Code of Federal Regulations (alpha)

CFR /  Title 40  /  Part 63  /  Sec. 63.2833 Is my source categorized as existing or new?

(a) This subpart applies to each existing and new affected source. You must categorize your vegetable oil production process as either an existing or a new source in accordance with the criteria in Table 1 of this section, as follows:

Table 1 to Sec. 63.2833--Categorizing Your Source as Existing or New------------------------------------------------------------------------

Then your affected

(1) was constructed or began reconstruction has is an existing

construction before May 26, not occurred. source.

2000.

(2) began reconstruction, as (i) reconstruction remains an

defined in Sec. 63.2, on or was part of a existing source.

after May 26, 2000. scheduled plan to

comply with the

existing source

requirements of

this subpart; and.

(ii)

reconstruction

was completed no

later than 3

years after the

effective date of

this subpart.(3) began a significant the modification remains an

modification, as defined in does not existing source.

Sec. 63.2872, at any time on constitute

an existing source. reconstruction.(4) began a significant the modification remains a new

modification, as defined in does not source.

Sec. 63.2872, at any time on constitute

a new source. reconstruction.(5) began reconstruction on or reconstruction was is a new source

after May 26, 2000. completed later

than 3 years

after the

effective date of

this subpart.(6) began construction on or .................. is a new source.

after May 26, 2000.------------------------------------------------------------------------

(b) Reconstruction of a source. Any affected source is reconstructed if components are replaced so that the criteria in the definition of reconstruction in Sec. 63.2 are satisfied. In general, a vegetable oil production process is reconstructed if the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost for constructing a new vegetable oil production process, and it is technically and economically feasible for the reconstructed source to meet the relevant new source requirements of this subpart. The effect of reconstruction on the categorization of your existing and new affected source is described in paragraphs (b)(1) and (2) of this section:

(1) After reconstruction of an existing source, the affected source is recategorized as a new source and becomes subject to the new source requirements of this subpart.

(2) After reconstruction of a new source, the affected source remains categorized as a new source and remains subject to the new source requirements of this subpart.

(c) Significant modification of a source. A significant modification to an affected source is a term specific to this subpart and is defined in Sec. 63.2872.

(1) In general, a significant modification to your source consists of adding new equipment or the modification of existing equipment within the affected source that significantly affects solvent losses from the affected source. Examples include adding or replacing extractors, desolventizer-toasters (conventional and specialty), and meal dryer-coolers. All other significant modifications must meet the criteria listed in paragraphs (c)(1)(i) and (ii) of this section:

(i) The fixed capital cost of the modification represents a significant percentage of the fixed capital cost of building a comparable new vegetable oil production process.

(ii) It does not constitute reconstruction as defined in Sec. 63.2.

(2) A significant modification has no effect on the categorization of your source as existing and new. An existing source remains categorized as an existing source and subject to the existing source requirements of this subpart. A new source remains categorized as a new source and subject to the new source requirements of this subpart.

(d) Changes in the type of oilseed processed by your affected source does not affect the categorization of your source as new or existing. Recategorizing an affected source from existing to new occurs only when you add or modify process equipment within the source which meets the definition of reconstruction.