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Title 40

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Displaying title 40, up to date as of 9/08/2026. Title 40 was last amended 9/08/2026.
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  1. Title 40 —Protection of Environment
  2. Chapter I —Environmental Protection Agency
  3. Subchapter C —Air Programs
  4. Part 63 —National Emission Standards for Hazardous Air Pollutants for Source Categories
  5. Subpart CCCC —National Emission Standards for Hazardous Air Pollutants: Manufacturing of Nutritional Yeast
  6. Other Requirements and Information
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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 63.15 apply to you.

§ 63.2191 Who implements and enforces this subpart?

(a) We, the U.S. EPA, or a delegated authority such as your state, local, or tribal agency, can implement and enforce this subpart. If our 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 the U.S. EPA Regional Office that serves you 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 our Administrator 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 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, in the General Provisions of this part (§§ 63.1 through 63.15), 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.

BAVOC means the average VOC concentration in the fermenter exhaust over the duration of a batch (“batch-average VOC concentration”).

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.

Monitoring system malfunction means any sudden, infrequent, and not reasonably preventable failure of the monitoring system to provide valid data. Monitoring system failures that are caused in part by poor maintenance or careless operation are not malfunctions. You are required to complete monitoring system repairs in response to monitoring system malfunctions and to return the monitoring system to operation as expeditiously as practicable.

1-hour period means any successive period commencing on the minute at which the batch monitoring period begins and continuing for 60 minutes, except for the last period, which may be less than 60 minutes.

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.

Set-batch means the yeast is fed carbohydrates and additives only at the start of the batch.

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 BAVOC 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

For each fed-batch fermenter producing yeast in the following fermentation stage . . . 98-percent option: You must not exceed the following VOC emission limitation a according to the timeline in Table 7 to this subpart . . . Average option: You must not exceed the following VOC emission limitation a according to the timeline in Table 7 to this subpart . . . Batch option: You must not exceed the following VOC emission limitation a according to the timeline in Table 7 to this subpart . . .
Last stage 100 ppmv (measured as propane) for BAVOC for at least 98 percent of all batches in each 12-month calculation period described in § 63.2171(b) and (e) 95 ppmv (measured as propane) for the average BAVOC of all batches in this stage in each 12-month calculation period described in § 63.2171(c) and (e) 100 ppmv (measured as propane) for BAVOC for each batch.
Second-to-last stage 200 ppmv (measured as propane) for BAVOC for at least 98 percent of all batches in each 12-month calculation period described in § 63.2171(b) and (e) 190 ppmv (measured as propane) for the average BAVOC of all batches in this stage in each 12-month calculation period described in § 63.2171(c) and (e) 200 ppmv (measured as propane) for BAVOC for each batch.
Third-to-last stage 300 ppmv (measured as propane) for BAVOC for at least 98 percent of all batches in each 12-month calculation period described in § 63.2171(b) and (e) 285 ppmv (measured as propane) for the average BAVOC of all batches in this stage in each 12-month calculation period described in § 63.2171(c) and (e) 300 ppmv (measured as propane) for BAVOC for each batch.
a The emission limitation does not apply during the production of specialty yeast.

Table 2 to Subpart CCCC of Part 63—Requirements for Performance Tests If You Monitor Brew Ethanol

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 . . .
Measure VOC as propane Method 25A,a or an alternative validated by EPA Method 301 b and approved by the Administrator You must measure the VOC concentration in the fermenter exhaust at any point prior to the dilution of the exhaust stream.
a EPA Test Method 25A is found in appendix A-7 of 40 CFR part 60.
b EPA Test Method 301 is found in appendix A of 40 CFR part 63.

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

For . . . Average option: You have demonstrated initial compliance if . . . Batch option: You have demonstrated initial compliance if . . .
Each fed-batch fermenter producing yeast in a fermentation stage (last, second-to-last, or third-to-last) for which compliance is determined by monitoring VOC concentration in the fermenter exhaust The average BAVOC of all batches in each fermentation stage during the initial compliance period described in § 63.2160(a) does not exceed the applicable concentration in Table 1 to this subpart BAVOC for each batch of each fermentation stage during the initial compliance period described in § 63.2160(b) does not exceed the applicable concentration in Table 1 to this subpart.

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

For . . . 98-percent option: You must demonstrate continuous compliance by . . . Average option: You must demonstrate continuous compliance by . . . Batch option: You must demonstrate continuous compliance by . . .
1. Each fed-batch fermenter producing yeast in a fermentation stage (last, second-to-last, or third-to-last) for which compliance is determined by monitoring VOC concentration in the fermenter exhaust
2. Each fed-batch fermenter producing yeast in a fermentation stage (last, second-to-last, or third-to-last) 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 a 		Showing that BAVOC for at least 98 percent of the batches for each 12-month calculation period ending within a semiannual reporting period described in § 63.2181(b)(3) does not exceed the applicable maximum concentration in Table 1 to this subpart Showing that the average BAVOC of all batches in each fermentation stage during each 12-month calculation period ending within a semiannual reporting period described in § 63.2181(b)(3) does not exceed the applicable concentration in Table 1 to this subpart Showing that BAVOC for each batch within a semiannual reporting period described in § 63.2181(b)(3) does not exceed the applicable concentration in Table 1 to this subpart.
a Monitoring brew ethanol concentration to demonstrate compliance is not allowed on and after October 16, 2020, as specified in Table 8 to this subpart.

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

You must submit a . . . The report must contain . . . You must submit the report . . .
1. Compliance report a. The information described in § 63.2181(c), as appropriate Semiannually according to the requirements in § 63.2181(b).
b. If you fail to meet an applicable standard during the reporting period, then the compliance report must include the information in § 63.2181(c)(5) or (7) Semiannually according to the requirements in § 63.2181(b).
2. Performance test report The results of the performance test, including the information described in § 63.7(g) At least once every 365 calendar days and according to the requirements in § 63.2181(a)(1)(i).
3. Performance evaluation report The results of the performance evaluation, including information from the performance evaluation plan at § 63.8(e)(3) At least once every twelve calendar quarters and according to the requirements in §§ 63.2163(f) and 63.2181(a)(1)(ii).

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

Citation Subject Applicable to subpart CCCC?
§ 63.1 Applicability Yes.
§ 63.2 Definitions Yes.
§ 63.3 Units and Abbreviations Yes.
§ 63.4 Prohibited Activities and Circumvention Yes.
§ 63.5 Construction and Reconstruction Yes.
§ 63.6 Compliance With Standards and Maintenance Requirements 1. § 63.6(e)(1)(i) does not apply, instead specified in § 63.2150(d).
2. § 63.6(e)(1)(ii), (e)(3), (f)(1), and (h) do not apply.
3. Otherwise, all apply.
§ 63.7 Performance Testing Requirements 1. § 63.7(a)(1) and (2) do not apply, instead specified in § 63.2162.
2. § 63.7(e)(1) and (e)(3) do not apply, instead specified in § 63.2161(b).
3. Otherwise, all apply.
§ 63.8 Monitoring Requirements 1. § 63.8(a)(2) is modified by § 63.2163.
2. § 63.8(d)(3) is modified by § 63.2182(c)(3) and § 63.2183(e).
3. § 63.8(a)(4), (c)(1)(i), (c)(1)(iii), (c)(4)(i), (c)(5), (e)(5)(ii), and (g)(5) do not apply.
4. § 63.8(c)(6), (c)(8), (e)(4), (g)(1), and (g)(3) do not apply, instead specified in §§ 63.2163(b) and (j), 63.2164(c), and 63.2182(c)(1) and (5).
5. Otherwise, all apply.
§ 63.9 Notification Requirements 1. § 63.9(b)(2) does not apply because rule omits requirements for initial notification for affected sources that start up prior to May 21, 2001.
2. § 63.9(f) does not apply.
3. Otherwise, all apply.
§ 63.10 Recordkeeping and Reporting Requirements 1. § 63.10(b)(2)(ii) does not apply, instead specified in § 63.2182(a)(2) and (c)(5).
2. § 63.10(b)(2)(i), (b)(2)(iv), (b)(2)(v), (c)(15), (d)(3), (e)(2)(ii), and (e)(3) and (4) do not apply.
3. § 63.10(d)(5) does not apply, instead specified in § 63.2181(c)(5) and (7).
4. Otherwise, all apply.
§ 63.11 Flares No.
§ 63.12 Delegation Yes.
§ 63.13 Addresses Yes.
§ 63.14 Incorporation by Reference Yes.
§ 63.15 Availability of Information Yes.

Table 7 to Subpart CCCC of Part 63—Emission Limitation Applicability Timeline

For each . . . During this time frame . . . You must comply with the emission limitations in Table 1 to this subpart using the . . .
Existing affected source Before 10/16/2017
Between 10/16/2017 and October 16, 2018
On and after October 16, 2018		 98-Percent Option.
98-Percent Option, Average Option, or Batch Option.
Average Option or Batch Option.
New or reconstructed affected source that you start up prior to 10/16/2017 Before 10/16/2017
Between 10/16/2017 and October 16, 2018
On and after October 16, 2018		 98-Percent Option.
98-Percent Option, Average Option, or Batch Option.
Average Option or Batch Option.
New or reconstructed affected source that you start up after 10/16/2017 After 10/16/2017 Average Option or Batch Option.

Table 8 to Subpart CCCC of Part 63—Monitoring System Requirements Timeline

For each . . . During this time frame . . . You must monitor VOC concentration by . . .
Existing affected source Before 10/16/2017 Monitoring fermenter exhaust using a CEMS or by monitoring brew ethanol concentration using a brew ethanol monitor.
Between 10/16/2017 and October 16, 2020 Monitoring fermenter exhaust using a VOC CEMS or by monitoring brew ethanol concentration using a brew ethanol monitor.
On and after October 16, 2020 Monitoring fermenter exhaust using a VOC CEMS.
New or reconstructed affected source that you start up prior to 10/16/2017 Before 10/16/2017 Monitoring fermenter exhaust using a CEMS or by monitoring brew ethanol concentration using a brew ethanol monitor.
Between 10/16/2017 and October 16, 2020 Monitoring fermenter exhaust using a VOC CEMS or by monitoring brew ethanol concentration using a brew ethanol monitor.
On and after October 16, 2020 Monitoring fermenter exhaust using a VOC CEMS.
New or reconstructed affected source that you start up after 10/16/2017 After 10/16/2017 Monitoring fermenter exhaust using a VOC CEMS.
eCFR Content