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Electronic Code of Federal Regulations

e-CFR Data is current as of April 23, 2014

Title 40: Protection of Environment
PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES (CONTINUED)


Subpart CCCC—National Emission Standards for Hazardous Air Pollutants: Manufacturing of Nutritional Yeast


Contents

What This Subpart Covers

§63.2130   What is the purpose of this subpart?
§63.2131   Am I subject to this subpart?
§63.2132   What parts of my plant does this subpart cover?
§63.2133   When do I have to comply with this subpart?

Emission Limitations

§63.2140   What emission limitations must I meet?

General Compliance Requirements

§63.2150   What are my general requirements for complying with this subpart?

Testing and Initial Compliance Requirements

§63.2160   By what date must I conduct an initial compliance demonstration?
§63.2161   What performance tests and other procedures must I use if I monitor brew ethanol?
§63.2162   When must I conduct subsequent performance tests?
§63.2163   If I monitor fermenter exhaust, what are my monitoring installation, operation, and maintenance requirements?
§63.2164   If I monitor brew ethanol, what are my monitoring installation, operation, and maintenance requirements?
§63.2165   How do I demonstrate initial compliance with the emission limitations if I monitor fermenter exhaust?
§63.2166   How do I demonstrate initial compliance with the emission limitations if I monitor brew ethanol?

Continuous Compliance Requirements

§63.2170   How do I monitor and collect data to demonstrate continuous compliance?
§63.2171   How do I demonstrate continuous compliance with the emission limitations?

Notification, Reports, and Records

§63.2180   What notifications must I submit and when?
§63.2181   What reports must I submit and when?
§63.2182   What records must I keep?
§63.2183   In what form and how long must I keep my records?

Other Requirements and Information

§63.2190   What parts of the General Provisions apply to me?
§63.2191   Who implements and enforces this subpart?
§63.2192   What definitions apply to this subpart?
Table 1 to Subpart CCCC of Part 63—Emission Limitations
Table 2 to Subpart CCCC of Part 63—Requirements for Performance Tests
Table 3 to Subpart CCCC of Part 63—Initial Compliance With Emission Limitations
Table 4 to Subpart CCCC of Part 63—Continuous Compliance With Emission Limitations
Table 5 to Subpart CCCC of Part 63—Requirements for Reports
Table 6 to Subpart CCCC of Part 63—Applicability of General Provisions to Subpart CCCC

Source: 66 FR 27884, May 21, 2001, unless otherwise noted.

What This Subpart Covers

§63.2130   What is the purpose of this subpart?

This subpart establishes national emission limitations for hazardous air pollutants emitted from manufacturers of nutritional yeast. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission limitations.

§63.2131   Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a nutritional yeast manufacturing facility that is, is located at, or is part of a major source of hazardous air pollutants (HAP) emissions.

(1) A manufacturer of nutritional yeast is a facility that makes yeast for the purpose of becoming an ingredient in dough for bread or any other yeast-raised baked product, or for becoming a nutritional food additive intended for consumption by humans. A manufacturer of nutritional yeast does not include production of yeast intended for consumption by animals, such as an additive for livestock feed.

(2) A major source of HAP emissions is any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, considering controls, any single HAP at a rate of 9.07 megagrams (10 tons) or more per year or any combination of HAP at a rate of 22.68 megagrams (25 tons) or more per year.

(b) [Reserved]

§63.2132   What parts of my plant does this subpart cover?

(a) This subpart applies to each new, reconstructed, or existing “affected source” that produces Saccharomyces cerevisiae at a nutritional yeast manufacturing facility.

(b) The affected source is the collection of equipment used in the manufacture of the nutritional yeast species Saccharomyces cerevisiae. This collection of equipment includes, but is not limited to, fermentation vessels (fermenters). The collection of equipment used in the manufacture of the nutritional yeast species Candida utilis (torula yeast) is not part of the affected source.

(c) The emission limitations in this subpart apply to fermenters in the affected source that meet all of the criteria listed in paragraphs (c)(1) through (2) of this section.

(1) The fermenters are “fed-batch” as defined in §63.2192.

(2) The fermenters are used to support one of the last three fermentation stages in a production run, which may be referred to as “stock, first generation, and trade,” “seed, semi-seed, and commercial,” or “CB4, CB5, and CB6” stages.

(d) The emission limitations in this subpart do not apply to flask, pure-culture, yeasting-tank, or any other set-batch fermentation, and they do not apply to any operations after the last dewatering operation, such as filtration.

(e) The emission limitations in this subpart do not apply to the affected source during the production of specialty yeast (defined in §63.2192).

(f) An affected source is a “new affected source” if you commenced construction of the affected source after October 19, 1998, and you met the applicability criteria in §63.2131 at the time you commenced construction.

(g) An affected source is “reconstructed” if you meet the criteria as defined in §63.2.

(h) An affected source is “existing” if it is not new or reconstructed.

§63.2133   When do I have to comply with this subpart?

(a) If you have a new or reconstructed affected source, you must comply with paragraphs (a)(1) through (2) of this section.

(1) If you start up your affected source before May 21, 2001, then you must comply with the emission limitations in this subpart no later than May 21, 2001.

(2) If you start up your affected source after May 21, 2001, then you must comply with the emission limitations in this subpart upon startup of your affected source.

(b) If you have an existing affected source, you must comply with the emission limitations for existing sources no later than May 21, 2004.

(c) If you have an area source that increases its emissions, or its potential to emit, so that it becomes a major source of HAP, paragraphs (c)(1) through (2) of this section apply.

(1) Any portion of the existing facility that is a new affected source or a new reconstructed source must be in compliance with this subpart upon startup.

(2) All other parts of the source must be in compliance with this subpart by not later than 3 years after it becomes a major source.

(d) You must meet the notification requirements in §63.2180 according to the schedule in §63.2180 and in subpart A of this part.

Emission Limitations

§63.2140   What emission limitations must I meet?

You must meet all of the emission limitations in Table 1 to this subpart.

General Compliance Requirements

§63.2150   What are my general requirements for complying with this subpart?

(a) You must be in compliance with the emission limitations in Table 1 to this subpart at all times, except during periods of malfunction.

(b) You must always operate and maintain your affected source, including monitoring equipment, according to the provisions in §63.6(e)(1)(i). If the date upon which you must demonstrate initial compliance as specified in §63.2160 falls after the compliance date specified for your affected source in §63.2133, then you must maintain a log detailing the operation and maintenance of the continuous monitoring systems and the process and emissions control equipment during the period between those dates.

(c) You must develop a written malfunction plan. It will be as specified in §63.6(e)(3), except that the requirements for startup, shutdown, and maintenance plans, records and reports apply only to malfunctions. Under this subpart, a period of malfunction is expressed in whole batches and not in portions of batches.

[66 FR 27884, May 21, 2001, as amended at 71 FR 20462, Apr. 20, 2006]

Testing and Initial Compliance Requirements

§63.2160   By what date must I conduct an initial compliance demonstration?

(a) For each emission limitation in Table 1 to this subpart for which compliance is demonstrated by monitoring fermenter exhaust, you must demonstrate initial compliance for the period ending on the last day of the month that is 12 calendar months (or 11 calendar months, if the compliance date for your source is the first day of the month) after the compliance date that is specified for your source in §63.2133. (For example, if the compliance date is October 15, 2003, the first 12-month period for which you must demonstrate compliance would be October 15, 2003 through October 31, 2004.)

(b) For each emission limitation in Table 1 to this subpart for which initial compliance is demonstrated by monitoring brew ethanol concentration and calculating volatile organic compound (VOC) concentration in the fermenter exhaust according to the procedures in §63.2161, you must demonstrate initial compliance within 180 calendar days before the compliance date that is specified for your source in §63.2133.

§63.2161   What performance tests and other procedures must I use if I monitor brew ethanol?

(a) You must conduct each performance test in Table 2 to this subpart that applies to you.

(b) Each performance test must be conducted according to the requirements in §63.7(e)(1) and under the specific conditions that this subpart specifies in Table 2 to this subpart and in paragraphs (b)(1) through (4) of this section.

(1) Conduct each performance test simultaneously with brew ethanol monitoring to establish a brew-to-exhaust correlation equation as specified in paragraph (f) of this section.

(2) For each fermentation stage, conduct one run of the EPA Test Method 25A of 40 CFR part 60, appendix A, over the entire length of a batch. The three fermentation stages do not have to be from the same production run.

(3) Do the test at a point in the exhaust-gas stream before you inject any dilution air, which is any air not needed to control fermentation.

(4) Record the results of the test for each fermentation stage.

(c) You may not conduct performance tests during periods of startup, shutdown, or malfunction, as specified in §63.7(e)(1).

(d) You must collect data to correlate the brew ethanol concentration measured by the continuous emission monitoring system (CEMS) to the VOC concentration in the fermenter exhaust according to paragraphs (d)(1) through (3) of this section.

(1) You must collect a separate set of brew ethanol concentration data for each fed-batch fermentation stage while manufacturing the product that comprises the largest percentage (by mass) of average annual production.

(2) Measure brew ethanol as specified in §63.2164 simultaneously with conducting a performance test for VOC in fermenter exhaust as specified in paragraph (b) of this section. You must measure brew ethanol at least once during each successive 30-minute period over the entire period of the performance test for VOC in fermenter exhaust.

(3) Keep a record of the brew ethanol concentration data for each fermentation stage over the period of EPA Test Method 25A of 40 CFR part 60, appendix A, performance test when the VOC concentration in the fermenter exhaust does not exceed the applicable emission limitation in Table 1 to this subpart.

(e) For each set of data that you collected under paragraph (d) of this section, perform a linear regression of brew ethanol concentration (percent) on VOC fermenter exhaust concentration (parts per million by volume (ppmv) measured as propane). The correlation between the brew ethanol concentration as measured by the CEMS and the VOC fermenter exhaust concentration as measured by EPA Test Method 25A of 40 CFR part 60, appendix A, must be linear with a correlation coefficient of at least 0.90.

(f) Calculate the VOC concentration in the fermenter exhaust using the brew ethanol concentration data collected under paragraph (d) of this section and according to Equation 1 of this section.

BAVOC = BAE * CF + y      (Eq. 1)

Where:

BAVOC = batch-average concentration of VOC in fermenter exhaust (ppmv measured as propane), calculated for compliance demonstration

BAE = batch-average concentration of brew ethanol in fermenter liquid (percent), measured by CEMS

CF = constant established at performance test and representing the slope of the regression line

y = constant established at performance test and representing the y-intercept of the regression line

§63.2162   When must I conduct subsequent performance tests?

(a) For each emission limitation in Table 1 to this subpart for which compliance is demonstrated by monitoring brew ethanol concentration and calculating VOC concentration in the fermenter exhaust according to the procedures in §63.2161, you must conduct an EPA Test Method 25A of 40 CFR part 60, appendix A, performance test and establish a brew-to-exhaust correlation according to the procedures in Table 2 to this subpart and in §63.2161, at least once every year.

(b) The first subsequent performance test must be conducted no later than 365 calendar days after the initial performance test conducted according to §63.2160. Each subsequent performance test must be conducted no later than 365 calendar days after the previous performance test. You must conduct a performance test for each 365 calendar day period for the lifetime of the affected source.

§63.2163   If I monitor fermenter exhaust, what are my monitoring installation, operation, and maintenance requirements?

(a) Each CEMS must be installed, operated, and maintained according to the applicable Performance Specification (PS) of 40 CFR part 60, appendix B.

(b) You must conduct a performance evaluation of each CEMS according to the requirements in §63.8, according to the applicable Performance Specification of 40 CFR part 60, appendix B, and according to paragraphs (b)(1) through (4) of this section.

(1) If your CEMS monitor generates a single combined response value for VOC (examples of such detection principles are flame ionization, photoionization, and non-dispersive infrared absorption), but it is not a flame ionization analyzer, you must use PS 8 to show that your CEMS is operating properly.

(i) Use EPA Test Method 25A of 40 CFR part 60, appendix A, to do the relative-accuracy test PS 8 requires.

(ii) Calibrate the reference method with propane.

(iii) Collect a 1-hour sample for each reference-method test.

(2) If you continuously monitor VOC emissions using a flame ionization analyzer, then you must conduct the calibration drift test PS 8 requires, but you are not required to conduct the relative-accuracy test PS 8 requires.

(3) If you continuously monitor VOC emissions using gas chromatography, you must use PS 9 of CFR part 60, appendix B, to show that your CEMS is operating properly.

(4) You must complete the performance evaluation and submit the performance evaluation report before the compliance date that is specified for your source in §63.2133.

(c) Calibrate the CEMS with propane.

(d) Set the CEMS span at not greater than 5 times the relevant emission limit, with 1.5 to 2.5 times the relevant emission limit being the range considered by us to be generally optimum.

(e) You must monitor VOC concentration in fermenter exhaust at any point prior to dilution of the exhaust stream.

(f) Each CEMS must complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 30-minute period within each batch monitoring period. Except as specified in paragraph (g) of this section, you must have a minimum of two cycles of operation in a 1-hour period to have a valid hour of data.

(g) The CEMS data must be reduced to arithmetic batch averages computed from two or more data points over each 1-hour period, except during periods when calibration, quality assurance, or maintenance activities pursuant to provisions of this part are being performed. During these periods, a valid hour of data shall consist of at least one data point representing a 30-minute period.

(h) You must have valid CEMS data from at least 75 percent of the full hours over the entire batch monitoring period.

(i) For each CEMS, record the results of each inspection, calibration, and validation check.

(j) You must check the zero (low-level) and high-level calibration drifts for each CEMS in accordance with the applicable PS of 40 CFR part 60, appendix B. The zero (low-level) and high-level calibration drifts shall be adjusted, at a minimum, whenever the zero (low-level) drift exceeds 2 times the limits of the applicable PS. The calibration drift checks must be performed at least once daily except that they may be performed less frequently under the conditions of paragraphs (j)(1) through (3) of this section.

(1) If a 24-hour calibration drift check for your CEMS is performed immediately prior to, or at the start of, a batch monitoring period of a duration exceeding 24 hours, you are not required to perform 24-hour-interval calibration drift checks during that batch monitoring period.

(2) If the 24-hour calibration drift exceeds 2.5 percent of the span value (or more than 10 percent of the calibration gas value if your CEMS is a gas chromatograph (GC)) in fewer than 5 percent of the checks over a 1-month period, and the 24-hour calibration drift never exceeds 7.5 percent of the span value, then the frequency of calibration drift checks may be reduced to at least weekly (once every 7 days).

(3) If, during two consecutive weekly checks, the weekly calibration drift exceeds 5 percent of the span value (or more than 20 percent of the calibration gas value, if your CEMS is a GC), then a frequency of at least 24-hour interval calibration checks must be resumed until the 24-hour calibration checks meet the test of paragraph (j)(2) of this section.

(k) If your CEMS is out of control, you must take corrective action according to paragraphs (k)(1) through (3) of this section.

(1) Your CEMS is out of control if the zero (low-level) or high-level calibration drift exceeds 2 times the limits of the applicable PS.

(2) When the CEMS is out of control, take the necessary corrective action and repeat all necessary tests that indicate that the system is out of control. You must take corrective action and conduct retesting until the performance requirements are below the applicable limits.

(3) During the batch monitoring periods in which the CEMS is out of control, recorded data shall not be used in data averages and calculations, or to meet any data availability requirement established under this subpart. The beginning of the out-of-control period is the beginning of the first batch monitoring period that follows the most recent calibration drift check during which the system was within allowable performance limits. The end of the out-of-control period is the end of the last batch monitoring period before you have completed corrective action and successfully demonstrated that the system is within the allowable limits. If your successful demonstration that the system is within the allowable limits occurs during a batch monitoring period, then the out-of-control period ends at the end of that batch monitoring period. If the CEMS is out of control for any part of a particular batch monitoring period, it is out of control for the whole batch monitoring period.

§63.2164   If I monitor brew ethanol, what are my monitoring installation, operation, and maintenance requirements?

(a) Each CEMS must be installed, operated, and maintained according to manufacturer's specifications and in accordance with §63.6(e)(1).

(b) Each CEMS must complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 30-minute period within each batch monitoring period. Except as specified in paragraph (c) of this section, you must have a minimum of two cycles of operation in a 1-hour period to have a valid hour of data.

(c) The CEMS data must be reduced to arithmetic batch averages computed from two or more data points over each 1-hour period, except during periods when calibration, quality assurance, or maintenance activities pursuant to provisions of this part are being performed. During these periods, a valid hour of data shall consist of at least one data point representing a 30-minute period.

(d) You must have valid CEMS data from at least 75 percent of the full hours over the entire batch monitoring period.

(e) Set the CEMS span to correspond to not greater than 5 times the relevant emission limit, with 1.5 to 2.5 times the relevant emission limit being the range considered by us to be generally optimum. Use the brew-to-exhaust correlation equation established under §63.2161(f) to determine the span value for your CEMS that corresponds to the relevant emission limit.

(f) For each CEMS, record the results of each inspection, calibration, and validation check.

(g) The GC that you use to calibrate your CEMS must meet the requirements of paragraphs (g)(1) through (3) of this section.

(1) Calibrate the GC at least daily, by analyzing standard solutions of ethanol in water (0.05 percent, 0.15 percent, and 0.3 percent).

(2) For use in calibrating the GC, prepare the standard solutions of ethanol using the procedures listed in paragraphs (g)(2)(i) through (vi) of this section.

(i) Starting with 100 percent ethanol, dry the ethanol by adding a small amount of anhydrous magnesium sulfate (granular) to 15-20 milliliters (ml) of ethanol.

(ii) Place approximately 50 ml of water into a 100-ml volumetric flask and place the flask on a balance. Tare the balance. Weigh 2.3670 grams of the dry (anhydrous) ethanol into the volumetric flask.

(iii) Add the 100-ml volumetric flask contents to a 1000-ml volumetric flask. Rinse the 100-ml volumetric flask with water into the 1000-ml flask. Bring the volume to 1000 ml with water.

(iv) Place an aliquot into a sample bottle labeled “0.3% Ethanol.”

(v) Fill a 50-ml volumetric flask from the contents of the 1000-ml flask. Add the contents of the 50-ml volumetric flask to a 100-ml volumetric flask and rinse the 50-ml flask into the 100-ml flask with water. Bring the volume to 100 ml with water. Place the contents into a sample bottle labeled “0.15% Ethanol.”

(vi) With a 10-ml volumetric pipette, add two 10.0-ml volumes of water to a sample bottle labeled “0.05% Ethanol.” With a 10.0-ml volumetric pipette, pipette 10.0 ml of the 0.15 percent ethanol solution into the sample bottle labeled “0.05% Ethanol.”

(3) For use in calibrating the GC, dispense samples of the standard solutions of ethanol in water in aliquots to appropriately labeled and dated glass sample bottles fitted with caps having a Teflon® seal. Refrigerated samples may be kept unopened for 1 month. Prepare new calibration standards of ethanol in water at least monthly.

(h) Calibrate the CEMS according to paragraphs (h)(1) through (3) of this section.

(1) To calibrate the CEMS, inject a brew sample into a calibrated GC and compare the simultaneous ethanol value given by the CEMS to that given by the GC. Use either the Porapak® Q, 80-100 mesh, 6 × 18 , stainless steel packed column or the DB Wax, 0.53 mm × 30 m capillary column.

(2) If a CEMS ethanol value differs by 20 percent or more from the corresponding GC ethanol value, determine the brew ethanol values throughout the rest of the batch monitoring period by injecting brew samples into the GC not less frequently than every 30 minutes. From the time at which the difference of 20 percent or more is detected until the batch monitoring period ends, the GC data will serve as the CEMS data.

(3) Perform a calibration of the CEMS at least four times per batch.

[66 FR 27884, May 21, 2001, as amended at 71 FR 20462, Apr. 20, 2006]

§63.2165   How do I demonstrate initial compliance with the emission limitations if I monitor fermenter exhaust?

(a) You must demonstrate initial compliance with each emission limitation that applies to you according to Table 3 to this subpart.

(b) You must submit the Notification of Compliance Status containing the results of the initial compliance demonstration according to the requirements in §63.2180(e).

§63.2166   How do I demonstrate initial compliance with the emission limitations if I monitor brew ethanol?

(a) You must demonstrate initial compliance with each emission limitation that applies to you according to Table 3 to this subpart.

(b) You must establish the brew-to-exhaust correlation for each fermentation stage according to §63.2161(e).

(c) You must submit the Notification of Compliance Status containing the results of the initial compliance demonstration according to the requirements in §63.2180(e).

Continuous Compliance Requirements

§63.2170   How do I monitor and collect data to demonstrate continuous compliance?

(a) You must monitor and collect data according to this section.

(b) Except for monitor malfunctions, associated repairs, and required quality assurance or control activities (including, as applicable, calibration checks and required zero and span adjustments), you must monitor continuously during each batch monitoring period.

(c) You may not use data recorded during monitoring malfunctions, associated repairs, and required quality assurance or quality control activities in data averages and calculations used to report emission or operating levels, or to fulfill a minimum data availability requirement. You must use all the data collected during all other periods in assessing the operation of the control system.

§63.2171   How do I demonstrate continuous compliance with the emission limitations?

(a) You must demonstrate continuous compliance with each emission limitation in Table 1 to this subpart that applies to you according to methods specified in Table 4 to this subpart.

(b) You must calculate the percentage of within-concentration batches (defined in §63.2192) for each 12-month period according to paragraphs (b)(1) through (4) of this section.

(1) Determine the percentage of batches over a 12-month calculation period that were in compliance with the applicable maximum concentration. The total number of batches in the calculation period is the sum of the numbers of batches of each fermentation stage for which emission limits apply. To calculate the 12-month percentage, do not include batches in production during periods of malfunction. In counting the number of batches in the 12-month calculation period, include those batches for which the batch monitoring period ended on or after 12 a.m. on the first day of the period and exclude those batches for which the batch monitoring period did not end on or before 11:59 p.m. on the last day of the period.

(2) You must determine the 12-month percentage at the end of each calendar month.

(3) The first 12-month calculation period begins on the compliance date that is specified for your source in §63.2133 and ends on the last day of the month that includes the date 365 days after your compliance date, unless the compliance date for your source is the first day of the month, in which case the first 12-month calculation period ends on the last day of the month that is 11 calendar months after the compliance date. (For example, if the compliance date for your source is October 15, 2003, the first 12-month calculation period would begin on October 15, 2003, and end on October 31, 2004. If the compliance date for your source is October 1, 2003, the first 12-month calculation period would begin on October 1, 2003, and end on September 30, 2004.)

(4) The second 12-month calculation period and each subsequent 12-month calculation period begin on the first day of the month following the first full month of the previous 12-month averaging period and end on the last day of the month 11 calendar months later. (For example, if the compliance date for your source is October 15, 2003, the second calculation period would begin on December 1, 2003 and end on November 30, 2004.)

(c) You must report each instance (that is, each 12-month calculation period) in which you did not meet each emission requirement in Table 4 to this subpart that applies to you. (Failure of a single batch to meet a concentration limit does not in and of itself constitute a failure to meet the emission limitation.) Each instance in which you failed to meet each applicable emission limitation is reported as part of the requirements in §63.2181.

[66 FR 27884, May 21, 2001, as amended at 71 FR 20463, Apr. 20, 2006]

Notification, Reports, and Records

§63.2180   What notifications must I submit and when?

(a) You must submit all of the notifications in §§63.7(b) and (c), 63.8(e), (f)(4) and (6), and 63.9(b) through (h) that apply to you by the dates specified.

(b) If you start up your affected source before May 21, 2001, you are not subject to the initial notification requirements of §63.9(b)(2).

(c) If you are required to conduct a performance test as specified in Table 2 to this subpart, you must submit a notification of intent to conduct a performance test at least 60 calendar days before the performance test is scheduled to begin as required in §63.7(b)(1).

(d) If you are required to conduct a performance evaluation as specified in §63.2163(b), you must submit a notification of the date of the performance evaluation at least 60 days prior to the date the performance evaluation is scheduled to begin as required in §63.8(e)(2).

(e) If you are required to conduct a performance test or other initial compliance demonstration as specified in Table 2 or 3 to this subpart, you must submit a Notification of Compliance Status according to §63.9(h)(2)(ii) and according to paragraphs (e)(1) through (2) of this section.

(1) For each initial compliance demonstration required in Table 3 to this subpart that does not include a performance test, you must submit the Notification of Compliance Status no later than July 31 or January 31, whichever date follows the end of the first 12 calendar months after the compliance date that is specified for your source in §63.2133. If your initial compliance demonstration does not include a performance test, the first compliance report, described in §63.2181(b)(1), serves as the Notice of Compliance Status.

(2) For each initial compliance demonstration required in Table 2 or 3 to this subpart that includes a performance test conducted according to the requirements in Table 2, you must submit the Notification of Compliance Status, including the performance test results, before the close of business on the 60th calendar day following the completion of the performance test according to §63.10(d)(2).

§63.2181   What reports must I submit and when?

(a) You must submit each report in Table 5 to this subpart that applies to you.

(b) Unless the Administrator has approved a different schedule for submission of reports under §63.10(a), you must submit each report by the date in Table 5 to this subpart and according to paragraphs (b)(1) through (5) of this section.

(1) The first compliance report must cover the period beginning on the compliance date that is specified for your affected source in §63.2133 and ending on either June 30 or December 31 (use whichever date is the first date following the end of the first 12 calendar months after the compliance date that is specified for your source in §63.2133). The first compliance report must include the percentage of within-concentration batches, as described in §63.2171(b), for the first 12-month calculation period described in §63.2171(b)(3). It must also include a percentage for each subsequent 12-month calculation period, as described in §63.2171(b)(4), ending on a calendar month that falls within the first compliance period. (For example, if the compliance date for your source is October 15, 2003, the first compliance report would cover the period from October 15, 2003 to December 31, 2004. It would contain percentages for the 12-month periods ending October 31, 2004; November 30, 2004; and December 31, 2004.)

(2) The first compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date follows the end of the first 12 calendar months after the compliance date that is specified for your affected source in §63.2133.

(3) Each subsequent compliance report must cover the semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31. Each subsequent compliance report must include the percentage of within-concentration batches for each 12-month calculation period ending on a calendar month that falls within the reporting period. (For example, if the compliance date for your source is October 15, 2003, the second compliance report would cover the period from January 1, 2005 through June 30, 2005. It would contain percentages for the 12-month periods ending January 31, 2005; February 28, 2005; March 31, 2005; April 30, 2005; May 31, 2005; and June 30, 2005.)

(4) Each subsequent compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date is the first date following the end of the semiannual reporting period.

(5) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or part 71, and if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6(a)(3)(a)(iii)(A) or 40 CFR 71.6(a)(3)(a)(iii)(A), you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the dates in paragraphs (b)(1) through (4) of this section.

(c) The compliance report must contain the information listed in paragraphs (c)(1) through (5) of this section.

(1) Company name and address.

(2) Statement by a responsible official with that official's name, title, and signature, certifying the accuracy of the content of the report.

(3) Date of report and beginning and ending dates of the reporting period.

(4) Percentage of batches that are within-concentration batches for each 12-month period ending on a calendar month that falls within the reporting period.

(5) If you had a malfunction during the reporting period and you took actions consistent with your malfunction plan, the compliance report must include the information in §63.10(d)(5)(i) for each malfunction.

§63.2182   What records must I keep?

(a) You must keep the records listed in paragraphs (a)(1) through (4) of this section. These include:

(1) A copy of each notification and report that you submitted to comply with this subpart, including all documentation supporting any Notification of Compliance Status and compliance report that you submitted, according to the requirements in §63.10(b)(2)(xiv).

(2) The records in §63.6(e)(3)(iii) through (v) related to malfunction;

(3) Records of performance tests and performance evaluations as required in §63.10(b)(2)(viii); and

(4) Records of results of brew-to-exhaust correlation tests specified in §63.2161.

(b) For each CEMS, you must keep the records listed in paragraphs (b)(1) through (9) of this section. These include:

(1) Records described in §63.10(b)(2)(vi);

(2) All required measurements needed to demonstrate compliance with a relevant standard (including, but not limited to, 30-minute averages of CEMS data, raw performance testing measurements, and raw performance evaluation measurements, that support data that the source is required to report);

(3) Records described in §63.10(b)(2)(viii) through (xi). The CEMS system must allow the amount of excess zero (low-level) and high-level calibration drift measured at the interval checks to be quantified and recorded;

(4) All required CEMS measurements (including monitoring data recorded during unavoidable CEMS breakdowns and out-of-control periods);

(5) Identification of each batch during which the CEMS was inoperative, except for zero (low-level) and high-level checks;

(6) Identification of each batch during which the CEMS was out of control, as defined in §63.2163(k);

(7) Previous (i.e., superseded) versions of the performance evaluation plan as required in §63.8(d)(3);

(8) Request for alternatives to relative accuracy test for CEMS as required in §63.8(f)(6)(i); and

(9) Records of each batch for which the batch-average VOC concentration exceeded the applicable maximum VOC concentration in Table 1 to this subpart and whether the batch was in production during a period of malfunction or during another period.

(c) You must keep the records required in Table 4 to this subpart to show continuous compliance with each emission limitation that applies to you.

(d) You must also keep the records listed in paragraphs (d)(1) through (3) of this section for each batch in your affected source.

(1) Unique batch identification number.

(2) Fermentation stage for which you are using the fermenter.

(3) Unique CEMS equipment identification number.

§63.2183   In what form and how long must I keep my records?

(a) Your records must be in a form suitable and readily available for expeditious review, according to §63.10(b)(1).

(b) As specified in §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, according to §63.10(b)(1). You can keep the records offsite for the remaining 3 years.

Other Requirements and Information

§63.2190   What parts of the General Provisions apply to me?

Table 6 to this subpart shows which parts of the General Provisions in §§63.1 through 63.13 apply to you.

§63.2191   Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by us, the U.S. EPA, or a delegated authority such as your State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency has the authority to 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 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 listed in paragraphs (c)(1) through (4) of this section.

(1) Approval of alternatives to the non-opacity emission limitations in §63.2140 under §63.6(g).

(2) Approval of major alternatives to test methods under §63.7(e)(2)(ii) and (f) and as defined in §63.90.

(3) Approval of major alternatives to monitoring under §63.8(f) and as defined in §63.90.

(4) Approval of major alternatives to recordkeeping and reporting under §63.10(f) and as defined in §63.90.

§63.2192   What definitions apply to this subpart?

Terms used in this subpart are defined in the Clean Air Act, in 40 CFR 63.2, the General Provisions of this part, and in this section as follows:

Batch means a single fermentation cycle in a single fermentation vessel (fermenter).

Batch monitoring period means the period that begins at the later of either the start of aeration or the addition of yeast to the fermenter; the period ends at the earlier of either the end of aeration or the point at which the yeast has begun being emptied from the fermenter.

Brew means the mixture of yeast and additives in the fermenter.

Brew ethanol means the ethanol in fermenter liquid.

Brew ethanol monitor means the monitoring system that you use to measure brew ethanol to demonstrate compliance with this subpart. The monitoring system includes a resistance element used as an ethanol sensor, with the measured resistance proportional to the concentration of ethanol in the brew.

Brew-to-exhaust correlation means the correlation between the concentration of ethanol in the brew and the concentration of VOC in the fermenter exhaust. This correlation is specific to each fed-batch fermentation stage and is established while manufacturing the product that comprises the largest percentage (by mass) of average annual production.

Emission limitation means any emission limit or operating limit.

Fed-batch means the yeast is fed carbohydrates and additives during fermentation in the vessel. In contrast, carbohydrates and additives are added to “set-batch” fermenters only at the start of the batch.

1-hour period means any 60-minute period commencing on the minute at which the batch monitoring period begins.

Product means the yeast resulting from the final stage in a production run. Products are distinguished by yeast species, strain, and variety.

Responsible official means responsible official as defined in 40 CFR 70.2.

Specialty yeast includes but is not limited to yeast produced for use in wine, champagne, whiskey, and beer.

Within-concentration batch means a batch for which the average VOC concentration is not higher than the maximum concentration that is allowed as part of the applicable emission limitation.

Table 1 to Subpart CCCC of Part 63—Emission Limitations

As stated in §63.2140, you must comply with the emission limitations in the following table:

For each fed-batch fermenter producing yeast in the following fermentation stage .  .  . You must meet the following emission limitation .  .  .
Last stage (Trade); or Second-to-last stage (First Generation); or Third-to-last stage (Stock)a. For at least 98 percent of all batches (sum of batches from last, second-to-last, and third-to-last stages) in each 12-month calculation period described in §63.2171(b), the VOC concentration in the fermenter exhaust does not exceed the applicable maximum concentration (100 ppmv for last stage, 200 ppmv for second-to-last stage, or 300 ppmv for third-to-last stage), measured as propane, and averaged over the duration of a batch.
b. The emission limitation does not apply during the production of specialty yeast.

Table 2 to Subpart CCCC of Part 63—Requirements for Performance Tests

As stated in §63.2161, if you demonstrate compliance by monitoring brew ethanol, you must comply with the requirements for performance tests in the following table:

[Brew Ethanol Monitoring Only]

For each fed-batch fermenter for which compliance is determined by monitoring brew ethanol concentration and calculating VOC concentration in the fermenter exhaust according to the procedures in §63.2161, you must .  .  .Using .  .  .According to the following requirements .  .  .
1. Measure VOC as propaneMethod 25A*, or an alternative validated by EPA Method 301* and approved by the AdministratorYou must measure the VOC concentration in the fermenter exhaust at any point prior to the dilution of the exhaust stream.

*EPA Test Methods found in appendix A of 40 CFR part 60.

[79 FR 11284, Feb. 27, 2014]

Table 3 to Subpart CCCC of Part 63—Initial Compliance With Emission Limitations

As stated in §63.2165 (if you monitor fermenter exhaust) and §63.2166 (if you monitor brew ethanol), you must comply with the requirements to demonstrate initial compliance with the applicable emission limitations in the following table:

For .  .  . For the following emission limitation .  .  . You have demonstrated initial compliance if .  .  .
1. Each fed-batch fermenter producing yeast in a fermentation stage (last Trade), second-to-last (First Generation), or third-to-last (Stock)) for which compliance is determined by monitoring VOC concentration in the fermenter exhaustThe VOC concentration in the fermenter exhaust, averaged over the duration of the batch, does not exceed the applicable maximum concentration (100 ppmv for last stage, 200 ppmv for second-to-last stage, or 300 ppmv for third-to-last stage), measured as propane.a. You reduce the CEMS data batch averages according to §63.2163(g).
b. The average VOC concentration in the fermenter exhaust for at least 98 percent of the batches (sum of batches from last, second-to-last, and third-to-last stages) during the initial compliance period described in §63.2160(a) does not exceed the applicable maximum concentration.
2. Each fed-batch fermenter producing yeast in a fermentation stage (last (Trade), second-to-last (First Generation), or third-to-last (Stock)) for which compliance is determined by monitoring brew ethanol concentration and calculating VOC concentration in the fermenter exhaust according to the procedures in §63.2161The VOC concentration in the fermenter exhaust, averaged over the duration of the batch, does not exceed the applicable maximum concentration (100 ppmv for last stage, 2000 ppmv for second-to-last stage, or 300 ppmv for third-to-last stage), measured as propanea. The VOC fermenter exhaust concentration over the period of the Method 25A* performance test does not exceed the applicable maximum concentration.
b. You have a record of the brew-to-exhaust correlation during the Method 25A* performance test during which the VOC fermenter exhaust concentration did not exceed the applicable maximum concentration.

*EPA Test Method in appendix A of 40 CFR part 60.

Table 4 to Subpart CCCC of Part 63—Continuous Compliance With Emission Limitations

As stated in §63.2171, you must comply with the requirements to demonstrate continuous compliance with the applicable emission limitations in the following table:

For .  .  .For the following emission limitation .  .  .You must demonstrate continuous compliance by .  .  .
1. Each fed-batch fermenter producing yeast in a fermentation stage (last (Trade), second-to-last (First Generation), or third-to-last (Stock)) for which compliance is determined by monitoring VOC concentration in the fermenter exhaustFor at least 98 percent of all batches (sum of batches from last, second-to-last, and third-to-last stages) in each 12-month calculation period described in §63.2171(b), the VOC concentration in the fermenter exhaust, averaged over the duration of the batch, does not exceed the applicable maximum concentration (100 ppmv for last stage, 200 ppmv for second-to-last stage, or 300 ppmv for third-to-last stage), measured as propanea. Collecting the monitoring data according to §63.2163(f).
b. Reducing the data according to §63.2163(g).
c. For at least 98 percent of the batches (sum of batches from last, second-to-last, and third-to-last stages) for each 12-month period ending within a semiannual reporting period described in §63.2181(b)(3), the batch average VOC concentration in the fermenter exhaust does not exceed the applicable maximum concentration.
2. Each fed-batch fermenter producing yeast in a fermentation stage (last (Trade), second-to-last (First Generation), or third-to-last (Stock)) for which compliance is determined by monitoring brew ethanol concentration and calculating VOC concentration in the fermenter exhaust according to the procedures in §63.2161.For at least 98 percent of all batches (sum of batches from last, second-to-last, and third-to-last stages) in each 12-month calculation period described in §63.2171(b), the VOC concentration in the fermenter exhaust, averaged over the duration of the batch, does not exceed the applicable maximum concentration (100 ppmvc for last stage, 200 ppmv for second-to-last stage, or 300 ppmv for third-to-last stage), measured as propanea. Collecting the monitoring data according to §63.2164(b).
b. Reducing the data according to §63.2164(c).
c. For at least 98 percent of the batches (sum of batches from last, second-to-last, and third-to-last stages) for each 12-month period ending within a semiannual reporting period described in §63.2181(b)(3), the batch average VOC concentration in the fermenter exhaust does not exceed the applicable maximum concentration.

Table 5 to Subpart CCCC of Part 63—Requirements for Reports

As stated in §63.2181, you must submit a compliance report that contains the information in §63.2181(c) as well as the information in the following table; you must also submit malfunction reports according to the requirements in the following table:

You must submit a(n) The report must contain .  .  . You must submit the report .  .  .
1. Compliance reporta. Your calculated percentage of within-concentration batches, as described in §63.2171(b), for 12-month calculation periods ending on each calendar month that falls within the reporting periodSemiannually according to the requirements in §63.2181(b).
   b. If you had a malfunction during the reporting period and you took actions consistent with your malfunction plan, the compliance report must include the information in §63.10(d)(5)(i)Semiannually according to the requirements in §63.2181(b).
2. Immediate malfunction report if you had a malfunction during the reporting period that is not consistent with your malfunction plana. Actions taken for the eventBy fax or telephone within 2 working days after starting actions inconsistent with the plan.
   b. The information in §63.10(d)(5)(ii)By letter within 7 working days after the end of the event unless you have made alternative arrangements with the permitting authority (§63.10(d)(5)(ii)).

Table 6 to Subpart CCCC of Part 63—Applicability of General Provisions to Subpart CCCC

As stated in §63.2190, you must comply with the applicable General Provisions requirements according to the following table:

Citation Subject Applicable to subpart CCCC?
§63.1ApplicabilityYes.
§63.2DefinitionsYes.
§63.3Units and AbbreviationsYes.
§63.4Prohibited Activities and CircumventionYes.
§63.5Construction and ReconstructionYes.
§63.6Compliance With Standards and Maintenance Requirements1. For §63.6(e) and (f), requirements for startup, shutdown, and malfunctions apply only to malfunctions.
2. §63.6(h) does not apply.
3. Otherwise, all apply.
§63.7Performance Testing Requirements1. §63.7(a)(1)-(2) and (e)(3) do not apply, instead specified in this subpart.
2. Otherwise, all apply.
§63.8Monitoring Requirements1. §63.8(a)(2) is modified by §63.2163.
2. §63.8(a)(4) does not apply.
3. For §63.8(c)(1), requirements for startup, shutdown, and malfunctions apply only to malfunctions, and no report pursuant to §63.10(d)(5)(i) is required.
4. For §63.8(d), requirements for startup, shutdown, and malfunctions apply only to malfunctions.
5. §63.8(c)(4)(i), (c)(5), (e)(5)(ii), and (g)(5), do not apply.
6. §63.8(c)(4)(ii), (c)(6)-(8), (e)(4), and (g)(1)-(4) do not apply, instead specified in this subpart.
7. Otherwise, all apply.
§63.9Notification Requirements1. §63.9(b)(2) does not apply because rule omits requirements for initial notification for sources that start up prior to May 21, 2001
2. §63.9(f) does not apply.
3. Otherwise, all apply.
§63.10Recordkeeping and Reporting Requirements1. For §63.10(b)(2)(i)-(v), (c)(9)-(15), and (d)(5), requirements for startup, shutdown, and malfunctions apply only to malfunctions.
2. §63.10(b)(2)(vii) and (c)(1)-(6) do not apply, instead specified in this subpart.
3. §63.10(c)(7)-(8), (d)(3), (e)(2)(ii)-(4), (e)(3)-(4) do not apply.
4. Otherwise, all apply.
§63.11FlaresNo.
§63.12DelegationYes.
§63.13AddressesYes.
§63.14Incorporation by ReferenceYes.
§63.15Availability of InformationYes.


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