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CFR Citation: 40 CFR Part 63

RIN ID: RIN 2060-AH22

FRL ID: [FRL-6965-5]

NOTICE: Part II

DOCUMENT ACTION: Final rule.

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

EFFECTIVE DATES: April 12, 2001.

DOCUMENT 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), nhexane.

The EPA does not consider nhexane classifiable as a human carcinogen. However, shortterm exposure to high levels of nhexane is reported to cause reactions such as irritations, dizziness, headaches, and nausea. Longterm 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 nhexane 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).

SUMMARY: Environmental Protection Agency,

SUPPLEMENTAL 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) 2607548. 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) 5415384.

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
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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 A9759: (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 A9759.
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. A9759). 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.
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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 5501 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
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``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 1044, 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 costbenefit 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 leastcostly, most costeffective, or leastburdensome 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 leastcostly, most costeffective, or leastburdensome 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 forprofit 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) 2046Wet Corn Milling.......... 311221Wet Corn fewer than 750 Milling. employees. 2041Flour and Other Grain Mill 311211Flour fewer than 500 Products. Milling. employees. 2074Cottonseed Oil Mills...... 311223Other fewer than 1,000 Oilseed employees. Processing.
2075Soybean Oil Mills......... 311222Soybean fewer than 500 Processing. employees. 2076Vegetable Oil Mills....... 311223Other 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 costtosales 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 profittosales 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
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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 facilityspecific 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 highlow 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. 194702) 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 email at farmer.sandy@epa.gov, or by calling (202) 2602740. 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 3year 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. 104113), 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 nhexane. 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).
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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 GGGGNational 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, desolventizertoasters (conventional and specialty), and meal dryercoolers. 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 12month 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

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, (MD13), U.S. EPA, Research Triangle Park, North Carolina 27711; telephone number (919) 5415672; facsimile number (919) 5410246; electronic mail address: durham.jim@epa.gov.