98-34307. National Emission Standards for Hazardous Air Pollutants for Source Categories: Pulp and Paper Production

[Federal Register Volume 63, Number 248 (Monday, December 28, 1998)]
[Proposed Rules]
[Pages 71408-71411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34307]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6210-4]
RIN 2060-AH74


National Emission Standards for Hazardous Air Pollutants for 
Source Categories: Pulp and Paper Production

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule and notice of public hearing.

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SUMMARY: Under the authority of the Clean Air Act, as amended, the EPA 
has promulgated standards (63 FR 18504, April 15, 1998) to reduce 
hazardous air pollutant (HAP) emissions from the pulp and paper 
production source category. This rule is known as the Pulp and Paper 
national emission standards for hazardous air pollutants (NESHAP) and 
is the air component of the integrated air and water rules for the pulp 
and paper industry, commonly known as the Pulp and Paper Cluster Rules. 
The rule applies to pulp and paper production processes included under 
the Standard Industrial Classification (SIC) code 26.
    In this action, the EPA is proposing to amend certain regulatory 
text in the NESHAP regarding the Voluntary Advanced Technology 
Incentives Program. The EPA views the amendments to be noncontroversial 
and anticipates no adverse comments. Consequently, the EPA also is 
publishing these amendments to the NESHAP as a direct final rule in the 
RULES AND REGULATIONS section of today's Federal Register publication. 
If no significant, adverse comments regarding the proposed amendments 
are received by the date specified in this document, then the EPA will 
take no further action with respect to this proposal and the amendments 
to the NESHAP will become effective on the date provided in the direct 
final rule.

DATES: Comments. The EPA will accept comments regarding these proposed 
amendments on or before January 27, 1999. Additionally, a public 
hearing regarding the proposed amendments will be held if anyone 
requesting to speak contacts the EPA by January 19, 1999. If a hearing 
is requested, the hearing will be held on January 27, 1999 beginning at 
10:00 a.m., and the record on the hearing will remain open for 30 days 
after the hearing date to provide an opportunity for submittal of 
rebuttal and additional information. For more information about 
submittal of comments and the public hearing, see the SUPPLEMENTARY 
INFORMATION section in the notice.

ADDRESSES: Comments. Written comments (in duplicate, if possible) 
should be submitted to Docket No. A-92-40 at the following address: 
U.S. Environmental Protection Agency, Air and Radiation Docket and 
Information Center (MC-6102), 401 M Street, SW, Washington, DC 20460. 
The EPA requests that a separate copy of the comments also be sent to 
the contact person listed below.
    Today's document and other materials related to these proposed 
amendments are available for review in the docket. Copies of this 
information may be obtained by request from the Air Docket by calling 
[phone]. A reasonable fee may be charged for copying docket 
materials.

FOR FURTHER INFORMATION CONTACT: Mr. Steve Silverman, Office of General 
Counsel, U.S. Environmental Protection Agency, 401 M Street, SW, 
Washington, DC 20460, telephone number [phone]. For technical 
information regarding the NESHAP, contact Mr. Stephen Shedd, Emissions 
Standards Division, U.S. Environmental Protection Agency, Research 
Triangle Park, NC 27711, telephone number [phone] or e-mail at 
[e-mail].

SUPPLEMENTARY INFORMATION: Regulated entities. Entities potentially 
regulated by this action include:

------------------------------------------------------------------------
       Category          SIC code      Examples of regulated entities
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Industry..............         26  Pulp mills and integrated mills
                                    (mills that manufacture pulp and
                                    paper/paperboard) that chemically
                                    pulp wood fiber.
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[[Page 71409]]

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be interested in the 
proposed amendments to the regulation affected by this action. This 
table lists the types of entities that the EPA is now aware could 
potentially be regulated by this action. To determine whether your 
facility is regulated by this action, you should carefully examine the 
applicability criteria in part 63, subparts A and S of Title 40 of the 
Code of Federal Regulations.
    Information contacts. If you have questions regarding the 
applicability of this action to a particular situation or questions 
about compliance approaches, permitting, enforcement, and rule 
determinations, please contact the appropriate regional representative 
below.

Region I: Greg Roscoe, Chief, Air Pesticides and Toxics Enforcement 
Office, Office of Environmental Stewardship, U.S. EPA, Region I, JFK 
Federal Building (SEA), Boston, MA 02203, [phone]. Technical 
Contact for Applicability Determination, Susan Lancey, [phone], 
[phone] (Fax).
Region II: Mosey Ghaffari, Air Compliance Branch, U.S. EPA, Region II, 
290 Broadway, New York, NY 10007-1866, [phone], [phone] 
(Fax).
Region III: Makeba Morris, U.S. EPA, Region III, 3AT10, 1650 Arch 
Street, Philadelphia, PA 19103, [phone].
Region IV: Lee Page, U.S. EPA, Region IV, Atlanta Federal Center, 100 
Alabama Street, Atlanta, GA 30303, [phone].
Region V: Christina Prasinos (AE-17J), U.S. EPA, Region V, 77 West 
Jackson Street, Chicago, IL 60604-3590, [phone], [phone] 
(Fax).
Region VI: Michelle Kelly, Air Enforcement Branch (6EN-AA), U.S. EPA, 
Region VI, Suite 1200, 1445 Ross Avenue, Dallas, TX 75202-2733, (214) 
665-7580, [phone] (Fax).
Region VII: Gary Schlicht, Air Permits and Compliance Branch, U.S. EPA, 
Region VII, ARTD/APCO, 726 Minnesota Avenue, Kansas City, KS 66101, 
[phone].
Region VIII: Tami Thomas-Burton, Air Toxics Coordinator, U.S. EPA, 
Region VIII, Suite 500, 999 18th Street, Denver, CO 80202-2466, (303) 
312-6581, [phone] (Fax).
Region IX: Ken Bigos, U.S. EPA, Region IX, A-5, 75 Hawthorne Street, 
San Francisco, CA 94105, [phone].
Region X: Andrea Wallenweber, Office of Air Quality, U.S. EPA, Region 
X, OAQ-107, 1200 Sixth Avenue, Seattle, WA 98101, [phone], (206) 
553-0404 (Fax).
    Technology Transfer Network. The Technology Transfer Network (TTN) 
is a network of the EPA's electronic bulletin boards. The TTN provides 
information and technology exchange in various areas of air pollution 
control. Information regarding the basis and purpose of this rule and 
other relevant documents can be found on the pulp and paper page of the 
EPA's Unified Air Toxics website (UATW) at ``www.epa.gov/ttn/uatw/pulp/
pulppg.html''. For more information on the TTN, call the HELP line at 
[phone].
    Public hearing. If a public hearing is requested by the required 
date (see DATES section in this notice), the public hearing will be 
held at the EPA Office of Administration Auditorium, Research Triangle 
Park, NC. Persons interested in presenting oral testimony or inquiring 
as to whether a hearing is to be held should contact Ms. JoLynn 
Collins, Waste and Chemical Processes Group, Emission Standards 
Division (MD-13), U.S. Environmental Protection Agency, Research 
Triangle Park, NC, 27711, telephone number [phone].
    Docket. Docket A-92-40 contains the supporting information for the 
original NESHAP and this action. Today's notice and other materials 
related to this proposal are available for review in the docket. The 
docket is available for public inspection and copying between 8:00 a.m. 
and 5:30 p.m., Monday through Friday except for Federal holidays at the 
Air and Radiation Docket and Information Center (MC-6102), U.S. 
Environmental Protection Agency, 401 M Street, SW, Room M-1500, 
Washington, DC 20460. Copies of docket information also may be obtained 
by request from the Air Docket by calling [phone]. A reasonable 
fee may be charged for copying docket materials.

I. Description of Proposed Amendments

    The EPA is proposing to amend the interim NESHAP for chloroform 
emissions from mills which have enrolled in the Voluntary Advanced 
Technology Incentives Program (VATIP). In the RULES AND REGULATIONS 
section of today's Federal Register, we are promulgating this same 
amendment as a direct final rule without prior proposal because the 
Agency views this as a noncontroversial revision and anticipates no 
adverse comment. The EPA has explained the reasons for making this 
amendment in the preamble to the direct final rule, and does not 
believe it necessary to repeat that discussion here. If EPA receives 
adverse comment, EPA will withdraw the direct final rule and it will 
not take effect. EPA will address all public comments in a subsequent 
final rule based on this proposed rule. The EPA will not institute a 
second comment period on this action. Any parties interested in 
commenting must therefore do so at this time.

II. Administrative Requirements

A. Docket

    The docket is an organized and complete file of all the information 
considered by the EPA in the development of this rulemaking. The docket 
is a dynamic file, because material is added throughout the rulemaking 
development. The docketing system is intended to allow members of the 
public and industries involved to readily identify and locate documents 
so that they can effectively participate in the rulemaking process. 
Along with the proposed and promulgated standards and their preambles, 
the contents of the docket, except for certain interagency documents, 
will serve as the record in case of judicial review. See CAA section 
307(d)(7)(A).

B. Public Hearing

    A public hearing will be held, if requested, to discuss the 
proposed amendments in accordance with section 307(d)(5) of the Act. If 
a public hearing is held, the EPA will ask clarifying questions during 
the oral presentations but will not respond to the presentations or 
comments. To provide an opportunity for all who may wish to speak, oral 
presentations will be limited to 15 minutes each. Any member of the 
public may file a written statement (see DATES and ADDRESSES). Written 
statements and supporting information will be considered with 
equivalent weight as any oral statement and supporting information 
subsequently presented at a public hearing, if held.

C. Paperwork Reduction Act

    The information requirements of the previously promulgated NESHAP 
were submitted for approval to the Office of Management and Budget 
(OMB) on April 27, 1998 under the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq. An Information Collection Request (ICR) document has been 
prepared by the EPA (ICR No. 1657.03), and a copy may be obtained from 
Sandy Farmer, OPPE Regulatory Information Division; U.S. Environmental 
Protection Agency (2137); 401 M Street, SW; Washington, DC 20460 or by 
calling [phone].

[[Page 71410]]

The information requirements are not effective until OMB approves them.
    Today's proposed amendments to the NESHAP will have no impact on 
the information collection burden estimates made previously. The 
changes add a compliance alternative to a particular standard and 
therefore does not mandate any new requirements. Consequently, the ICR 
has not been revised.

D. Executive Order 12866: ``Significant Regulatory Action'' 
Determination

    Under Executive Order 12866, the EPA must determine whether the 
proposed regulatory action is ``significant'' and, therefore, subject 
to OMB review and the requirements of the Executive Order. The order 
defines a ``significant'' regulatory action as one that is likely to 
lead to 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, public health or safety in 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.
    The NESHAP subpart S rule published on April 15, 1998 was 
considered significant under Executive Order 12866, and a regulatory 
impact analysis (RIA) was prepared. The amendments proposed today 
provide an additional means of achieving an interim MACT standard for 
chloroform emissions from bleaching systems at certain mills. The OMB 
has evaluated this action and determined it to be nonsignificant; thus, 
it did not require OMB review.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. The EPA determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with this action. These 
proposed amendments would not result in increased impacts to small 
entities and the proposed changes to the rule in today's action do not 
mandate new control requirements to the April 15, 1998 rule.

F. Unfunded Mandates Reform Act

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), the EPA must prepare a budgetary impact 
statement to accompany any proposed or final rule that includes a 
Federal mandate that may result in estimated costs to State, local, or 
tribal governments in the aggregate, or to the private sector, of $100 
million or more. Under section 205, the EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives 
of the rule and is consistent with statutory requirements. Section 203 
requires the EPA to establish a plan for informing and advising any 
small governments that may be significantly or uniquely impacted by the 
rule.
    The EPA has determined that the action proposed today does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate or to the private sector. Therefore, the requirements of the 
Unfunded Mandates Act do not apply to today's action.

G. Executive Order 12875: Enhancing the Intergovernmental 
Partnership

    Under Executive Order 12875, the 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 the EPA consults with those 
governments. If the EPA complies by consulting, Executive Order 12875 
requires the EPA to provide to OMB a description of the extent of the 
EPA's prior consultation with representatives of affected State, local, 
and tribal governments, the nature of their concerns, copies of any 
written communications from the governments, and a statement supporting 
the need to issue the regulation. In addition, Executive Order 12875 
requires the 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.''
    While the final rule published on April 15, 1998 does not create 
mandates upon State, local, or tribal governments, the EPA involved 
State and local governments in its development. Because today's action, 
would add a degree of flexibility to the current rule by creating a 
different means of achieving an interim MACT standard for chloroform 
emissions from bleaching systems at certain mills, today's action does 
not create a mandate upon State, local, or tribal governments.

H. Executive Order 13045: Protection of Children from Environmental 
Health Risks and Safety Risks

    Executive Order 13045 applies to any rule that the EPA determines 
(1) is economically significant as defined under Executive Order 12866, 
and (2) the environmental health or safety risk addressed by the rule 
has a disproportionate effect on children. If the regulatory action 
meets both criteria, the EPA 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 EPA.
    Today's action is not subject to Executive Order 13045 because it 
does not involve decisions on environmental health or safety risks that 
may disproportionately affect children.

I. Executive Order 13084: Consultation and Coordination with Indian 
Tribal Governments

    Under Executive Order 13084, the 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 the EPA 
consults with those governments. If the EPA complies by consulting, 
Executive Order 13084 requires the EPA to provide to the OMB, in a 
separately identified section of the preamble to the rule, a 
description of the extent of the 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 the 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

[[Page 71411]]

significantly or uniquely affect their communities.''
    Today's action does not significantly or uniquely affect the 
communities of Indian tribal governments. The final rule published on 
April 15, 1998 does not create mandates upon tribal governments. 
Because today's action interprets the requirements of the final rule, 
today's action does not create a mandate on tribal governments. 
Accordingly, the requirements of section 3(b) of Executive Order 13084 
do not apply to this action.

J. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) directs all Federal agencies to use voluntary consensus 
standards instead of government-unique standards in their 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 one or 
more voluntary consensus standards bodies. Examples of organizations 
generally regarded as voluntary consensus standards bodies include the 
American Society for Testing and Materials (ASTM), the National Fire 
Protection Association (NFPA), and the Society of Automotive Engineers 
(SAE). The NTTAA requires Federal agencies like the EPA to provide 
Congress, through OMB, with explanations when an agency decides not to 
use available and applicable voluntary consensus standards.
    The proposed amendments do not involve any new technical standards 
or the incorporation by reference of existing technical standards. 
Therefore, consideration of voluntary consensus standards is not 
relevant to this action.

III. Legal Authority

    These regulations are amended under the authority of sections 112, 
114, and 301 of the Clean Air Act, as amended (42 U.S.C. sections 7412, 
7414, and 7601).

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations.

    Dated: December 18, 1998.
Carol M. Browner,
Administrator.
[FR Doc. 98-34307 Filed 12-24-98; 8:45 am]
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