in that section is no longer necessary or appropriate in light of the
elimination of the SSM exemption. The EPA is proposing instead to add
general duty regulatory text at 40 CFR 63.2840(g) to reflect the
general duty to minimize emissions while eliminating the reference to
periods covered by an SSM exemption. The current language in 40 CFR
63.6(e)(1)(i) characterizes what the general duty entails during
periods of SSM. With the elimination of the SSM exemption, there is no
need to differentiate between normal operations, startup, and shutdown,
and malfunction events in describing the general duty. Therefore, the
language the EPA is proposing for 40 CFR 63.2840(g) does not include
that language from 40 CFR 63.6(e)(1).
    The EPA is also proposing to revise the General Provisions
Applicability Table (Table 1 of 40 CFR 63.2870) entry for 40 CFR
63.6(e)(1)(ii) by changing the ``Yes'' in column 4 to a ``No.'' Section
63.6(e)(1)(ii) imposes requirements that are not necessary with the
elimination of the SSM exemption or are redundant with the general duty
requirement being added at 40 CFR 63.2840(g).
b. SSM Plan
    The EPA is proposing to revise the General Provisions Applicability
Table (Table 1 of section 63.2870) entries for 40 CFR 63.6(e)(3)(i)
through (e)(3)(ii), 40 CFR 63.6(e)(3)(v) through (vii), and 40 CFR
63.6(e)(3)(viii) and (ix) by changing the ``Yes'' in column 4 to a
``No.'' The EPA is also proposing to revise 40 CFR 63.2852, which
cross-references the requirements of 40 CFR 63.6(e)(3). Generally,
these paragraphs require development of an SSM plan and specify SSM
recordkeeping and reporting requirements related to the SSM plan. As
noted, the EPA is proposing to remove the SSM exemptions. Therefore,
affected units will be subject to an emission standard during such
events. The applicability of a standard during such events will ensure
that sources have ample incentive to plan for and achieve compliance
and, thus, the SSM plan requirements are no longer necessary.
c. Compliance With Standards
    The EPA is proposing to revise the General Provisions Applicability
Table (Table 1 of section 63.2870) entry for 40 CFR 63.6(f)(1) by
revising the text in column 4 and removing the text in column 5. The
current language in column 4 states that 40 CFR 63.6(f)(1) does not
apply and column 5 states that the ``Subpart GGGG does not have
nonopacity requirements.'' This appears to be an error in the final
rule, because 40 CFR part 63, subpart GGGG, includes non-opacity
requirements. The current language of 40 CFR 63.6(f)(1) exempts sources
from non-opacity standards during periods of SSM. As discussed above,
the Court in Sierra Club vacated the exemptions contained in this
provision and held that the CAA requires that some CAA section 112
standards apply continuously. Consistent with Sierra Club, the EPA is
proposing to revise standards in this rule to apply at all times.
Therefore, the EPA is revising the text in columns 4 and 5 to clarify
that the SSM exemption previously applied but will not apply going
forward.
d. 40 CFR 63.2853 Performance Testing
    The EPA is proposing to revise the General Provisions Applicability
Table (Table 1 of 40 CFR 63.2870) entry for 40 CFR 63.7(e)(1) by
changing the ``Yes'' in column 4 to a ``No.'' The General Provisions in
40 CFR 63.7(e)(1)

describes performance testing requirements. The EPA is instead
proposing to add a performance testing requirement at 40 CFR
63.2853(a)(5)(i)(A). The performance testing requirements the EPA is
proposing to add differ from the General Provisions performance testing
provisions in several respects. The regulatory text does not include
the language in 40 CFR 63.7(e)(1) that restated the SSM exemption and
language that precluded startup and shutdown periods from being
considered ``representative'' for purposes of performance testing. The
proposed performance testing provisions do not allow performance
testing during startup or shutdown. As in 40 CFR 63.7(e)(1),
performance tests conducted under 40 CFR part 63, subpart GGGG, should
not be conducted during malfunctions because conditions during
malfunctions are often not representative of normal operating
conditions. The EPA is proposing to add language in 40 CFR
63.2853(a)(5)(i)(A) that requires the owner or operator to 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. The General Provisions
in 40 CFR 63.7(e) require that the owner or operator make available to
the Administrator such records ``as may be necessary to determine the
condition of the performance test'' available to the Administrator upon
request, but does not specifically identify the information to be
recorded. The regulatory text the EPA is proposing to add to this
provision builds on that requirement and makes explicit the requirement
to record the information.
e. 40 CFR 63.2862 Recordkeeping
    The EPA is proposing to revise the General Provisions Applicability
Table (Table 1 of 40 CFR 63.2870) entry for 40 CFR 63.10(b)(2)(i) by
changing the ``Yes'' in column 4 to a ``No.'' The requirements of 40
CFR 63.10(b)(2)(i) describe the recordkeeping requirements during
startup and shutdown. The EPA is instead proposing to add recordkeeping
requirements to 40 CFR 63.2862(f). When a source is subject to a
different standard during initial startup, it will be important to know
when such initial startup periods begin and end in order to determine
compliance with the appropriate standard. Thus, the EPA is proposing to
add language to 40 CFR 63.2862(f) requiring that owners or operators of
sources subject to a work practice standard during initial startup
times must report a description and dates of the initial startup
period, the reason it qualifies as an initial startup period, an
estimate of the solvent loss in gallons for the duration of the initial
startup, and the nominal design rate and operating rate of the
extractor or the permitted and actual production rates for the duration
of the initial startup period. The EPA is also proposing that sources
would be required to record information supporting the work practice
standards, including: (1) Measured temperature and pressure for
desolventizing and oil distillation units, (2) an indication that the
mineral oil absorpotion system was operating at all times, and (3) an
indication that the solvent condensers were operating at all times. The
proposed records are required to demonstrate that the work practice
standards have been met for periods of initial startup.
    The EPA is proposing to revise the General Provisions Applicability
Table (Table 1 of 40 CFR 63.2870) entry for 40 CFR 63.10(b)(2)(ii) by
changing the ``Yes'' in column 4 to a ``No.'' The General Provisions in
40 CFR 63.10(b)(2)(ii) describe the recordkeeping requirements during a
malfunction. The EPA is proposing to tailor recordkeeping requirements
during a malfunction in 40 CFR 63.2862(g). Instead of requiring source
owners or operators to create and retain a record of the ``occurrence
and duration of each malfunction'' of process, air pollution control,
and monitoring equipment, the rule proposes that this requirement apply
to any ``failure to meet an applicable standard'' (including the work
practice standard) and the source owners or operators must record the
date, time, and duration of the ``failure'' rather than the
``occurrence.''
    The EPA is also proposing to add to 40 CFR 63.2862(g) a requirement
that source owners or operators keep records that include a statement
of the cause of each deviation (including unknown cause, if
applicable), a list of the affected source or equipment and actions
taken to minimize emissions, an estimate of the quantity of each
regulated pollutant emitted over the standard when the standard is not
met, and a description of the method used to estimate the emissions.
Examples of such methods would include product-loss calculations, mass
balance calculations, measurements when available, or engineering
judgment based on known process parameters. The EPA is proposing to
require that source owners or operators keep records of this
information to ensure that there is adequate information to allow the
EPA to determine the severity of any failure to meet a standard, and to
provide data that may document how the general duty to minimize
emissions was met when an applicable standard was not met.
    The EPA is proposing to revise the General Provisions Applicability
Table (Table 1 of 40 CFR 63.2870) entry for 40 CFR 63.10(b)(2)(iv) by
changing the ``Yes'' in column 4 to a ``No.'' When applicable, the
provision requires source owners and operators to record actions taken
during SSM events when actions were inconsistent with their SSM plan.
The requirement would no longer be appropriate because SSM plans are no
longer proposed to be required. The requirement previously applicable
under 40 CFR 63.10(b)(2)(iv)(B) to record actions to minimize emissions
and record corrective actions is now applicable by reference to 40 CFR
63.2862(g).
    The EPA is proposing to revise the General Provisions Applicability
Table (Table 1 of 40 CFR 63.2870) entry for 40 CFR 63.10(b)(2)(v) by
changing the ``Yes'' in column 4 to a ``No.'' When applicable, the
provision requires source owners or operators to record actions taken
during SSM events to show that actions taken were consistent with their
SSM plan. The requirement would no longer be appropriate because SSM
plans would no longer be required.
f. 40 CFR 63.2861 Reporting
    The General Provisions Applicability Table (Table 1 of 40 CFR
63.2870) entry for 40 CFR 63.10(d)(5) currently refers to the reporting
requirements for startups, shutdowns, and malfunctions in 40 CFR
63.2861(c) and (d), which required periodic or immediate SSM reports
according to whether the procedures of the SSM plan were followed,
consistent with 40 CFR 63.10(d)(5)(i) and (ii). To replace the SSM
reporting requirements, the EPA is first proposing to eliminate the
periodic SSM reports in 40 CFR 63.2861(c), which were required to be
submitted at the end of each calendar month of an initial startup
period or malfunction period. The EPA is also proposing to remove the
requirement in 40 CFR 63.2861(d) to submit an immediate report for
startups, shutdown, and malfunctions when a source failed to meet an
applicable standard but did not follow the SSM plan. We will no longer
require owners and operators to report when actions taken during a
startup, shutdown, or malfunction were not consistent with an SSM plan,
because plans would no longer be required.
    The EPA is proposing that source owners or operators that fail to
meet an

applicable standard at any time must report the information concerning
such events in the deviation report already required under this rule.
The report must contain the number, date, time, duration, and the cause
of such events (including unknown cause, if applicable), a list of the
affected source or equipment, an estimate of the quantity of HAP
emitted over the emission requirements of 40 CFR 63.2840, and a
description of the method used to estimate the emissions. Examples of
such methods would include product-loss calculations, mass balance
calculations, measurements when available, or engineering judgment
based on known process parameters. The EPA is proposing this
requirement to ensure that there is adequate information to determine
compliance, to allow the EPA to determine the severity of the failure
to meet an applicable standard, and to provide data that may document
how the general duty to minimize emissions during a failure to meet an
applicable standard was met. The EPA is also proposing that source
owners or operators that fail to meet the work practice standard during
the initial startup period must include a description of the deviation
and include the records for the initial startup period in 40 CFR
63.2862(f), as described in section IV.D.1.e of this preamble.
    Finally, the EPA is proposing that source owners or operators that
choose to operate under an initial startup period according to 40 CFR
63.2850(c)(2) or (d)(2) must also provide an initial startup report.
The proposed initial startup report would require a compliance
certification indicating whether the source was in compliance with the
work practice standard of 40 CFR 63.2840(h). The EPA is proposing that
the initial report must be submitted within 30 days of the end of the
initial startup period. The proposed initial startup report would only
be submitted on a one-time basis, rather than at the end of each
calendar month of the initial startup period, but would demonstrate
whether a facility operating in an initial startup period met the work
practice standard for the duration of the period.
2. Electronic Reporting
    Through this action, the EPA is proposing that owners and operators
of vegetable oil production facilities submit electronic copies of
initial notifications, initial startup reports, annual compliance
certifications, deviation reports, and performance test reports through
the EPA's Central Data Exchange (CDX) using the Compliance and
Emissions Data Reporting Interface (CEDRI). A description of the
electronic data submission process is provided in the memorandum,
Electronic Reporting Requirements for New Source Performance Standards
(NSPS) and National Emission Standards for Hazardous Air Pollutants
(NESHAP) Rules, available in Docket ID No. EPA-HQ-OAR-2019-0208. The
proposed rule requires that performance test results collected using
test methods that are supported by the EPA's Electronic Reporting Tool
(ERT) as listed on the ERT website \20\ at the time of the test be
submitted in the format generated through the use of the ERT and that
other performance test results be submitted in portable document format
(PDF) using the attachment module of the ERT. For initial
notifications, initial startup reports, annual compliance
certifications, and deviation reports, the proposed rule requires that
owners and operators use the appropriate spreadsheet template to submit
information to CEDRI. A draft version of the proposed templates for
these reports are included in the docket for this rulemaking.\21\ The
EPA specifically requests comment on the content, layout, and overall
design of the templates.
---------------------------------------------------------------------------

    \20\ https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert.
    \21\ See Proposed Electronic Reporting Templates for the Solvent
Extraction for Vegetable Oil Production NESHAP, available at Docket
ID No. EPA-HQ-OAR-2019-0208.
---------------------------------------------------------------------------

    The initial notifications, initial startup reports, annual
compliance certifications, deviation reports, and performance test
reports are required to be submitted according to the deadlines
specified in 40 CFR 63.2861. Additionally, the EPA has identified two
broad circumstances in which electronic reporting extensions may be
provided. In both circumstances, the decision to accept the claim of
needing additional time to report is within the discretion of the
Administrator, and reporting should occur as soon as possible. The EPA
is providing these potential extensions to protect owners and operators
from noncompliance in cases where they cannot successfully submit a
report by the reporting deadline for reasons outside of their control.
The situation where an extension may be warranted due to outages of the
EPA's CDX or CEDRI, which precludes an owner or operator from accessing
the system and submitting required reports is addressed in 40 CFR
63.2862(f). The situation where an extension may be warranted due to a
force majeure event, which is defined as an event that will be or has
been caused by circumstances beyond the control of the affected
facility, its contractors, or any entity controlled by the affected
facility that prevents an owner or operator from complying with the
requirement to submit a report electronically as required by this rule
is addressed in 40 CFR 63.2862(g). Examples of such events are acts of
nature, acts of war or terrorism, or equipment failure or safety
hazards beyond the control of the facility.
    The electronic submittal of the reports addressed in this proposed
rulemaking will increase the usefulness of the data contained in those
reports, is in keeping with current trends in data availability and
transparency, will further assist in the protection of public health
and the environment, will improve compliance by facilitating the
ability of regulated facilities to demonstrate compliance with
requirements and by facilitating the ability of delegated state, local,
tribal, and territorial air agencies and the EPA to assess and
determine compliance, and will ultimately reduce burden on regulated
facilities, delegated air agencies, and the EPA. Electronic reporting
also eliminates paper-based, manual processes, thereby saving time and
resources, simplifying data entry, eliminating redundancies, minimizing
data reporting errors, and providing data quickly and accurately to the
affected facilities, air agencies, the EPA, and the public. Moreover,
electronic reporting is consistent with the EPA's plan \22\ to
implement Executive Order 13563 and is in keeping with the EPA's
Agency-wide policy \23\ developed in response to the White House's
Digital Government Strategy.\24\ For more information on the benefits
of electronic reporting, see the memorandum, Electronic Reporting
Requirements for New Source Performance Standards (NSPS) and National
Emission Standards for Hazardous Air Pollutants (NESHAP) Rules,
available in Docket ID No. EPA-HQ-OAR-2019-0208.
---------------------------------------------------------------------------

    \22\ The EPA's Final Plan for Periodic Retrospective Reviews,
August 2011. Available at: https://www.regulations.gov/document?D=EPA-HQ-OA-2011-0156-0154.
    \23\ E-Reporting Policy Statement for EPA Regulations, September
2013. Available at: https://www.epa.gov/sites/production/files/2016-03/documents/epa-ereporting-policy-statement-2013-09-30.pdf.
    \24\ Digital Government: Building a 21st Century Platform to
Better Serve the American People, May 2012. Available at: https://obamawhitehouse.archives.gov/sites/default/files/omb/egov/digital-government/digital-government.html.
---------------------------------------------------------------------------

3. Technical and Editorial Changes
    The EPA is proposing several minor technical editorial changes to
the rule.

The EPA is proposing revisions to several definitions in 40 CFR 63.2872
to harmonize with the proposed removal of the SSM requirements and to
clarify existing provisions. Specifically, the EPA is proposing
harmonizing changes to the definitions of ``Compliance ratio,''
``Nonoperating period,'' ``Normal operating period,'' and ``Operating
month'' to clarify where the malfunction period is excluded, because
sources would no longer be able to choose the malfunction period as a
source operating status. The EPA is also proposing to revise ``Normal
operating period'' to clarify that this definition also applies to
``normal operation.''
    The EPA is proposing to revise the definition of ``Hazardous air
pollutant (HAP)'' to remove the reference to the date of April 12,
2001. The current definition would continue to include HAP that may
have been delisted following the April 2001 date, therefore, removal of
the date would more appropriately reference the current list of HAP in
section 112(b) of the CAA. Finally, the EPA is adding a definition for
``Nonoperating month,'' which was not previously defined. A
nonoperating month would include any entire calendar or accounting
month in which a source processes no agricultural product.
    The EPA is proposing minor revisions to 40 CFR 63.2840(a)(1) and
(b)(1), 40 CFR 63.2853(a)(2), and 40 CFR 63.2855(a)(3) to remove text
that is redundant with the definition of ``operating month'' in 40 CFR
63.2872. Finally, the EPA is proposing a minor correction to Table 1 of
40 CFR 63.2850 to correct a typographical error in row ``(a)'' for
malfunction periods.

E. What compliance dates are we proposing?

    Affected sources that commence construction or reconstruction after
June 27, 2019 would comply with all requirements of 40 CFR part 63,
subpart GGGG, including the amendments being proposed, no later than
the effective date of the final rule or upon startup. All affected
facilities would continue to meet the current requirements of the
Solvent Extraction for Vegetable Oil Production NESHAP until the
applicable compliance date of the amended rule.
    Existing affected sources and affected sources that commenced
construction or reconstruction on or before June 27, 2019 would comply
with the amendments no later than 180 days after the effective date of
the final rule. Affected sources that commence construction or
reconstruction after June 27, 2019 would comply with all requirements
of 40 CFR part 63, subpart GGGG, including the amendments being
proposed, no later than the effective date of the final rule or upon
startup, whichever is later. The final action is not expected to be a
``major rule'' as defined by 5 U.S.C. 804(2), so the effective date of
the final rule will be the promulgation date as specified in CAA
section 112(d)(10). For existing sources, the EPA is proposing three
changes that would affect ongoing compliance requirements for the
Solvent Extraction for Vegetable Oil Production NESHAP. As discussed
elsewhere in this preamble, the EPA is proposing to add a requirement
that initial notifications, initial startup reports, annual compliance
certifications, deviation reports, and performance test results be
electronically submitted. The EPA is proposing to change the
requirements for SSM by removing the exemption from the requirements to
meet the standard during SSM periods, and the EPA is proposing an
option for facilities to follow new work practice standards for periods
of initial startup. Our experience with similar industries shows that a
minimum of 90 days, and, more typically, 180 days is generally
necessary to successfully convert to electronic reporting. Facilities
must install necessary hardware and software, become familiar with the
process of submitting initial notifications, initial startup reports,
annual compliance certifications, deviation reports, and performance
test results electronically through the EPA's CEDRI, test these new
electronic submission capabilities, and reliably employ electronic
reporting and to convert logistics of reporting processes to different
time-reporting parameters. Our experience with similar industries
further shows that this sort of regulated facility generally requires a
time period of 180 days to read and understand the amended rule
requirements; to evaluate their operations to ensure that they can meet
the standards during periods of startup, including the revised
standards for initial startup periods, as defined in the rule and make
any necessary adjustments; and to update their operation, maintenance,
and monitoring plan to reflect the revised requirements. The EPA
recognizes the confusion that multiple different compliance dates for
individual requirements would create and the additional burden such an
assortment of dates would impose. From our assessment of the timeframe
needed for compliance with the entirety of the revised requirements,
the EPA considers a period of 180 days to be the most expeditious
compliance period practicable and, thus, is proposing that existing
affected sources be in compliance with the revised requirements within
180 days of the regulation's effective date.
    We solicit comment on these proposed compliance periods, and we
specifically request submission of information from sources in this
source category regarding specific actions that would need to be
undertaken to comply with the proposed amended requirements and the
time needed to make the adjustments for compliance with any of the
revised requirements. We note that information provided may result in
changes to the proposed compliance periods.

V. Summary of Cost, Environmental, and Economic Impacts

A. What are the affected sources?

    The EPA estimates that there are 89 vegetable oil production
facilities that are currently subject to the Solvent Extraction for
Vegetable Oil Production NESHAP and would be affected by the proposed
amendments. The bases of our estimate of affected facilities are
provided in the memorandum, Residual Risk Modeling File Documentation
for the Solvent Extraction for Vegetable Oil Production Source
Category, which is available in the docket for this action. The EPA is
aware of one potential new or reconstructed vegetable oil production
facility that is subject to the standards.

B. What are the air quality impacts?

    The EPA estimates that annual HAP emissions from the vegetable oil
production facilities that are subject to the NESHAP are approximately
13,500 tpy.\25\ Because the EPA is not proposing revisions to the
emission limits, we do not anticipate any quantifiable air quality
impacts as a result of the proposed amendments. However, we anticipate
that the proposed requirements, including the work practice standards
for the optional initial startup period, are at least as stringent as
the current rule requirements.
---------------------------------------------------------------------------

    \25\ The annual HAP emission estimates include emissions from 88
facilities. Annual emissions are not yet available for one newly
constructed facility.
---------------------------------------------------------------------------

C. What are the cost impacts?

    The 89 vegetable oil production facilities that would be subject to
the proposed amendments would incur minimal net costs to meet revised
recordkeeping and reporting requirements, some estimated to have costs
and some estimated to have cost savings. Nationwide annual costs

associated with the proposed requirements are estimated to be $29,623
over the 3 years following promulgation of amendments (or $9,874 per
year). The EPA believes that the vegetable oil production facilities
which are known to be subject to the NESHAP can meet the proposed
requirements without incurring additional capital or operational costs.
Therefore, the only costs associated with the proposed amendments are
related to recordkeeping and reporting labor costs. For further
information on the requirements being proposed, see section IV of this
preamble. For further information on the costs and cost savings
associated with the requirements being proposed, see the memorandum,
Cost for the Solvent Extraction for Vegetable Oil Production Source
Category Risk and Technology Review--Proposed Amendments, and the
document, Supporting Statement for NESHAP for Solvent Extraction for
Vegetable Oil Production, which are both available in the docket for
this action. We solicit comment on these estimated cost impacts.

D. What are the economic impacts?

    Economic impact analyses focus on changes in market prices and
output levels. If changes in market prices and output levels in the
primary markets are significant enough, impacts on other markets may
also be examined. Both the magnitude of costs needed to comply with a
proposed rule and the distribution of these costs among affected
facilities can have a role in determining how the market will change in
response to a proposed rule. The total costs associated with reviewing
the final rule are estimated to be $29,623 (or $9,874 per year) for the
3 years following the final rule. This is an estimated cost of $333 per
facility. These costs are not expected to result in a significant
market impact, regardless of whether they are passed on to the
purchaser or absorbed by the firms.

E. What are the benefits?

    Although the EPA does not anticipate reductions in HAP emissions as
a result of the proposed amendments, we believe that the action, if
finalized as proposed, would result in improvements to the rule.
Specifically, the proposed amendments revise the standards such that
they apply at all times. For facilities who choose to operate under an
initial startup period, the EPA is proposing an alternative work
practice standard that will ensure that facilities are minimizing
emissions while the source operates under non-steady state production,
which will protect public health and the environment. Additionally, the
proposed amendments requiring electronic submittal of initial
notifications, initial startup reports, annual compliance
certifications, deviation reports, and performance test results will
increase the usefulness of the data, is in keeping with current trends
of data availability, will further assist in the protection of public
health and the environment, and will ultimately result in less burden
on the regulated community. See section IV.D.2 of this preamble for
more information.

VI. Request for Comments

    We solicit comments on this proposed action. In addition to general
comments on this proposed action, the EPA is also interested in
additional data that may improve the risk assessments and other
analyses. The EPA is specifically interested in receiving any
improvements to the data used in the site-specific emissions profiles
used for risk modeling. Such data should include supporting
documentation in sufficient detail to allow characterization of the
quality and representativeness of the data or information. Section VII
of this preamble provides more information on submitting data.

VII. Submitting Data Corrections

    The site-specific emissions profiles used in the source category
risk and demographic analyses and instructions are available for
download on the RTR website at https://www3.epa.gov/ttn/atw/rrisk/rtrpg.html. The data files include detailed information for each HAP
emissions release point for the facilities in the source category.
    If you believe that the data are not representative or are
inaccurate, please identify the data in question, provide your reason
for concern, and provide any ``improved'' data that you have, if
available. When you submit data, we request that you provide
documentation of the basis for the revised values to support your
suggested changes. To submit comments on the data downloaded from the
RTR website, complete the following steps:
    1. Within this downloaded file, enter suggested revisions to the
data fields appropriate for that information.
    2. Fill in the commenter information fields for each suggested
revision (i.e., commenter name, commenter organization, commenter email
address, commenter phone number, and revision comments).
    3. Gather documentation for any suggested emissions revisions
(e.g., performance test reports, material balance calculations).
    4. Send the entire downloaded file with suggested revisions in
Microsoft[supreg] Access format and all accompanying documentation to
Docket ID No. EPA-HQ-OAR-2019-0208 (through the method described in the
ADDRESSES section of this preamble).
    5. If you are providing comments on a single facility or multiple
facilities, you need only submit one file for all facilities. The file
should contain all suggested changes for all sources at that facility
(or facilities). We request that all data revision comments be
submitted in the form of updated Microsoft[supreg] Excel files that are
generated by the Microsoft[supreg] Access file. These files are
provided on the RTR website at https://www3.epa.gov/ttn/atw/rrisk/rtrpg.html.

VIII. 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 not a significant regulatory action and was,
therefore, not submitted to OMB for review.

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

    This action is not expected to be an Executive Order 13771
regulatory action because this action is not significant under
Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    The information collection activities in this proposed rule have
been submitted for approval to the OMB under the PRA. The Information
Collection Request (ICR) document that the EPA prepared has been
assigned EPA ICR number 1947.08. You can find a copy of the ICR in the
docket for this rule, and it is briefly summarized here.
    The EPA is proposing amendments that revise provisions pertaining
to emissions during periods of SSM; add requirements for electronic
reporting of certain notifications, reports, and performance test
results; and make other minor clarifications and corrections. This
information would be collected to assure compliance with the Solvent
Extraction for Vegetable Oil Production NESHAP.
    Respondents/affected entities: Owners or operators of vegetable oil
production processes.

    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart GGGG).
    Estimated number of respondents: 90 (assumes one new respondent
over the next 3 years).
    Frequency of response: Initially, occasionally, and annually.
    Total estimated burden: The annual recordkeeping and reporting
burden for responding facilities to comply with all of the requirements
in the NESHAP, averaged over the 3 years of this ICR, is estimated to
be 33,000 hours. Of these, 241 hours (per year) is the incremental
burden to comply with the proposed rule amendments. Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: The annual recordkeeping and reporting cost
for responding facilities to comply with all of the requirements in the
NESHAP, averaged over the 3 years of this ICR, is estimated to be
$3,380,000 (per year), including $0 annualized capital or operation and
maintenance costs. Of the total, $9,874 (per year) is the incremental
cost to comply with the proposed amendments to the rule, or
approximately $111 per facility.
    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.
    Submit your comments on the Agency's need for this information, the
accuracy of the provided burden estimates to comply with all of the
requirements in the NESHAP or the proposed amendments, and any
suggested methods for minimizing respondent burden to the EPA using the
docket identified at the beginning of this rule. You may also send your
ICR-related comments to OMB's Office of Information and Regulatory
Affairs via email to<EMAIL_ADDRESS>Attention: Desk
Officer for the EPA. Since OMB is required to make a decision
concerning the ICR between 30 and 60 days after receipt, OMB must
receive comments no later than July 29, 2019. The EPA will respond to
any ICR-related comments in the 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. The
small entities subject to the requirements of this action are small
vegetable oil production facilities. The Agency has determined that up
to 12 small entities, representing approximately 13 percent of the
total number of entities subject to the proposal, may experience an
impact of less than 0.1 percent of revenues.

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 or the
private sector.

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 vegetable oil production 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 III and IV of this preamble and further documented in the risk
report titled Residual Risk Assessment for the Solvent Extraction for
Vegetable Oil Production Source Category in Support of the 2019 Risk
and Technology Review Proposed Rule, in the docket for this action.

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

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    This action involves technical standards. Therefore, the EPA
conducted searches for the Solvent Extraction for Vegetable Oil
Production sector RTR through the Enhanced National Standards Systems
Network Database managed by the American National Standards Institute.
We also contacted voluntary consensus standards (VCS) organizations and
accessed and searched their databases. We conducted searches for EPA
Method 311 of 40 CFR part 63, appendix A. No applicable VCS were
identified for EPA Method 311. The search identified two VCS that were
potentially applicable for this rule in lieu of EPA reference methods.
After reviewing the available standards, the EPA determined that the
two candidate VCS (ASTM Method D6438 (1999), Standard Test Method for
Acetone, Methyl Acetate, and Parachlorobenzotrifluoride Content of
Paints and Coatings by Solid Phase Microextraction-Gas Chromatography,
and CARB Method 310, Determination of Volatile Organic Compounds in
Consumer Products and Reactive Organic Compounds in Aerosol Coating
Products, identified for measuring emissions of pollutants or their
surrogates subject to emissions standards in the rule would not be
practical due to lack of equivalency, documentation, validation data,
and other important technical and policy considerations.
    A thorough summary of the search conducted and results are included
in the memorandum, Voluntary Consensus Standard Results for National
Emission Standards for Hazardous Air Pollutants for Solvent Extraction
for Vegetable Oil Production, which is available in the docket for this
action.

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 section IV.A of this
preamble and the technical report titled Risk and Technology Review--
Analysis of Demographic Factors for Populations Living Near Vegetable
Oil Production Facilities, in the docket for this action.
    As discussed in section IV.A of this preamble, we performed a
demographic

analysis, which is an assessment of risks to individual demographic
groups, of the population close to the facilities (within 50 km and
within 5 km). In this analysis, we evaluated the distribution of HAP-
related cancer risks and noncancer hazards from the vegetable oil
production processes across different social, demographic, and economic
groups within the populations living near operations identified as
having the highest risks.
    The EPA has determined that this proposed 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 1-in-1 million); we estimate that none of the population
is exposed to risks greater than 1-in-1 million; and the rule maintains
or increases the level of environmental protection for all affected
populations without having any disproportionately high and adverse
human health or environmental effects on any population, including any
minority, low-income, or indigenous populations. Further, the EPA
believes that implementation of this rule will provide an ample margin
of safety to protect public health of all demographic groups.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.

    Dated: June 11, 2019.
Andrew R. Wheeler,
Administrator.

    For the reasons set forth in the preamble, the EPA proposes to
amend 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.

Subpart GGGG--National Emission Standards for Hazardous Air
Pollutants: Solvent Extraction for Vegetable Oil Production

0
2. Section 63.2834 is amended by revising Table 1 of Sec.  63.2834 to
read as follows:

Sec.  63.2834  When do I have to comply with the standards in this
subpart?

* * * * *

                    Table 1 of Sec.   63.2834--Compliance Dates for Existing and New Sources
----------------------------------------------------------------------------------------------------------------
                                                                                Except for certain
                                                                                requirements, as
                                                                                specified in Sec.  Sec.
                                                                                63.2840, 63.2850,
      If your affected source is             And if . . .         Then your compliance      63.2851, 63.2852,
         categorized as . . .                                        date is . . .          63.2853, 63.2861,
                                                                                63.2862, and 63.2870,
                                                                                then your compliance
                                                                                date is . . .
----------------------------------------------------------------------------------------------------------------
(a) an existing source...............  .......................  April 12, 2004.........  [date 181 days after
                                                                                date of publication of
                                                                                final rule in the
                                                                                Federal Register].
(b) a new source.....................  you startup your         April 12, 2004.........  [date 181 days after
                                        affected source before                            date of publication of
                                        April 12, 2001.                                   final rule in the
                                                                                Federal Register].
(c) a new source.....................  you startup your         your startup date......  [date 181 days after
                                        affected source on or                             date of publication of
                                        after April 12, 2001,                             final rule in the
                                        but before [date of                               Federal Register].
                                        publication of final
                                        rule in the Federal
                                        Register].
(d) a new source.....................  you startup your         your startup date......  your startup date.
                                        affected source on or
                                        after [date of
                                        publication of final
                                        rule in the Federal
                                        Register].
----------------------------------------------------------------------------------------------------------------

0
3. Section 63.2840 is amended by:
0
a. Revising the introductory text, paragraphs (a)(1) introductory text,
(b) introductory text, and (b)(3) through (5);
0
b. Removing and reserving paragraph (b)(1); and
0
c. Adding paragraphs (g) and (h).
    The revisions and additions read as follows:

Sec.  63.2840  What emission requirements must I meet?

    For each facility meeting the applicability criteria in Sec.
63.2832, you must comply with either the requirements specified in
paragraphs (a) through (d) of this section, or the requirements in
paragraph (e) of this section. You must also comply with the
requirements in paragraph (g) of this section. You must comply with the
work practice standard provided in paragraph (h) of this section, if
you choose to operate your source under an initial startup period
subject to Sec.  63.2850(c)(2) or (d)(2).
    (a)(1) The emission requirements limit the number of gallons of HAP
lost per ton of listed oilseeds processed. For each operating month, as
defined in Sec.  63.2872, you must calculate a compliance ratio which
compares your actual HAP loss to your allowable HAP loss for the
previous 12 operating months as shown in Equation 1 of this section.
Equation 1 of this section follows:
* * * * *
    (b) When your source has processed listed oilseed for 12 operating
months, calculate the compliance ratio by the end of each calendar
month following an operating month, as defined in Sec.  63.2872, using
Equation 2 of this section. When calculating your compliance ratio,
consider the conditions and exclusions in paragraphs (b)(1) through (6)
of this section:
* * * * *
    (3) If your source shuts down and processes no listed oilseed for
an entire calendar or accounting month, then you must categorize the
month as a nonoperating month, as defined in Sec.  63.2872. Exclude any
nonoperating months from the compliance ratio determination.
    (4) If your source is subject to an initial startup period as
defined in Sec.  63.2872, you may exclude from the compliance ratio
determination any solvent and oilseed information recorded for the
initial startup period, provided you meet the work practice standard in
Sec.  63.2850(c)(2) or (d)(2).
    (5) Before [date 181 days after date of publication of final rule
in the Federal

Register], if your source is subject to a malfunction period as defined
in Sec.  63.2872, exclude from the compliance ratio determination any
solvent and oilseed information recorded for the malfunction period.
The provisions of this paragraph (e) do not apply on and after [date
181 days after date of publication of final rule in the Federal
Register].
* * * * *
    (g) On or after [date 181 days after date of publication of final
rule in the Federal Register], you must operate and maintain any
affected source, including associated air pollution control equipment
and monitoring equipment, at all times 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 a
source is operating in compliance with operation and maintenance
requirements will be based on information available to the
Administrator which 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 source.
    (h) On and after [date 181 days after date of publication of final
rule in the Federal Register], you must meet the requirements in
paragraphs (h)(1) through (3) of this section if you choose to operate
your source under an initial startup period subject to Sec.
63.2850(c)(2) or (d)(2).
    (1) You must operate the mineral oil absorption system at all times
during the initial startup period unless doing so is not possible due
to safety considerations;
    (2) You must operate the solvent condensers at all times during the
initial startup period unless doing so is not possible due to safety
considerations; and
    (3) You must follow site-specific operating limits, established
according to the requirements in paragraphs (h)(3)(i) and (ii) of this
section, for temperature and pressure for the desolventizing and oil
distillation units associated with solvent recovery at all times,
unless doing so is not possible due to safety considerations.
    (i) Your site-specific operating limits may be based on equipment
design, manufacturer's recommendations, or other site-specific
operating values established for normal operating periods.
    (ii) The operating limits may be in the form of a minimum, maximum,
or operating range.
0
4. Section 63.2850 is amended by:
0
a. Revising paragraphs (a)(3) and (a)(5) introductory text;
0
b. Adding paragraph (a)(5)(iv);
0
b. Revising paragraphs (b), (c)(1) and (2);
0
c. Revising paragraphs (d)(1) and (2), (e) introductory text, and
(e)(2); and
0
d. Revising Table 1 of Sec.  63.2850.
    The revisions and addition read as follows:

Sec.  63.2850  How do I comply with the hazardous air pollutant
emission standards?

    (a) * * *
    (3) Develop a written startup, shutdown and malfunction (SSM) plan
in accordance with the provisions in Sec.  63.2852. On and after [date
181 days after date of publication of final rule in the Federal
Register], an SSM plan is not required.
* * * * *
    (5) Submit the reports in paragraphs (a)(5)(i) through (iv) of this
section, as applicable:
* * * * *
    (iv) Initial startup period reports in accordance with Sec.
63.2861(e).
* * * * *
    (b) Existing sources under normal operation. You must meet all of
the requirements listed in paragraph (a) of this section and Table 1 of
this section for sources under normal operation, and the schedules for
demonstrating compliance for existing sources under normal operation in
Table 2 of this section.
    (c) * * *
    (1) Normal operation. Upon initial startup of your new source, you
must meet all of the requirements listed in Sec.  63.2850(a) and Table
1 of this section for sources under normal operation, and the schedules
for demonstrating compliance for new sources under normal operation in
Table 2 of this section.
    (2) Initial startup period. For up to 6 calendar months after the
startup date of your new source, you must meet all of the requirements
listed in paragraph (a) of this section and Table 1 of this section for
sources operating under an initial startup period, and the schedules
for demonstrating compliance for new sources operating under an initial
startup period in Table 2 of this section. On and after [date 181 days
after date of publication of final rule in the Federal Register], you
must also comply with the work practice standard in Sec.  63.2840(h)
for the duration of the initial startup period. At the end of the
initial startup period (as defined in Sec.  63.2872), your new source
must then meet all of the requirements listed in Table 1 of this
section for sources under normal operation.
    (d) * * *
    (1) Normal operation. Upon initial startup of your significantly
modified existing or new source, you must meet all of the requirements
listed in paragraph (a) of this section and Table 1 of this section for
sources under normal operation, and the schedules for demonstrating
compliance for an existing or new source that has been significantly
modified in Table 2 of this section.
    (2) Initial startup period. For up to 3 calendar months after the
startup date of your significantly modified existing or new source, you
must meet all of the requirements listed in paragraph (a) of this
section and Table 1 of this section for sources operating under an
initial startup period, and the schedules for demonstrating compliance
for a significantly modified existing or new source operating under an
initial startup period in Table 2 of this section. On and after [date
181 days after date of publication of final rule in the Federal
Register], you must also comply with the work practice standard in
Sec.  63.2840(h) for the duration of the initial startup period. At the
end of the initial startup period (as defined in Sec.  63.2872), your
new or existing source must meet all of the requirements listed in
Table 1 of this section for sources under normal operation.
    (e) Existing or new sources experiencing a malfunction. A
malfunction is defined in Sec.  63.2. In general, it means any sudden,
infrequent, and not reasonably preventable failure of air pollution
control equipment, process equipment, or a process to function in a
normal or usual manner. If your existing or new source experiences an
unscheduled shutdown as a result of a malfunction, continues to operate
during a malfunction (including the period reasonably necessary to
correct the malfunction), or starts up after a shutdown resulting from
a malfunction, then you must meet the requirements associated with one
of two compliance options. Routine or scheduled process startups and
shutdowns resulting from, but not limited to, market demands,
maintenance activities, and switching types of oilseed processed, are
not startups or shutdowns resulting from a malfunction and, therefore,
do not qualify for this provision. Within 15 days of the beginning date
of the malfunction, you must choose to

comply with one of the options listed in paragraphs (e)(1) and (2) of
this section. The provisions of this paragraph (e) do not apply on and
after [date 181 days after date of publication of final rule in the
Federal Register].
* * * * *
    (2) Malfunction period. Throughout the malfunction period, you must
meet all of the requirements listed in paragraph (a) of this section
and Table 1 of this section for sources operating during a malfunction
period. At the end of the malfunction period, your source must then
meet all of the requirements listed in Table 1 of this section for
sources under normal operation. Table 1 of this section follows:

               Table 1 of Sec.   63.2850--Requirements for Compliance With HAP Emission Standards
----------------------------------------------------------------------------------------------------------------
                                                                                Before [date 181 days
                                                                                after date of
                                                                  For initial startup      publication of final
                                        For periods of normal   periods subject to Sec.    rule in the  Federal
      Are you required to . . .             operation? \a\           63.2850(c)(2) or         Register], for
                                                                        (d)(2)?            malfunction periods
                                                                                subject to Sec.
                                                                                63.2850(e)(2)? \a\
----------------------------------------------------------------------------------------------------------------
(a)(1) Operate and maintain your       Yes. Additionally, the   Yes, you are required    Yes, you are required
 source in accordance with general      HAP emission limits      to minimize emissions    to minimize emissions
 duty provisions of Sec.   63.6(e)      will apply.              to the extent            to the extent
 before [date 181 days after date of                             practicable throughout   practicable throughout
 publication of final rule in the                                the initial startup      the initial startup
 Federal Register]?                                              period. Such measures    period. Such measures
                                                                 should be described in   should be described in
                                                                 the SSM plan.            the SSM plan.
(a)(2) Operate and maintain your       No, you must meet the    No, you must meet the
 source in accordance with general      requirements of Sec.     requirements of Sec.
 duty provisions of Sec.   63.6(e) on   62.2840(g).              62.2840(g).
 and after [date 181 days after date    Additionally, the HAP
 of publication of final rule in the    emission limits will
 Federal Register]?                     apply.
(b) Determine and record the           Yes, as described in     Yes, as described in     Yes, as described in
 extraction solvent loss in gallons     Sec.   63.2853.          Sec.   63.2862(e)        Sec.   63.2862(e).
 from your source?                                               (before [date 181 days
                                                                 after date of
                                                                 publication of final
                                                                 rule in the Federal
                                                                 Register]) and Sec.
                                                                 63.2862(f) (on and
                                                                 after [date 181 days
                                                                 after date of
                                                                 publication of final
                                                                 rule in the Federal
                                                                 Register]).
(c) Record the volume fraction of HAP  Yes....................  Yes....................  Yes.
 present at greater than 1 percent by
 volume and gallons of extraction
 solvent in shipment received?
(d) Determine and record the tons of   Yes, as described in     No.....................  No.
 each oilseed type processed by your    Sec.   63.2855.
 source?
(e) Determine the weighted average     Yes....................  No. Except for solvent   No, the HAP volume
 volume fraction of HAP in extraction                            received by a new or     fraction in any
 solvent received as described in                                reconstructed source     solvent received
 Sec.   63.2854 by the end of the                                commencing operation     during a malfunction
 following calendar month?                                       under an initial         period is included in
                                                                 startup period, the      the weighted average
                                                                 HAP volume fraction in   HAP determination for
                                                                 any solvent received     the next operating
                                                                 during an initial        month.
                                                                 startup period is
                                                                 included in the
                                                                 weighted average HAP
                                                                 determination for the
                                                                 next operating month.
(f) Determine and record the actual    Yes....................  No, these requirements   No, these requirements
 solvent loss, weighted average                                  are not applicable       are not applicable
 volume fraction HAP, oilseed                                    because your source is   because your source is
 processed and compliance ratio for                              not required to          not required to
 each 12 operating month period as                               determine the            determine the
 described in Sec.   63.2840 by the                              compliance ratio with    compliance ratio with
 end of the following calendar month?                            data recorded for an     data recorded for a
                                                                 initial startup period.  malfunction period.
(g) Submit a Notification of           Yes, as described in     No. However, you may be  No. However, you may be
 Compliance Status or Annual            Sec.  Sec.               required to submit an    required to submit an
 Compliance Certification as            63.2860(d) and           annual compliance        annual compliance
 appropriate?                           63.2861(a).              certification for        certification for
                                                                 previous operating       previous operating
                                                                 months, if the           months, if the
                                                                 deadline for the         deadline for the
                                                                 annual compliance        annual compliance
                                                                 certification happens    certification happens
                                                                 to occur during the      to occur during the
                                                                 initial startup period.  malfunction period.

(h)(1) Submit a Deviation              Yes....................  No, these requirements   No, these requirements
 Notification Report by the end of                               are not applicable       are not applicable
 the calendar month following the                                because your source is   because your source is
 month in which you determined that                              not required to          not required to
 the compliance ratio exceeds 1.00 as                            determine the            determine the
 described in Sec.   63.2861(b)                                  compliance ratio with    compliance ratio with
 before [date 181 days after date of                             data recorded for an     data recorded for a
 publication of final rule in the                                initial startup period.  malfunction period.
 Federal Register]?
(h)(2) Submit a Deviation              Yes....................  Yes....................  No.
 Notification Report as described in
 Sec.   63.2861(b) on and after [date
 181 days after date of publication
 of final rule in the Federal
 Register]?
(i) Submit a Periodic SSM Report as    No, a SSM activity is    Yes, before [date 181    Yes.
 described in Sec.   63.2861(c)?        not categorized as       days after date of
                                        normal operation.        publication of final
                                                                 rule in the Federal
                                                                 Register].
(j) Submit an Immediate SSM Report as  No, a SSM activity is    Yes, only before [date   Yes, only if your
 described in Sec.   63.2861(d)?        not categorized as       181 days after date of   source does not follow
                                        normal operation.        publication of final     the SSM plan.
                                                                 rule in the Federal
                                                                 Register] and if your
                                                                 source does not follow
                                                                 the SSM plan.
(k) Submit an Initial Startup Report   No.....................  Yes....................  No.
 as described in Sec.   63.2861(e) on
 and after [date 181 days after date
 of publication of final rule in the
 Federal Register]?
----------------------------------------------------------------------------------------------------------------
\a\ Beginning on [date 181 days after date of publication of final rule in the Federal Register], you must meet
  the requirements of this table for normal operating periods or for initial startup periods subject to Sec.
  63.2850(c)(2) or (d)(2) at all times. The column ``For malfunction periods subject to Sec.   63.2850(e)(2)?''
  is not applicable beginning on [date 181 days after date of publication of final rule in the Federal
  Register].

0
5. Section 63.2851 is amended by revising paragraph (a) introductory
text and adding paragraph (a)(8) to read as follows:

Sec.  63.2851  What is a plan for demonstrating compliance?

    (a) You must develop and implement a written plan for demonstrating
compliance that provides the detailed procedures you will follow to
monitor and record data necessary for demonstrating compliance with
this subpart. Procedures followed for quantifying solvent loss from the
source and amount of oilseed processed vary from source to source
because of site-specific factors such as equipment design
characteristics and operating conditions. Typical procedures include
one or more accurate measurement methods such as weigh scales,
volumetric displacement, and material mass balances. Because the
industry does not have a uniform set of procedures, you must develop
and implement your own site-specific plan for demonstrating compliance
before the compliance date for your source. You must also incorporate
the plan for demonstrating compliance by reference in the source's
title V permit and keep the plan on-site and readily available as long
as the source is operational. If you make any changes to the plan for
demonstrating compliance, then you must keep all previous versions of
the plan and make them readily available for inspection for at least 5
years after each revision. The plan for demonstrating compliance must
include the items in paragraphs (a)(1) through (8) of this section:
* * * * *
    (8) On and after [date 181 days after date of publication of final
rule in the Federal Register], if you choose to operate your source
under an initial start-up period subject to Sec.  63.2850(c)(2) or
(d)(2), the items in paragraphs (c)(8)(i) and (ii) of this section:
    (i) Your site-specific operating limits, and their basis, for
temperature and pressure for the desolventizing and oil distillation
units associated with solvent recovery.
    (ii) A detailed description of all methods of measurement your
source will use to measure temperature and pressure, including the
measurement frequency.
* * * * *
0
6. Section 63.2852 is revised to read as follows:

Sec.  63.2852  What is a startup, shutdown, and malfunction plan?

    Before [date 181 days after date of publication of final rule in
the Federal Register], you must develop a written SSM plan in
accordance with Sec.  63.6(e)(3). You must complete the SSM plan before
the compliance date for your source. You must also keep the SSM plan
on-site and readily available as long as the source is operational. The
SSM plan provides detailed procedures for operating and maintaining
your source to minimize emissions during a qualifying SSM event for
which the source chooses the Sec.  63.2850(e)(2) malfunction period, or
the Sec.  63.2850(c)(2) or (d)(2) initial startup period. The SSM plan
must specify a program of corrective action for malfunctioning process
and air pollution control equipment and reflect the best practices now
in use by the industry to minimize emissions. Some

or all of the procedures may come from plans you developed for other
purposes such as a Standard Operating Procedure manual or an
Occupational Safety and Health Administration Process Safety Management
plan. To qualify as a SSM plan, other such plans must meet all the
applicable requirements of these NESHAP. The provisions of this section
do not apply on and after [date 181 days after date of publication of
final rule in the Federal Register].
0
7. Section 63.2853 is amended by:
0
a. Revising paragraph (a)(2) introductory text and the heading to Table
1 of Sec.  63.2853;
0
b. Adding Table 2 of Sec.  63.2853 in paragraph (a)(2); and
0
c. Revising paragraphs (a)(3) and (a)(5)(i), (c)(1), (3), and (4).
    The revisions and addition read as follows:

Sec.  63.2853  How do I determine the actual solvent loss?

* * * * *
    (a) * * *
    (2) Source operating status. You must categorize the operating
status of your source for each recorded time interval in accordance
with criteria in Table 1 or Table 2 of this section, as follows:
    Table 1 of Sec.  63.2853--Categorizing Your Source Operating Status
Before [date 181 days after date of publication of final rule in the
Federal Register]
* * * * *

 Table 2 of Sec.   63.2853--Categorizing Your Source Operating Status On
                                and After
  [Date 181 days after date of publication of final rule in the Federal
                                Register]
------------------------------------------------------------------------
   If during a recorded time      then your source operating status is .
         interval . . .                            . .
------------------------------------------------------------------------
(i) Your source processes any    A normal operating period.
 amount of listed oilseed and
 source is not operating under
 an initial startup operating
 period subject to Sec.
 63.2850(c)(2) or (d)(2).
(ii) Your source processes no    A nonoperating period.
 agricultural product and your
 source is not operating under
 an initial startup period
 subject to Sec.
 63.2850(c)(2) or (d)(2).
(iii) You choose to operate      An initial startup period.
 your source under an initial
 startup period subject to Sec.
   63.2850(c)(2) or (d)(2).
(iv) Your source processes       An exempt period.
 agricultural products not
 defined as listed oilseed.
------------------------------------------------------------------------

    (3) Measuring the beginning and ending solvent inventory. You are
required to measure and record the solvent inventory on the beginning
and ending dates of each normal operating period that occurs during an
operating month. You must consistently follow the procedures described
in your plan for demonstrating compliance, as specified in Sec.
63.2851, to determine the extraction solvent inventory, and maintain
readily available records of the actual solvent loss inventory, as
described in Sec.  63.2862(c)(1). In general, you must measure and
record the solvent inventory only when the source is actively
processing any type of agricultural product. When the source is not
active, some or all of the solvent working capacity is transferred to
solvent storage tanks which can artificially inflate the solvent
inventory.
* * * * *
    (5) * * *
    (i) Solvent destroyed in a control device. You may use a control
device to reduce solvent emissions to meet the emission standard. The
use of a control device does not alter the emission limit for the
source. If you use a control device that reduces solvent emissions
through destruction of the solvent instead of recovery, then determine
the gallons of solvent that enter the control device and are destroyed
there during each normal operating period. All solvent destroyed in a
control device during a normal operating period can be subtracted from
the total solvent loss. Examples of destructive emission control
devices include catalytic incinerators, boilers, or flares. Identify
and describe, in your plan for demonstrating compliance, each type of
reasonable and sound measurement method that you use to quantify the
gallons of solvent entering and exiting the control device and to
determine the destruction efficiency of the control device. You may use
design evaluations to document the gallons of solvent destroyed or
removed by the control device instead of performance testing under
Sec.  63.7. The design evaluations must be based on the procedures and
options described in Sec.  63.985(b)(1)(i)(A) through (C) or Sec.
63.11, as appropriate. All data, assumptions, and procedures used in
such evaluations must be documented and available for inspection. If
you use performance testing to determine solvent flow rate to the
control device or destruction efficiency of the device, follow the
procedures as outlined in Sec.  63.997(e)(1) and (2) and the
requirements in paragraph (a)(5)(i)(A) of this section. Instead of
periodic performance testing to demonstrate continued good operation of
the control device, you may develop a monitoring plan, following the
procedures outlined in Sec.  63.988(c) and using operational parametric
measurement devices such as fan parameters, percent measurements of
lower explosive limits, and combustion temperature.
    (A) On or after [date 181 days after date of publication of final
rule in the Federal Register], you must conduct all performance tests
under such conditions as the Administrator specifies to you based on
representative performance of the affected source for the period being
tested. Representative conditions exclude periods of startup and
shutdown unless specified by the Administrator. You may not conduct
performance tests during periods of malfunction. 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
shall make available to the Administrator such records as may be
necessary to determine the conditions of performance tests.
    (B) [Reserved]
    (c) * * *
    (1) Nonoperating periods as described in paragraph (a)(2) of this
section.
* * * * *
    (3) Before [date 181 days after date of publication of final rule
in the Federal Register] malfunction periods as described in Sec.
63.2850(e)(2).
    (4) Exempt operation periods as described in paragraph (a)(2) of
this section.
0
8. Section 63.2855 is amended by revising paragraphs (a)(3), (a)(5)(i),
and (c)(3) to read as follows:

Sec.  63.2855  How do I determine the quantity of oilseed processed?

    (a) * * *
    (3) Measuring the beginning and ending inventory for each oilseed.
You are required to measure and record the oilseed inventory on the
beginning and ending dates of each normal operating period that occurs
during an operating

month. You must consistently follow the procedures described in your
plan for demonstrating compliance, as specified in Sec.  63.2851, to
determine the oilseed inventory on an as received basis and maintain
readily available records of the oilseed inventory as described by
Sec.  63.2862(c)(3).
* * * * *
    (5) * * *
    (i) Oilseed that molds or otherwise become unsuitable for
processing.
* * * * *
    (c) * * *
    (3) Before [date 181 days after date of publication of final rule
in the Federal Register], malfunction periods as described in Sec.
63.2850(e)(2).
* * * * *
0
9. Section 63.2861 is amended by:
0
a. Revising paragraph (b) introductory text;
0
b. Adding paragraphs (b)(5) through (8);
0
c. Revising paragraphs (c) introductory text and (d) introductory text;
and
0
d. Adding paragraphs (e) through (i).
    The revisions and additions read as follows:

Sec.  63.2861  What reports must I submit and when?

* * * * *
    (b) Deviation notification report. Submit a deviation report for
each compliance determination you make in which the compliance ratio
exceeds 1.00 as determined under Sec.  63.2840(c) or if you deviate
from the work practice standard for an initial startup period subject
to Sec.  63.2850(c)(2) or (d)(2). Submit the deviation report by the
end of the month following the calendar month in which you determined
the deviation. The deviation notification report must include the items
in paragraphs (b)(1) through (7) of this section if you exceed the
compliance ratio, and must include the items in paragraphs (b)(1), (2),
and (5) through (8) of this section if you deviate from the work
practice standard:
* * * * *
    (5) Beginning on [date 181 days after date of publication of final
rule in the Federal Register], the number of deviations and for each
deviation the date, time, and duration of each deviation.
    (6) Beginning on [date 181 days after date of publication of final
rule in the Federal Register], a statement of the cause of each
deviation (including unknown cause, if applicable).
    (7) Beginning on [date 181 days after date of publication of final
rule in the Federal Register], for each deviation, a list of the
affected sources or equipment, an estimate of the quantity of HAP
emitted over the emission requirements of Sec.  63.2840, and a
description of the method used to estimate the emissions.
    (8) A description of the deviation from the work practice standard
during the initial startup period, including the records of Sec.
63.2862(f) for the deviation.
    (c) Periodic startup, shutdown, and malfunction report. Before
[date 181 days after date of publication of final rule in the Federal
Register], if you choose to operate your source under an initial
startup period subject to Sec.  63.2850(c)(2) or (d)(2) or a
malfunction period subject to Sec.  63.2850(e)(2), you must submit a
periodic SSM report by the end of the calendar month following each
month in which the initial startup period or malfunction period
occurred. The periodic SSM report must include the items in paragraphs
(c)(1) through (3) of this section. The provisions of this paragraph
(c) do not apply on and after [date 181 days after date of publication
of final rule in the Federal Register].
* * * * *
    (d) Immediate SSM reports. Before [date 181 days after date of
publication of final rule in the Federal Register], if you handle a SSM
during an initial startup period subject to Sec.  63.2850(c)(2) or
(d)(2) or a malfunction period subject to Sec.  63.2850(e)(2)
differently from procedures in the SSM plan and the relevant emission
requirements in Sec.  63.2840 are exceeded, then you must submit an
immediate SSM report. Immediate SSM reports consist of a telephone call
or facsimile transmission to the responsible agency within 2 working
days after starting actions inconsistent with the SSM plan, followed by
a letter within 7 working days after the end of the event. The letter
must include the items in paragraphs (d)(1) through (3) of this
section. The provisions of this paragraph (d) do not apply on and after
[date 181 days after date of publication of final rule in the Federal
Register].
* * * * *
    (e) Initial startup period reports. If you choose to operate your
source under an initial startup period subject to Sec.  63.2850(c)(2)
or (d)(2) on and after [date 181 days after date of publication of
final rule in the Federal Register], you must submit an initial startup
period report within 30 days after the initial startup period ends. The
report must include the items in paragraphs (e)(1) through (3) of this
section.
    (1) The name and address of the owner or operator.
    (2) The physical address of the vegetable oil production process.
    (3) A compliance certification indicating whether the source was in
compliance with the work practice standard of Sec.  63.2840(h).
    (f) On and after [date 181 days after date of publication of final
rule in the Federal Register], if you conduct performance tests to
determine solvent flow rate to a control device or destruction
efficiency of a control device according to the requirements of Sec.
63.2853(a)(5)(i), within 60 days after the date of completing each
performance test, you must submit the results of the performance test
following the procedures specified in paragraphs (f)(1) and (2) of this
section.
    (1) Data collected using test methods supported by EPA's Electronic
Reporting Tool (ERT) as listed on EPA's ERT website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. Submit the results of the
performance test to EPA via the Compliance and Emissions Data Reporting
Interface (CEDRI), which can be accessed through EPA's Central Data
Exchange (CDX) (https://cdx.epa.gov/). The data must be submitted in a
file format generated through the use of EPA's ERT. Alternatively, you
may submit an electronic file consistent with the extensible markup
language (XML) schema listed on EPA's ERT website.
    (2) Data collected using test methods that are not supported by
EPA's ERT as listed on EPA's ERT website at the time of the test. The
results of the performance test must be included as an attachment in
the ERT or an alternate electronic file consistent with the XML schema
listed on EPA's ERT website. Submit the ERT generated package or
alternative file to EPA via CEDRI.
    (3) Confidential business information (CBI). If you claim some of
the information submitted under paragraph (f) or (g) of this section is
CBI, you must submit a complete file, including information claimed to
be CBI, to EPA. The file must be generated through the use of EPA's ERT
or an alternate electronic file consistent with the XML schema listed
on EPA's ERT website. Submit the file on a compact disc, flash drive,
or other commonly used electronic storage medium and clearly mark the
medium as CBI. Mail the electronic medium 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 file with the CBI omitted
must be submitted to EPA via EPA's CDX as described in paragraph (f)(1)
of this section.
    (g) On and after [date 181 days after date of publication of final
rule in the

Federal Register], you must submit the initial notification required in
Sec.  63.2860(b) and the annual compliance certification, deviation
report, and initial startup report required in Sec.  63.2861(a), (b),
and (e) to the EPA via CEDRI, which can be accessed through the EPA's
CDX (https://cdx.epa.gov). The owner or operator must upload to CEDRI
an electronic copy of each applicable notification in portable document
format (PDF). The applicable notification must be submitted by the
deadline specified in this subpart, regardless of the method in which
the reports are submitted. You must use the appropriate electronic
report template on the CEDRI website (https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri) for this subpart. The date report templates become
available will be listed on the CEDRI website. The report must be
submitted by the deadline specified in this subpart, regardless of the
method in which the report is submitted. If you claim some of the
information required to be submitted via CEDRI is confidential business
information (CBI), submit a complete report, including information
claimed to be CBI, to EPA. The report must be generated using the
appropriate form on the CEDRI website. Submit the file on a compact
disc, flash drive, or other commonly used electronic storage medium and
clearly mark the medium as CBI. Mail the electronic medium 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 file
with the CBI omitted must be submitted to EPA via EPA's CDX as
described earlier in this paragraph.
    (h) If you are required to electronically submit a report through
CEDRI in EPA's CDX, you may assert a claim of EPA system outage for
failure to timely comply with the reporting requirement. To assert a
claim of EPA system outage, you must meet the requirements outlined in
paragraphs (h)(1) through (7) of this section.
    (1) You must have been or will be precluded from accessing CEDRI
and submitting a required report within the time prescribed due to an
outage of either EPA's CEDRI or CDX systems.
    (2) The outage must have occurred within the period of time
beginning five business days prior to the date that the submission is
due.
    (3) The outage may be planned or unplanned.
    (4) You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
    (5) You must provide to the Administrator a written description
identifying:
    (i) The date(s) and time(s) when CDX or CEDRI was accessed and the
system was unavailable;
    (ii) A rationale for attributing the delay in reporting beyond the
regulatory deadline to EPA system outage;
    (iii) Measures taken or to be taken to minimize the delay in
reporting; and
    (iv) The date by which you propose to report, or if you have
already met the reporting requirement at the time of the notification,
the date you reported.
    (6) The decision to accept the claim of EPA system outage and allow
an extension to the reporting deadline is solely within the discretion
of the Administrator.
    (7) In any circumstance, the report must be submitted
electronically as soon as possible after the outage is resolved.
    (i) If you are required to electronically submit a report through
CEDRI in EPA's CDX, you may assert a claim of force majeure for failure
to timely comply with the reporting requirement. To assert a claim of
force majeure, you must meet the requirements outlined in paragraphs
(i)(1) through (5) of this section.
    (1) You may submit a claim if a force majeure event is about to
occur, occurs, or has occurred or there are lingering effects from such
an event within the period of time beginning five business days prior
to the date the submission is due. For the purposes of this section, a
force majeure event is defined as an event that will be or has been
caused by circumstances beyond the control of the affected facility,
its contractors, or any entity controlled by the affected facility that
prevents you from complying with the requirement to submit a report
electronically within the time period prescribed. Examples of such
events are acts of nature (e.g., hurricanes, earthquakes, or floods),
acts of war or terrorism, or equipment failure or safety hazard beyond
the control of the affected facility (e.g., large scale power outage).
    (2) You must submit notification to the Administrator in writing as
soon as possible following the date you first knew, or through due
diligence should have known, that the event may cause or has caused a
delay in reporting.
    (3) You must provide to the Administrator:
    (i) A written description of the force majeure event;
    (ii) A rationale for attributing the delay in reporting beyond the
regulatory deadline to the force majeure event;
    (iii) Measures taken or to be taken to minimize the delay in
reporting; and
    (iv) The date by which you propose to report, or if you have
already met the reporting requirement at the time of the notification,
the date you reported.
    (4) The decision to accept the claim of force majeure and allow an
extension to the reporting deadline is solely within the discretion of
the Administrator.
    (5) In any circumstance, the reporting must occur as soon as
possible after the force majeure event occurs.
0
10. Section 63.2862 is amended by:
0
a. Revising paragraphs (b) and (c) introductory text;
0
b. Revising paragraphs (c)(3)(ii), (d) introductory text, and (e)
introductory text; and
0
c. Adding paragraphs (f) through (h).
    The revisions and additions read as follows:

Sec.  63.2862  What records must I keep?

* * * * *
    (b) Before [date 181 days after date of publication of final rule
in the Federal Register], prepare a plan for demonstrating compliance
(as described in Sec.  63.2851) and a SSM plan (as described in Sec.
63.2852). In these two plans, describe the procedures you will follow
in obtaining and recording data, and determining compliance under
normal operations or a SSM subject to the Sec.  63.2850(c)(2) or (d)(2)
initial startup period or the Sec.  63.2850(e)(2) malfunction period.
Complete both plans before the compliance date for your source and keep
them on-site and readily available as long as the source is
operational. On and after [date 181 days after date of publication of
final rule in the Federal Register], the requirement to prepare a SSM
plan no longer applies, and the plan for demonstrating compliance must
only describe the procedures you develop according to the requirements
of Sec.  63.2851.
    (c) If your source processes any listed oilseed, record the items
in paragraphs (c)(1) through (3) of this section:
* * * * *
    (3) * * *
    (ii) The operating status of your source, as described in Sec.
63.2853(a)(2). On the log for each type of listed oilseed that is not
being processed during a normal operating period, you must record which
type of listed oilseed is being processed in addition to the source
operating status.
* * * * *
    (d) After your source has processed listed oilseed for 12 operating
months,

record the items in paragraphs (d)(1) through (5) of this section by
the end of the calendar month following each operating month:
* * * * *
    (e) Before [date 181 days after date of publication of final rule
in the Federal Register], for each SSM event subject to an initial
startup period as described in Sec.  63.2850(c)(2) or (d)(2), or a
malfunction period as described in Sec.  63.2850(e)(2), record the
items in paragraphs (e)(1) through (3) of this section by the end of
the calendar month following each month in which the initial startup
period or malfunction period occurred. The provisions of this paragraph
(e) do not apply on and after [date 181 days after date of publication
of final rule in the Federal Register].
* * * * *
    (f) On and after [date 181 days after date of publication of final
rule in the Federal Register], for each initial startup period subject
to Sec.  63.2850(c)(2) or (d)(2), record the items in paragraphs (f)(1)
through (6) of this section by the end of the calendar month following
each month in which the initial startup period occurred.
    (1) A description and dates of the initial startup period, and
reason it qualifies as an initial startup.
    (2) An estimate of the solvent loss in gallons for the duration of
the initial startup or malfunction period with supporting
documentation.
    (3) Nominal design rate of the extractor and operating rate of the
extractor for the duration of the initial startup period, or permitted
production rate and actual production rate of your source for the
duration of the initial startup period.
    (4) Measured values for temperature and pressure for the
desolventizing and oil distillation units associated with solvent
recovery.
    (5) Information to indicate the mineral oil absorption system was
operating at all times during the initial startup period.
    (6) Information to indicate the solvent condensers were operating
at all times during the initial startup period.
    (g) On and after [date 181 days after date of publication of final
rule in the Federal Register], keep the records of deviations specified
in paragraphs (f)(1) through (4) of this section for each compliance
determination you make in which the compliance ratio exceeds 1.00 as
determined under Sec.  63.2840(c) or if you deviate from the work
practice standard for an initial startup period subject to Sec.
63.2850(c)(2) or (d)(2).
    (1) The number of deviations, and the date, time, and duration of
each deviation.
    (2) A statement of the cause of each deviation (including unknown
cause, if applicable).
    (2) For each deviation, a list of the affected sources or
equipment, an estimate of the quantity of each regulated pollutant
emitted over any emission limit, and a description of the method used
to estimate the emissions.
    (3) Actions taken to minimize emissions in accordance with Sec.
63.2840(g), and any corrective actions taken to return the affected
unit to its normal or usual manner of operation.
    (4) If you deviate from the work practice standard for an initial
startup period, a description of the deviation from the work practice
standard.
    (h) Any records required to be maintained by this part that are
submitted electronically via 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 EPA as part
of an on-site compliance evaluation.
0
11. Section 63.2870 is amended by revising Table 1 to Sec.  63.2870 to
read as follows:

Sec.  63.2870  What parts of the General Provisions apply to me?

* * * * *

     Table 1 to Sec.   63.2870--Applicability of 40 CFR Part 63, Subpart A, to 40 CFR, Part 63, Subpart GGGG
----------------------------------------------------------------------------------------------------------------
                                      Subject of       Brief description
   General provisions citation         citation         of requirement    Applies to subpart      Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1.....................  Applicability.....  Initial             Yes...............
                                                       applicability
                                                       determination;
                                                       applicability
                                                       after standard
                                                       established;
                                                       permit
                                                       requirements;
                                                       extensions;
                                                       notifications.
Sec.   63.2.....................  Definitions.......  Definitions for     Yes...............  Except as
                                                       part 63 standards.                      specifically
                                                                                provided in this
                                                                                subpart.
Sec.   63.3.....................  Units and           Units and           Yes...............
                                   abbreviations.      abbreviations for
                                                       part 63 standards.
Sec.   63.4.....................  Prohibited          Prohibited          Yes...............
                                   activities and      activities;
                                   circumvention.      compliance date;
                                                       circumvention;
                                                       severability.
Sec.   63.5.....................  Construction/       Applicability;      Yes...............  Except for
                                   reconstruction.     applications;                           paragraphs in
                                                       approvals.                              Sec.   63.5 as
                                                                                listed below in
                                                                                this table.
Sec.   63.5(c)..................  [Reserved]........
Sec.   63.5(d)(1)(ii)(H)........  Application for     Type and quantity   No................  All sources emit
                                   approval.           of HAP, operating                       HAP. Subpart GGGG
                                                       parameters.                             does not require
                                                                                control from
                                                                                specific emission
                                                                                points.
Sec.   63.5(d)(1)(ii)(I)........  [Reserved]........

Sec.   63.5(d)(1)(iii), (d)(2),   ..................  Application for     No................  The requirements
 (d)(3)(ii).                                           approval.                               of the
                                                                                application for
                                                                                approval for new,
                                                                                reconstructed and
                                                                                significantly
                                                                                modified sources
                                                                                are described in
                                                                                Sec.   63.2860(b)
                                                                                and (c) of
                                                                                subpart GGGG.
                                                                                General provision
                                                                                requirements for
                                                                                identification of
                                                                                HAP emission
                                                                                points or
                                                                                estimates of
                                                                                actual emissions
                                                                                are not required.
                                                                                Descriptions of
                                                                                control and
                                                                                methods, and the
                                                                                estimated and
                                                                                actual control
                                                                                efficiency of
                                                                                such do not
                                                                                apply.
                                                                                Requirements for
                                                                                describing
                                                                                control equipment
                                                                                and the estimated
                                                                                and actual
                                                                                control
                                                                                efficiency of
                                                                                such equipment
                                                                                apply only to
                                                                                control equipment
                                                                                to which the
                                                                                subpart GGGG
                                                                                requirements for
                                                                                quantifying.
Sec.   63.6.....................  Applicability of    Applicability.....  Yes...............  Except for
                                   General                                                     paragraphs in
                                   Provisions.                                                 Sec.   63.6 as
                                                                                listed below in
                                                                                this table.
Sec.   63.6(b)(1) through (3)...  Compliance dates,   ..................  No................  Section 63.2834 of
                                   new and                                                     subpart GGGG
                                   reconstructed                                               specifies the
                                   sources.                                                    compliance dates
                                                                                for new and
                                                                                reconstructed
                                                                                sources.
Sec.   63.6(b)(6)...............  [Reserved]........
Sec.   63.6(c)(3) and (4).......  [Reserved]........
Sec.   63.6(d)..................  [Reserved]........
Sec.   63.6(e)(1)(i)............  Operation and       ..................  Yes, before [date   See Sec.
                                   Maintenance.                            181 days after      63.2840(g) for
                                                                           date of             general duty
                                                                           publication of      requirement.
                                                                           final rule in the
                                                                           Federal Register].
                                                                          No, on or after
                                                                           [date 181 days
                                                                           after date of
                                                                           publication of
                                                                           final rule in the
                                                                           Federal Register].
Sec.   63.6(e)(1)(ii)...........  Operation and       Requirement to      Yes, before [date   See Sec.
                                   Maintenance.        correct             181 days after      63.2840(g) for
                                                       malfunctions as     date of             general duty
                                                       soon as             publication of      requirement.
                                                       practicable..       final rule in the
                                                                           Federal Register].
                                                                          No, on or after
                                                                           [date 181 days
                                                                           after date of
                                                                           publication of
                                                                           final rule in the
                                                                           Federal Register].
Sec.   63.6(e)(3)(i) through      Operation and       ..................  Yes, before [date   Minimize emissions
 (e)(3)(ii) and Sec.               maintenance                             181 days after      to the extent
 63.6(e)(3)(v) through (vii).      requirements.                           date of             practicable. On
                                                                           publication of      or after [date
                                                                           final rule in the   181 days after
                                                                           Federal Register].  date of
                                                                                publication of
                                                                                final rule in the
                                                                                Federal
                                                                                Register], see
                                                                                Sec.   63.2840(g)
                                                                                for general duty
                                                                                requirement.

Sec.   63.6(e)(3)(iii)..........  Operation and       ..................  No................  Minimize emissions
                                   maintenance                                                 to the extent
                                   requirements.                                               practicable. On
                                                                                or after [date
                                                                                181 days after
                                                                                date of
                                                                                publication of
                                                                                final rule in the
                                                                                Federal
                                                                                Register], see
                                                                                Sec.   63.2840(g)
                                                                                for general duty
                                                                                requirement.
Sec.   63.6(e)(3)(iv)...........  Operation and       ..................  No................  Report SSM and in
                                   maintenance                                                 accordance with
                                   requirements.                                               Sec.   63.2861(c)
                                                                                and (d).
Sec.   63.6(e)(3)(viii).........  Operation and       ..................  Yes, before [date   Except, before
                                   maintenance                             181 days after      [date 181 days
                                   requirements.                           date of             after date of
                                                                           publication of      publication of
                                                                           final rule in the   final rule in the
                                                                           Federal Register].  Federal
                                                                          No, on or after      Register], report
                                                                           [date 181 days      each revision to
                                                                           after date of       your SSM plan in
                                                                           publication of      accordance with
                                                                           final rule in the   Sec.   63.2861(c)
                                                                           Federal Register].  rather than Sec.
                                                                                63.10(d)(5) as
                                                                                required under
                                                                                Sec.
                                                                                63.6(e)(3)(viii).
Sec.   63.6(e)(3)(ix)...........  Title V permit....  ..................  Yes, before [date
                                                                           181 days after
                                                                           date of
                                                                           publication of
                                                                           final rule in the
                                                                           Federal Register].
                                                                          No, on or after
                                                                           [date 181 days
                                                                           after date of
                                                                           publication of
                                                                           final rule in the
                                                                           Federal Register].
Sec.   63.6(f)(1)...............  Compliance with     Comply with         Yes, before [date
                                   nonopacity          emission            181 days after
                                   emission            standards at all    date of
                                   standards except    times except        publication of
                                   during SSM.         during SSM.         final rule in the
                                                                           Federal Register].
                                                                          No, on or after
                                                                           [date 181 days
                                                                           after date of
                                                                           publication of
                                                                           final rule in the
                                                                           Federal Register].
Sec.   63.6(f)(2) and (3).......  Methods for         ..................  Yes...............
                                   Determining
                                   Compliance.
Sec.   63.6(g)..................  Use of an           ..................  Yes...............
                                   Alternative
                                   Standard.
Sec.   63.6(h)..................  Opacity/Visible     ..................  No................  Subpart GGGG has
                                   emission (VE)                                               no opacity or VE
                                   standards.                                                  standards.
Sec.   63.6(i)..................  Compliance          Procedures and      Yes...............
                                   extension.          criteria for
                                                       responsible
                                                       agency to grant
                                                       compliance
                                                       extension.
Sec.   63.6(j)..................  Presidential        President may       Yes...............
                                   compliance          exempt source
                                   exemption.          category from
                                                       requirement to
                                                       comply with
                                                       subpart.
Sec.   63.7(e)(1)...............  Performance         Representative      Yes, before [date   See Sec.
                                   testing             conditions for      181 days after      63.2853(a)(5)(i)(
                                   requirements.       performance test.   date of             A) for
                                                                           publication of      performance
                                                                           final rule in the   testing
                                                                           Federal Register].  requirements.
                                                                          No, on or after
                                                                           [date 181 days
                                                                           after date of
                                                                           publication of
                                                                           final rule in the
                                                                           Federal Register].

Sec.   63.7(e)(2) through (4),    Performance         Schedule,           Yes...............  Subpart GGGG
 (f), (g), and (h).                testing             conditions,                             requires
                                   requirements.       notifications and                       performance
                                                       procedures.                             testing only if
                                                                                the source
                                                                                applies
                                                                                additional
                                                                                control that
                                                                                destroys solvent.
                                                                                Section
                                                                                63.2850(a)(6)
                                                                                requires sources
                                                                                to follow the
                                                                                performance
                                                                                testing
                                                                                guidelines of the
                                                                                General
                                                                                Provisions if a
                                                                                control is added.
Sec.   63.8.....................  Monitoring          ..................  No................  Subpart GGGG does
                                   requirements.                                               not require
                                                                                monitoring other
                                                                                than as specified
                                                                                therein.
Sec.   63.9.....................  Notification        Applicability and   Yes...............  Except for
                                   requirements.       state delegation.                       paragraphs in
                                                                                Sec.   63.9 as
                                                                                listed below in
                                                                                this table.
Sec.   63.9(b)(2)...............  Notification        Initial             No................  Section 63.2860(a)
                                   requirements.       notification                            of subpart GGGG
                                                       requirements for                        specifies the
                                                       existing sources.                       requirements of
                                                                                the initial
                                                                                notification for
                                                                                existing sources.
Sec.   63.9(b)(3) through (5)...  Notification        Notification        Yes...............  Except the
                                   requirements.       requirement for                         information
                                                       certain new/                            requirements
                                                       reconstructed                           differ as
                                                       sources.                                described in Sec.
                                                                                63.2860(b) of
                                                                                subpart GGGG.
Sec.   63.9(e)..................  Notification of     Notify responsible  Yes...............  Applies only if
                                   performance test.   agency 60 days                          performance
                                                       ahead.                                  testing is
                                                                                performed.
Sec.   63.9(f)..................  Notification of VE/ Notify responsible  No................  Subpart GGGG has
                                   opacity             agency 30 days                          no opacity or VE
                                   observations.       ahead.                                  standards.
Sec.   63.9(g)..................  Additional          Notification of     No................  Subpart GGGG has
                                   notifications       performance                             no CMS
                                   when using a        evaluation;                             requirements.
                                   continuous          Notification
                                   monitoring system   using COMS data;
                                   (CMS).              notification that
                                                       exceeded
                                                       criterion for
                                                       relative accuracy.
Sec.   63.9(h)..................  Notification of     Contents..........  No................  Section 63.2860(d)
                                   compliance status.                                          of subpart GGGG
                                                                                specifies
                                                                                requirements for
                                                                                the notification
                                                                                of compliance
                                                                                status.
Sec.   63.10....................  Recordkeeping/      Schedule for        Yes...............  Except for
                                   reporting.          reporting, record                       paragraphs in
                                                       storage.                                Sec.   63.10 as
                                                                                listed below in
                                                                                this table.
Sec.   63.10(b)(2)(i)...........  Recordkeeping.....  Record SSM event..  Yes, before [date   Before [date 181
                                                                           181 days after      days after date
                                                                           date of             of publication of
                                                                           publication of      final rule in the
                                                                           final rule in the   Federal
                                                                           Federal Register].  Register],
                                                                          No, on or after      applicable to
                                                                           [date 181 days      periods when
                                                                           after date of       sources must
                                                                           publication of      implement their
                                                                           final rule in the   SSM plan as
                                                                           Federal Register].  specified in
                                                                                subpart GGGG. On
                                                                                or after [date
                                                                                181 days after
                                                                                date of
                                                                                publication of
                                                                                final rule in the
                                                                                Federal
                                                                                Register], meet
                                                                                the requirements
                                                                                of Sec.
                                                                                63.2862(f).

Sec.   63.10(b)(2)(ii) and (iii)  Recordkeeping.....  Malfunction of air  No................  Before [date 181
                                                       pollution                               days after date
                                                       equipment.                              of publication of
                                                                                final rule in the
                                                                                Federal
                                                                                Register],
                                                                                applies only if