VOC CEMS as part of the source's quality control program. Given the
high level of variability in emissions between batches that was
demonstrated by the data used to analyze the brew ethanol monitoring
option, we would recommend owners or operators seek other means--
perhaps redundant VOC CEMS--as better alternatives for determining
compliance during periods when the primary VOC CEMS is malfunctioning.
Of course, even with approval of other means for assessing emissions,
failure to provide VOC CEMS data as required would remain a deviation
and constitute monitor downtime, which must be reported according to
rule requirements in 40 CFR 63.2181.
4. What is the rationale for our final approach?
    For the reasons explained in the preamble to the proposed rule (81
FR 95829, December 28, 2016) and in the comment responses in section
IV.F.3 of this preamble, we are finalizing requirements to collect all
valid CEMS data, as proposed, with the additional clarifications
described in section IV.F.2 of this preamble. The final requirements
are specified at 40 CFR 63.2163, 63.2170, 63.2181(c)(8), and
63.2182(c)(5), and in Table 6 to subpart CCCC.

G. Compliance Dates for the Amendments

1. What did we propose?
    The EPA proposed that currently operating facilities must
immediately comply with one of the two revised forms of the fermenter
VOC standards upon the effective date of the final rule, and that
facilities that currently demonstrate compliance by monitoring brew
ethanol in the fermenter have up to 1 year to install CEMS. The EPA
proposed that currently operating facilities must immediately comply
with the additional testing, monitoring, reporting, and recordkeeping
requirements (i.e., the removal of GC CEMS, collection of all valid
CEMS data from the entire batch monitoring period, requirement to
conduct RATA, use of Procedure 1 of Appendix F to part 60 for VOC CEMS,
and the electronic reporting requirements), as well as with the revised
SSM requirements. The EPA also proposed that sources that are
constructed or reconstructed after promulgation of the rule revisions
must comply with all amendments upon startup of the affected source (81
FR 95834, December 28, 2016).
2. How did the requirements change since proposal?
    Based on public comments, the EPA has changed the compliance date
for existing sources to comply with the revised form of the fermenter
VOC standards from immediate compliance upon promulgation of the rule
to 1 year after the effective date of this rule. The EPA has clarified
language in 40 CFR 63.2181(c)(4) through (7) describing facilities'
reporting obligations under each of the three options for demonstrating
compliance. The language, as finalized, allows facilities transitioning
between compliance demonstration using the 98-Percent Option and the
Average Option to report compliance in a semi-annual compliance report
under different approaches for different 12-month calculation periods,
as appropriate. This allows existing facilities the ability to continue
to demonstrate compliance using the 98-Percent Option for all 12-month
calculation periods that end before or on the compliance date for this
amendment. For example, if the effective date of this final rule is
October 31, 2017, then the compliance date for this amendment would be
October 31, 2018. If an existing facility was scheduled to submit a
semiannual compliance report by January 31, 2019, for the reporting
period covering July 1, 2018, through December 31, 2018; the facility
could demonstrate compliance for the 12-month calculation periods
ending on July 31, 2018, August 31, 2018, September 30, 2018, and
October 31, 2018, using the 98-Percent Option and for the 12-month
calculation periods ending on November 30, 2018, and December 31, 2018,
using the Average Option. Facilites may voluntarily choose to
demonstrate compliance using the revised form of the emission
limitations earlier, so that all of the 12-month calculation periods
ending within the semiannual compliance report demonstrate compliance
using the same form of the emission limitations. Facilities that choose
to use the Batch Option to demonstrate compliance with the emission
limitations must apply the demonstration to all batches within a
semiannual reporting period; that is, facilities cannot transition to
demonstrating compliance under the Batch Option in the middle of a
reporting period. Therefore, unless an existing facility that is
transitioning from the 98-Percent Option to the Batch Option is due to
begin a new semiannual reporting period in the month following the
compliance date for this amendment, the facility has two interim
options for demonstrating compliance. Assuming, for example purposes, a
reporting period of July 1, 2018, through December 31, 2018, and a
compliance date for the final rule on October 31, 2018; the facility
could demonstrate compliance for the entire reporting period using the
Batch Option. Alternately, the facility could demonstrate compliance
using the 98-Percent Option for 12-month calculation periods ending on
July 31, August 31, September 30, and October 31, and demonstrate
compliance for 12-month calculation periods ending on November 30 and
December 31, 2018, using the Average Option. The facility could then
begin demonstrating compliance for the January 1, 2019, through June
30, 2019, reporting period using the Batch Option. A new table, Table
7, has been added to the rule to summarize when existing and new
affected sources must comply with the different requirements for the
form of the emission limitations.
    Facilities that currently demonstrate compliance by monitoring brew
ethanol have up to 3 years after the effective date of the rule to
install CEMS, instead of the proposed 1 year. A new table, Table 8, has
been added to the rule to summarize when existing and new affected
sources must comply with the different requirements for emissions
monitoring equipment.
3. What key comments did we receive and what are our responses?
    Comment: One commenter does not support complying with the revised
form of the fermenter standards immediately upon promulgation of the
rule, and requested a minimum of 2 years to demonstrate compliance. The
commenter stated it would take time for facilities to convert to any
new methodology, especially as it relates to recordkeeping and
reporting. The commenter remarked that immediate compliance upon
issuance of a final rule is impracticable and unduly burdensome;
facilities will not know when the EPA plans to issue the final rule and
will have no understanding in advance of what the final rule will
require.
    Response: We disagree that immediate compliance would be
impracticable for certain reasons the commenter noted; specifically,
the commenter knows the final rule will be issued by October 1,

2017, due to the court-ordered deadline for this rulemaking.
Furthermore, it is not accurate to say the commenter will have ``no
understanding'' of what the final rule will require, given the nature
of notice-and-comment rulemaking. The EPA notes that the emission
limitations are simply expressed in a revised format and are not
expected to result in any changes in compliance status. However, it is
also reasonable to provide additional time to demonstrate continuous
compliance with the revised form of the emission standard for
facilities that are currently operating because it will require a
change in recordkeeping and reporting procedures. CAA section 112(i)(3)
requires that compliance dates for existing sources require compliance
with any emission standard, limitation, or regulation promulgated under
section 112 ``as expeditiously as practicable, but in no event later
than 3 years after the effective date of such standard.'' While we
believe, based on information gathered during the site visits and phone
calls conducted prior to the proposed rulemaking, that the facilities
have all of the data needed to demonstrate continuous compliance with
the amended requirements immediately, it is prudent to allow time to
train staff and establish long-term procedures for the efficient
management of this data. Therefore, the EPA has finalized amendments
allowing the facilities up to 1 year to demonstrate continuous
compliance with the revised form of the emission limitations and the
associated reporting and recordkeeping requirements. We believe that 1
year is a sufficient period of time for facilities to update
recordkeeping systems and train staff. The current emission limitations
require facilities to record the emissions from each batch in a rolling
12-month period, compare the emissions from each batch with the
standard, and count how many of the batches had emissions equal to or
lower than the limit. A facility then determines the total number of
batches that were manufactured during the rolling 12-month period and
calculates the percentage of batches in that period that met the
emission limitations. The revised form of the standard is slightly more
streamlined in that facilities simply average the emissions from each
batch produced in a given fermentation stage over the 12-month period
and compare it to the emission limitation. While this necessitates a
change in the overall calculation and reporting procedures, it does not
require significant actions such as the selection, installation, and
testing of new equipment or changes to the yeast manufacturing process
that would warrant 2 years to implement the revisions. As specified in
section III.E of this preamble to the rule, facilities must continue to
demonstrate continuous compliance with the existing emission
limitations and reporting and recordkeeping requirements during the
time it takes them to transition to the revised requirements. The
revised requirements are expected to be slightly more streamlined than
the existing requirements and there is no prohibition against
facilities from demonstrating compliance with the new form of the
emission limitations and associated reporting and recordkeeping
requirements immediately.
    Comment: Two commenters do not support having only 1 year to
install CEMS if a facility currently monitors brew ethanol. The
commenters requested a minimum of 3 years to comply to allow for the
purchase, design, testing, and installation of new CEMS equipment. The
commenters stated 3 years is consistent with the approach for sources
when the rule was originally promulgated and the EPA has authority to
allow 3 years to comply under CAA section 112(i)(3).
    Response: The EPA has finalized requirements allowing the one
existing facility that currently demonstrates compliance by monitoring
brew ethanol up to 3 years to install CEMS to demonstrate compliance.
This facility must continue to meet the performance test and operation
and maintenance requirements of 40 CFR 63.2161 and 40 CFR 63.2164
during this time. Additionally, we note that the facility must comply
with the revised form of the emission limitations at the specified time
(within 1 year), regardless of the monitoring method used.
4. What is the rationale for our final approach?
    For the reasons explained in the comment responses in section
IV.G.3 of this preamble and in the response to comments document in the
docket for this rulemaking, we are finalizing the requirements related
to the compliance dates for the demonstration of compliance with the
revised form of the fermenter VOC standards and the use of CEMS for
existing facilities with the changes described in section IV.G.2 of
this preamble. We finalized revisions in Table 7 and Table 8 to subpart
CCCC to specify the emission limitation and monitoring system
timelines. We finalized the revisions requiring immediate compliance
for the additional testing, monitoring, reporting, and recordkeeping
requirements (i.e., the removal of GC CEMS in 40 CFR 63.2163(a),
collection of all valid CEMS data from the entire batch monitoring
period in 40 CFR 63.2163(h), requirement to conduct RATA in 40 CFR
63.2163(b)(1), use of Procedure 1 of Appendix F to part 60 for VOC CEMS
in 40 CFR 63.2163(b)(3), and the electronic reporting requirements in
40 CFR 63.2181(a)), as well as with the revised SSM requirements as
proposed.

V. Summary of Cost, Environmental, and Economic Impacts and Additional
Analyses Conducted

A. What are the affected facilities?

    We anticipate that four nutritional yeast facilities currently
operating in the United States will be affected by this final rule.

B. What are the air quality impacts?

    The amendments to this subpart will have a positive impact on air
quality. While facilities will not need to install additional controls
to comply with the fermenter emission limitations, the revisions remove
the exemption that allowed up to 2 percent of the total number of
batches to be produced with no limit on emissions (i.e., the revisions
apply the emission limitations continuously). The rule revisions also
remove the exemption that allowed emissions from batches produced
during periods of malfunction, other than monitoring system
malfunctions, to be excluded when determining compliance with emission
limitations. While the air quality impact of these changes cannot
easily be quantified due to a current lack of data on the number of and
emissions from previously exempted batches, the practical effect is
that production of all batches of nutritional yeast at affected sources
will now be required to meet emission limitations. The other revisions,
which affect testing, monitoring, recordkeeping, and reporting
requirements, will ensure that emissions monitoring equipment continues
to perform as expected and provides reliable data from each facility to
be used in determining compliance. For reference, the baseline
emissions for each facility are documented in the memorandum,
``Emissions Data and Acute Risk Factor Used in Residual Risk Modeling:
Manufacturing of Nutritional Yeast Source Category,'' which is
available in the docket for this action (Docket ID. No EPA-HQ-OAR-2015-
0730-0007).

C. What are the cost impacts?

    We have estimated compliance costs for all existing sources to
perform RATA for VOC CEMS and for the single facility currently
monitoring brew ethanol to install the necessary monitoring equipment
(i.e., VOC CEMS). We estimated a total capital investment of $511,000
and an average annual cost of approximately $115,000. The details of
the cost estimates are documented in the memorandum, ``Costs for the
Manufacturing of Nutritional Yeast Source Category--Final Rule,'' which
is available in the docket for this action.

D. What are the economic impacts?

    The economic analysis conducted for this action is presented in the
memorandum, ``Economic Impact Analysis for the Manufacturing of
Nutritional Yeast Risk and Technology Review (RTR),'' which is
available in the docket for this action. The costs of this action are
associated with the installation and maintenance of CEMS at one
facility, and ongoing RATA for CEMS at all four facilities subject to
subpart CCCC. The equivalent annualized net cost of this action is
approximately $86,000 under a 3-percent discount rate, and $89,000
under a 7-percent discount rate.
    This action is projected to affect four facilities, and none of
these facilities is ultimately owned by a small entity. Of the four
facilities affected by this final action, two are ultimately owned by
the same private entity. The remaining two facilities are each
ultimately owned by different private entities. The equivalent
annualized net costs for each of the three entities range from
approximately $8,600 to $65,000 under a 3-percent discount rate, and
from approximately $8,300 to $70,000 under a 7-percent discount rate.
The equivalent annualized net compliance costs for the three entities
are all estimated to be less than 0.1 percent of sales for their
respective ultimate parent companies. Therefore, we expect that this
final action will not have a significant economic impact on the
affected entities.

E. What are the benefits?

    As discussed above, the amendments to this subpart will have
positive impacts on air quality and may improve air quality by removing
the brew ethanol monitoring option and the exemption that allowed a
portion of batches to be produced without being subject to emission
limitations. The changes to monitoring methods will increase the
reliability of emissions data collected by facilities by requiring
continued maintenance of emission monitoring systems and monitoring of
actual emission measurements at all times instead of allowing emission
estimates based on brew ethanol correlations and collection of 100
percent of valid CEMS data (instead of 75 percent). These changes will
allow regulators to clearly assess whether the standards for the
protection of public health and the environment are being met. In
particular, the demographics analysis shows that increased risk levels
are concentrated around the facility that is not currently using CEMS.
The amendments will directly benefit this population, of which 100
percent are definded as minority, by increasing the accuracy of the
emissions data that is monitored and reported (see section V.F of this
preamble). Other amendments will result in additional benefits, such as
streamlined reporting through electronic methods for owners or
operators of nutritional yeast manufacturing facilities and increased
access to emissions data by stakeholders, as described in the preamble
to the proposed rule (81 FR 95834, December 28, 2016).

F. What analysis of environmental justice did we conduct?

    To examine the potential for any environmental justice issues that
might be associated with emissions from this source category, we
performed a demographic analysis of the population close to the four
affected facilities (within 50 kilometers (km) and within 5 km). In
this analysis, we evaluated the distribution of HAP-related cancer
risks and non-cancer hazards from the four nutritional yeast
manufacturing facilities across different social, demographic, and
economic groups within the populations living near facilities
identified as having the highest risks.
    The analysis indicated that the minority population living within
50 km (1,700,000 people, of which 41 percent are minority) and within 5
km (131,567 people, of which 68 percent are minority) of the four
nutritional yeast manufacturing facilities is greater than the minority
population found nationwide (28 percent). The specific demographics of
the population within 5 and 50 km of the facilities indicate potential
disparities in certain demographic groups, including the ``African
American,'' ``Below the Poverty Level,'' and ``Over 25 and without high
school diploma'' groups.
    When examining the risk levels of those exposed to emissions from
the four nutritional yeast manufacturing facilities, we find
approximately 750 persons around one facility are exposed to a cancer
risk greater than or equal to 1-in-1 million with the highest exposure
to these individuals of less than 2-in-1 million. Of these 750 persons,
all are defined as minority. When examining the non-cancer risks
surrounding these facilities, no one is predicted to have a chronic
non-cancer TOSHI greater than 1. These findings are based on the level
of acetaldehyde emissions the facility reported to the 2011 NEI. The
facility calculated these emissions by applying acetaldehyde emissions
rates (pounds of acetaldehyde per batch) for each fermentation stage
determined from a stack test conducted in 2000. During the public
comment period, the facility performed additional testing and
determined that the acetaldehyde emissions rates during the Februray
2017 test were approximately half of the previous rates. Therefore, the
facility anticipates that future estimates of annual emissions will be
reduced. Additionally, this facility currently monitors brew ethanol to
comply with the emission limitations established in this NESHAP. The
final amendments require the facility to install CEMS to monitor
emissions. We anticipate that the use of CEMS will directly benefit
this population by increasing the accuracy of the emissions data that
are monitored and reported because the CEMS reflects batch-specific
emission characteristics that are not accounted for with the brew
ethanol correlation.
    The EPA has determined that this rule does not have
disproportionately high and adverse human health or environmental
effects on minority populations, low-income populations, and/or
indigenous peoples because the health risks based on actual emissions
are low (below 2-in-1 million), the population exposed to risks greater
than 1-in-1 million is relatively small (750 persons), and the rule
maintains or increases the level of environmental protection for all
affected populations.
    The methodology and the results of the demographic analysis are
included in the technical report, ``Risk and Technology Review--
Analysis of Socio-Economic Factors for Populations Living Near
Nutritional Yeast Manufacturing Facilities,'' which is available in the
docket for this action (Docket ID No. EPA-HQ-OAR-2015-0730-0015).

G. What analysis of children's environmental health did we conduct?

    The EPA assessed risks to infants and children as part of the
health and risk assessments, as well as the proximity analysis
conducted for this action. These analyses are documented in the

memoranda, ``Residual Risk Assessment for the Manufacturing of
Nutritional Yeast Source Category in Support of the October, 2017 Risk
and Technology Review Final Rule'' and ``Risk and Technology Review--
Analysis of Socio-Economic Factors for Populations Living Near
Nutritional Yeast Manufacturing Facilities,'' which are available in
the docket for this action.
    The results of the proximity analysis show that children 17 years
and younger as a percentage of the population in close proximity to
nutritional yeast manufacturing facilities and with an estimated cancer
risk greater than or equal to 1-in-1 million is similar to the
percentage of the national population in this age group (25 percent
versus 24 percent, respectively). The difference in the absolute number
of percentage points of the population 17 years old and younger from
the national average indicates a 1-percent over-representation near
nutritional yeast manufacturing facilities.
    Consistent with the EPA's Policy on Evaluating Health Risks to
Children,\6\ we conducted inhalation risk assessments for the
Manufacturing of Nutritional Yeast source category, considering risk to
infants and children. Children are exposed to chemicals emitted to the
atmosphere via two primary routes: Directly via inhalation or
indirectly via ingestion or dermal contact with various media that have
been contaminated with the emitted chemicals. The EPA considers the
possibility that children might be more sensitive than adults to toxic
chemicals, including chemical carcinogens. For each carcinogenic HAP
included in this assessment that has a potency estimate available, the
EPA calculated individual and population cancer risks by multiplying
the corresponding lifetime average exposure estimate by the appropriate
unit risk estimate (URE). This calculated cancer risk is defined as the
upper-bound probability of developing cancer over a 70-year period
(i.e., the assumed human lifespan) at that exposure. Because UREs for
most HAP are upper-bound estimates, actual risks at a given exposure
level may be lower than predicted, and could be zero. For the EPA's
list of carcinogenic HAP that act by a mutagenic mode-of action, we
applied the EPA's Supplemental Guidance for Assessing Susceptibility
from Early-Life Exposure to Carcinogens.\7\ This guidance has the
effect of adjusting the URE by factors of 10 (for children aged 0-1), 3
(for children aged 2-15), or 1.6 (for 70 years of exposure beginning at
birth), as needed in risk assessments. In this case, this has the
effect of increasing the estimated lifetime risks for these pollutants
by a factor of 1.6. With regard to other carcinogenic pollutants for
which early-life susceptibility data are lacking, it is the EPA's long-
standing science policy position that use of the linear low-dose
extrapolation approach (without further adjustment) provides adequate
public health conservatism in the absence of chemical-specific data
indicating differential early-life susceptibility or when the mode of
action is not mutagenicity. The basis for this methodology is also
provided in the 2005 Supplemental Guidance.
---------------------------------------------------------------------------

    \6\ Policy on Evaluating Health Risks to Children, U.S.
Environmental Protection Agency, Washington, DC. May 2014. Available
at http://www2.epa.gov/sites/production/files/2014-05/documents/1995_childrens_health_policy_statement.pdf.
    \7\ Supplemental Guidance for Assessing Susceptibility from
Early-Life Exposure to Carcinogens. Risk Assessment Forum, U.S.
Environmental Protection Agency, Washington, DC. EPA/630/R-03/003F.
March 2005. Available at http://www.epa.gov/raf/publications/pdfs/childrens_supplement_final.pdf.
---------------------------------------------------------------------------

    Unlike linear dose-response assessments for cancer, non-cancer
health hazards generally are not expressed as a probability of an
adverse occurrence. Instead, hazard of non-cancer effects is expressed
by comparing an exposure to a reference level as a ratio. The HQ is the
estimated exposure divided by a reference level (e.g., the reference
concentration, RfC). For a given HAP, exposures at or below the
reference level (HQ<=1) are not likely to cause adverse health effects.
As exposures increase above the reference level (HQs increasingly
greater than 1), the potential for adverse effects increases. For
exposures predicted to be above the RfC, the risk characterization
includes the degree of confidence ascribed to the RfC values for the
compound(s) of concern (i.e., high, medium, or low confidence) and
discusses the impact of this on possible health interpretations. The
reference levels used to determine the HQs incorporate generally
conservative uncertainty factors that account for effects in the most
susceptible populations including all life stages (e.g., infants and
children).
    The EPA concludes that the standards provide an ample margin of
safety to protect public health of all demographic groups, including
children.

VI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is a significant regulatory action that was submitted
to the Office of Management and Budget (OMB) for review. Any changes
made in response to OMB recommendations have been documented in the
docket. The EPA prepared an economic analysis of the potential costs
and benefits associated with this action. This analysis, ``Economic
Impact Analysis for the Manufacturing of Nutritional Yeast Risk and
Technology Review (RTR),'' is available in the docket for this rule.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This rule is not subject to the requirements of Executive Order
13771 because this rule results in no more than de minimis costs.

C. Paperwork Reduction Act (PRA)

    The information collection activities in this rule have been
submitted for approval to OMB under the PRA. The ICR document that the
EPA prepared has been assigned EPA ICR number 1886.03. You can find a
copy of the ICR in the docket for this rule, and it is briefly
summarized here. The information collection requirements are not
enforceable until OMB approves them.
    Concurrent to the residual risk and technology reviews for the
NESHAP, the EPA finalized amendments that change the form of the
current emission limitations, require the use of VOC CEMS, require
valid CEMS data from each hour of the batch monitoring period, require
ongoing tests to evaluate the performance of the CEMS over time,
require electronic reporting, and remove exemptions for malfunctions so
that affected facilities would be subject to the emission standards at
all times. This information collection request documents the
recordkeeping and reporting requirements and burden imposed by the
rule--both the requirements that were previously promulgated and
retained, as well as the final amendments.
    Respondents/affected entities: Manufacturers of nutritional yeast.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart CCCC).
    Estimated number of respondents: Four facilities.

    Frequency of response: Initially and semiannually.
    Total estimated burden: 1,370 hours (per year) for the responding
facilities and 175 hours (per year) for the Agency. Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $817,000 (per year), which includes $695,000
annualized capital and operation and maintenance costs for the
responding facilities and $9,500 (per year) for the Agency to comply
with all of the requirements in this NESHAP.
    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 the
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When OMB
approves this ICR, the Agency will announce that approval in the
Federal Register and publish a technical amendment to 40 CFR part 9 to
display the OMB control number for the approved information collection
activities contained in this final rule.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities.
    This action is projected to affect four facilities, and none of
these facilities is ultimately owned by a small entity. Details of the
associated analysis are presented in the memorandum, ``Economic Impact
Analysis for the Manufacturing of Nutritional Yeast Risk and Technology
Review (RTR),'' which is available in the docket for this action. At
the time of proposal for this action, there was one entity which was
assumed to be a small business for the purpose of the analysis, as the
complex ownership structure made it difficult to clearly determine the
entity's size. However, between proposal and promulgation, this entity
was sold to a company that owns other nutritional yeast manufacturing
facilities, and which is not a small business.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local, or tribal governments. The
nationwide equivalent annualized net cost of this action for affected
industrial sources is approximately $86,000 under a 3 percent discount
rate, and $89,000 under a 7 percent discount rate. Details of the
associated economic analysis are presented in the memorandum ``Economic
Impact Analysis for the Manufacturing of Nutritional Yeast Risk and
Technology Review (RTR),'' which is available in the docket for this
action.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It 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.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. No tribal facilities are known to be engaged in
the nutritional yeast manufacturing industry that would be affected by
this action. Thus, Executive Order 13175 does not apply to this action.

H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. This action's health and risk assessments are contained in
sections IV.A and V.G of this preamble.

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. The action is not related to the energy
sector nor the supply, production, or price of energy.

J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51

    This action involves technical standards that are reasonably
available and already widely used by industry. The EPA conducted a
search to identify potentially applicable voluntary consensus
standards. However, the Agency identified no available standards that
were practical for use as alternates and none were brought to our
attention in comments. Therefore, the EPA has decided to use EPA Method
25A of 40 CFR part 60, appendix A (Method) and EPA/600/R-12/531, EPA
Traceability Protocol for Assay and Certification of Gaseous
Calibration Standards (Protocol). The Method is used to determine total
gaseous organic concentration using a flame ionization analyzer. More
information about the Method is available at: https://www.epa.gov/emc/method-25a-gaseous-organic-concentration-flame-ionization. The Protocol
is used to certify calibration gases for continuous emission monitors
and specifies methods for assaying gases and establishing traceability
to National Institute of Standards and Technology reference standards.
The Protocol and associated information is available at: https://www.epa.gov/air-research/epa-traceability-protocol-assay-and-certification-gaseous-calibration-standards.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (58 FR 7629, February 16, 1994).
    The documentation for this decision is contained in the proposal
(81 FR 95824, December 28, 2016), section V.F of this preamble, and the
technical report, ``Risk and Technology Review--Analysis of Socio-
Economic Factors for Populations Living Near Nutritional Yeast
Manufacturing Facilities,'' which is available in the docket for this
action (Docket ID No. EPA-HQ-OAR-2015-0730-0015).

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedures,
Air pollution control, Hazardous substances, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.

    Dated: September 29, 2017.
E. Scott Pruitt,
Administrator.
    For the reasons set forth in the preamble, the Environmental
Protection Agency amends 40 CFR part 63 as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES

0
1. The authority citation for part 63 continues to read as follows:

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

0
2. Section 63.14 is amended by redesignating paragraphs (m)(5) through
(m)(23) as (m)(6) through (m)(24), respectively; and adding a new
paragraph (m)(5) to read as follows:

Sec.  63.14   Incorporations by reference.

* * * * *
    (m) * * *
    (5) EPA/600/R-12/531, EPA Traceability Protocol for Assay and
Certification of Gaseous Calibration Standards, May 2012, IBR approved
for Sec.  63.2163(b).
* * * * *

0
3. Part 63 is amended by revising subpart CCCC to read as follows:
Subpart CCCC--National Emission Standards for Hazardous Air Pollutants:
Manufacturing of Nutritional Yeast

What This Subpart Covers

Sec.
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 if I
monitor brew ethanol?
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?

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 If You Monitor Brew Ethanol
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
Table 7 to Subpart CCCC of Part 63--Emission Limitation
Applicability Timeline
Table 8 to Subpart CCCC of Part 63--Monitoring System Requirements
Timeline

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

What This Subpart Covers

Sec.  63.2130   What is the purpose of this subpart?

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

Sec.  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 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]

Sec.  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 fermentation vessels
(fermenters), as described in paragraph (c) of this section. 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) and (2) of this section.
    (1) The fermenters are ``fed-batch'' as defined in Sec.  63.2192.
    (2) The fermenters are used to support one of the last three
fermentation stages in a production run (i.e., third-to-last stage,
second-to-last stage, and last stage), 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 (as defined in
Sec.  63.2192) fermentation, and they do not apply to any operations
after the last dewatering operation, such as filtration.
    (e) The emission limitations in Table 1 to this subpart do not
apply to fermenters during the production of specialty yeast (defined
in Sec.  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 Sec.  63.2131 at the time you
commenced construction.
    (g) An affected source is ``reconstructed'' if it meets the
criteria for reconstruction as defined in Sec.  63.2.
    (h) An affected source is ``existing'' if it is not new or
reconstructed.

Sec.  63.2133  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source, then you
must comply with paragraph (a)(1) or (2) of this section.
    (1) If you start up your affected source before May 21, 2001, then
you must comply with this subpart no later than May 21, 2001.
    (2) If you start up your affected source on or after May 21, 2001,
then you must comply with this subpart upon startup of your affected
source.
    (b) If you have an existing affected source, then you must comply
with this subpart 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, then
paragraphs (c)(1) and (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 affected source must be in compliance
with this subpart by no later than 1 year after it becomes a major
source.
    (d) You must meet the notification requirements in Sec.  63.2180
according to the schedule in Sec.  63.2180 and in subpart A of this
part.

Emission Limitations

Sec.  63.2140   What emission limitations must I meet?

    You must meet the applicable emission limitations in Table 1 to
this subpart, according to the timeline provided in Table 7 to this
subpart.

General Compliance Requirements

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

    (a) You must be in compliance with the applicable emission
limitations in Table 1 to this subpart at all times, and demonstrate
compliance according to paragraphs (a)(1) through (3) of this section.
    (1) To demonstrate compliance with emission limitations by using
the 98-Percent Option, you must follow the procedures of Sec.
63.2171(b).
    (2) To demonstrate compliance with emission limitations by using
the Average Option, you must follow the procedures of Sec.  63.2171(c).
    (3) To demonstrate compliance with emission limitations by using
the Batch Option, you must follow the procedures of Sec.  63.2171(d).
    (b) You must monitor VOC concentration continuously for each batch
by using the applicable monitoring method in Table 8 to this subpart.
    (c) If the date upon which you must demonstrate initial compliance
as specified in Sec.  63.2160 falls after the compliance date specified
for your affected source in Sec.  63.2133, then you must maintain a log
detailing the operation and maintenance of the continuous emission
monitoring systems and the process and emissions control equipment
during the period between those dates.
    (d) At all times, you must operate and maintain any affected
source, including associated air pollution control equipment and
monitoring equipment, in a manner consistent with safety and good air
pollution control practices for minimizing emissions. The general duty
to minimize emissions does not require you to make any further efforts
to reduce emissions if levels required by the applicable standard have
been achieved. Determination of whether an affected source is operating
in compliance with operation and maintenance requirements will be based
on information available to the Administrator that may include, but is
not limited to, monitoring results, review of operation and maintenance
procedures, review of operation and maintenance records, and inspection
of the affected source.

Testing and Initial Compliance Requirements

Sec.  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 you demonstrate compliance using the Average Option, 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 affected source is the first day of the month)
after the compliance date that is specified for your affected source in
Sec.  63.2133.
    (b) For each emission limitation in Table 1 to this subpart for
which you demonstrate compliance using the Batch Option, you must
demonstrate initial compliance for the period ending June 30 or
December 31 (use whichever date is the first date following the
compliance date that is specified for your affected source in Sec.
63.2133).

Sec.  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, as specified in paragraphs (b) through (f)
of this section.
    (b) You must conduct performance tests under such conditions as the
Administrator specifies, based on representative performance of the
affected source for the period being tested, 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. You must record the
process information that is necessary to document operating conditions
during the test and include in such record an explanation to support
that such conditions represent normal operation. Upon request, you must
make available to the Administrator such records as may be necessary to
determine the conditions of performance tests.
    (1) You must conduct each performance test concurrently with brew
ethanol monitoring to establish a brew-to-exhaust correlation as
specified in paragraph (e) of this section.
    (2) For each fermentation stage, you must conduct one run of the
EPA Test Method 25A of 40 CFR part 60, appendix A-7, over the entire
length of a batch. The three fermentation stages do not have to be from
the same production run.
    (3) You must obtain your test sample at a point in the exhaust-gas
stream before you inject any dilution air. For fermenters, dilution air
is any air not needed to control fermentation.
    (4) You must record the results of the test for each fermentation
stage.
    (c) You may not conduct performance tests during periods of
malfunction.
    (d) You must collect data to correlate the brew ethanol
concentration 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 constitutes the largest percentage (by mass) of average
annual production.
    (2) You must measure brew ethanol as specified in Sec.  63.2164
concurrently 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) You must 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-7, performance test.
    (e) For each set of data that you collected under paragraphs (b)
and (d) of this section, you must perform a linear regression of brew
ethanol concentration (percent) on VOC fermenter exhaust concentration
(parts per million by volume (ppmv) measured as propane). You must
ensure the correlation between the brew ethanol concentration, as
measured by the brew ethanol monitor, and the VOC fermenter exhaust
concentration, as measured by EPA Test Method 25A of 40 CFR part 60,
appendix A-7, is linear with a correlation coefficient of at least
0.90.
    (f) You must calculate the VOC concentration in the fermenter
exhaust for each batch using the brew ethanol concentration data
according to Equation 1 of this section, and using the constants (CF
and y) calculated by the applicable linear regression performed under
paragraph (e) of this section.
[GRAPHIC] [TIFF OMITTED] TR16OC17.000

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 the brew ethanol monitor
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

Sec.  63.2162   When must I conduct subsequent performance tests if I
monitor brew ethanol?

    (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 Sec.  63.2161, you must conduct
an EPA Test Method 25A of 40 CFR part 60, appendix A-7, performance
test and establish a brew-to-exhaust correlation according to the
procedures in Table 2 to this subpart and in Sec.  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 Sec.  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 during which you demonstrate compliance using the
brew ethanol correlation developed according to Sec.  63.2161.

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

    (a) You must install and certify a CEMS that generates a single
combined response value for VOC concentration (VOC CEMS) according to
the procedures and requirements in Performance Specification 8--
Performance Specifications for Volatile Organic Compound Continuous
Emission Monitoring Systems in Stationary Sources in appendix B to part
60 of this chapter.
    (b) You must operate and maintain your VOC CEMS according to the
procedures and requirements in Procedure 1--Quality Assurance
Requirements for Gas Continuous Emission Monitoring Systems Used for
Compliance Determination in appendix F to part 60 of this chapter,
except with regard to provisions concerning relative accuracy test
audit (RATA), cylinder gas audit (CGA), and relative accuracy audit
(RAA) frequencies; out of control period definition; and CEMS data
status during out of control periods; which are instead specified in
this paragraph for frequencies; and Sec.  63.8(c)(7) for the definition
of and status of CEMS data during out of control periods.
    (1) You must conduct a RATA at least once every 12 calendar
quarters, in accordance with sections 8 and 11, as applicable, of
Performance Specification 8.
    (2) You must conduct a CGA or RAA in the calendar quarters during
which a RATA is not conducted, but in no more than 11 quarters in
succession.
    (3) As necessary, rather than relying on citation 2 of Procedure 1
of appendix F to 40 CFR part 60, you must rely on EPA/600/R-12/531
(incorporated by reference, see Sec.  63.14).
    (4) Your affected source must meet the criteria of Performance
Specification 8, section 13.2.
    (c) You must use Method 25A in appendix A-7 to part 60 of this
chapter as the Reference Method.
    (d) You must calibrate your VOC CEMS with propane.
    (e) You must set your VOC CEMS span at less than 5 times the
relevant VOC emission limitation given in Table 1 of this subpart. Note
that the EPA considers 1.5 to 2.5 times the relevant VOC emission
limitation to be the optimum range, in general.
    (f) You must complete the performance evaluation and submit the
performance evaluation report before the compliance date that is
specified for your affected source in Sec.  63.2133.
    (g) You must monitor VOC concentration in fermenter exhaust at any
point prior to dilution of the exhaust stream.
    (h) You must collect data using the VOC CEMS at all times during
each batch monitoring period, except for periods of monitoring system
malfunctions, required monitoring system quality assurance or quality
control activities (including, as applicable, calibration checks and
required zero and span adjustments), and any scheduled maintenance.
    (i) For each CEMS, you must 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 Performance
Specification of 40 CFR part 60, appendix B. You must adjust the zero
(low-level) and high-level calibration drifts, at a minimum, whenever
the zero (low-level) drift exceeds 2 times the limits of the applicable
Performance Specification. You must perform the calibration drift
checks at least once daily except 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, then 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 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 you
may reduce the frequency of calibration drift checks 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, then you must
resume a frequency of at least 24-hour interval calibration checks
until the 24-hour calibration checks meet the test of paragraph (j)(2)
of this section.

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

    (a) You must install, operate, and maintain each brew ethanol
monitor according to the manufacturer's specifications and in
accordance with Sec.  63.2150(d).
    (b) Each of your brew ethanol monitors 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) You must reduce the brew ethanol monitor data 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 must consist of
at least one data point representing a 30-minute period.
    (d) You must have valid brew ethanol monitor data from all
operating hours over the entire batch monitoring period.
    (e) You must set the brew ethanol monitor span to correspond to not
greater than 5 times the relevant emission limitation; note that we
consider 1.5 to 2.5 times the relevant emission limitation to be the
optimum range, in general. You must use the brew-to-exhaust correlation
equation established under Sec.  63.2161(f) to determine the span value
for your brew ethanol monitor that corresponds to the relevant emission
limitation.
    (f) For each brew ethanol monitor, you must record the results of
each inspection, calibration, and validation check.
    (g) The gas chromatograph (GC) that you use to calibrate your brew
ethanol monitor must meet the requirements of paragraphs (g)(1) through
(3) of this section.
    (1) You must 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, you must 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, you must dry the ethanol by
adding a small amount of anhydrous magnesium sulfate (granular) to 15-
20 milliliters (ml) of ethanol.
    (ii) You must place approximately 50 ml of water into a 100-ml
volumetric flask and place the flask on a balance. You must tare the
balance. You must weigh 2.3670 grams of the dry (anhydrous) ethanol
into the volumetric flask.
    (iii) You must add the 100-ml volumetric flask contents to a 1000-
ml volumetric flask. You must rinse the 100-ml volumetric flask with
water into the 1000-ml flask. You must bring the volume to 1000 ml with
water.
    (iv) You must place an aliquot into a sample bottle labeled ``0.3%
Ethanol.''
    (v) You must fill a 50-ml volumetric flask from the contents of the
1000-ml flask. You must 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. You must bring the volume to 100 ml with water. You
must place the contents into a sample bottle labeled ``0.15% Ethanol.''
    (vi) With a 10-ml volumetric pipette, you must add two 10.0-ml
volumes of water to a sample bottle labeled ``0.05% Ethanol.'' With a
10.0-ml volumetric pipette, you must 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, you must 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[supreg] seal. You may keep refrigerated samples unopened for 1
month. You must prepare new calibration standards of ethanol in water
at least monthly.
    (h) You must calibrate the brew ethanol monitor according to
paragraphs (h)(1) through (3) of this section.
    (1) To calibrate the brew ethanol monitor, you must inject a brew
sample into a calibrated GC and compare the simultaneous ethanol value
given by the brew ethanol monitor to that given by the GC. You must use
either the Porapak[supreg] Q, 80-100 mesh, 6' x \1/8\'', stainless
steel packed column; or the DB Wax, 0.53 millimeter x 30 meter
capillary column.
    (2) If a brew ethanol monitor value for ethanol differs by 20
percent or more from the corresponding GC ethanol value, you must
determine the brew ethanol values throughout the rest of the batch
monitoring period by injecting brew samples into the GC not less
frequently than once every 30 minutes. From the time at which you
detect a difference of 20 percent or more until the batch monitoring
period ends, the GC data will serve as the brew ethanol monitor data.
    (3) You must perform a calibration of the brew ethanol monitor at
least four times per batch.

Sec.  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 in Table 1 to this subpart that applies to you according to
the methods in 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 Sec.  63.2180(f).

Continuous Compliance Requirements

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

    (a) You must monitor and collect data according to this section and
Sec.  63.2163 or Sec.  63.2164.
    (b) Except for periods of monitoring system malfunctions, required
monitoring system quality assurance or control activities (including,
as applicable, calibration checks and required zero and span
adjustments), and any scheduled maintenance, you must collect data
using the CEMS or brew ethanol monitor, as applicable, at all times
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 data collection requirement. You must
use all the data collected during all other periods in assessing the
operation of the control system.
    (d) Any hour during the batch monitoring period for which quality-
assured VOC CEMS data or brew ethanol monitor data, as applicable, are
not obtained is a deviation from monitoring requirements and is counted
as an hour of monitoring system downtime.

Sec.  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
the methods specified in Table 4 to this subpart and the applicable
procedures of this section.
    (b) To demonstrate compliance with emission limitations by using
the 98-Percent Option, you must calculate the percentage of within-
concentration batches (as defined in Sec.  63.2192) for each 12-month
calculation period by following the procedures in this paragraph and
paragraphs (e)(1) and (2) of this section. At the end of each calendar
month, you must determine the percentage of batches that were in
compliance with the applicable maximum concentration in the 12-month
calculation period. The total number of batches in the calculation
period is the sum of the numbers of batches of each fermentation stage
for which emission limitations apply. To determine which batches are in
the 12-month calculation period, you must include those batches for
which the batch monitoring period ended at or after midnight on the
first day of the period and exclude those batches for which the batch
monitoring period did not end before midnight on the last day of the
period.
    (c) To demonstrate compliance with emission limitations by using
the Average Option, you must follow the procedures in this paragraph
and paragraphs (e)(1) and (2) of this section. At the end of each
calendar month, you must determine the average VOC concentration from
all batches in each fermentation stage in a 12-month calculation
period. To determine which batches are in a 12-month calculation
period, you must include those batches for which the batch monitoring
period ended at or after midnight on the first day of the period and
exclude those batches for which the batch monitoring period did not end
before midnight on the last day of the period.
    (d) To demonstrate compliance with emission limitations by using
the Batch Option, you must determine the average VOC concentration in
the fermenter exhaust for each batch of each fermentation stage in a
semiannual reporting period (i.e., January 1 through June 30 or July 1
through December 31). To determine which batches are in the semiannual
reporting period, you must include those batches for which the batch
monitoring period ended at or after midnight on the first day of the
period and exclude those batches for which the batch monitoring period
did not end before midnight on the last day of the period.
    (e) To demonstrate compliance with an emission limitation using a
12-month calculation period, you must follow the procedures in
paragraphs (e)(1) and (2) of this section.
    (1) The first 12-month calculation period begins on the compliance
date that is specified for your affected source in Sec.  63.2133 and
ends on the last day of the month that includes the date 1 year after
your compliance date, unless the compliance date for your affected
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.
    (2) The second 12-month calculation period and each subsequent 12-
month calculation period begins on the first day of the month following
the first full month of the previous 12-month calculation period and
ends on the last day of the month 11 calendar months later.

Notification, Reports, and Records

Sec.  63.2180   What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec.  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 Sec.
63.9(b)(2).
    (c) If you are required to conduct a performance test as specified
in Sec.  63.2161 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 Sec.
63.7(b)(1).
    (d) If you are required to conduct a performance evaluation as
specified in Sec.  63.2163, 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 Sec.
63.8(e)(2).
    (e) If you are required to conduct a performance test as specified
in Table 2 to this subpart, you must submit a Notification of
Compliance Status according to Sec.  63.9(h)(2)(ii).
    (f) For each initial compliance demonstration required in Table 3
to this subpart, you must submit the Notification of Compliance Status
no later than July 31 or January 31, whichever date follows the initial
compliance period that is specified for your affected source in Sec.
63.2160(a) or (b). The first compliance report, described in Sec.
63.2181(b)(1), serves as the Notification of Compliance Status.

Sec.  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.
    (1) On and after October 16, 2017, you must also comply with
reporting for performance tests or for performance evaluations as
specified in paragraphs (a)(1)(i) and (ii) of this section.
    (i) Within 60 days after the date of completing each performance
test as required by this subpart, you must submit the results of the
performance test following the procedures specified in paragraphs
(a)(1)(i)(A) through (C) of this section.
    (A) For data collected using test methods supported by the EPA's
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test, you must submit the
results of the performance test to the EPA via the Compliance and
Emissions Data Reporting Interface (CEDRI). (CEDRI can be accessed
through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/).)
Performance test data must be submitted in a file format generated
through the use of the EPA's ERT or an alternate electronic file format
consistent with the extensible markup language (XML) schema listed on
the EPA's ERT Web site.
    (B) For data collected using test methods that are not supported by
the EPA's ERT as listed on the EPA's ERT Web site at the time of the
test, you must submit the results of the performance test to the
Administrator at the appropriate address listed in Sec.  63.13, unless
the Administrator agrees to or specifies an alternate reporting method.
    (C) If you claim that some of the performance test information
being submitted under paragraph (a)(1)(i)(A) of this section is
confidential business information (CBI), you must submit a complete
file generated through the use of the EPA's ERT or an alternate
electronic file consistent with the XML schema listed on the EPA's ERT
Web site, including information claimed to be CBI, on a compact disc,
flash drive, or other commonly used electronic storage media to the
EPA. The electronic media must be clearly marked as CBI and mailed to
U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement
Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same
ERT or alternate file with the CBI omitted must be submitted to the EPA
via the EPA's CDX as described in paragraph (a)(1)(i)(A) of this
section.

    (ii) Within 60 days after the date of completing each continuous
monitoring system performance evaluation (as defined in Sec.  63.2),
you must submit the results of the performance evaluation following the
procedures specified in paragraphs (a)(1)(ii)(A) through (C) of this
section.
    (A) For performance evaluations of continuous monitoring systems
measuring RATA pollutants that are supported by the EPA's ERT as listed
on the EPA's ERT Web site at the time of the evaluation, you must
submit the results of the performance evaluation to the EPA via the
CEDRI. Performance evaluation data must be submitted in a file format
generated through the use of the EPA's ERT or an alternate file format
consistent with the XML schema listed on the EPA's ERT Web site.
    (B) For any performance evaluations of continuous monitoring
systems measuring RATA pollutants that are not supported by the EPA's
ERT as listed on the EPA's ERT Web site at the time of the evaluation,
you must submit the results of the performance evaluation to the
Administrator at the appropriate address listed in Sec.  63.13, unless
the Administrator agrees to or specifies an alternate reporting method.
    (C) If you claim that some of the performance evaluation
information being submitted is CBI, then you must submit a complete
file generated through the use of the EPA's ERT or an alternate
electronic file consistent with the XML schema listed on the EPA's ERT
Web site, including information claimed to be CBI, on a compact disc,
flash drive or other commonly used electronic storage media to the EPA.
The electronic storage media must be clearly marked as CBI and mailed
to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement
Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same
ERT or alternate file with the CBI omitted must be submitted to the EPA
via the EPA's CDX as described earlier in this paragraph.
    (b) Unless the Administrator has approved a different schedule for
submission of reports under Sec.  63.10(a), you must submit each report
according to the schedule in Table 5 to this subpart and according to
paragraphs (b)(1) through (5) of this section.
    (1) The first compliance report must include the information
specified in paragraph (c) of this section. If you are demonstrating
compliance with an emission limitation using a 12-month calculation
period (e.g., the Average Option), then the first compliance report
must cover the period beginning on the compliance date that is
specified for your affected source in Sec.  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 affected source in Sec.  63.2133). If
you are demonstrating compliance with an emission limitation using the
Batch Option, then the first compliance report must cover the period
beginning on the compliance date that is specified for your affected
source in Sec.  63.2133 and ending on either June 30 or December 31
(use whichever date is the first date following the compliance date
that is specified for your affected source in Sec.  63.2133).
    (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 compliance reporting period specified in paragraph (b)(1) of this
section.
    (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 information specified in paragraph
(c) of this section.
    (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)(iii)(A) or 40 CFR
71.6(a)(3)(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 (8) 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) For each 12-month calculation period ending on a calendar month
that falls within a reporting period for which you are using the 98-
Percent Option to comply, the percentage of batches that are within-
concentration batches.
    (5) For each 12-month calculation period ending on a calendar month
that falls within a reporting period for which you are using the 98-
Percent Option to comply and your affected source fails to meet an
applicable standard, the information for each batch for which BAVOC
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.
    (6) For each 12-month calculation period ending on a calendar month
that falls within a reporting period for which you are using the
Average Option to comply or for any reporting period for which you are
using the Batch Option to comply, and your affected source meets an
applicable standard, the information in paragraph (c)(6)(i) or (ii) of
this section, depending on the compliance option selected from Table 1
to this subpart.
    (i) If you are using the Average Option to comply, the average
BAVOC of all batches in each fermentation stage for each 12-month
calculation period ending on a calendar month that falls within the
reporting period that did not exceed the applicable emission
limitation.
    (ii) If you are using the Batch Option to comply, a certification
that BAVOC for each batch manufactured during the reporting period did
not exceed applicable emission limitations.
    (7) For each 12-month calculation period ending on a calendar month
that falls within a reporting period for which you are using the
Average Option to comply or for any reporting period for which you are
using the Batch Option to comply and your affected source fails to meet
an applicable standard, the information in paragraph (c)(7)(i) or (ii)
of this section, depending on the compliance option selected from Table
1 to this subpart.
    (i) If you are using the Average Option to comply, the average
BAVOC of all batches in each fermentation stage for each 12-month
calculation period that failed to meet the applicable standard; the
fermenters that operated in each fermentation stage that failed to meet
the applicable standard; the duration of each failure; an estimate of
the quantity of VOC emitted over the emission limitation; a description
of the method used to estimate the emissions; and the actions taken to
minimize emissions and correct the failure.
    (ii) If you are using the Batch Option to comply, the fermenters
and batches that failed to meet the applicable standard; the date,
time, and duration of each failure; an estimate of the quantity of VOC
emitted over the emission

limitation; a description of the method used to estimate the emissions;
and the actions taken to minimize emissions and correct the failure.
    (8) The total operating hours for each fermenter, the total hours
of monitoring system operation for each CEMS or brew ethanol monitor,
and the total hours of monitoring system downtime for each CEMS or brew
ethanol monitor.

Sec.  63.2182   What records must I keep?

    (a) You must keep the records listed in paragraphs (a)(1) through
(3) of this section.
    (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 Sec.  63.10(b)(2)(xiv).
    (2) Records of failures to meet a standard, specified in Sec.
63.2181(c)(5) and (7).
    (3) Records of performance tests and performance evaluations as
required in Sec.  63.10(b)(2)(viii) and (ix).
    (b) For each affected source that monitors brew ethanol, you must
keep records demonstrating the calculation of the brew-to-exhaust
correlations specified in Sec.  63.2161.
    (c) For each CEMS and brew ethanol monitor, you must keep the
records listed in paragraphs (c)(1) through (5) of this section.
    (1) Records described in Sec.  63.10(b)(2)(vi), (vii), (x), and
(xi). The CEMS must allow the amount of excess zero (low-level) and
high-level calibration drift measured at the interval checks to be
quantified and recorded.
    (2) Records described in Sec.  63.10(c)(1) through (6).
    (3) Records of the quality control program as specified in Sec.
63.8(d), including the program of corrective action; the current
version of the performance evaluation test plan, as specified in Sec.
63.8(e)(3); and previous (i.e., superseded) versions of the performance
evaluation test plan for a period of 5 years after each revision to the
plan.
    (4) Requests for alternatives to RATA for CEMS as required in Sec.
63.8(f)(6)(i).
    (5) Records of each deviation from monitoring requirements,
including a description of the time period during which the deviation
occurred, the nature and cause of the deviation, the corrective action
taken or preventive measures adopted, and the nature of repairs or
adjustments to the monitoring system.
    (d) You must keep the records required to show continuous
compliance with each emission limitation that applies to you according
to the requirements in Table 4 to this subpart.
    (e) You must also keep the records listed in paragraphs (e)(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.

Sec.  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 Sec.  63.10(b)(1).
    (b) As specified in Sec.  63.10(b)(1), you must keep each record
for 5 years following the date of each occurrence, measurement,
maintenance, corrective action, report, or record.
    (c) You must keep each record on site for at least 2 years after
the date of each occurrence, measurement, maintenance, corrective
action, report, or record, according to Sec.  63.10(b)(1). You may keep
the records off site for the remaining 3 years.
    (d) Any records required to be maintained by this part that are
submitted electronically via the EPA's CEDRI may be maintained in
electronic format. This ability to maintain electronic copies does not
affect the requirement for facilities to make records, data, and
reports available upon request to a delegated air agency or the EPA as
part of an on-site compliance evaluation.
    (e) You must keep written procedures documenting the CEMS quality
control program on record for the life of the affected source or until
the affected source is no longer subject to the provisions of this
part, to be made available for inspection, upon request, by the
Administrator.

Other Requirements and Information

Sec.  63.2190   What parts of the General Provisions apply to me?

    Table 6 to this subpart shows which parts of the General Provisions
in Sec. Sec.  63.1 through 63.15 apply to you.

Sec.  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 Sec.  63.2140 under Sec.  63.6(g).
    (2) Approval of major alternatives to test methods under Sec.
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (3) Approval of major alternatives to monitoring under Sec.
63.8(f) and as defined in Sec.  63.90.
    (4) Approval of major alternatives to recordkeeping and reporting
under Sec.  63.10(f) and as defined in Sec.  63.90.

Sec.  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 (Sec. Sec.  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
----------------------------------------------------------------------------------------------------------------
                                        98-percent option: You    Average option: You     Batch option: You must
                                         must not exceed the      must not exceed the         not exceed the
     For each fed-batch fermenter       following VOC emission   following VOC emission   following VOC emission
   producing yeast in the following         limitation \a\           limitation \a\           limitation \a\
       fermentation stage . . .            according to the         according to the         according to the
                                        timeline in Table 7 to   timeline in Table 7 to   timeline in Table 7 to
                                          this subpart . . .       this subpart . . .       this subpart . . .
----------------------------------------------------------------------------------------------------------------
Last stage...........................  100 ppmv (measured as    95 ppmv (measured as     100 ppmv (measured as
                                        propane) for BAVOC for   propane) for the         propane) for BAVOC for
                                        at least 98 percent of   average BAVOC of all     each batch.
                                        all batches in each 12-  batches in this stage
                                        month calculation        in each 12-month
                                        period described in      calculation period
                                        Sec.   63.2171(b) and    described in Sec.
                                        (e).                     63.2171(c) and (e).
Second-to-last stage.................  200 ppmv (measured as    190 ppmv (measured as    200 ppmv (measured as
                                        propane) for BAVOC for   propane) for the         propane) for BAVOC for
                                        at least 98 percent of   average BAVOC of all     each batch.
                                        all batches in each 12-  batches in this stage
                                        month calculation        in each 12-month
                                        period described in      calculation period
                                        Sec.   63.2171(b) and    described in Sec.
                                        (e).                     63.2171(c) and (e).
Third-to-last stage..................  300 ppmv (measured as    285 ppmv (measured as    300 ppmv (measured as
                                        propane) for BAVOC for   propane) for the         propane) for BAVOC for
                                        at least 98 percent of   average BAVOC of all     each batch.
                                        all batches in each 12-  batches in this stage
                                        month calculation        in each 12-month
                                        period described in      calculation period
                                        Sec.   63.2171(b) and    described in Sec.
                                        (e).                     63.2171(c) and (e).
----------------------------------------------------------------------------------------------------------------
\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                              According to the
    concentration in the           Using . . .            following
 fermenter exhaust according                         requirements . . .
  to the procedures in Sec.
   63.2161, you must . . .

------------------------------------------------------------------------
Measure VOC as propane......  Method 25A,\a\ or an  You must measure the
                               alternative           VOC concentration
                               validated by EPA      in the fermenter
                               Method 301 \b\ and    exhaust at any
                               approved by the       point prior to the
                               Administrator.        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
------------------------------------------------------------------------
                               Average option: You    Batch option: You
                                have demonstrated     have demonstrated
          For . . .            initial compliance    initial compliance
                                    if . . .              if . . .
------------------------------------------------------------------------
Each fed-batch fermenter      The average BAVOC of  BAVOC for each batch
 producing yeast in a          all batches in each   of each
 fermentation stage (last,     fermentation stage    fermentation stage
 second-to-last, or third-to-  during the initial    during the initial
 last) for which compliance    compliance period     compliance period
 is determined by monitoring   described in Sec.     described in Sec.
 VOC concentration in the      63.2160(a) does not   63.2160(b) does not
 fermenter exhaust.            exceed the            exceed the
                               applicable            applicable
                               concentration in      concentration in
                               Table 1 to this       Table 1 to this
                               subpart.              subpart.
------------------------------------------------------------------------

               Table 4 to Subpart CCCC of Part 63--Continuous Compliance With Emission Limitations
----------------------------------------------------------------------------------------------------------------
                                        98-percent option: You    Average option: You
                                           must demonstrate         must demonstrate      Batch option: You must
              For . . .                 continuous compliance    continuous compliance    demonstrate continuous
                                               by . . .                 by . . .           compliance by . . .
----------------------------------------------------------------------------------------------------------------
1. Each fed-batch fermenter producing  Showing that BAVOC for   Showing that the         Showing that BAVOC for
 yeast in a fermentation stage (last,   at least 98 percent of   average BAVOC of all     each batch within a
 second-to-last, or third-to-last)      the batches for each     batches in each          semiannual reporting
 for which compliance is determined     12-month calculation     fermentation stage       period described in
 by monitoring VOC concentration in     period ending within a   during each 12-month     Sec.   63.2181(b)(3)
 the fermenter exhaust.                 semiannual reporting     calculation period       does not exceed the
2. Each fed-batch fermenter producing   period described in      ending within a          applicable
 yeast in a fermentation stage (last,   Sec.   63.2181(b)(3)     semiannual reporting     concentration in Table
 second-to-last, or third-to-last)      does not exceed the      period described in      1 to this subpart.
 for which compliance is determined     applicable maximum       Sec.   63.2181(b)(3)
 by monitoring brew ethanol             concentration in Table   does not exceed the
 concentration and calculating VOC      1 to this subpart.       applicable
 concentration in the fermenter                                  concentration in Table
 exhaust according to the procedures                             1 to this subpart.
 in Sec.   63.2161 \a\.
----------------------------------------------------------------------------------------------------------------
\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
------------------------------------------------------------------------
                                 The report must     You must submit the
   You must submit a . . .        contain . . .         report . . .
------------------------------------------------------------------------
1. Compliance report........  a. The information    Semiannually
                               described in Sec.     according to the
                               63.2181(c), as        requirements in
                               appropriate.          Sec.   63.2181(b).
                              b. If you fail to     Semiannually
                               meet an applicable    according to the
                               standard during the   requirements in
                               reporting period,     Sec.   63.2181(b).
                               then the compliance
                               report must include
                               the information in
                               Sec.
                               63.2181(c)(5) or
                               (7).
2. Performance test report..  The results of the    At least once every
                               performance test,     365 calendar days
                               including the         and according to
                               information           the requirements in
                               described in Sec.     Sec.
                               63.7(g).              63.2181(a)(1)(i).
3. Performance evaluation     The results of the    At least once every
 report.                       performance           twelve calendar
                               evaluation,           quarters and
                               including             according to the
                               information from      requirements in
                               the performance       Sec.  Sec.
                               evaluation plan at    63.2163(f) and
                               Sec.   63.8(e)(3).    63.2181(a)(1)(ii).
------------------------------------------------------------------------

 Table 6 to Subpart CCCC of Part 63--Applicability of General Provisions
                             to Subpart CCCC
------------------------------------------------------------------------
                                                  Applicable to subpart
         Citation                Subject                  CCCC?
------------------------------------------------------------------------
Sec.   63.1..............  Applicability......  Yes.
Sec.   63.2..............  Definitions........  Yes.
Sec.   63.3..............  Units and            Yes.
                            Abbreviations.
Sec.   63.4..............  Prohibited           Yes.
                            Activities and
                            Circumvention.
Sec.   63.5..............  Construction and     Yes.
                            Reconstruction.
Sec.   63.6..............  Compliance With      1. Sec.   63.6(e)(1)(i)
                            Standards and        does not apply, instead
                            Maintenance          specified in Sec.
                            Requirements.        63.2150(d).
                                                2. Sec.
                                                 63.6(e)(1)(ii), (e)(3),
                                                 (f)(1), and (h) do not
                                                 apply.
                                                3. Otherwise, all apply.
Sec.   63.7..............  Performance Testing  1. Sec.   63.7(a)(1) and
                            Requirements.        (2) do not apply,
                                                 instead specified in
                                                 Sec.   63.2162.
                                                2. Sec.   63.7(e)(1) and
                                                 (e)(3) do not apply,
                                                 instead specified in
                                                 Sec.   63.2161(b).
                                                3. Otherwise, all apply.
Sec.   63.8..............  Monitoring           1. Sec.   63.8(a)(2) is
                            Requirements.        modified by Sec.
                                                 63.2163.
                                                2. Sec.   63.8(d)(3) is
                                                 modified by Sec.
                                                 63.2182(c)(3) and Sec.
                                                  63.2183(e).
                                                3. Sec.   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. Sec.   63.8(c)(6),
                                                 (c)(8), (e)(4), (g)(1),
                                                 and (g)(3) do not
                                                 apply, instead
                                                 specified in Sec.  Sec.
                                                   63.2163(b) and (j),
                                                 63.2164(c), and
                                                 63.2182(c)(1) and (5).
                                                5. Otherwise, all apply.
Sec.   63.9..............  Notification         1. Sec.   63.9(b)(2)
                            Requirements.        does not apply because
                                                 rule omits requirements
                                                 for initial
                                                 notification for
                                                 affected sources that
                                                 start up prior to May
                                                 21, 2001.
                                                2. Sec.   63.9(f) does
                                                 not apply.
                                                3. Otherwise, all apply.
Sec.   63.10.............  Recordkeeping and    1. Sec.
                            Reporting            63.10(b)(2)(ii) does
                            Requirements.        not apply, instead
                                                 specified in Sec.
                                                 63.2182(a)(2) and
                                                 (c)(5).
                                                2. Sec.
                                                 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. Sec.   63.10(d)(5)
                                                 does not apply, instead
                                                 specified in Sec.
                                                 63.2181(c)(5) and (7).
                                                4. Otherwise, all apply.
Sec.   63.11.............  Flares.............  No.
Sec.   63.12.............  Delegation.........  Yes.
Sec.   63.13.............  Addresses..........  Yes.

Sec.   63.14.............  Incorporation by     Yes.
                            Reference.
Sec.   63.15.............  Availability of      Yes.
                            Information.
------------------------------------------------------------------------

  Table 7 to Subpart CCCC of Part 63--Emission Limitation Applicability
                                Timeline
------------------------------------------------------------------------
                                                    You must comply with
                                                        the emission
       For each . . .           During this time    limitations in Table
                                   frame . . .        1 to this subpart
                                                       using the . . .
------------------------------------------------------------------------
Existing affected source....  Before 10/16/2017...  98-Percent Option.
                              Between 10/16/2017    98-Percent Option,
                               and October 16,       Average Option, or
                               2018.                 Batch Option.
                              On and after October  Average Option or
                               16, 2018.             Batch Option.
New or reconstructed          Before 10/16/2017...  98-Percent Option.
 affected source that you     Between 10/16/2017    98-Percent Option,
 start up prior to 10/16/      and October 16,       Average Option, or
 2017.                         2018.                 Batch Option.
                              On and after October  Average Option or
                               16, 2018.             Batch Option.
New or reconstructed          After 10/16/2017....  Average Option or
 affected source that you                            Batch Option.
 start up after 10/16/2017.
------------------------------------------------------------------------

   Table 8 to Subpart CCCC of Part 63--Monitoring System Requirements
                                Timeline
------------------------------------------------------------------------
                                                    You must monitor VOC
       For each . . .           During this time    concentration by . .
                                   frame . . .                .
------------------------------------------------------------------------
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    Monitoring fermenter
                               and October 16,       exhaust using a VOC
                               2020.                 CEMS or by
                                                     monitoring brew
                                                     ethanol
                                                     concentration using
                                                     a brew ethanol
                                                     monitor.
                              On and after October  Monitoring fermenter
                               16, 2020.             exhaust using a VOC
                                                     CEMS.
New or reconstructed          Before 10/16/2017...  Monitoring fermenter
 affected source that you                            exhaust using a
 start up prior to 10/16/                            CEMS or by
 2017.                                               monitoring brew
                                                     ethanol
                                                     concentration using
                                                     a brew ethanol
                                                     monitor.
                              Between 10/16/2017    Monitoring fermenter
                               and October 16,       exhaust using a VOC
                               2020.                 CEMS or by
                                                     monitoring brew
                                                     ethanol
                                                     concentration using
                                                     a brew ethanol
                                                     monitor.
                              On and after October  Monitoring fermenter
                               16, 2020.             exhaust using a VOC
                                                     CEMS.
New or reconstructed          After 10/16/2017....  Monitoring fermenter
 affected source that you                            exhaust using a VOC
 start up after 10/16/2017.                          CEMS.
------------------------------------------------------------------------

[FR Doc. 2017-21937 Filed 10-13-17; 8:45 am]
 BILLING CODE 6560-50-P