---
kind: "section"
citation: "40 C.F.R. § 63.2832"
title: "40"
number: "63.2832"
heading: "Am I subject to this subpart?"
url: "https://uscodex.org/cfr/40/63.2832"
---

# §63.2832. Am I subject to this subpart?

- (a) You are an affected source subject to this subpart if you meet all of the criteria listed in paragraphs [(a)(1)](#a-1) and [(2)](#a-2) of this section:
  - (1) You own or operate a vegetable oil production process that is a major source of HAP emissions or is collocated within a plant site with other sources that are individually or collectively a major source of HAP emissions.
    - (i) A vegetable oil production process is defined in [§ 63.2872](/cfr/40/63.2872.md). In general, it is the collection of continuous process equipment and activities that produce crude vegetable oil and meal products by removing oil from oilseeds listed in Table 1 to [§ 63.2840](/cfr/40/63.2840.md) through direct contact with an organic solvent, such as a hexane isomer blend.
    - (ii) A major source of HAP emissions is a plant site that emits or has the potential to emit any single HAP at a rate of 10 tons (9.07 megagrams) or more per year or any combination of HAP at a rate of 25 tons (22.68 megagrams) or more per year.
  - (2) Your vegetable oil production process processes any combination of eight types of oilseeds listed in [paragraphs (a)(2)(i) through (viii)](#a-2-i..a-2-viii) of this section:
    - (i) Corn germ;
    - (ii) Cottonseed;
    - (iii) Flax;
    - (iv) Peanut;
    - (v) Rapeseed (for example, canola);
    - (vi) Safflower;
    - (vii) Soybean; and
    - (viii) **Sunflower.**
- (b) You are not subject to this subpart if your vegetable oil production process meets any of the criteria listed in [paragraphs (b)(1) through (4)](#b-1..b-4) of this section:
  - (1) It uses only mechanical extraction techniques that use no organic solvent to remove oil from a listed oilseed.
  - (2) **It uses only batch solvent extraction and batch desolventizing equipment.**
  - (3) It processes only agricultural products that are not listed oilseeds as defined in [§ 63.2872](/cfr/40/63.2872.md).
  - (4) **It functions only as a research and development facility and is not a major source.**
- (c) As listed in [§ 63.1(c)(5)](/cfr/40/63.1.md?p=c-5) of the General Provisions, if your HAP emissions increase such that you become a major source, then you are subject to all of the requirements of this subpart.

## Notes

### Source

Source: 66 FR 19011, Apr. 12, 2001, unless otherwise noted.

### Authority

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

### Source

Source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.
