their 
communities.''
    Today's final rule does not significantly or uniquely affect the 
communities of Indian tribal governments. No known vegetable oil 
production facility is located within the jurisdiction of any tribal 
government. Accordingly, the requirements of section 3(b) of Executive 
Order 13084 do not apply to today's final rule.

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

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies 
to any rule that:
    (1) Is determined to be ``economically significant'' as defined 
under Executive Order 12866; and
    (2) Concerns an environmental health or safety risk that EPA has 
reason to believe may have a disproportionate effect on children. If 
the regulatory action meets both criteria, EPA must evaluate the 
environmental health or safety effects of the planned rule on children, 
and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by EPA.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. Today's final rule is not 
subject to Executive Order 13045 because it establishes an 
environmental standard based on available technology rather than 
reduction of health risk. No children's risk analysis was performed 
because no alternative technologies exist that would provide greater 
stringency at a reasonable cost. Furthermore, today's final rule has 
been determined not to be

[[Page 19009]]

``economically significant'' as defined under Executive Order 12866.

E. Unfunded Mandates Reform Act of 1995

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

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

    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with today's final rule. 
The EPA has also determined that today's final rule will not have a 
significant economic impact on a substantial number of small entities. 
For purposes of assessing the impact of today's final rule on small 
entities, small entities are defined as small businesses, small not-
for-profit enterprises, and small governmental jurisdictions.
    For today's final rule, the impacted small entities are businesses, 
and the Small Business Administration defines the criteria used to 
designate a business as small. The relevant small business criteria are 
shown below.

   Table 2.--Affected Industry Classification Codes and Small Business
 Criteria for the Solvent Extraction for Vegetable Oil Production NESHAP
------------------------------------------------------------------------
                                                        Small business
               SIC                       NAICS           criteria (by
                                                            NAICS)
------------------------------------------------------------------------
2046--Wet Corn Milling..........  311221--Wet Corn    fewer than 750
                                   Milling.            employees.
2041--Flour and Other Grain Mill  311211--Flour       fewer than 500
 Products.                         Milling.            employees.
2074--Cottonseed Oil Mills......  311223--Other       fewer than 1,000
                                   Oilseed             employees.
                                   Processing.
2075--Soybean Oil Mills.........  311222--Soybean     fewer than 500
                                   Processing.         employees.
2076--Vegetable Oil Mills.......  311223--Other       fewer than 1,000
                                   Oilseed             employees.
                                   Processing.
------------------------------------------------------------------------

    Based upon these criteria, 15 companies operating oilseed 
processing facilities are small businesses. These small businesses 
operated 21 vegetable oil processing facilities or 20 percent of the 
solvent extraction facilities in operation during 1995. Sixteen of 
these 21 facilities were cottonseed processing mills indicating that 64 
percent of the 25 cottonseed processing facilities operating in 1995 
were operated by small businesses.
    After considering the economic impacts of today's final rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. We have 
analyzed the potential impact on the small entities by calculating the 
ratio of estimated annualized emissions control costs relative to 
baseline 1995 sales revenue for each small company expected to be 
impacted by the rule. While the cost-to-sales ratio (CSR) has different 
significance for different market situations, it is a good rough gauge 
of potential impact. If costs for the individual firm (or group of 
firms) are completely passed on to the purchasers of the good(s) being 
produced, the ratio is an estimate of the price increase (in percentage 
form after multiplying the ratio by 100). If costs are completely 
absorbed by the producer, this ratio is an estimate of the decrease in 
pretax profits (in percentage form after multiplying the ratio by 100). 
The distribution of CSR's across the whole market, the competitiveness 
of the market, and profit-to-sales ratios are among the obvious factors 
that may influence the significance of any particular CSR for an 
individual facility. The mean or average CSR for small companies 
affected by today's final rule is 0.30 percent, with range of CSR from 
a low of 0.03 percent to a high estimate of 0.61 percent. As a result 
of the increased costs of emissions controls, these firms will either 
increase the price of their products in response to a market change in 
price, absorb the cost increase with no price increase, or respond with 
a combination of these approaches. Since the estimated costs as a 
percentage of sales is relatively minimal for the affected small 
oilseed processing companies, it is anticipated that the rule will not 
have a significant impact on the profitability of affected companies.
    Many cottonseed processing facilities are owned by small 
businesses. Ten of the 25 cottonseed processing facilities have ceased 
operation or are currently dormant subsequent to the baseline year of 
1995. These factors prompted an additional analysis to determine 
whether cottonseed processing facilities will experience significant 
economic

[[Page 19010]]

impacts as a result of today's final rule. For this analysis, the 
estimated costs of emissions controls for an individual facility were 
compared to the estimated 1995 sales revenue for that facility to 
estimate facility-specific CSR's. A CSR exceeding 1 percent was 
determined to be an indicator of the potential for a significant 
economic impact for cottonseed processing facilities. For the nine 
cottonseed processing facilities currently operating that are owned by 
small businesses, the average CSR is 0.28 percent with a high-low range 
of 0.05 to 0.52 percent. These estimated costs as a percent of sales 
are less than 1 percent indicating that significant economic impacts 
are not likely for the cottonseed facilities owned by small businesses 
as a result of today's final rule.
    Although today's final rule will not have a significant economic 
impact on a substantial number of small entities, EPA nonetheless has 
tried to reduce the impact of this rule on small entities. We worked 
closely with a coalition of four industrial trade associations 
throughout the rule development process. As a result of this 
interaction, separate standards were developed for each type of oilseed 
because of differences in the operating practices and the capabilities 
to reduce emissions among the oilseeds affected by the rule. In 
addition, the rule regulates total plant solvent losses rather than 
losses from each emission point, thus providing flexibility to select 
control options that are most cost effective for each plant. Moreover, 
the monitoring, recordkeeping, and reporting costs are low because 
compliance can be determined from existing plant records of purchases 
and inventories of solvent and oilseeds. These steps have reduced the 
burden of the rule for both large and small plants.
    Further steps were taken to reduce the burden for small cottonseed 
oil plants. The performance standards in today's final rule are 
expressed in terms of gallons of emissions per ton of seeds processed 
because most of the emissions relate to the seed processing rate. 
However, a small percentage of the emissions, such as those from plant 
shutdowns and startups, are not related to the seed throughput. These 
``fixed'' emissions become more significant for small plants because 
they tend to shutdown and startup more frequently than large plants. 
The cottonseed oil producers pointed out that this situation was 
particularly troublesome for small cottonseed oil plants. In response 
to the industry's concern, we requested additional information from the 
industry regarding the operating practices and emissions from small 
cottonseed oil plants. After examining this information, separate, less 
stringent performance standards were developed to reflect the 
intermittent operation of this segment of the industry.

G. Paperwork Reduction Act

    The information collection requirements in today's final rule will 
be submitted for approval to the OMB under the Paperwork Reduction Act, 
44 U.S.C. 3501 et seq. An Information Collection Request (ICR) document 
has been prepared by EPA (ICR No. 1947-02) and a copy may be obtained 
from Sandy Farmer by mail at the U.S. Environmental Protection Agency, 
Office of Environmental Information, Collection Strategies Division 
(2822), 1200 Pennsylvania Avenue NW, Washington, DC 20460, by e-mail at 
[email protected], or by calling (202) 260-2740. A copy may also be 
downloaded off the internet at http://www.epa.gov/icr. The information 
requirements are not effective until OMB approves them.
    The information requirements are based on notification, 
recordkeeping, and reporting requirements in the NESHAP General 
Provisions (40 CFR part 63, subpart A), which are mandatory for all 
operators subject to national emission standards. These recordkeeping 
and reporting requirements are specifically authorized by section 114 
of the CAA (42 U.S.C. 7414). All information submitted to the EPA 
pursuant to the recordkeeping and reporting requirements for which a 
claim of confidentiality is made is safeguarded according to EPA 
policies set forth in 40 CFR part 2, subpart B.
    The total 3-year burden of monitoring, recordkeeping, and reporting 
for this collection is estimated at 30,275 labor hours, and the annual 
average burden is 10,092 labor hours for the affected facilities. There 
are no required capital and operations and maintenance costs for the 
solvent extraction for vegetable oil production NESHAP. This estimate 
includes initial notification(s); plan for demonstrating compliance; 
startup, shutdown, and malfunction (SSM) plan; notification of 
compliance status; monthly inventory recordkeeping; monthly 
determination of the compliance ratio; annual compliance 
certifications; deviation notification reports; periodic SSM reports; 
and immediate SSM reports for each of the 106 existing sources and one 
new source per year from proposal.
    Burden means the total time, effort, or financial resources people 
spend to generate, maintain, keep, or disclose to or for a Federal 
agency. This includes the time needed to review instructions; develop, 
acquire, install, and use technology and systems to collect, validate, 
and verify information; process, maintain, disclose, and provide 
information; adjust ways to comply with any previously applicable 
instructions and requirements; train people to respond to a collection 
of information; search data sources; collect and review information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are in 40 CFR part 9 and 48 CFR chapter 15.

H. National Technology Transfer and Advancement Act of 1995

    Under section 12(d) of the National Technology Transfer and 
Advancement Act (NTTAA) of 1995 (Public Law No. 104-113), all Federal 
agencies are required to use voluntary consensus standards (VCS) in 
their regulatory and procurement activities unless to do so would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, business practices) 
developed or adopted by one or more voluntary consensus bodies. The 
NTTAA requires Federal agencies to provide Congress, through annual 
reports to the OMB, with explanations when an agency does not use 
available and applicable VCS.
    Consistent with the NTTAA, the EPA conducted a search for EPA's 
Method 311 (Analysis of Hazardous Air Pollutant Compounds in Paints and 
Coatings by Direct Injection into a Gas Chromatograph) and found no 
candidate VCS for use in identifying n-hexane. This rule references the 
National Emission Standards for Closed Vent Systems, Control Devices, 
Recovery Devices, and Routing to a Fuel Gas System or a Process (40 CFR 
part 63, subpart SS). Since there are no new technical standard 
requirements resulting from specifying subpart SS in this rule, and no 
candidate consensus standards were identified for EPA Method 311 (n-
hexane), EPA is not adopting VCS in today's final rule.
    Section 63.2854(b)(1) of today's final rule lists EPA Method 311. 
The EPA Method 311 has been used by States and industry for 
approximately 5 years. Nevertheless, under Sec. 63.7(f) of 40 CFR part 
63, subpart A, today's final rule allows any State or source to apply 
to EPA for permission to use an alternative method in lieu of EPA 
Method 311 listed in Sec. 63.2854(b)(1).

[[Page 19011]]

I. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the SBREFA, generally provides that before a rule may take effect, the 
agency promulgating the rule must submit a rule report, which includes 
a copy of the rule, to each House of the Congress and to the 
Comptroller General of the United States. Therefore, we will submit a 
report containing this final rule and other required information to the 
U.S. Senate, the U.S. House of Representatives, and the Comptroller 
General of the United States prior to publication of the rule in the 
Federal Register. A major rule cannot take effect until 60 days after 
it is published in the Federal Register. This final rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2), and therefore will be 
effective April 12, 2001.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: April 3, 2001.
Christine Todd Whitman,
Administrator.

    For the reasons stated in the preamble, title 40, chapter I, part 
63, of the Code of the Federal Regulations is amended as follows:

PART 63--[AMENDED]

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

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

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

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

Sec.

What This Subpart Covers

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

Standards

63.2840   What emission requirements must I meet?

Compliance Requirements

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

Notifications, Reports, and Records

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

Other Requirements and Information

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

What This Subpart Covers


Sec. 63.2830  What is the purpose of this subpart?

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


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

    You can find definitions of key words used in this subpart in 
Sec. 63.2872.


Sec. 63.2832  Am I subject to this subpart?

    (a) You are an affected source subject to this subpart if you meet 
all of the criteria listed in paragraphs (a)(1) and (2) of this 
section:
    (1) You own or operate a vegetable oil production process that is a 
major source of HAP emissions or is collocated within a plant site with 
other sources that are individually or collectively a major source of 
HAP emissions.
    (i) A vegetable oil production process is defined in Sec. 63.2872. 
In general, it is the collection of continuous process equipment and 
activities that produce crude vegetable oil and meal products by 
removing oil from oilseeds listed in Table 1 to Sec. 63.2840 through 
direct contact with an organic solvent, such as a hexane isomer blend.
    (ii) A major source of HAP emissions is a plant site that emits or 
has the potential to emit any single HAP at a rate of 10 tons (9.07 
megagrams) or more per year or any combination of HAP at a rate of 25 
tons (22.68 megagrams) or more per year.
    (2) Your vegetable oil production process processes any combination 
of eight types of oilseeds listed in paragraphs (a)(2)(i) through 
(viii) of this section:
    (i) Corn germ;
    (ii) Cottonseed;
    (iii) Flax;
    (iv) Peanut;
    (v) Rapeseed (for example, canola);
    (vi) Safflower;
    (vii) Soybean; and
    (viii) Sunflower.
    (b) You are not subject to this subpart if your vegetable oil 
production process meets any of the criteria listed in paragraphs 
(b)(1) through (4) of this section:
    (1) It uses only mechanical extraction techniques that use no 
organic solvent to remove oil from a listed oilseed.
    (2) It uses only batch solvent extraction and batch desolventizing 
equipment.
    (3) It processes only agricultural products that are not listed 
oilseeds as defined in Sec. 63.2872.
    (4) It functions only as a research and development facility and is 
not a major source.
    (c) As listed in Sec. 63.1(c)(5) of the General Provisions, if your 
HAP emissions increase such that you become a major source, then you 
are subject to all of the requirements of this subpart.


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

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

[[Page 19012]]



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

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


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

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

Table 1 of Sec.  63.2834.--Compliance Dates for Existing and New Sources
------------------------------------------------------------------------
                                                           Then your
   If your affected source is          And if...        compliance date
        categorized as...                                    is...
------------------------------------------------------------------------
(a) an existing source..........  ..................  3 years after the
                                                       effective date of
                                                       this subpart.
(b) a new source................  you startup your    the effective date
                                   affected source     of this subpart.
                                   before the
                                   effective date of
                                   this subpart.
(c) a new source................  you startup your    your startup date.
                                   affected source
                                   on or after the
                                   effective date of
                                   this subpart.
------------------------------------------------------------------------

Standards


Sec. 63.2840  What emission requirements must I meet?

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

[[Page 19013]]

[GRAPHIC] [TIFF OMITTED] TR12AP01.001

    (2) Equation 1 of this section can also be expressed as a function 
of total solvent loss as shown in Equation 2 of this section. Equation 
2 of this section follows:
[GRAPHIC] [TIFF OMITTED] TR12AP01.002


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

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

    (b) When your source has processed listed oilseed for 12 operating 
months, calculate the compliance ratio by the end of each calendar 
month following an operating month using Equation 2 of this section. 
When calculating your compliance ratio, consider the conditions and 
exclusions in paragraphs (b)(1) through (6) of this section:
    (1) If your source processes any quantity of listed oilseeds in a 
calendar month and the source is not operating under an initial startup 
period or malfunction period subject to Sec. 63.2850, then you must 
categorize the month as an operating month, as defined in Sec. 63.2872.
    (2) The 12-month compliance ratio may include operating months 
occurring prior to a source shutdown and operating months that follow 
after the source resumes operation.
    (3) If your source shuts down and processes no listed oilseed for 
an entire calendar month, then you must categorize the month as a 
nonoperating month, as defined in Sec. 63.2872. Exclude any 
nonoperating months from the compliance ratio determination.

[[Page 19014]]

    (4) If your source is subject to an initial startup period as 
defined in Sec. 63.2872, exclude from the compliance ratio 
determination any solvent and oilseed information recorded for the 
initial startup period.
    (5) If your source is subject to a malfunction period as defined in 
Sec. 63.2872, exclude from the compliance ratio determination any 
solvent and oilseed information recorded for the malfunction period.
    (6) For sources processing cottonseed or specialty soybean, the 
solvent loss factor you use to determine the compliance ratio may 
change each operating month depending on the tons of oilseed processed 
during all normal operating periods in a 12 operating month period.
    (c) If the compliance ratio is less than or equal to 1.00, your 
source was in compliance with the HAP emission requirements for the 
previous operating month.
    (d) To determine the compliance ratio in Equation 2 of this 
section, you must select the appropriate oilseed solvent loss factor 
from Table 1 of this section. First, determine whether your source is 
new or existing using Table 1 of Sec. 63.2833. Then, under the 
appropriate existing or new source column, select the oilseed solvent 
loss factor that corresponds to each type oilseed or process operation 
for each operating month.

Compliance Requirements


Sec. 63.2850  How do I comply with the hazardous air pollutant emission 
standards?

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

[[Page 19015]]

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

               Table 1 of Sec.  63.2850.--Requirements for Compliance with HAP Emission Standards
----------------------------------------------------------------------------------------------------------------
                                                                For initial startup
                                      For periods of normal   periods subject to Sec.   For malfunction periods
     Are you required to . . .             operation?        63.2850(c)(2) or (d)(2)?       subject to Sec.
                                                                                             63.2850(e)(2)?
----------------------------------------------------------------------------------------------------------------
(a) Operate and maintain your        No, your source is not  Yes, throughout the       Yes, throughout the
 source in accordance with your SSM   subject to the SSM      entire initial startup    entire malfunction
 plan as described in Sec.            plan, but rather the    period.                   period.
 63.2852?.                            HAP emission limits
                                      of this standard.
(b) Determine and record the         Yes, as described in    Yes, as described in      Yes, as described in Sec.
 extraction solvent loss in gallons   Sec.  63.2853.          Sec.  63.2862(e).          63.2862(e).
 from your source?.
(c) Record the volume fraction of    Yes...................  Yes.....................  Yes.
 HAP present at greater than 1
 percent by volume and gallons of
 extraction solvent in shipment
 received?.
(d) Determine and record the tons    Yes, as described in    No......................  No.
 of each oilseed type processed by    Sec.  63.2855.
 your source?.
(e) Determine the weighted average   Yes...................  No. Except for solvent    No, the HAP volume
 volume fraction of HAP in                                    received by a new or      fraction in any solvent
 extraction solvent received as                               reconstructed source      received during a
 described in Sec.  63.2854 by the                            commencing operation      malfunction period is
 end of the following calendar                                under an initial          included in the weighted
 month?.                                                      startup period, the HAP   average HAP
                                                              volume fraction in any    determination for the
                                                              solvent received during   next operating month.
                                                              an initial startup
                                                              period is included in
                                                              the weighted average
                                                              HAP determination for
                                                              the next operating
                                                              month.
(f) Determine and record the actual  Yes,..................  No, these requirements    No, these requirements
 solvent loss, weighted average                               are not applicable        are not applicable
 volume fraction HAP, oilseed                                 because your source is    because your source is
 processed and compliance ratio for                           not required to           not required to
 each 12 operating month period as                            determine the             determine the compliance
 described in Sec.  63.2840 by the                            compliance ratio with     ratio with data recorded
 end of the following calendar                                data recorded for an      for a malfunction
 month?.                                                      initial startup period.   period.
(g) Submit a Notification of         Yes, as described in    No. However, you may be   No. However, you may be
 Compliance Status or Annual          Secs.  63.2860(d) and   required to submit an     required to submit an
 Compliance Certification as          63.2861(a).             annual compliance         annual compliance
 appropriate?.                                                certification for         certification for
                                                              previous operating        previous operating
                                                              months, if the deadline   months, if the deadline
                                                              for the annual            for the annual
                                                              compliance                compliance certification
                                                              certification happens     happens to occur during
                                                              to occur during the       the malfunction period.
                                                              initial startup period.
(h) Submit a Deviation Notification  Yes...................  No, these requirements    No, these requirements
 Report by the end of the calendar                            are not applicable        are not applicable
 month following the month in which                           because your source is    because your source is
 you determined that the compliance                           not required to           not required to
 ratio exceeds 1.00 as described in                           determine the             determine the compliance
 Sec.  63.2861(b)?.                                           compliance ratio with     ratio with data recorded
                                                              data recorded for an      for a malfunction
                                                              initial startup period.   period.
(i) Submit a Periodic SSM Report as  No, a SSM activity is   Yes.....................  Yes.
 described in Sec.  63.2861(c)?.      not categorized as
                                      normal operation.
(j) Submit an Immediate SSM Report   No, a SSM activity is   Yes, only if your source  Yes, only if your source
 as described in Sec.  63.2861(d)?.   not categorized as      does not follow the SSM   does not follow the SSM
                                      normal operation.       plan.                     plan.
----------------------------------------------------------------------------------------------------------------


     Table 2 of Sec.  63.2850.--Schedules for Demonstrating Compliance Under Various Source Operating Modes
----------------------------------------------------------------------------------------------------------------
                                                                          You must determine
                                                                              your first        Base your first
                                   and is operating        then your       compliance ratio    compliance ratio
     If your source is . . .          under. . .         recordkeeping     by the end of the    on information
                                                         schedule. . .      calendar month       recorded. . .
                                                                            following. . .
----------------------------------------------------------------------------------------------------------------
(a) Existing....................  Normal operation..  Begins on the       The first 12        During the first
                                                       compliance date.    operating months    12 operating
                                                                           after the           months after the
                                                                           compliance date.    compliance date.

[[Page 19016]]

 
(b) New.........................  (1) Normal          Begins on the       The first 12        During the first
                                   operation.          startup date of     operating months    12 operating
                                                       your new source.    after the startup   months after the
                                                                           date of the new     startup date of
                                                                           source.             the new source.
                                  (2) An initial      Begins on the       The first 12        During the first
                                   startup period.     startup date of     operating months    12 operating
                                                       your new source.    after termination   months after the
                                                                           of the initial      initial startup
                                                                           startup period,     period, which can
                                                                           which can last      last for up to 6
                                                                           for up to 6         months.
                                                                           months.
(c) Existing or new that has      (1) Normal          Resumes on the      The first           During the
 been significantly modified.      operation.          startup date of     operating month     previous 11
                                                       the modified        after the startup   operating months
                                                       source.             date of the         prior to the
                                                                           modified source.    significant
                                                                                               modification and
                                                                                               the first
                                                                                               operating month
                                                                                               following the
                                                                                               initial startup
                                                                                               date of the
                                                                                               source.
                                  (2) An initial      Resumes on the      The first           During the 11
                                   startup period.     startup date of     operating month     operating months
                                                       the modified        after termination   before the
                                                       source.             of the initial      significant
                                                                           startup period,     modification and
                                                                           which can last up   the first
                                                                           to 3 months.        operating month
                                                                                               after the initial
                                                                                               startup period.
----------------------------------------------------------------------------------------------------------------

Sec. 63.2851  What is a plan for demonstrating compliance?

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


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

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


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

    By the end of each calendar month following an operating month, you 
must determine the total solvent loss in gallons for the previous 
operating month. The total solvent loss for an operating month includes 
all solvent losses that occur during normal operating periods within 
the operating month. If you have determined solvent losses for 12 or 
more operating months,

[[Page 19017]]

then you must also determine the 12 operating months rolling sum of 
actual solvent loss in gallons by summing the monthly actual solvent 
loss for the previous 12 operating months. The 12 operating months 
rolling sum of solvent loss is the ``actual solvent loss,'' which is 
used to calculate your compliance ratio as described in Sec. 63.2840.
    (a) To determine the actual solvent loss from your source, follow 
the procedures in your plan for demonstrating compliance to determine 
the items in paragraphs (a)(1) through (7) of this section:
    (1) The dates that define each operating status period during a 
calendar month. The dates that define each operating status period 
include the beginning date of each calendar month and the date of any 
change in the source operating status. If the source maintains the same 
operating status during an entire calendar month, these dates are the 
beginning and ending dates of the calendar month. If, prior to the 
effective date of this rule, your source determines the solvent loss on 
an accounting month, as defined in Sec. 63.2872, rather than a calendar 
month basis, and you have 12 complete accounting months of 
approximately equal duration in a calendar year, you may substitute the 
accounting month time interval for the calendar month time interval. If 
you choose to use an accounting month rather than a calendar month, you 
must document this measurement frequency selection in your plan for 
demonstrating compliance, and you must remain on this schedule unless 
you request and receive written approval from the agency responsible 
for these NESHAP.
    (2) Source operating status. You must categorize the operating 
status of your source for each recorded time interval in accordance 
with criteria in Table 1 of this section, as follows:

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

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

[[Page 19018]]

measurement devices such as fan parameters, percent measurements of 
lower explosive limits, and combustion temperature.
    (ii) Changes in solvent working capacity. In records you keep on-
site, document any process modifications resulting in changes to the 
solvent working capacity in your vegetable oil production process. 
Solvent working capacity is defined in Sec. 63.2872. In general, 
solvent working capacity is the volume of solvent normally retained in 
solvent recovery equipment such as the extractor, desolventizer-
toaster, solvent storage, working tanks, mineral oil absorber, 
condensers, and oil/solvent distillation system. If the change occurs 
during a normal operating period, you must determine the difference in 
working solvent volume and make a one-time documented adjustment to the 
solvent inventory.
    (b) Use Equation 1 of this section to determine the actual solvent 
loss occurring from your affected source for all normal operating 
periods recorded within a calendar month. Equation 1 of this section 
follows:
[GRAPHIC] [TIFF OMITTED] TR12AP01.003

Where:

SOLVB = Gallons of solvent in the inventory at the beginning 
of normal operating period ``i'' as determined in paragraph (a)(3) of 
this section.
SOLVE = Gallons of solvent in the inventory at the end of 
normal operating period ``i'' as determined in paragraph (a)(3) of this 
section.
SOLVR = Gallons of solvent received between the beginning 
and ending inventory dates of normal operating period ``i'' as 
determined in paragraph (a)(4) of this section.
SOLVA = Gallons of solvent added or removed from the 
extraction solvent inventory during normal operating period ``i'' as 
determined in paragraph (a)(5) of this section.
n = Number of normal operating periods in a calendar month.

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


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

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

[[Page 19019]]

[GRAPHIC] [TIFF OMITTED] TR12AP01.004

Where:

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

    (3) Determine the volume fraction of HAP in your extraction solvent 
as a 12 operating months weighted average. When your source has 
processed oilseed for 12 operating months, sum the products of the 
monthly weighted average HAP volume fraction and corresponding volume 
of solvent received, and divide the sum by the total volume of solvent 
received for the 12 operating months, as expressed by Equation 2 of 
this section. Record the result by the end of each calendar month 
following an operating month and use it in Equation 2 of Sec. 63.2840 
to determine the compliance ratio. Equation 2 of this section follows:
[GRAPHIC] [TIFF OMITTED] TR12AP01.005

Where:

Receivedi = Gallons of extraction solvent received in 
operating month ``i'' as determined in accordance with 
Sec. 63.2853(a)(4).
Contenti = Average volume fraction of HAP in extraction 
solvent received in operating month ``i'' as determined in accordance 
with paragraph (b)(1) of this section.
Total Received = Total gallons of extraction solvent received during 
the previous 12 operating months.


Sec. 63.2855  How do I determine the quantity of oilseed processed?

    All oilseed measurements must be determined on an as received 
basis, as defined in Sec. 63.2872. The as received basis refers to the 
oilseed chemical and physical characteristics as initially received by 
the source and prior to any oilseed handling and processing. By the end 
of each calendar month following an operating month, you must determine 
the tons as received of each listed oilseed processed for the operating 
month. The total oilseed processed for an operating month includes the 
total of each oilseed processed during all normal operating periods 
that occur within the operating month. If you have determined the tons 
of oilseed processed for 12 or more operating months, then you must 
also determine the 12 operating months rolling sum of each type oilseed 
processed by summing the tons of each type of oilseed processed for the 
previous 12 operating months. The 12 operating months rolling sum of 
each type of oilseed processed is used to calculate the compliance 
ratio as described in Sec. 63.2840.
    (a) To determine the tons as received of each type of oilseed 
processed at your source, follow the procedures in your plan for 
demonstrating compliance to determine the items in paragraphs (a)(1) 
through (5) of this section:
    (1) The dates that define each operating status period. The dates 
that define each operating status period include the beginning date of 
each calendar month and the date of any change in the source operating 
status. If, prior to the effective date of this rule, your source 
determines the oilseed inventory on an accounting month rather than a 
calendar month basis, and you have 12 complete accounting months of 
approximately equal duration in a calendar year, you may substitute the 
accounting month time interval for the calendar month time interval. If 
you choose to use an accounting month rather than a calendar month, you 
must document this measurement frequency selection in your plan for 
demonstrating compliance, and you must remain on this schedule unless 
you request and receive written approval from the agency responsible 
for these NESHAP. The dates on each oilseed inventory log must be 
consistent with the dates recorded for the solvent inventory.
    (2) Source operating status. You must categorize the source 
operation for each recorded time interval. The source operating status 
for each time interval recorded on the oilseed inventory for each type 
of oilseed must be consistent with the operating status recorded on the 
solvent inventory logs as described in Sec. 63.2853(a)(2).
    (3) Measuring the beginning and ending inventory for each oilseed. 
You are required to measure and record the oilseed inventory on the 
beginning and ending dates of each normal operating period that occurs 
during an operating month. An operating month is any calendar month 
with at least one normal operating period. You must consistently follow 
the procedures described in your plan for demonstrating compliance, as 
specified in Sec. 63.2851, to determine the oilseed inventory on an as 
received basis and maintain readily available records of the oilseed 
inventory as described by Sec. 63.2862(c)(3).
    (4) Tons of each oilseed received. Record the type of oilseed and 
tons of each shipment of oilseed received and added to your on-site 
storage.
    (5) Oilseed inventory adjustments. In some situations, determining 
the quantity of oilseed processed directly from the measured oilseed 
inventory and quantity of oilseed received is not an accurate estimate 
of the tons of oilseed processed for use in determining compliance 
ratios. For example, spoiled and molded oilseed removed from storage 
but not processed by your source will result in an overestimate of the 
quantity of oilseed processed. In such cases, you must adjust the 
oilseed inventory and provide a justification for the adjustment. 
Situations that may require oilseed inventory adjustments include, but 
are not limited to, the situations listed in paragraphs (a)(5)(i) 
through (v) of this section:
    (i) Oilseed that mold or otherwise become unsuitable for 
processing.
    (ii) Oilseed you sell before it enters the processing operation.

[[Page 19020]]

    (iii) Oilseed destroyed by an event such as a process malfunction, 
fire, or natural disaster.
    (iv) Oilseed processed through operations prior to solvent 
extraction such as screening, dehulling, cracking, drying, and 
conditioning; but that are not routed to the solvent extractor for 
further processing.
    (v) Periodic physical measurements of inventory. For example, some 
sources periodically empty oilseed storage silos to physically measure 
the current oilseed inventory. This periodic measurement procedure 
typically results in a small inventory correction. The correction 
factor, usually less than 1 percent, may be used to make an adjustment 
to the source's oilseed inventory that was estimated previously with 
indirect measurement techniques. To make this adjustment, your plan for 
demonstrating compliance must provide for such an adjustment.
    (b) Use Equation 1 of this section to determine the quantity of 
each oilseed type processed at your affected source during normal 
operating periods recorded within a calendar month. Equation 1 of this 
section follows:
[GRAPHIC] [TIFF OMITTED] TR12AP01.000

Where:

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

    (c) The quantity of each oilseed processed is the total tons of 
each type of listed oilseed processed during normal operating periods 
in the previous 12 operating months. You determine the tons of each 
oilseed processed by summing the monthly quantity of each oilseed 
processed for the previous 12 operating months. You must record the 12 
operating months quantity of each type of oilseed processed by the end 
of each calendar month following an operating month. Use the 12 
operating months quantity of each type of oilseed processed to 
determine the compliance ratio as described in Sec. 63.2840. The 
quantity of oilseed processed does not include oilseed processed during 
the operating status periods in paragraphs (c)(1) through (4) of this 
section:
    (1) Nonoperating periods as described in Sec. 63.2853 (a)(2)(ii).
    (2) Initial startup periods as described in Sec. 63.2850(c)(2) or 
(d)(2).
    (3) Malfunction periods as described in Sec. 63.2850(e)(2).
    (4) Exempt operation periods as described in Sec. 63.2853 
(a)(2)(v).
    (5) If any one of these four operating status periods span an 
entire calendar month, then the calendar month is treated as a 
nonoperating month and there is no compliance ratio determination.

Notifications, Reports, and Records


Sec. 63.2860  What notifications must I submit and when?

    You must submit the one-time notifications listed in paragraphs (a) 
through (d) of this section to the responsible agency:
    (a) Initial notification for existing sources. For an existing 
source, submit an initial notification to the agency responsible for 
these NESHAP no later than 120 days after the effective date of this 
subpart. In the notification, include the items in paragraphs (a)(1) 
through (5) of this section:
    (1) The name and address of the owner or operator.
    (2) The physical address of the vegetable oil production process.
    (3) Identification of the relevant standard, such as the vegetable 
oil production NESHAP, and compliance date.
    (4) A brief description of the source including the types of listed 
oilseeds processed, nominal operating capacity, and type of 
desolventizer(s) used.
    (5) A statement designating the source as a major source of HAP or 
a demonstration that the source meets the definition of an area source. 
An area source is a source that is not a major source and is not 
collocated within a plant site with other sources that are individually 
or collectively a major source.
    (b) Initial notifications for new and reconstructed sources. New or 
reconstructed sources must submit a series of notifications before, 
during, and after source construction per the schedule listed in 
Sec. 63.9. The information requirements for the notifications are the 
same as those listed in the General Provisions with the exceptions 
listed in paragraphs (b)(1) and (2) of this section:
    (1) The application for approval of construction does not require 
the specific HAP emission data required in Sec. 63.5(d)(1)(ii)(H) and 
(iii), (d)(2) and (d)(3)(ii). The application for approval of 
construction would include, instead, a brief description of the source 
including the types of listed oilseeds processed, nominal operating 
capacity, and type of desolventizer(s) used.
    (2) The notification of actual startup date must also include 
whether you have elected to operate under an initial startup period 
subject to Sec. 63.2850(c)(2) and provide an estimate and justification 
for the anticipated duration of the initial startup period.
    (c) Significant modification notifications. Any existing or new 
source that plans to undergo a significant modification as defined in 
Sec. 63.2872 must submit two reports as described in paragraphs (c)(1) 
and (2) of this section:
    (1) Initial notification. You must submit an initial notification 
to the agency responsible for these NESHAP 30 days prior to initial 
startup of the significantly modified source. The initial notification 
must demonstrate that the proposed changes qualify as a significant 
modification. The initial notification must include the items in 
paragraphs (c)(1)(i) and (ii) of this section:
    (i) The expected startup date of the modified source.
    (ii) A description of the significant modification including a list 
of the equipment that will be replaced or modified. If the significant 
modification involves changes other than adding or replacing 
extractors, desolventizer-toasters (conventional and specialty), and 
meal dryer-coolers, then you must also include the fixed capital cost 
of the

[[Page 19021]]

new components, expressed as a percentage of the fixed capital cost to 
build a comparable new vegetable oil production process; supporting 
documentation for the cost estimate; and documentation that the 
proposed changes will significantly affect solvent losses.
    (2) Notification of actual startup. You must submit a notification 
of actual startup date within 15 days after initial startup of the 
modified source. The notification must include the items in paragraphs 
(c)(2)(i) through (iv) of this section:
    (i) The initial startup date of the modified source.
    (ii) An indication whether you have elected to operate under an 
initial startup period subject to Sec. 63.2850(d)(2).
    (iii) The anticipated duration of any initial startup period.
    (iv) A justification for the anticipated duration of any initial 
startup period.
    (d) Notification of compliance status. As an existing, new, or 
reconstructed source, you must submit a notification of compliance 
status report to the responsible agency no later than 60 days after 
determining your initial 12 operating months compliance ratio. If you 
are an existing source, you generally must submit this notification no 
later than 50 calendar months after the effective date of these NESHAP 
(36 calendar months for compliance, 12 operating months to record data, 
and 2 calendar months to complete the report). If you are a new or 
reconstructed source, the notification of compliance status is 
generally due no later than 20 calendar months after initial startup (6 
calendar months for the initial startup period, 12 operating months to 
record data, and 2 calendar months to complete the report). The 
notification of compliance status must contain the items in paragraphs 
(d)(1) through (6) of this section:
    (1) The name and address of the owner or operator.
    (2) The physical address of the vegetable oil production process.
    (3) Each listed oilseed type processed during the previous 12 
operating months.
    (4) Each HAP identified under Sec. 63.2854(a) as being present in 
concentrations greater than 1 percent by volume in each delivery of 
solvent received during the 12 operating months period used for the 
initial compliance determination.
    (5) A statement designating the source as a major source of HAP or 
a demonstration that the source qualifies as an area source. An area 
source is a source that is not a major source and is not collocated 
within a plant site with other sources that are individually or 
collectively a major source.
    (6) A compliance certification indicating whether the source 
complied with all of the requirements of this subpart throughout the 12 
operating months used for the initial source compliance determination. 
This certification must include a certification of the items in 
paragraphs (d)(6)(i) through (iii) of this section:
    (i) The plan for demonstrating compliance (as described in 
Sec. 63.2851) and SSM plan (as described in Sec. 63.2852) are complete 
and available on-site for inspection.
    (ii) You are following the procedures described in the plan for 
demonstrating compliance.
    (iii) The compliance ratio is less than or equal to 1.00.


Sec. 63.2861  What reports must I submit and when?

    After the initial notifications, you must submit the reports in 
paragraphs (a) through (d) of this section to the agency responsible 
for these NESHAP at the appropriate time intervals:
    (a) Annual compliance certifications. The first annual compliance 
certification is due 12 calendar months after you submit the 
notification of compliance status. Each subsequent annual compliance 
certification is due 12 calendar months after the previous annual 
compliance certification. The annual compliance certification provides 
the compliance status for each operating month during the 12 calendar 
months period ending 60 days prior to the date on which the report is 
due. Include the information in paragraphs (a)(1) through (6) of this 
section in the annual certification:
    (1) The name and address of the owner or operator.
    (2) The physical address of the vegetable oil production process.
    (3) Each listed oilseed type processed during the 12 calendar 
months period covered by the report.
    (4) Each HAP identified under Sec. 63.2854(a) as being present in 
concentrations greater than 1 percent by volume in each delivery of 
solvent received during the 12 calendar months period covered by the 
report.
    (5) A statement designating the source as a major source of HAP or 
a demonstration that the source qualifies as an area source. An area 
source is a source that is not a major source and is not collocated 
within a plant site with other sources that are individually or 
collectively a major source.
    (6) A compliance certification to indicate whether the source was 
in compliance for each compliance determination made during the 12 
calendar months period covered by the report. For each such compliance 
determination, you must include a certification of the items in 
paragraphs (a)(6)(i) through (ii) of this section:
    (i) You are following the procedures described in the plan for 
demonstrating compliance.
    (ii) The compliance ratio is less than or equal to 1.00.
    (b) Deviation notification report. Submit a deviation report for 
each compliance determination you make in which the compliance ratio 
exceeds 1.00 as determined under Sec. 63.2840(c). Submit the deviation 
report by the end of the month following the calendar month in which 
you determined the deviation. The deviation notification report must 
include the items in paragraphs (b)(1) through (4) of this section:
    (1) The name and address of the owner or operator.
    (2) The physical address of the vegetable oil production process.
    (3) Each listed oilseed type processed during the 12 operating 
months period for which you determined the deviation.
    (4) The compliance ratio comprising the deviation. You may reduce 
the frequency of submittal of the deviation notification report if the 
agency responsible for these NESHAP does not object as provided in 
Sec. 63.10(e)(3)(iii).
    (c) Periodic startup, shutdown, and malfunction report. If you 
choose to operate your source under an initial startup period subject 
to Sec. 63.2850(c)(2) or (d)(2) or a malfunction period subject to 
Sec. 63.2850(e)(2), you must submit a periodic SSM report by the end of 
the calendar month following each month in which the initial startup 
period or malfunction period occurred. The periodic SSM report must 
include the items in paragraphs (c)(1) through (3) of this section:
    (1) The name, title, and signature of a source's responsible 
official who is certifying that the report accurately states that all 
actions taken during the initial startup or malfunction period were 
consistent with the SSM plan.
    (2) A description of events occurring during the time period, the 
date and duration of the events, and reason the time interval qualifies 
as an initial startup period or malfunction period.
    (3) An estimate of the solvent loss during the initial startup or 
malfunction period with supporting documentation.
    (d) Immediate SSM reports. If you handle a SSM during an initial 
startup period subject to Sec. 63.2850(c)(2) or (d)(2) or a malfunction 
period subject to Sec. 63.2850(e)(2) differently from procedures in the 
SSM plan, then you

[[Page 19022]]

must submit an immediate SSM report. Immediate SSM reports consist of a 
telephone call or facsimile transmission to the responsible agency 
within 2 working days after starting actions inconsistent with the SSM 
plan, followed by a letter within 7 working days after the end of the 
event. The letter must include the items in paragraphs (d)(1) through 
(3) of this section:
    (1) The name, title, and signature of a source's responsible 
official who is certifying the accuracy of the report, an explanation 
of the event, and the reasons for not following the SSM plan.
    (2) A description and date of the SSM event, its duration, and 
reason it qualifies as a SSM.
    (3) An estimate of the solvent loss for the duration of the SSM 
event with supporting documentation.


Sec. 63.2862  What records must I keep?

    (a) You must satisfy the recordkeeping requirements of this section 
by the compliance date for your source specified in Table 1 of 
Sec. 63.2834.
    (b) Prepare a plan for demonstrating compliance (as described in 
Sec. 63.2851) and a SSM plan (as described in Sec. 63.2852). In these 
two plans, describe the procedures you will follow in obtaining and 
recording data, and determining compliance under normal operations or a 
SSM subject to the Sec. 63.2850(c)(2) or (d)(2) initial startup period 
or the Sec. 63.2850(e)(2) malfunction period. Complete both plans 
before the compliance date for your source and keep them on-site and 
readily available as long as the source is operational.
    (c) If your source processes any listed oilseed, record the items 
in paragraphs (c)(1) through (5) of this section:
    (1) For the solvent inventory, record the information in paragraphs 
(c)(1)(i) through (vii) of this section in accordance with your plan 
for demonstrating compliance:
    (i) Dates that define each operating status period during a 
calendar month.
    (ii) The operating status of your source such as normal operation, 
nonoperating, initial startup period, malfunction period, or exempt 
operation for each recorded time interval.
    (iii) Record the gallons of extraction solvent in the inventory on 
the beginning and ending dates of each normal operating period.
    (iv) The gallons of all extraction solvent received, purchased, and 
recovered during each calendar month.
    (v) All extraction solvent inventory adjustments, additions or 
subtractions. You must document the reason for the adjustment and 
justify the quantity of the adjustment.
    (vi) The total solvent loss for each calendar month, regardless of 
the source operating status.
    (vii) The actual solvent loss in gallons for each operating month.
    (2) For the weighted average volume fraction of HAP in the 
extraction solvent, you must record the items in paragraphs (c)(2)(i) 
through (iii) of this section:
    (i) The gallons of extraction solvent received in each delivery.
    (ii) The volume fraction of each HAP exceeding 1 percent by volume 
in each delivery of extraction solvent.
    (iii) The weighted average volume fraction of HAP in extraction 
solvent received since the end of the last operating month as 
determined in accordance with Sec. 63.2854(b)(2).
    (3) For each type of listed oilseed processed, record the items in 
paragraphs (c)(3)(i) through (vi) of this section, in accordance with 
your plan for demonstrating compliance:
    (i) The dates that define each operating status period. These dates 
must be the same as the dates entered for the extraction solvent 
inventory.
    (ii) The operating status of your source such as normal operation, 
nonoperating, initial startup period, malfunction period, or exempt 
operation for each recorded time interval. On the log for each type of 
listed oilseed that is not being processed during a normal operating 
period, you must record which type of listed oilseed is being processed 
in addition to the source operating status.
    (iii) The oilseed inventory for the type of listed oilseed being 
processed on the beginning and ending dates of each normal operating 
period.
    (iv) The tons of each type of listed oilseed received at the 
affected source each normal operating period.
    (v) All listed oilseed inventory adjustments, additions or 
subtractions for normal operating periods. You must document the reason 
for the adjustment and justify the quantity of the adjustment.
    (vi) The tons of each type of listed oilseed processed during each 
operating month.
    (d) After your source has processed listed oilseed for 12 operating 
months, and you are not operating during an initial startup period as 
described in Sec. 63.2850(c)(2) or (d)(2), or a malfunction period as 
described in Sec. 63.2850(e)(2), record the items in paragraphs (d)(1) 
through (5) of this section by the end of the calendar month following 
each operating month:
    (1) The 12 operating months rolling sum of the actual solvent loss 
in gallons as described in Sec. 63.2853(c).
    (2) The weighted average volume fraction of HAP in extraction 
solvent received for the previous 12 operating months as described in 
Sec. 63.2854(b)(3).
    (3) The 12 operating months rolling sum of each type of listed 
oilseed processed at the affected source in tons as described in 
Sec. 63.2855(c).
    (4) A determination of the compliance ratio. Using the values from 
Secs. 63.2853, 63.2854, 63.2855, and Table 1 of Sec. 63.2840, calculate 
the compliance ratio using Equation 2 of Sec. 63.2840.
    (5) A statement of whether the source is in compliance with all of 
the requirements of this subpart. This includes a determination of 
whether you have met all of the applicable requirements in 
Sec. 63.2850.
    (e) For each SSM event subject to an initial startup period as 
described in Sec. 63.2850(c)(2) or (d)(2), or a malfunction period as 
described in Sec. 63.2850(e)(2), record the items in paragraphs (e)(1) 
through (3) of this section by the end of the calendar month following 
each month in which the initial startup period or malfunction period 
occurred:
    (1) A description and date of the SSM event, its duration, and 
reason it qualifies as an initial startup or malfunction.
    (2) An estimate of the solvent loss in gallons for the duration of 
the initial startup or malfunction period with supporting 
documentation.
    (3) A checklist or other mechanism to indicate whether the SSM plan 
was followed during the initial startup or malfunction period.


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

    (a) Your records must be in a form suitable and readily available 
for review in accordance with Sec. 63.10(b)(1).
    (b) As specified in Sec. 63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, 
maintenance, corrective action, report, or record.
    (c) You must keep each record on-site for at least 2 years after 
the date of each occurrence, measurement, maintenance, corrective 
action, report, or record, in accordance with Sec. 3.10(b)(1). You can 
keep the records off-site for the remaining 3 years.

Other Requirements and Information


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

    Table 1 of this section shows which parts of the General Provisions 
in

[[Page 19023]]

Sec. Sec. 63.1 through 63.15 apply to you. Table 1 of Sec. 63.2870 
follows:

     Table 1 of Sec.  63.2870.--Applicability of 40 CFR Part 63, Subpart A, to 40 CFR, Part 63, Subpart GGGG
----------------------------------------------------------------------------------------------------------------
                                     Subject of     Brief description      Applies to
  General provisions citation         citation        of requirement        subpart             Explanation
----------------------------------------------------------------------------------------------------------------
Sec.  63.1.....................  Applicability....  Initial            Yes..............  ......................
                                                     applicability
                                                     determination;
                                                     applicability
                                                     after standard
                                                     established;
                                                     permit
                                                     requirements;
                                                     extensions;
                                                     notifications.
Sec.  63.2.....................  Definitions......  Definitions for    Yes..............  Except as specifically
                                                     part 63                               provided in this
                                                     standards.                            subpart.
Sec.  63.3.....................  Units and          Units and          Yes..............
                                  abbreviations.     abbreviations
                                                     for part 63
                                                     standards.
Sec.  63.4.....................  Prohibited         Prohibited         Yes..............  ......................
                                  activities and     activities;
                                  circumvention.     compliance date;
                                                     circumvention;
                                                     severability.
Sec.  63.5.....................  Construction/      Applicability;     Yes..............  Except for subsections
                                  reconstruction.    applications;                         of Sec.  63.5 as
                                                     approvals.                            listed below.
Sec.  63.5(c)..................  [Reserved].......  .................  .................  ......................
Sec.  63.5(d)(1)(ii)(H)........  Application for    Type and quantity  No...............  All sources emit HAP.
                                  approval.          of HAP,                               Subpart GGGG does not
                                                     operating                             require control from
                                                     parameters.                           specific emission
                                                                                           points.
Sec.  63.5(d)(1)(ii)(I)........  [Reserved].......  .................  .................  ......................
Sec.  63.5(d)(1)(iii), (d)(2),   .................  Application for    No...............  The requirements of
 (d)(3)(ii).                                         approval.                             the application for
                                                                                           approval for new,
                                                                                           reconstructed and
                                                                                           significantly
                                                                                           modified sources are
                                                                                           described in Sec.
                                                                                           63.2860(b) and (c) of
                                                                                           subpart GGGG. General
                                                                                           provision
                                                                                           requirements for
                                                                                           identification of HAP
                                                                                           emission points or
                                                                                           estimates of actual
                                                                                           emissions are not
                                                                                           required.
                                                                                           Descriptions of
                                                                                           control and methods,
                                                                                           and the estimated and
                                                                                           actual control
                                                                                           efficiency of such do
                                                                                           not apply.
                                                                                           Requirements for
                                                                                           describing control
                                                                                           equipment and the
                                                                                           estimated and actual
                                                                                           control efficiency of
                                                                                           such equipment apply
                                                                                           only to control
                                                                                           equipment to which
                                                                                           the subpart GGGG
                                                                                           requirements for
                                                                                           quantifying.
Sec.  63.6.....................  Applicability of   Applicability....  Yes..............  Except for subsections
                                  General                                                  of Sec.  63.6 as
                                  Provisions.                                              listed below.
Sec.  63.6(b)(1)-(3)...........  Compliance dates,  .................  No...............  Section 63.2834 of
                                  new and                                                  subpart GGGG
                                  reconstructed                                            specifies the
                                  sources.                                                 compliance dates for
                                                                                           new and reconstructed
                                                                                           sources.
Sec.  63.6(b)(6)...............  [Reserved].......  .................  .................  ......................
Sec.  63.6(c)(3)-(4)...........  [Reserved].......  .................  .................  ......................
Sec.  63.6(d)..................  [Reserved].......  .................  .................  ......................
Sec.  63.6(e)..................  Operation and      .................  Yes..............  Implement your SSM
                                  maintenance                                              plan, as specified in
                                  requirements.                                            Sec.  63.2851.
Sec.  63.6(f)-(g)..............  Compliance with    Comply with        No...............  Subpart GGGG does not
                                  nonopacity         emission                              have nonopacity
                                  emission           standards at all                      requirements.
                                  standards except   times except
                                  during SSM.        during SSM.
Sec.  63.6(h)..................  Opacity/Visible    .................  No...............  Subpart GGGG has no
                                  emission (VE)                                            opacity or VE
                                  standards.                                               standards.
Sec.  63.6(i)..................  Compliance         Procedures and     Yes..............  ......................
                                  extension.         criteria for
                                                     responsible
                                                     agency to grant
                                                     compliance
                                                     extension.
Sec.  63.6(j)..................  Presidential       President may      Yes..............  ......................
                                  compliance         exempt source
                                  exemption.         category from
                                                     requirement to
                                                     comply with
                                                     subpart.
Sec.  63.7.....................  Performance        Schedule,          Yes..............  Subpart GGGG requires
                                  testing            conditions,                           performance testing
                                  requirements.      notifications                         only if the source
                                                     and procedures.                       applies additional
                                                                                           control that destroys
                                                                                           solvent. Section
                                                                                           63.2850(a)(6)
                                                                                           requires sources to
                                                                                           follow the
                                                                                           performance testing
                                                                                           guidelines of the
                                                                                           General Provisions if
                                                                                           a control is added.

[[Page 19024]]

 
Sec.  63.8.....................  Monitoring         .................  No...............  Subpart GGGG does not
                                  requirements.                                            require monitoring
                                                                                           other than as
                                                                                           specified therein.
Sec.  63.9.....................  Notification       Applicability and  Yes..............  Except for subsections
                                  requirements.      state delegation.                     of Sec.  63.9 as
                                                                                           listed below.
Sec.  63.9(b)(2)...............  Notification       Initial            No...............  Section 63.2860(a) of
                                  requirements.      notification                          subpart GGGG
                                                     requirements for                      specifies the
                                                     existing sources.                     requirements of the
                                                                                           initial notification
                                                                                           for existing sources.
Sec.  63.9(b)(3)-(5)...........  Notification       Notification       Yes..............  Except the information
                                  requirements.      requirement for                       requirements differ
                                                     certain new/                          as described in Sec.
                                                     reconstructed                         63.2860(b) of subpart
                                                     sources.                              GGGG.
Sec.  63.9(e)..................  Notification of    Notify             Yes..............  Applies only if
                                  performance test.  responsible                           performance testing
                                                     agency 60 days                        is performed.
                                                     ahead.
Sec.  63.9(f)..................  Notification of    Notify             No...............  Subpart GGGG has no
                                  VE/opacity         responsible                           opacity or VE
                                  observations.      agency 30 days                        standards.
                                                     ahead.
Sec.  63.9(g)..................  Additional         Notification of    No...............  Subpart GGGG has no
                                  notifications      performance                           CMS requirements.
                                  when using a       evaluation;
                                  continuous         Notification
                                  monitoring         using COMS data;
                                  system (CMS).      notification
                                                     that exceeded
                                                     criterion for
                                                     relative
                                                     accuracy.
Sec.  63.9(h)..................  Notification of    Contents.........  No...............  Section 63.2860(d) of
                                  compliance                                               subpart GGGG
                                  status.                                                  specifies
                                                                                           requirements for the
                                                                                           notification of
                                                                                           compliance status.
Sec.  63.10....................  Recordkeeping/     Schedule for       Yes..............  Except for subsections
                                  reporting.         reporting,                            of Sec.  63.10 as
                                                     record storage.                       listed below.
Sec.  63.10(b)(2)(i)...........  Recordkeeping....  Record SSM event.  Yes..............  Applicable to periods
                                                                                           when sources must
                                                                                           implement their SSM
                                                                                           plan as specified in
                                                                                           subpart GGGG.
Sec.  63.10(b)(2)(ii)-(iii)....  Recordkeeping....  Malfunction of     No...............  Applies only if air
                                                     air pollution                         pollution control
                                                     equipment.                            equipment has been
                                                                                           added to the process
                                                                                           and is necessary for
                                                                                           the source to meet
                                                                                           the emission limit.
Sec.  63.10(b)(2)(vi)..........  Recordkeeping....  CMS recordkeeping  No...............  Subpart GGGG has no
                                                                                           CMS requirements.
Sec.  63.10(b)(2)(viii)-(ix)...  Recordkeeping....  Conditions of      Yes..............  Applies only if
                                                     performance test.                     performance tests are
                                                                                           performed. Subpart
                                                                                           GGGG does not have
                                                                                           any CMS opacity or VE
                                                                                           observation
                                                                                           requirements.
Sec.  63.10(b)(2)(x)-(xii).....  Recordkeeping....  CMS, performance   No...............  Subpart GGGG does not
                                                     testing, and                          require CMS.
                                                     opacity and VE
                                                     observations
                                                     recordkeeping.
Sec.  63.10(c).................  Recordkeeping....  Additional CMS     No...............  Subpart GGGG does not
                                                     recordkeeping.                        require CMS.
Sec.  63.10(d)(2)..............  Reporting........  Reporting          Yes..............  Applies only if
                                                     performance test                      performance testing
                                                     results.                              is performed.
Sec.  63.10(d)(3)..............  Reporting........  Reporting opacity  No...............  Subpart GGGG has no
                                                     or VE                                 opacity or VE
                                                     observations.                         standards.
Sec.  63.10(d)(4)..............  Reporting........  Progress reports.  Yes..............  Applies only if a
                                                                                           condition of
                                                                                           compliance extension
                                                                                           exists.
Sec.  63.10(d)(5)..............  Reporting........  SSM reporting....  No...............  Section 63.2861(c) and
                                                                                           (d) specify SSM
                                                                                           reporting
                                                                                           requirements.
Sec.  63.10(e).................  Reporting........  Additional CMS     No...............  Subpart GGGG does not
                                                     reports.                              require CMS.
Sec.  63.11....................  Control device     Requirements for   Yes..............  Applies only if your
                                  requirements.      flares.                               source uses a flare
                                                                                           to control solvent
                                                                                           emissions. Subpart
                                                                                           GGGG does not require
                                                                                           flares.
Sec.  63.12....................  State authority    State authority    Yes..............  ......................
                                  and delegations.   to enforce
                                                     standards.
Sec.  63.13....................  State/regional     Addresses where    Yes..............  ......................
                                  addresses.         reports,
                                                     notifications,
                                                     and requests are
                                                     sent.
Sec.  63.14....................  Incorporation by   Test methods       Yes..............  ......................
                                  reference.         incorporated by
                                                     reference.
Sec.  63.15....................  Availability of    Public and         Yes..............  ......................
                                  information and    confidential
                                  confidentiality.   information.
----------------------------------------------------------------------------------------------------------------


[[Page 19025]]

Sec. 63.2871  Who implements and enforces this subpart?

    (a) This subpart can be implemented by us, the U.S. EPA, or a 
delegated authority such as your State, local, or tribal agency. If the 
U.S. EPA Administrator has delegated authority to your State, local, or 
tribal agency, then that agency, as well as the U.S. EPA, has the 
authority to implement and enforce this subpart. You should contact 
your U.S. EPA Regional Office to find out if this subpart is delegated 
to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under section 40 CFR part 
63, subpart E, the authorities contained in paragraph (c) of this 
section are retained by the Administrator of the U.S. EPA and are not 
transferred to the State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are as follows:
    (1) Approval of alternative nonopacity emissions standards under 
Sec. 63.6(g).
    (2) Approval of alternative opacity standards under 
Sec. 63.6(h)(9).
    (3) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (4) Approval of major alternatives to monitoring under Sec. 63.8(f) 
and as defined in Sec. 63.90.
    (5) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f) and as defined in Sec. 63.90.


Sec. 63.2872  What definitions apply to this subpart?

    Terms used in this subpart are defined in the sources listed:
    (a) The Clean Air Act, section 112(a).
    (b) In 40 CFR 63.2, the NESHAP General Provisions.
    (c) In this section as follows:
    Accounting month means a time interval defined by a business firm 
during which corporate economic and financial factors are determined on 
a consistent and regular basis. An accounting month will consist of 
approximately 4 to 5 calendar weeks and each accounting month will be 
of approximate equal duration. An accounting month may not correspond 
exactly to a calendar month, but 12 accounting months will correspond 
exactly to a calendar year.
    Actual solvent loss means the gallons of solvent lost from a source 
during 12 operating months as determined in accordance with 
Sec. 63.2853.
    Agricultural product means any commercially grown plant or plant 
product.
    Allowable HAP loss means the gallons of HAP that would have been 
lost from a source if the source was operating at the solvent loss 
factor for each listed oilseed type. The allowable HAP loss in gallons 
is determined by multiplying the tons of each oilseed type processed 
during the previous 12 operating months, as determined in accordance 
with Sec. 63.2855, by the corresponding oilseed solvent loss factor 
(gal/ton) listed in Table 1 of Sec. 63.2840, and by the dimensionless 
constant 0.64, and summing the result for all oilseed types processed.
    Area source means any source that does not meet the major source 
definition.
    As received is the basis upon which all oilseed measurements must 
be determined and refers to the oilseed chemical and physical 
characteristics as initially received by the source and prior to any 
oilseed handling and processing.
    Batch operation means any process that operates in a manner where 
the addition of raw material and withdrawal of product do not occur 
simultaneously. Typically, raw material is added to a process, 
operational steps occur, and a product is removed from the process. 
More raw material is then added to the process and the cycle repeats.
    Calendar month means 1 month as specified in a calendar.
    Compliance date means the date on which monthly compliance 
recordkeeping begins. For existing sources, recordkeeping typically 
begins 3 years after the effective date of the subpart. For new and 
reconstructed sources, recordkeeping typically begins upon initial 
startup, except as noted in Sec. 63.2834.
    Compliance ratio means a ratio of the actual HAP loss in gallons 
from the previous 12 operating months to an allowable HAP loss in 
gallons, which is determined by using oilseed solvent loss factors in 
Table 1 of Sec. 63.2840, the weighted average volume fraction of HAP in 
solvent received for the previous 12 operating months, and the tons of 
each type of listed oilseed processed in the previous 12 operating 
months. Months during which no listed oilseed is processed, or months 
during which the Sec. 63.2850(c)(2) or (d)(2) initial startup period or 
the Sec. 63.2850(e)(2) malfunction period applies, are excluded from 
this calculation. Equation 2 of Sec. 63.2840 is used to calculate this 
value. If the value is less than or equal to 1.00, the source is in 
compliance. If the value is greater than 1.00, the source is deviating 
from compliance.
    Continuous operation means any process that adds raw material and 
withdraws product simultaneously. Mass, temperature, concentration and 
other properties typically approach steady-state conditions.
    Conventional desolventizer means a desolventizer toaster that 
operates with indirect and direct-contact steam to remove solvent from 
the extracted meal. Oilseeds processed in a conventional desolventizer 
produce crude vegetable oil and crude meal products, such as animal 
feed.
    Corn germ dry milling means a source that processes corn germ that 
has been separated from the other corn components using a ``dry'' 
process of mechanical chafing and air sifting.
    Corn germ wet milling means a source that processes corn germ that 
has been separated from other corn components using a ``wet'' process 
of centrifuging a slurry steeped in a dilute sulfurous acid solution.
    Exempt period means a period of time during which a source 
processes agricultural products not defined as listed oilseed.
    Extraction solvent means an organic chemical medium used to remove 
oil from an oilseed. Typically, the extraction solvent is a commercial 
grade of hexane isomers which have an approximate HAP content of 64 
percent by volume.
    Hazardous air pollutant (HAP) means any substance or mixture of 
substances listed as a hazardous air pollutant under section 112(b) of 
the Clean Air Act, as of April 12, 2001.
    Initial startup date means the first calendar day that a new, 
reconstructed or significantly modified source processes any listed 
oilseed.
    Initial startup period means a period of time from the initial 
startup date of a new, reconstructed or significantly modified source, 
for which you choose to operate the source under an initial startup 
period subject to Sec. 63.2850(c)(2) or (d)(2). During an initial 
startup period, a source is in compliance with the standards by 
following the operating and maintenance procedures listed for 
minimizing HAP emissions in the source's SSM plan rather than being 
subject to a HAP emission limit. The initial startup period following 
initial startup of a new or reconstructed source may not exceed 6 
calendar months. The initial startup period following a significant 
modification may not exceed 3 calendar months. Solvent and oilseed 
inventory information recorded during the initial startup period is 
excluded from use in any compliance ratio determinations.
    Large cottonseed plant means a vegetable oil production process 
that processes 120,000 tons or more of cottonseed and other listed 
oilseed

[[Page 19026]]

during all normal operating periods in a 12 operating months period 
used to determine compliance.
    Malfunction period means a period of time between the beginning and 
end of a process malfunction and the time reasonably necessary for a 
source to correct the malfunction for which you choose to operate the 
source under a malfunction period subject to Sec. 63.2850(e)(2). This 
period may include the duration of an unscheduled process shutdown, 
continued operation during a malfunction, or the subsequent process 
startup after a shutdown resulting from a malfunction. During a 
malfunction period, a source complies with the standards by following 
the operating and maintenance procedures described for minimizing HAP 
emissions in the source's SSM plan rather than being subject to a HAP 
emission limit. Therefore, solvent and oilseed inventory information 
recorded during a malfunction period is excluded from use in any 
compliance ratio determinations.
    Mechanical extraction means removing vegetable oil from oilseeds 
using only mechanical devices such as presses or screws that physically 
force the oil from the oilseed. Mechanical extraction techniques use no 
organic solvents to remove oil from an oilseed.
    Nonoperating period means any period of time in which a source 
processes no agricultural product. This operating status does not apply 
during any period in which the source operates under an initial startup 
period as described in Sec. 63.2850(c)(2) or (d)(2), or a malfunction 
period, as described in Sec. 63.2850(e)(2).
    Normal operating period means any period of time in which a source 
processes a listed oilseed that is not categorized as an initial 
startup period as described in Sec. 63.2850(c)(2) or (d)(2), or a 
malfunction period, as described in Sec. 63.2850(e)(2). At the 
beginning and ending dates of a normal operating period, solvent and 
oilseed inventory information is recorded and included in the 
compliance ratio determination.
    Oilseed or listed oilseed means the following agricultural 
products: corn germ, cottonseed, flax, peanut, rapeseed (for example, 
canola), safflower, soybean, and sunflower.
    Oilseed solvent loss factor means a ratio expressed as gallons of 
solvent loss per ton of oilseed processed. The solvent loss factors are 
presented in Table 1 of Sec. 63.2840 and are used to determine the 
allowable HAP loss.
    Operating month means any calendar or accounting month in which a 
source processes any quantity of listed oilseed, excluding any entire 
calendar or accounting month in which the source operated under an 
initial startup period as described in Sec. 63.2850(c)(2) or (d)(2), or 
a malfunction period as described in Sec. 63.2850(e)(2). An operating 
month may include time intervals characterized by several types of 
operating status. However, an operating month must have at least one 
normal operating period.
    Significant modification means the addition of new equipment or the 
modification of existing equipment that:
    (1) Significantly affects solvent losses from your vegetable oil 
production process;
    (2) The fixed capital cost of the new components represents a 
significant percentage of the fixed capital cost of building a 
comparable new vegetable oil production process;
    (3) The fixed capital cost of the new equipment does not constitute 
reconstruction as defined in Sec. 63.2; and
    (4) Examples of significant modifications include replacement of or 
major changes to solvent recovery equipment such as extractors, 
desolventizer-toasters/dryer-coolers, flash desolventizers, and 
distillation equipment associated with the mineral oil system, and 
equipment affecting desolventizing efficiency and steady-state 
operation of your vegetable oil production process such as flaking 
mills, oilseed heating and conditioning equipment, and cracking mills.
    Small cottonseed plant means a vegetable oil production process 
that processes less than 120,000 tons of cottonseed and other listed 
oilseed during all normal operating periods in a 12 operating months 
period used to determine compliance.
    Solvent extraction means removing vegetable oil from listed oilseed 
using an organic solvent in a direct-contact system.
    Solvent working capacity means the volume of extraction solvent 
normally retained in solvent recovery equipment. Examples include 
components such as the solvent extractor, desolventizer-toaster, 
solvent storage and working tanks, mineral oil absorption system, 
condensers, and oil/solvent distillation system.
    Specialty desolventizer means a desolventizer that removes excess 
solvent from soybean meal using vacuum conditions, energy from 
superheated solvent vapors, or reduced operating conditions (e.g., 
temperature) as compared to the typical operation of a conventional 
desolventizer. Soybeans processed in a specialty desolventizer result 
in high-protein vegetable meal products for human and animal 
consumption, such as calf milk replacement products and meat extender 
products.
    Vegetable oil production process means the equipment comprising a 
continuous process for producing crude vegetable oil and meal products, 
including specialty soybean products, in which oil is removed from 
listed oilseeds through direct contact with an organic solvent. Process 
equipment typically includes the following components: oilseed 
preparation operations (including conditioning, drying, dehulling, and 
cracking), solvent extractors, desolventizer-toasters, meal dryers, 
meal coolers, meal conveyor systems, oil distillation units, solvent 
evaporators and condensers, solvent recovery system (also referred to 
as a mineral oil absorption system), vessels storing solvent-laden 
materials, and crude meal packaging and storage vessels. A vegetable 
oil production process does not include vegetable oil refining 
operations (including operations such as bleaching, hydrogenation, and 
deodorizing) and operations that engage in additional chemical 
treatment of crude soybean meals produced in specialty desolventizer 
units (including operations such as soybean isolate production).

[FR Doc. 01-8801 Filed 4-11-01; 8:45 am]
BILLING CODE 6560-50-P