40 CFR 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 § 63.2833 - Categorizing Your Source as Existing or New
|If your affected source. . .||And if. . .||Then your affected source. . .|
|(1) was constructed or began construction before May 26, 2000||reconstruction has not occurred||is an existing source.|
|(2) began reconstruction, as defined in § 63.2, on or after May 26, 2000||(i) reconstruction was part of a 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
|remains an existing source.|
|(3) began a significant modification, as defined in § 63.2872, at any time on an existing source||the modification does not constitute reconstruction||remains an existing source.|
|(4) began a significant modification, as defined in § 63.2872, at any time on a new source||the modification does not constitute reconstruction||remains a new source.|
|(5) began reconstruction on or after May 26, 2000||reconstruction was completed later than 3 years after the effective date of this subpart||is a new source|
|(6) began construction on or after May 26, 2000||is a new source.|
(b) Reconstruction of a source. Any affected source is reconstructed if components are replaced so that the criteria in the definition of reconstruction in § 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 § 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 § 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.
Title 40 published on 2015-07-01
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR Part 63 after this date.