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Electronic Code of Federal Regulations

e-CFR data is current as of December 5, 2019

Title 40Chapter ISubchapter CPart 63Subpart GGGG → Subject Group


Title 40: Protection of Environment
PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES (CONTINUED)
Subpart GGGG—National Emission Standards for Hazardous Air Pollutants: Solvent Extraction for Vegetable Oil Production


What This Subpart Covers

§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.

§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 §63.2872.

§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 §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 §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 §63.2872.

(4) It functions only as a research and development facility and is not a major source.

(c) As listed in §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.

§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:

Table 1 to §63.2833—Categorizing Your Source as Existing or New

If your affected source.  .  . And if.  .  .Then your affected source.  .  .
(1) was constructed or began construction before May 26, 2000reconstruction has not occurredis an existing source.
(2) began reconstruction, as defined in §63.2, on or after May 26, 2000(i) reconstruction was part of a 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
remains an existing source.
(3) began a significant modification, as defined in §63.2872, at any time on an existing sourcethe modification does not constitute reconstructionremains an existing source.
(4) began a significant modification, as defined in §63.2872, at any time on a new sourcethe modification does not constitute reconstructionremains a new source.
(5) began reconstruction on or after May 26, 2000reconstruction was completed later than 3 years after the effective date of this subpartis a new source
(6) began construction on or after May 26, 2000is a new source.

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

§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 §63.2834—Compliance Dates for Existing and New Sources

If your affected source is categorized as... And if... Then your compliance date is...
(a) an existing source3 years after the effective date of this subpart.
(b) a new sourceyou startup your affected source before the effective date of this subpartthe effective date of this subpart.
(c) a new sourceyou startup your affected source on or after the effective date of this subpartyour startup date.

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