[Federal Register Volume 64, Number 129 (Wednesday, July 7, 1999)]
[Rules and Regulations]
[Pages 36580-36586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17207]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9 and 430
[FRL-6372-9]
RIN 2040-AD05
Amendment to the Effluent Limitations Guidelines and Standards
for the Bleached Papergrade Kraft and Soda Subcategory of the Pulp,
Paper, and Paperboard Point Source Category: Final Rule; OMB Approvals
Under the Paperwork Reduction Act: Technical Amendments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical amendments.
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SUMMARY: This action promulgates an amendment to the effluent
limitations guidelines and standards under the Clean Water Act for the
pulp, paper and paperboard point source category. The amendment affects
only existing direct discharging mills in the Bleached Papergrade Kraft
and Soda Subcategory that choose to enroll in the Voluntary Advanced
Technology Incentives Program (VATIP). EPA established the VATIP as
part of the final Pulp and Paper ``Cluster Rules'' on April 15, 1998.
Today's amendment adds a component to the VATIP. This amendment
requires a plan (referred to as the ``Milestones Plan'') specifying
research, construction, and other activities leading to achievement of
the VATIP effluent limitations with accompanying dates for achieving
these milestones. The purpose of the Milestones Plan is to provide the
permitting authority with mill-specific information upon which to base
permit requirements reflecting reasonable interim milestones. In
compliance with the Paperwork Reduction Act (PRA), this action also
makes a technical amendment to the table in Part 9 that lists the
Office of Management and Budget (OMB) control numbers issued under the
PRA for Pulp, Paper, and Paperboard Point Source Category. EPA is
amending Part 9 to include the OMB control number for the Milestones
Plan requirement being promulgated today and the OMB control number for
the information collection requirements associated with the best
management practices regulations promulgated last year as part of the
Cluster Rules.
DATES: The effective date of these amendments is August 6, 1999. For
compliance dates, see the SUPPLEMENTARY INFORMATION section under the
heading ``Compliance Dates.''
ADDRESSES: The public record (excluding confidential business
information) for this rulemaking is available for review at the EPA's
Water Docket, 401 M Street, SW, Washington DC, 20460. For access to
docket materials, call (202) 260-3027 between 9:00 a.m. and 3:30 p.m.
for an appointment.
FOR FURTHER INFORMATION CONTACT: Mr. Mark A. Perez, Engineering and
Analysis Division (4303), U.S. Environmental Protection Agency, 401 M
Street SW, Washington, D.C. 20460; call (202) 260-2275 or e-mail:
perez.mark@epa.gov. Information is also available from the EPA pulp and
paper website: http://www.epa.gov/OST/pulppaper.
SUPPLEMENTARY INFORMATION:
Overview
This preamble describes the legal authority for the amendment to
Part 430, background information on the VATIP, and the rationale for
the Milestones Plan. It also discusses the technical amendment to Part
9.
Regulated Entities
Entities potentially regulated by the amendment to Part 430 are
those existing, direct discharging mills that chemically pulp wood
fiber using kraft or soda methods to produce bleached papergrade pulp
and/or bleached paper or paperboard, if they choose to enroll in the
VATIP. Entities affected by the technical amendment to Part 9 are those
operations that chemically pulp wood fiber using kraft, sulfite, or
soda methods to produce bleached papergrade pulp and/or bleached paper/
paperboard, insofar as today's technical amendment means the mills in
Subparts B and E are now required to comply with the information
collection requirements contained in 40 CFR 430.03 (subject to the
deadlines in 40 CFR 430.03(j)). Regulated categories and entities
include:
[[Page 36581]]
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Examples of regulated
Category Rule SIC code NAICS code entities
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Industry................ Amendment to Part 430................... 2611, 2621................ 32211, 322121................. Existing, direct
discharging Bleached
Papergrade Kraft and
Soda mills that choose
to enroll in the
Voluntary Advanced
Technology Incentives
Program.
Industry................ Amendment to Part 9..................... 2611, 2621................ 32211, 322121................. Mills that chemically
pulp wood fiber using
kraft, sulfite, or soda
methods to produce
bleached papergrade
pulp and/or bleached
paper/paperboard.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by today's
actions. This table lists the types of entities that EPA is now aware
could potentially be regulated by today's actions. Other types of
entities not listed in the table could also be affected. To determine
whether your facility is regulated by today's actions, you should
carefully examine the applicability criteria in Section 430.20 of Title
40 of the Code of Federal Regulations. If you have questions regarding
the applicability of today's actions to a particular entity, consult
the person listed in the preceding FOR FURTHER INFORMATION CONTACT
section.
Judicial Review
In accordance with 40 CFR 23.2, today's rule shall be considered
promulgated for the purposes of judicial review at 1 pm Eastern Time on
July 21, 1999. Under section 509(b)(1) of the Clean Water Act (CWA),
judicial review of today's amendment to the effluent limitations
guidelines and standards already codified at 40 CFR Part 430 is
available in the United States Court of Appeals by filing a petition
for review within 120 days from the date of promulgation of this
amendment. Under section 509(b)(2) of the CWA, the requirements in this
regulation may not be challenged later in civil or criminal proceedings
brought by EPA to enforce these requirements.
Compliance Dates
Existing, direct dischargers presently enrolled or intending to
enroll in the Voluntary Advanced Technology Incentives Program must
comply with the requirements of this amendment by October 5, 1999, or
by the date the discharger applies for a National Pollutant Discharge
Elimination System (NPDES) permit containing limitations and conditions
based on 40 CFR 430.24(b), whichever is later.
I. Legal Authority
This regulation establishes requirements for submitting a
Milestones Plan by existing, direct discharging mills that choose to
enroll in the Voluntary Advanced Technology Incentives Program (VATIP).
This amendment to Part 430 is promulgated under the authority of
Sections 301, 304, 308, 402, and 501 of the Clean Water Act, as
amended, (33 U.S.C. 1311, 1314, 1318, 1342, and 1361), and Section 112
of Clean Air Act, as amended (42 U.S.C. 7412). The technical amendment
to Part 9 is promulgated under the authority of 7 U.S.C 135 et seq.,
136-136y; 15 U.S.C. 2001, 2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j,
346a, 348; 31 U.S.C. 9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314,
1318, 1321, 1326, 1330, 1342, 1344, 1345(d) and (e), 1361; E.O. 11735,
38 FR 21243, 3 CFR, 1971-1975 Comp. # 973; 42 U.S.C. 241, 242b, 243,
246, 300f, 300g, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-
1, 300j-2, 300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-
7671q, 7542, 9601-9657, 11023, 11048.
II. The Milestones Plan Amendment
A. Background on the Voluntary Advanced Technology Incentives Program
EPA promulgated effluent limitations guidelines and standards for
the Bleached Papergrade Kraft and Soda (Subpart B) subcategory of the
pulp, paper and paperboard point source category on April 15, 1998 (40
CFR Part 430). Those regulations are commonly referred to as the
Cluster Rules. In Section 430.24 of the final rule, EPA created the
Voluntary Advanced Technology Incentives Program (VATIP), whereby
participating mills agree to accept enforceable effluent limitations
and conditions in their National Pollutant Discharge Elimination System
(NPDES) permits that are more stringent than the baseline Best
Available Technology Economically Achievable (BAT) limitations that
would otherwise apply, in exchange for regulatory-and enforcement-
related rewards and incentives.
The VATIP effluent limitations for existing, direct discharging
mills are specified in 40 CFR 430.24(b). EPA established the VATIP for
Subpart B to encourage direct discharging mills to move beyond baseline
BAT technologies toward the ``mill of the future,'' which EPA believes
will have a minimum impact on the environment. The development of
increasingly more advanced process technologies that minimize the
discharge of wastewater and wastewater pollutants is a critical step
toward the Clean Water Act's ultimate goal of eliminating the discharge
of pollutants into the Nation's waters. Therefore, the VATIP promotes
EPA's statutory goal and establishes limitations that act as a beacon
to show what is possible. (EPA also established an incentives program
for new direct discharging sources, see 40 CFR 430.25(c), but today's
amendment does not apply to that program.)
Existing, direct discharging mills that enroll in the VATIP can
choose among three different levels of ultimate performance
requirements, expressed as Tier I, Tier II, or Tier III. Tier III is
the most stringent of the tiers. Each BAT Tier is made up of an array
of increasingly more stringent effluent limitations in the form of
enforceable milestones. See, e.g., 40 CFR 430.24(b)(2). Each tier
culminates in the ultimate performance requirements of that particular
tier. See 40 CFR 430.24(b)(4)(I). EPA is providing incentives that
include additional time for achieving those requirements. Mills
enrolled at BAT Tier I have until April 15, 2004 to achieve their
ultimate VATIP effluent limitations. For Tier II, the date is April 15,
2009, and for Tier III the date is April 15, 2014. See 40 CFR
430.24(b)(4)(ii). For further details on the incentives associated with
this voluntary program, see Section IX of the preamble to the Cluster
Rules (63 FR 18504, 18593-611 (April 15, 1998)) and The Voluntary
Advanced Technology Incentives Program Technical Support Document (DCN
14488 in the rulemaking record).
In order to facilitate achievement of the ultimate VATIP
limitations required by this program, today's rule requires all
existing mills participating in the VATIP to submit a Milestones Plan
to the NPDES permitting authority detailing, for each enrolled fiber
line,
[[Page 36582]]
the strategy the mill will follow to develop and implement the
technologies or processes it intends to use to achieve the VATIP
limitations associated with the chosen incentive tier. EPA proposed
this amendment at the same time it promulgated the Cluster Rules,
including the VATIP. See 63 FR 18796 (April 15, 1998).
B. Rationale for the Milestones Plan
The Milestones Plan described in this amendment to 40 CFR 430.24 is
intended to provide information to the permitting authority for its use
in developing interim limitations and/or permit conditions under 40 CFR
430.24(b)(2). The purpose of those limitations and conditions,
identified as Best Professional Judgment Milestones in the current
regulation, is to ensure that existing mills enrolled in the VATIP will
make reasonable progress toward the achievement of the interim and
ultimate Voluntary Advanced Technology BAT limitations codified at 40
CFR 430.24(b)(3) and (4). The Milestones Plan required by today's rule
is not itself enforceable, but rather serves as the basis for the Best
Professional Judgment Milestones limitations and conditions, which are
enforceable. EPA intends that an individualized Milestones Plan for
each existing mill enrolled in the VATIP will provide sufficient
flexibility to the mill and the permitting authority so that the Best
Professional Judgment Milestones limitations and conditions in the
NPDES permit can reflect the unique situation at that mill.
C. Description of the Milestones Plan
The Milestones Plan requirement is codified at 40 CFR 430.24(c).
The Milestones Plan, which must address each fiber line enrolled in the
VATIP, must describe each envisioned new technology component or
process modification the mill intends to implement in order to achieve
the applicable Voluntary Advanced Technology BAT limits. See 40 CFR
430.24(c)(1). In addition, the Milestones Plan must include a master
schedule showing the sequence of implementing the new technologies and
process modifications and identifying critical path relationships
within the sequence. See 40 CFR 430.24(c)(2).
The Milestones Plan must include for each new technology or process
modification, a schedule that identifies the anticipated initiation and
completion dates of construction, installation and operational
``shakedown'' period associated with the technology components or
process modifications and, when applicable, the anticipated dates of
initiation and completion of associated research, process development,
and mill trials. EPA expects research, process development, and mill
trials to be undertaken for those technologies or process modifications
that are not commercially available or demonstrated on a full-scale
basis at the time the plan is developed. The Milestones Plan must also
include the anticipated dates that the technologies and processes
identified in the Milestones Plan will be fully operational, including
the appropriate anticipated magnitude of reductions in effluent
quantity and anticipated improvements in effluent quality associated
with each technology and process modification implemented as measured
at the bleach plant (for bleach plant, pulping area and evaporator
condensates flow and BAT parameters other than Adsorbable Organic
Halides (AOX)) and at the end of the pipe (for AOX), and the dates the
discharger expects those reductions and improvements to be achieved.
See 40 CFR 430.24(c)(3). The anticipated reductions in effluent
quantity and improvement in effluent quality described in the
Milestones Plan will assist the permitting authority in establishing
interim milestones.
The plan also must include contingency plans in the event that any
of the technologies or processes specified in the Milestones Plan need
to be adjusted or alternative approaches developed to ensure that the
VATIP limitations are achieved by the dates specified in 40 CFR
430.24(b). See 40 CFR 430.24(c)(4). EPA believes that contingency
planning is appropriate because mills may decide to employ innovative
or untested technologies and processes to achieve the VATIP
limitations, and EPA wants to ensure that achievement of those
limitations will not be delayed in the event certain preliminary
approaches prove to be unsuccessful. Indeed, the time periods specified
for complying with the ultimate Tier II and Tier III VATIP limitations
specifically took into account the uncertainties surrounding some of
the associated technologies and processes. See 63 FR at 18605. The
Milestones Plan must be signed by the responsible corporate officer as
defined in 40 CFR 122.22. See 40 CFR 430.24(c)(5).
Mills at all Tier levels are encouraged to provide, as an appendix
to the Milestones Plan, vendor documentation or preliminary studies.
Mills enrolling in either Tier II or III levels are also encouraged to
provide feasibility studies, research proposals and reports, and
literature on minimum effluent technology. Mills enrolling in the Tier
III level are additionally encouraged to provide literature on closed
cycle technology.
D. Permit Writers' Responsibilities
EPA expects the permitting authority to use the information
contained in these Milestones Plans, as well as its own best
professional judgment, to establish enforceable narrative or numeric
limitations and/or special permit conditions that reflect these interim
milestones. EPA also expects permit writers to include reopener clauses
in the permits to adjust these limitations and conditions as
appropriate to reflect the results of research, process development,
mill trials, and contingencies the permit writer gathers during
periodic review of the mill's progress in implementation of the
Milestones Plan.
E. Changes Since Proposal
EPA received comments on the proposed Milestones Plan regulation
indicating that a mill may wish to claim as Confidential Business
Information (CBI) the technologies or processes by which it intends to
achieve the interim and ultimate VATIP limitations. EPA agrees that
this situation could occur. Therefore, although not required to do so,
because Part 2 controls in any case, EPA is including language in the
final rule in Section 430.24(c) specifically indicating that a mill can
claim all or part of the Milestones Plan as confidential. To assert
such claims, the discharger would need to follow procedures set forth
in 40 CFR Part 2 and 40 CFR 122.7. Such claims would then be handled
pursuant to 40 CFR Part 2 when EPA is the permitting authority and
pursuant to applicable state rules and regulations governing CBI when
states are the permitting authorities.
Today's final regulation also requires mills asserting a CBI claim
to prepare a public summary of the confidential portion of the plan and
to submit that summary to the permitting authority along with the
Milestones Plan. This requirement would allow the public, on request,
to obtain information about the mill's progress in achieving its VATIP
limitations.
Today's final regulation also corrects an inadvertent omission that
occurred in the proposal. In the preamble to the proposed rule, EPA
described the proposed rule as including a requirement for mills to
describe in the Milestones Plan the anticipated reductions in effluent
quantity and improvements in effluent quality as measured at the bleach
plant (for bleach
[[Page 36583]]
plant, pulping area and evaporator condensates flow and BAT parameters
other than Adsorbable Organic Halides (AOX)) and at the end of the pipe
(for AOX). See 63 FR at 18798. EPA intended to include this provision
in the proposed regulatory text as well as in the preamble, but did not
do so. Today's final regulation incorporates this provision at Section
430.24(c)(3). In the final regulation, EPA is also clarifying that the
requirement to include contingency plans in the Milestones Plan is a
stand-alone requirement rather than simply a facet of the milestone
schedules, as may have been implied by the proposal. This provision is
now set forth at 40 CFR 430.24(c)(4). EPA is also making minor
additional changes to enhance clarity. The burden estimates developed
by EPA for these provisions under the Paperwork Reduction Act reflected
the requirements as promulgated today rather than as set forth in the
proposed regulatory text.
III. The Technical Amendments to Part 9
EPA is also amending the table of currently approved information
collection request (ICR) control numbers issued by the Office of
Management and Budget (OMB) for various regulations. Today's amendment
updates the table to list the information requirements promulgated
under today's Milestones Plan amendment, as well as the information
requirements for direct and indirect dischargers associated with the
best management practices (BMPs) promulgated as part of the Pulp and
Paper Cluster Rules, which appeared in the Federal Register on April
15, 1998. See 63 FR 18504. The affected regulations are codified at 40
CFR 430.24(c) (the Milestones Plan) and 40 CFR 430.03 (BMPs). The OMB
control number for 40 CFR 430.24 is 2040-0202 and 40 CFR 430.03 is
2040-0207.
EPA will continue to present OMB control numbers in a consolidated
table format to be codified in 40 CFR Part 9 of the Agency's
regulations, and in each CFR volume containing EPA regulations. The
table lists CFR citations with reporting and/or recordkeeping
requirements, and the current OMB control numbers. This listing of the
OMB control numbers and their subsequent codification in the CFR
satisfies the requirements of the Paperwork Reduction Act (44 U.S.C.
3501 et seq.) and OMB's implementing regulations at 5 CFR Part 1320.
These ICRs were previously subject to public notice and comment
prior to OMB approval. See 63 FR 71634 (Dec. 28, 1998) (BMPs); 63 FR
57294 (Oct. 27, 1998) (Milestones Plan). As a result, EPA finds that
there is ``good cause'' under section 553(b)(B) of the Administrative
Procedure Act, 5 U.S.C. 553(b)(B), to amend this table without prior
notice and comment. Due to the technical nature of the table, further
notice and comment would be unnecessary.
As a result of today's technical amendment pertaining to BMPs, EPA
is now authorized under the Paperwork Reduction Act to conduct or
sponsor the information collection requirements in 40 CFR 430.03.
Similarly, all dischargers subject to those requirements now are
required to comply with them, consistent with the deadlines set forth
in 40 CFR 430.03(j). The substantive BMP provisions covered by the OMB
control number are 40 CFR 430.03(c), (d), (e), (f), (g), (h), and (I).
IV. Administrative Requirements for the Amendment to Part 430
A. Executive Order 12866, Regulatory Planning and Review
Under Executive Order 12866, 58 FR 51735 (October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, it has been
determined that this rule is not a ``significant regulatory action''
and is therefore not subject to OMB review.
B. Regulatory Flexibility Act as Amended by the Small Business
Regulatory Enforcement Fairness Act
Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq. as
amended by the Small Business Regulatory Enforcement Fairness Act, EPA
generally is required to prepare a regulatory flexibility analysis
describing the impact of a regulatory action on small entities as part
of the rulemaking. The RFA defines ``small entity'' to mean a small
business, small organization or small governmental jurisdiction. Under
section 605(b) of the RFA, if the Administrator certifies that the rule
will not have a significant economic impact on a substantial number of
small entities, EPA is not required to prepare a regulatory flexibility
analysis.
Pursuant to section 605(b) of the Regulatory Flexibility Act, 5
U.S.C. 605(b), the Administrator certifies that this rule will not have
a significant economic impact on a substantial number of small entities
because there are no small entities subject to the rule. At the time
EPA published the Cluster Rule, EPA had determined that there were only
three mills in Subpart B that were owned by small businesses (where
small businesses are defined as firms employing no more than 750
workers) (63 FR 18504, 18611-12 (April 15, 1998)). EPA has since
determined that there are no longer any small businesses in Subpart B
because these mills are no longer owned by firms with fewer than 750
employees. The mills that were owned by small firms have been bought by
larger firms or are owned by companies that have increased in size.
C. Paperwork Reduction Act
The Office of Management and Budget (OMB) has approved the
information collection requirements contained in this rule under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number 2040-0202.
These information collection activities consist of a Milestones
Plan to be submitted by facilities that enroll in the Voluntary
Advanced Technology Incentives Program (VATIP) to the NPDES permitting
authority. This Milestones Plan specifies research, construction, and
other activities leading to achievement of the VATIP effluent
limitations with accompanying dates for achieving these milestones. The
purpose of the Milestones Plan is to provide the permitting authority
with mill-specific information upon which to base permit requirements
reflecting reasonable interim milestones. A facility may submit their
Milestones Plan to the NPDES permitting authority as confidential
business information (CBI), however, the mill must prepare and submit
to the NPDES permitting authority a summary of the plan for public
release.
EPA estimates 56, 154, and 328 hours for the preparation and
submittal of the
[[Page 36584]]
Milestones Plan for mills enrolling in Tier I, Tier II, and Tier III of
the VATIP, respectively. The Agency anticipates 14 mills to enroll in
Tier I, 13 mills to enroll in Tier II, and 2 mills to enroll in Tier
III.
Estimating $65 and $100 per hour for process engineering time and
senior management time, respectively (labor plus overhead), mills will
incur a one-time cost burden of $3,990 for enrollment in Tier I,
$11,120 for enrollment in Tier II, and $23,840 for enrollment in Tier
III. These estimates include vendor documentation or preliminary
studies at all Tier levels and additional feasibility studies, research
proposals and reports, and literature at Tier II and III levels.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes time
needed to: review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information and
disclosing and providing information; adjust the existing ways to
comply with previously applicable instructions and requirements; train
personnel to be able to respond to the collection of information;
search data sources; complete and review the collection of information
and transmit or otherwise disclose the information.
An Agency may not conduct or sponsor a collection of information,
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 PRA's regulations are listed in 40 CFR Part 9 and
48 CFR Chapter 15. EPA is amending the table in 40 CFR Part 9 of
currently approved ICR control numbers issued by OMB for various
regulations to list the information requirements contained in this
final rule.
D. Unfunded Mandates Reform Act (UMRA)
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
EPA published a notice of proposed rulemaking for today's amendment
at 63 FR 18796 (April 15, 1998). Today's rule contains no Federal
mandates (under the provisions of Title II of the UMRA) for State,
local, or tribal governments or the private sector. The rule imposes no
enforceable duty on any State, local or tribal governments or the
private sector. The VATIP, which now requires the submission of a
Milestones Plan, is a voluntary program. The UMRA excludes from the
definition of ``Federal private sector mandate'' duties that arise from
participation in a Federal voluntary program. Thus, this rule is not
subject to the requirements of sections 202 and 205 of the UMRA.
Further, EPA has determined that this rule does not affect any small
governments. The rule contains no regulatory requirements that might
significantly or uniquely affect small governments. Thus, this rule is
not subject to the requirements of section 203 of UMRA.
E. Executive Order 12875, Enhancing the Intergovernmental Partnership
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a State, local
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, Executive Order 12875 requires EPA to provide to OMB a
description of the extent of EPA's prior consultation with
representatives of affected State, local and tribal governments, the
nature of their concerns, any written communications from the
governments, and a statement supporting the need to issue the
regulation. In addition, Executive Order 12875 requires EPA to develop
an effective process permitting elected officials and other
representatives of State, local and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.''
Today's amendment to Part 430 does not create a mandate on State,
local or tribal governments. The rule does not impose any enforceable
duties on these entities. Accordingly, the requirements of section 1(a)
of Executive Order 12875 do not apply to this rule.
F. Executive Order 13084, Consultation and Coordination With Indian
Tribal Governments
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to OMB, in a separately identified section of
the preamble to the rule, a description of the extent of EPA's prior
consultation with representatives of affected tribal governments, a
summary of the nature of their concerns, and a statement supporting the
need to issue the regulation. In addition, Executive Order 13084
requires EPA to develop an effective process permitting elected
officials and other representatives of Indian tribal governments ``to
provide meaningful and timely input in the development of regulatory
policies on matters that significantly or uniquely affect their
communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. Today's amendment to Part 430
does not create a mandate on tribal governments. It does not impose any
enforceable duties or substantial direct compliance costs on them.
Accordingly, the requirements of
[[Page 36585]]
Section 3(b) of Executive Order 13084 do not apply to this rule.
G. Executive Order 12898
Executive Order 12898 directs Federal agencies to ``determine
whether their programs, policies, and activities have disproportionally
high adverse human health or environmental effects on minority
populations and low-income populations.'' (Sec. 3-301 and Sec. 3-302).
This rule will not have any adverse health or environmental effects on
those populations.
H. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule initiated after April 21, 1997, or proposed after April 21, 1998,
that (1) is determined to be ``economically significant'' as defined
under Executive Order 12866; and (2) concerns an environmental health
or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
these criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
Today's amendment to Part 430 is not subject to Executive Order
13045 because the Notice of Proposed Rulemaking was published before
April 21, 1998, and because it is not an economically significant rule
as defined under Executive Order 12866.
I. National Technology Transfer and Advancement Act
As noted in the proposed rule, Section 12(d) of the National
Technology Transfer and Advancement Act (``NTTAA''), Public Law 104-
113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus
standards in its regulatory activities unless to do so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, business practices)
that are developed or adopted by voluntary consensus standards bodies.
The NTTAA directs EPA to provide Congress, through the Office of
Management and Budget, an explanation when the Agency decides not to
use available and potentially applicable voluntary consensus standards.
This action does not involve technical standards. Therefore, EPA did
not consider the use of any voluntary consensus standards.
V. Administrative Requirements for the Technical Amendments to Part
9
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
technical amendment to Part 9 is not a ``significant regulatory
action'' and is therefore not subject to review by the Office of
Management and Budget. In addition, the technical amendment does not
impose any enforceable duty, contain any unfunded mandate, or impose
any significant or unique impact on small governments as described in
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). The technical
amendment also does not require prior consultation with State, local,
and tribal government officials as specified by Executive Order 12875
(58 FR 58093, October 28, 1993) or Executive Order 13084 (63 FR 27655
(May 10, 1998), or involve special consideration of environmental
justice related issues as required by Executive Order 12898 (59 FR
7629, February 16, 1994). Because this action is not subject to notice-
and-comment requirements under the Administrative Procedure Act or any
other statute, it is not subject to the regulatory flexibility
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
This portion of today's rule also is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997) because it is not economically
significant as defined under Executive Order 12866. Further, EPA
interprets Executive Order 13045 as applying only to those regulatory
actions that are based on health or safety risks, such that the
analysis required under section 5-501 of the Order has the potential to
influence the regulation. Today's technical amendment is not subject to
Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks. EPA's compliance
with these statutes and Executive Orders for the underlying
requirements is discussed above for the Milestones Plan and, for the
BMP requirements in the Federal Register Final Rule publishing those
requirements. See 63 FR at 18611-16 (April 15, 1998).
VI. Congressional Review Act
The Congressional Review Act, 5 U.S.C. Section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and the technical amendments and other required information to the
U.S. Senate, the U.S. House of Representatives, and the Comptroller
General of the United States prior to publication of the rule in the
Federal Register. A major rule cannot take effect until 60 days after
it is published in the Federal Register. This action is not a major
rule as defined by 5 U.S.C. Section 804(2). This rule will be effective
August 6, 1999.
List of Subjects
40 CFR Part 9
Reporting and recordkeeping requirements.
40 CFR Part 430
Environmental protection, Pulp and paper products industry,
Reporting and recordkeeping requirements, Water pollution control.
Dated: June 30, 1999.
Carol M. Browner,
Administrator.
For the reasons set forth in the preamble, title 40 chapter I of
the Code of Federal Regulations, parts 9 and 430, are amended as
follows:
PART 9--OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT
1. The authority citation for part 9 continues to read as follows:
Authority: 7 U.S.C 135 et seq., 136-136y; 15 U.S.C. 2001, 2003,
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330,
1342, 1344, 1345(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g,
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2,
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542,
9601-9657, 11023, 11048.
2. In Sec. 9.1, the table is amended by adding entries in numerical
order under the indicated heading ``Pulp, Paper, and Paperboard Point
Source Category'' and by removing the entry for ``430.24-430.27'' to
read as follows:
Sec. 9.1 OMB approvals under the Paperwork Reduction Act.
------------------------------------------------------------------------
OMB control
40 CFR citation No.
------------------------------------------------------------------------
* * * * *
Pulp, Paper, and Paperboard Point Source Category:
* * * * *
430.03................................................... 2040-0207
[[Page 36586]]
* * * * *
430.24(a)................................................ 2040-0033
430.24(b)................................................ 2040-0033
2040-0202
430.24(c)................................................ 2040-0202
430.24(d)................................................ 2040-0033
430.24(e)................................................ 2040-0033
430.25-430.27............................................ 2040-0033
* * * * *
------------------------------------------------------------------------
PART 430--THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY
1. The authority citation for part 430 continues to read as
follows:
Authority: Sections 301, 304, 306, 307, 308, 402, and 501 of the
Clean Water Act, as amended, (33 U.S.C. 1311, 1314, 1316, 1317,
1318, 1342, and 1361), and Section 112 of Clean Air Act, as amended
(42 U.S.C. 7412).
2. Section 430.24 is amended by revising paragraph (b)(2) and
adding paragraph (c) to read as follows:
Sec. 430.24 Effluent limitations representing the degree of effluent
reduction attainable by the application of best available technology
economically achievable (BAT).
* * * * *
(b) * * *
(2) Best Professional Judgment Milestones: Narrative or numeric
limitations and/or special permit conditions, as appropriate,
established by the permitting authority on the basis of his or her best
professional judgment that reflect reasonable interim milestones toward
achievement of the effluent limitations specified in paragraphs (b)(3)
and (b)(4) of this section, as applicable, after consideration of the
Milestones Plan submitted by the discharger in accordance with
paragraph (c) of this section.
* * * * *
(c) All dischargers enrolled or intending to enroll in the
Voluntary Advanced Technology Incentives Program must submit to the
NPDES permitting authority a Milestones Plan covering all fiber lines
enrolled or intended to be enrolled in that program at their mill by
October 5, 1999 or the date the discharger applies for an NPDES permit
containing limitations and conditions based on paragraph (b) of this
section, whichever is later. Mills may claim all or part of the
Milestones Plan as confidential business information (CBI) in
accordance with 40 CFR Part 2 and 40 CFR 122.7. If a mill claims all or
part of the plan as CBI, the mill must prepare and submit to the NPDES
permitting authority a summary of the plan for public release. The
Milestones Plan must include the following information:
(1) A description of each anticipated new technology component or
process modification that the discharger intends to implement in order
to achieve the limitations in paragraphs (b)(3) and (b)(4) of this
section;
(2) A master schedule showing the sequence of implementing the new
technology components or process modifications and identifying critical
path relationships within the sequence;
(3) A schedule for each individual new technology component or
process modification that includes:
(i) The anticipated initiation and completion dates of
construction, installation and operational ``shakedown'' period
associated with the technology components or process modifications and,
when applicable, the anticipated dates of initiation and completion of
associated research, process development, and mill trials;
(ii) The anticipated dates that the discharger expects the
technologies and process modifications selected to achieve the
limitations specified in paragraphs (b)(3) and (b)(4) of this section
to be operational on a full-scale basis; and
(iii) The anticipated magnitude of reductions in effluent quantity
and the anticipated improvements in effluent quality associated with
each technology and process modification implemented as measured at the
bleach plant (for bleach plant, pulping area and evaporator condensates
flow and BAT parameters other than Adsorbable Organic Halides (AOX))
and at the end of the pipe (for AOX), and the dates the discharger
expects those reductions and improvements to be achieved;
(4) Contingency plans in the event that any technology or process
specified in the Milestones Plan need to be adjusted or alternative
approaches developed to ensure that the limitations specified in
paragraphs (b)(3)and (b)(4) of this section are met; and
(5) A signature by the responsible corporate officer as defined in
40 CFR 122.22.
* * * * *
[FR Doc. 99-17207 Filed 7-6-99; 8:45 am]
BILLING CODE 6560-50-P
