[Federal Register Volume 59, Number 191 (Tuesday, October 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24406]
[[Page Unknown]]
[Federal Register: October 4, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[ME-14-1-6648a; A-1-FRL-5080-4]
Approval and Promulgation of Air Quality Implementation Plans;
Maine; Plan for Controlling Total Reduced Sulfur Emissions From
Existing Kraft Pulp Mills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Maine. Maine revised its ``111(d) plan'' for
the control of total reduced sulfur (TRS) emissions from existing kraft
pulp mills. The revised plan was submitted by the Maine Department of
Environmental Protection (DEP) on April 27, 1994. The revised plan
consists of a revised regulation entitled ``Chapter 124: Total Reduced
Sulfur Control From Kraft Pulp Mills.'' The revised plan satisfies
EPA's requirements for adoption and submittal of a plan to control TRS
emissions from designated facilities in accordance with section 111(d)
of the Clean Air Act (CAA).
DATES: This final rule is effective December 5, 1994 unless, by
November 3, 1994, adverse or critical comments are received. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Comments may be mailed to Linda M. Murphy, Director, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region I, JFK Federal Building, Boston, MA 02203.
Copies of the documents relevant to this action are available for
public inspection during normal business hours, by appointment at the
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region I, One Congress Street, 10th floor, Boston,
MA; Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, 401 M Street, SW., (LE-131), Washington, DC 20460;
and the Bureau of Air Quality Control, Department of Environmental
Protection, 71 Hospital Street, Augusta, ME 04333.
FOR FURTHER INFORMATION CONTACT: Daria L. Dilaj at (617) 565-3249.
SUPPLEMENTARY INFORMATION: On September 19, 1990 (55 FR 38545), EPA
approved Maine's 111(d) plan for controlling total reduced sulfur (TRS)
emissions from existing kraft pulp mills in accordance with section
111(d) of the Clean Air Act. Maine's 111(d) plan consists of a
regulation entitled ``Chapter 124: Total Reduced Sulfur Control from
Kraft Pulp Mills.'' The State of Maine, in adopting a plan pursuant to
section 111(d) of the CAA to control TRS emissions from existing kraft
pulp mills, chose to adopt requirements for existing brown stock washer
systems which are not required to be controlled under EPA guidance.
Under section 116 of the CAA, the State of Maine is legally entitled to
adopt more stringent emission standards for stationary sources than
required or recommended by EPA. The State of Maine in its response to
public comments on the proposed regulation specified that they felt
that the control of TRS emissions from brown stock washers was
important because of the magnitude of potential emissions from
uncontrolled washers and the height at which they are emitted (i.e.,
they are more likely to have negative impacts on local residential
areas because they are emitted at lower levels and are subject to less
dispersion). Kraft pulp mills were required to meet most of the
requirements of the regulation by January 1991, but were given until
January 1, 1994 to meet the requirements for brown stock washers.
On April 27, 1994, the State of Maine submitted a formal revision
of Chapter 124 as an amendment to the 111(d) plan. The purpose of the
revision is to extend the deadline (i.e., January 1, 1994) for brown
stock washer systems to January 1, 1997. This extension addresses
industry's concern that it be allowed to coordinate its efforts to
comply with the SIP with its efforts to comply with EPA's forthcoming
Maximum Achievable Control Technology (MACT) standard for the pulp and
paper industry. This MACT standard is expected to be promulgated by
September 1995. Maine believes a three-year compliance extension of the
brown stock washer controls should be sufficient to allow industry to
consider any impacts of the Federal MACT standard.
Since the brown stock washer requirements of Maine's TRS regulation
are more stringent than the applicable EPA requirements in the EPA
guideline document entitled ``Kraft Pulping: Control of TRS Emissions
from Existing Mills'' (EPA-450/2-78-003b), the compliance extension for
the brown stock washers is acceptable.
EPA is publishing this action without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this publication,
EPA is proposing to approve the SIP revision should adverse or critical
comments be filed. This action will be effective December 5, 1994
unless, by November 3, 1994, adverse or critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by simultaneously publishing a subsequent
document that will withdraw the final action. All public comments
received will then be addressed in a subsequent final rule based on
this action serving as a proposed rule. The EPA will not institute a
second comment period on this action. Any parties interested in
commenting on this action should do so at this time. If no such
comments are received, the public is advised that this action will be
effective on December 5, 1994.
Final Action
EPA is approving the revised 111(d) plan controlling TRS emissions
from kraft pulp mills submitted by Maine Department of Environmental
Protection. The revised plan which consists of the revised regulation
entitled ``Chapter 124: Total Reduced Sulfur From Kraft Pulp Mills''
affects six existing kraft pulp mills in the State of Maine.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future submittal of a
111(d) plan by any State. Each request for approval of a 111(d) plan
shall be considered separately in light of specific technical,
economic, and environmental factors and in relation to relevant
statutory and regulatory requirements.
Regulatory Process
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the Federal-state relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);
42 U.S.C. 7410 (a)(2).
This action has been classified as a Table 3 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. A future document will inform the general public of
these tables. On January 6, 1989, the Office of Management and Budget
(OMB) waived Table 2 and Table 3 SIP revisions from the requirement of
section 3 of Executive Order 12291 for a period of two years. The US
EPA has submitted a request for a permanent waiver for Table 2 and
Table 3 SIP revisions. The OMB has agreed to continue the waiver until
such time as it rules on US EPA's request. This request continues in
effect under Executive Order 12866 which superseded Executive Order
12291 on September 30, 1993.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 5, 1994. This action
may not be challenged later in proceedings to enforce its requirements.
(See section 307(b)(2).)
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Paper and paper
products industry, Reporting and recordkeeping requirements.
Dated: August 17, 1994.
John P. DeVillars,
Regional Administrator, Region I.
Title 40 of the Code of Federal Regulations, chapter I, part 62, is
amended as follows:
PART 62--[AMENDED]
1. The authority citation for part 62 continues to read asfollows:
Authority: 42 U.S.C. 7401-7671q.
Subpart U--Maine
2. Section 62.4845 is amended by adding paragraph (b)(3) to read as
follows:
Sec. 62.4845 Identification of plan.
* * * * * *
(b) * * *
(3) A revision to the plan to control TRS from existing kraft pulp
mills, which extends the final compliance date for brown stock washers
to January 1, 1997, was submitted on April 27, 1994.
* * * * *
[FR Doc. 94-24406 Filed 10-3-94; 8:45 am]
BILLING CODE 6560-50-F
