[Federal Register Volume 63, Number 72 (Wednesday, April 15, 1998)]
[Proposed Rules]
[Pages 18796-18802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9615]
[[Page 18795]]
_______________________________________________________________________
Part IV
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 430
Amendments to the Effluent Limitations Guidelines, Pretreatment
Standards, and New Source Performance Standards for the Bleached
Papergrade Kraft and Soda Subcategory of the Pulp, Paper, and
Paperboard Point Source Category; Proposed Rule
Federal Register / Vol. 63, No. 72 / Wednesday, April 15, 1998 /
Proposed Rules
[[Page 18796]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 430
[FRL-5924-9; 2040-AD05]
RIN 2040-AD05
Amendments to the Effluent Limitations Guidelines, Pretreatment
Standards, and New Source Performance Standards for the Bleached
Papergrade Kraft and Soda Subcategory of the Pulp, Paper, and
Paperboard Point Source Category
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Today EPA is proposing two amendments to 40 CFR Part 430, the
Pulp, Paper and Paperboard Point Source Category. The first affects
only existing direct discharging mills in Subpart B (Bleached
Papergrade Kraft and Soda Subcategory) that choose to enroll in the
Voluntary Advanced Technology Incentives Program being promulgated in
the final Pulp and Paper ``Cluster Rules,'' found elsewhere in today's
Federal Register. Today's proposal would require such mills to submit a
plan (referred to as the ``Milestones Plan'') specifying research,
construction, and other activities leading to achievement of the
Voluntary Advanced Technology BAT effluent limitations in
Sec. 430.24(b) of the final ``Cluster Rules,'' with accompanying dates
for achieving these milestones. The purpose of the plan would be to
provide the permitting authority with mill-specific information upon
which to base permit requirements reflecting reasonable interim
milestones as required by Sec. 430.24(b)(2).
The second amendment proposed today would authorize mills in
Subpart B to demonstrate compliance with applicable chloroform
limitations and standards, (also being promulgated today in the
``Cluster Rules'') in lieu of monitoring at a fiber line, by certifying
that the fiber line is not using elemental chlorine or hypochlorite as
bleaching agents and that they also maintain certain operational
conditions specified in the proposed regulation. This second amendment
would reduce the reporting burden for those mills that choose to
certify.
In addition, although EPA is not proposing totally chlorine-free
(TCF) technologies and associated process wastewater flow reduction
technologies as the basis for new source performance standards or
pretreatment standards for new sources for mills in Subpart B at this
time, EPA today is requesting comments and data on the feasibility of
TCF processes for this subcategory, especially the range of products
made and their specifications. EPA is also requesting comments and data
regarding effluent reduction performance of TCF processes for this
subcategory.
DATES: Comments on the proposed rule, as well as information and data
regarding the feasibility of TCF bleaching processes for new sources in
the Bleached Papergrade Kraft and Soda Subcategory, must be received by
June 15, 1998.
ADDRESSES: Send comments on this proposal, as well as information and
data regarding TCF processes, in triplicate to Mr. J. Troy Swackhammer,
Office of Water, Engineering and Analysis Division (4303), U.S.
Environmental Protection Agency, 401 M Street, SW, Washington DC 20460.
In addition to submitting hard copies of the comments, the public may
also send comments via e-mail to:swackhammer.j-troy@epamail.epa.gov.
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. For access to docket materials, call (202)
260-3027 between 9:00 a.m. and 3:30 p.m. for an appointment. The EPA
public information regulation (40 CFR Part 2) provides that a
reasonable fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: Mr. J. Troy Swackhammer at (202) 260-
7128.
SUPPLEMENTARY INFORMATION:
Regulated entities. Entities potentially regulated by this action
are those operations that chemically pulp wood fiber using kraft or
soda methods to produce bleached papergrade pulp and/or bleached paper/
paperboard. Regulated categories and entities include:
------------------------------------------------------------------------
Applicable proposed Examples of
Category amendment regulated entities
------------------------------------------------------------------------
Industry--Bleached Submittal Pulp and
Papergrade Kraft and Soda of Milestones Plan. paper mills that
Subcategory. choose to enroll in
the Voluntary
Advanced Technology
Incentives Program.
Certificati Pulp and
on in place of Paper Mills that
chloroform choose to certify
monitoring. to the use of
Elemental Chlorine-
Free processes and
certain other
processes and
operational
controls in lieu of
monitoring for
chloroform.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your facility is regulated by this action, you should carefully examine
the applicability criteria in Sec. 430.20 of the final Pulp and Paper
``Cluster Rules'' found elsewhere in today's Federal Register. If you
have questions regarding the applicability of this action to a
particular entity, consult the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
Overview
This preamble describes the legal authority of this proposed rule,
background information to the development of the proposed amendments,
and the rationale for the proposed Milestones Plan and the proposed
chloroform certification provisions. This preamble also solicits
comments and data regarding the proposed amendments, as well as
information and data regarding the feasibility of Totally Chlorine-Free
bleaching processes as a basis for new source performance standards
(NSPS) or pretreatment standards for new sources (PSNS) for mills in
Subpart B (Bleached Papergrade Kraft and Soda Subcategory).
Organization of this Preamble
I. Legal Authority
II. Background
A. Voluntary Advanced Technology Incentives Program
B. Demonstrating Compliance With Chloroform Limitations
[[Page 18797]]
C. Availability of Totally Chlorine-Free Technologies
III. The Milestones Plan
A. Rational for Submittal of the Plan
B. Scope of the Milestone Plan
C. Permit Writers' Responsibilities
D. Estimates of Burden for Milestones Plan
IV. Certification in Lieu of Monitoring for Chloroform
V. Solicitation of Data and Commenters
VI. Administrative Requirements
A. Executive Order 12866
B. Regulatory Flexibility Act and the Small Business Regulatory
Enforcement Fairness Act of 1996
C. Paperwork Reduction Act
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 12875
F. Executive Order 12898
G. National Technology Transfer and Advancement Act
I. Legal Authority
This proposed regulation would establish requirements for
submitting a ``Milestones Plan'' by mills that choose to enroll in the
Voluntary Advanced Technology Incentives Program and would reduce the
monitoring burden on mills that certify that they use elemental
chlorine-free processes and other operational controls. These
amendments to 40 CFR Part 430 are proposed under the authorities of
Sections 301, 304, 306, 307, 308, 402, and 501 of the Clean Water Act,
33 U.S.C. 1311, 1314, 1316, 1317, 1318, 1342, and 1361, as amended.
II. Background
A. Voluntary Advanced Technology Incentives Program
EPA is establishing a Voluntary Advanced Technology Incentives
Program for Subpart B to encourage direct discharging mills to move
beyond today's baseline BAT and NSPS technologies toward the ``mill of
the future,'' which EPA believes will have a minimum impact on the
environment. See 40 CFR 430.24(b) and 430.25(c). Mills that enroll in
the incentives program (hereafter AT mills) can choose between two or
three different levels of ultimate performance requirements (i.e.,
existing mills can choose Tier I, Tier II, or Tier III; new source
mills can choose Tier II or Tier III). In any tier, existing AT mills
must meet ``stage 1'' limitations, interim milestones, and ``stage 2''
limitations (i.e., the ultimate performance requirements for the
particular tier). New source AT mills must meet the ultimate Tier
performance requirements upon commencement of discharge. For further
details on this voluntary program, see Section IX of the preamble for
the promulgated ``Cluster Rules'' for the pulp and paper industry
published elsewhere in today's Federal Register.
In order to facilitate achievement of the ultimate BAT limitations
required by this program, EPA is proposing today to require all
existing mills enrolled in the voluntary incentives program to submit
plans (referred to as ``Milestones Plans'') detailing the strategy the
mill will follow to develop and implement the technologies or processes
it intends to use to achieve the Voluntary Advanced Technology BAT
limitations associated with the chosen incentive tier.
B. Demonstrating Compliance With Chloroform Limitations
In response to comments, EPA considered in connection with the
final Cluster Rules whether certification of Elemental Chlorine-Free
(ECF) bleaching processes can be used in lieu of monitoring as a basis
for compliance with the regulations published elsewhere in the Federal
Register today. EPA determined that the information available at this
time does not demonstrate that ECF certification alone is sufficient to
ensure compliance with the regulations promulgated today. Therefore,
the effluent limitations guidelines promulgated today do not allow
certification of ECF bleaching to replace monitoring for any regulated
pollutant. However, EPA is proposing here to allow mills in Subpart B
that demonstrate compliance with the applicable chloroform limitations
or standards through required monitoring over a two-year period to
demonstrate continuing compliance with chloroform limitations and
standards by certifying that they use ECF bleaching processes and also
maintain process and operation conditions in use during the initial
two-year monitoring period. See Section IV. EPA is requesting data to
further inform its final decision in this matter. See Section V.
C. Availability of Totally Chlorine-Free Technologies
With respect to Totally Chlorine-Free (TCF) bleaching processes,
several non-U.S. mills have reported the production of TCF softwood
kraft pulp at full market brightness. However, EPA's data are not
sufficient to confirm that TCF bleaching processes are technically
demonstrated for the full range of market products currently served by
the bleached kraft process. EPA is also unable, based on the
information available today, to define a segment of the Bleached
Papergrade Kraft and Soda subcategory for which TCF bleaching processes
and, if appropriate, flow reduction technologies similar to those
incorporated in the Voluntary Advanced Technology Incentives program,
are known to be technically feasible and thus could be the basis for
NSPS or PSNS. EPA believes that progress being made in developing TCF
bleaching processes and process wastewater flow reduction technologies
is substantial, and that additional data may demonstrate that TCF
processes and flow reduction technologies are indeed available for the
full range, or a substantial portion, of market products. To this end,
EPA is soliciting additional data and comment on the full range of
market specifications currently being achieved for TCF kraft pulp
(e.g., brightness, strength, and cleanliness). EPA also will further
evaluate whether the performance of TCF and associated process
wastewater flow reduction technologies would be superior
environmentally to the performance of the technology basis of the new
NSPS/PSNS standards for Subpart B mills published elsewhere in today's
Federal Register. Depending on these findings, EPA will determine
whether to propose revisions to NSPS/PSNS based upon TCF for Subpart B
mills.
III. The Milestones Plan
A. Rationale for Submittal of the Plan
EPA has determined that the Milestones Plan described in today's
proposed amendment to 40 CFR 430.24 will provide information necessary
for the development of interim limitations or permit conditions under
40 CFR 430.24(b)(2) that lead to achievement of the Voluntary Advanced
Technology BAT limitations codified at 40 CFR 430.24(b) (3) and (4).
See CWA section 308(a). Once incorporated into NPDES permits, these
milestones will be enforceable and will provide valuable benchmarks for
reasonable inquiries into progress being made by participating mills
toward achievement of the interim and ultimate Tier limits. EPA
believes that requiring each mill enrolled in the Voluntary Advanced
Technology Incentives Program to submit an individualized Milestones
Plan to its permitting authority will provide the necessary flexibility
to the mill and the permit writer so that the milestones selected to be
incorporated into the mill's NPDES permit reflect the unique situation
at that mill. These interim milestones will represent reasonable
further progress toward the achievement of the six-year milestone
limits for Tiers II and III and the ultimate Advanced Technology BAT
limitations for all Tiers. As developed by each individual mill, these
milestones should reflect the planning process under which the mill
[[Page 18798]]
determined the ultimate Tier limits to be economically achievable.
B. Scope of the Milestones Plan
As proposed today, the Milestones Plan would describe each
envisioned new technology component or process modification the mill
intends to implement in order to achieve the Voluntary Advanced
Technology BAT limits. In addition, the mill would be required to
include a master schedule in the plan showing the sequence of
implementing the new technologies and process modifications and
identifying critical-path relationships within the sequence. For each
individual technology or process modification, the Milestones Plan
would need to include: (1) A schedule that lists the anticipated dates
that associated construction, installation, and/or process changes will
be initiated; (2) the anticipated date that those steps will be
completed; (3) the anticipated date that the Advanced Technology
process or individual component will be fully operational; (4) and the
anticipated reductions in effluent quantity and improvements in
effluent quality 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). 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 plan would be required to include a
schedule for research (if necessary), process development, and mill
trials. The schedule for research, process development, and mill trials
would need to show major milestone dates and the anticipated date the
technology or process change will be available for mill implementation.
The plan also would need to 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 ultimate tier limits are achieved by the dates outlined in the
master schedule. EPA is proposing new regulatory language describing
the Milestones Plan in Sec. 430.24(c).
C. Permit Writers' Responsibilities
EPA expects the permitting authority to use the information
contained in those plans, as well as its own best professional
judgment, to establish enforceable interim milestones applying all
statutory factors. EPA also expects permit writers to include reopener
clauses in the permits to adjust these interim milestones as necessary
to reflect the results of research, process development, mill trials,
and contingencies as appropriate.
D. Estimates of Burden for Milestones Plan
EPA has estimated the reporting burden associated with the required
Milestones Plan, and is developing a draft Information Collection
Request (ICR) under the Paperwork Reduction Act, described in Section
VI.C. These estimates reflect the burden of preparing the Milestones
Plan, and are based on the assumption that plans will follow the
outline given as an example in the ``Voluntary Advanced Technology
Incentives Program Technical Support Document'' (DCN 14488). The labor
hour and cost estimates are based on the anticipated level of
complexity of the Tier plans, and reflect greater complexity at higher
Tiers. It should be noted that the burden estimates include preparation
and submittal of the Milestones Plan and for Tiers II and III plan
development, a budget to perform scoping studies to determine
implementability at the mills.
EPA estimated 56 hours for the preparation and submittal of the
Milestones Plan for mills enrolling in Tier I of the Voluntary Advanced
Technology Incentives Program. This assumes the mill will implement
readily-available technology and will not perform research and
development activities. EPA estimates that 14 mills will enroll at the
Tier I level.
EPA estimates 154 hours for the preparation and submittal of the
Milestones Plan for mills enrolling in Tier II of the Voluntary
Advanced Technology Incentives Program in addition to an estimate of
approximately $14,000 for each scoping study, which may be performed by
a consultant. This assumes the mill, upon implementing the Milestones
Plan, will conduct one research and development project related to
condensate reuse, but otherwise will implement readily-available
technology. The cost of the research and development project, which is
estimated as part of EPA's estimates for compliance with the Voluntary
Advanced Technology Incentives Program, is not included in this burden
estimate. EPA estimates that 13 mills will enroll at the Tier II level.
EPA estimates 328 hours for the preparation and submittal of the
Milestones Plan for mills enrolling in Tier III of the Voluntary
Advanced Technology Incentives Program in addition to an estimate of
approximately $26,000 for each scoping study, which may be performed by
a consultant. This assumes the mill upon implementing the Milestone
Plan, will conduct six research and development projects designed to
upgrade condensate quality from evaporators, to improve treatment of
condensates, to provide advanced process control, to optimize water
balance strategies to nearly closed loop processing, and to remove
minerals and/or chloride. The cost of the research and development
projects, which are estimated as part of EPA's estimates for compliance
with the Voluntary Advanced Technology Incentives Program, are not
included in this burden estimate. EPA estimates that 2 mills will
enroll at the Tier III level.
The following chart reflects the underlying basis for the hour
estimates:
----------------------------------------------------------------------------------------------------------------
Tier I Tier II Tier III
-----------------------------------------------------------------------------
Engineer Management Engineer Management Engineer Management
hours hours hours hours hours hours
----------------------------------------------------------------------------------------------------------------
Overview of Technical Strategy.... 12 4 20 8 24 8
Description of Technology Elements 10 2 20 4 32 8
Master Schedule................... 20 4 46 8 64 16
Research and Development Schedule. 0 0 24 8 112 40
Appendix of Supporting
Documentation\1\................. 4 0 16 0 24 0
-----------------------------------------------------------------------------
Total Hours.................
(1)56
(1)154
(1)328
----------------------------------------------------------------------------------------------------------------
\1\ Includes vendor documentation or preliminary studies at all Tier levels, feasibility studies, research
proposals and reports, and literature on minimum effluent technology at Tier II and III levels, and literature
on closed cycle technology for Tier III.
[[Page 18799]]
Assuming a salary rate (inclusive of benefits) of $65 per hour for
process engineering time and $100 per hour for senior management time,
the costs for preparing milestone plans are estimated at $246,400 as a
one-time cost for mills anticipated to enroll in the program. The total
cost of the milestones plan preparation inclusive of estimates for
scoping studies is approximately $481,000.
IV. Certification in Lieu of Monitoring for Chloroform
Commenters to EPA's July 15, 1996 Notice of Availability on the
pulp and paper effluent limitations guidelines and standards, 61 FR
36835, suggested that EPA consider allowing certification of process
changes (specifically elimination of elemental chlorine and
hypochlorite, but no other process factors) in lieu of monitoring to
demonstrate compliance with the chloroform limitations and standards
EPA had proposed. EPA did not include a certification option in the
final Cluster Rules because the information available at this time does
not demonstrate that ECF certification alone is sufficient to ensure
compliance with the regulations published elsewhere in today's Federal
Register. EPA based this conclusion on its finding that pulping and
bleaching processes and related factors also have an effect on the
rates of generation of chlorinated pollutants as measured in mill
wastewaters. See DCN 14497, Vol. 1.
Nevertheless, EPA believes that it may be appropriate to allow
mills to demonstrate compliance with chloroform limitations and
standards promulgated today through a certification that accounts for
those process and operating conditions. EPA has reason to believe that
these conditions are relevant to compliance with the promulgated
chloroform limitations and standards. Among the process and related
factors that EPA believes may influence compliance are: residual lignin
content of unbleached pulp (kappa number); the bleaching chemicals used
(e.g., chlorine dioxide, or chlorine monoxide assuming elemental
chlorine and hypchlorite have been eliminated); and, their application
rates, kappa factor, and other physical factors (e.g., mixing with
other wastewaters with differing properties prior to monitoring point,
etc.) plus the types of bleach plant washers used (e.g., high air flow
drum washers, low air flow washers, etc.).
Therefore, EPA is proposing new regulatory language in 40 CFR
430.02(f) that would allow Subpart B mills to certify in lieu of the
requirement to monitor for chloroform at a fiber line to which the
limitations or standards apply, if: (1) The discharger demonstrates,
based on two years of monitoring conducted in accordance with the
minimum monitoring requirements of the final regulation, that it is
achieving the applicable limitations or standards for chloroform; (2)
the discharger certifies at that time and annually thereafter to the
permitting or pretreatment control authority that the fiber line does
not use elemental chlorine or hypochlorite as bleaching agents and that
it is maintaining certain other process and operating conditions in use
at the fiber line during the initial compliance demonstration period;
and, (3) the discharger maintains records of the process and operating
conditions for the fiber line. These process and operating conditions
include, for example, maintaining a kappa factor and/or chemical
application rate that does not exceed that for which compliance has
been demonstrated at that fiber line, achieving a pre-bleaching kappa
number that does not exceed that for which compliance has been
demonstrated, and using precursor-free raw material. Examples of
additional operational factors that may be required as part of the
certification are the mixing (or separation) of acid and alkaline
filtrates prior to the monitoring point and other physical factors such
as types of bleach plant washers (e.g., high air flow drum washers, low
air flow washers, etc.).
EPA is proposing that the certification be made annually, rather
than once every permit cycle, because the certification includes
operational factors in addition to chemical use or substitution. These
factors require greater oversight and control on the part of the mill
than can be achieved by monitoring mill chemical purchases.
EPA believes that additional data will allow it to further document
and confirm the specific process and operating conditions that are
necessary to provide an adequate basis for establishing compliance with
the promulgated chloroform limitations and standards. EPA believes that
if additional data becomes available that further document and confirm
pertinent process and operating conditions, then it would be
appropriate to provide flexibility to allow ECF mills to certify that
they consistently maintain these process changes and operating
conditions subsequent to the two-year period of monitoring for
compliance demonstration. Thus, additional data will be critical to
EPA's final decision on the certification being proposed today for
Subpart B mills.
The certification alternative for chloroform being proposed today
is not limited to the timeframes during which monitoring is required at
the minimum monitoring frequencies specified in 40 CFR 430.02(b) and
(c), but may apply as an alternative to monitoring that would be
otherwise be required by a permit writer or pretreatment control
authority in accordance with 40 CFR 122.44(i) or 40 CFR Part 403, as
applicable.
EPA anticipates that the cost of certifying, when compared to the
cost of monitoring, would be negative. EPA also recognizes that
certification is voluntary and is not being required of mills that
prefer to monitor. EPA has therefore not included costs of
certification in the overall cost estimates of this proposal.
V. Solicitation of Data and Comments
EPA is seeking comment on today's proposed amendments to Part 430,
which would require submission of a plan for achieving the Voluntary
Advanced Technology BAT limits codified in Subpart B. Specifically, EPA
solicits comment on the overall scope of the plan and the suggested
content, including the effectiveness of the milestones required,
critical-path schedule, contingency alternatives, and identification of
major milestones, in the form of numeric or narrative limitations and/
or conditions, that could or should be incorporated in an NPDES permit.
EPA also solicits comment on the reasonableness of the response burden
that such a plan would impose. (See Sections III.D and VI.C of today's
proposal for discussions of the burden estimated to be associated with
the Milestones Plan).
EPA is also seeking additional bleach plant chloroform data from
Subpart B ECF mills, along with corresponding process and operating
information and data, to determine whether an ECF certification process
for chloroform should also require certification that relevant process
and operating factors are consistently maintained. Currently available
data and any new data that are received will be used by EPA as a basis
for its final decision on whether to promulgate the certification being
proposed today and the extent to which process and related factors are
incorporated.
EPA also is soliciting comment and data on TCF processes and
associated process wastewater flow reduction technologies that may
serve as the technology basis for NSPS/PSNS for Subpart B mills. EPA
specifically solicits data on the range of market pulp and paper
products that are commercially manufactured by TCF
[[Page 18800]]
processes in the U.S., Canada, Europe, and elsewhere. EPA also solicits
and will seek to gather additional performance data for full scale TCF
mills that could serve as the basis for NSPS/PSNS that may be proposed
at a later date.
Interested parties wishing to gather and submit data at ECF mills
for chloroform generation and related process variables, and for the
performance and products of TCF processes and flow reduction
technologies, are strongly encouraged to contact EPA to ensure that the
data gathering to be undertaken will be of adequate scope, will utilize
appropriate analytical methods where necessary, and will include
sufficient documentation to be useful. (Consult the person listed in
the FOR FURTHER INFORMATION CONTACT section of this proposal.)
Finally, EPA is soliciting comment on the estimated burden
associated with preparing the Milestones Plan (see Sections III.D and
VI.C of today's notice for detailed discussions of the estimated
burden).
VI. Administrative Requirements
A. Executive Order 12866
Under Executive Order 12866, 58 FR 51735 (Oct. 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 a ``significant regulatory action.'' As
such, this action was submitted to OMB for review. Changes made in
response to OMB suggestions or recommendations will be documented in
the public record.
B. Regulatory Flexibility Act and the Small Business Regulatory
Enforcement Fairness Act of 1996
Under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.),
whenever a federal agency is required by section 553 of the
Administrative Procedure Act (or any other law) to publish a general
notice of proposed rulemaking for any proposed rule, the Agency
generally must prepare an initial regulatory flexibility analysis
(IRFA) describing the economic impact of the regulatory action on small
entities. The Agency must prepare an IRFA for a proposed rule unless
the head of the agency certifies that it will not have a significant
economic impact on a substantial number of small entities. EPA is today
certifying, pursuant to section 605(b) of the RFA, that this rule will
not have a significant economic impact on a substantial number of small
entities. Therefore, the Agency did not prepare an IRFA.
The proposal, if promulgated, will not have a significant economic
impact on a substantial number of small entities for the following
reasons. The RFA defines ``small entity'' to mean a small business,
small organization or small governmental jurisdiction. The proposal to
allow certification in lieu of monitoring for chloroform would reduce
the economic cost of compliance for any direct discharging mill that
chooses to certify, including any mill that is a small business.
Therefore, the proposal to allow certification, if adopted, would not
have a significant economic impact on a substantial number of small
entities.
With respect to the Milestones Plan proposal, EPA has determined
that there are only three mills in Subpart B that are small businesses.
These mills would be subject to the proposed Milestones Plan
requirement only if they choose to enroll in the Voluntary Advanced
Technology Incentives Program (VATIP). EPA does not believe three to be
a substantial number. Furthermore, EPA has concluded that the cost of
the Milstones Plan requirement to any mill choosing to enroll in VATIP
that is a small business is not significant. EPA has calculated the
cost of the Milestones Plan requirement to be between $4,000 and
$50,000 per mill, depending on whether the mill chose Tier I, II or
III. This amount is a small fraction of the total cost of the new
effluent guideline requirements for Subpart B, which EPA has already
certified as not having a significant impact elsewhere in today's
Federal Register. Furthermore, the requirement to submit a Milestones
Plan would only affect those mills that voluntarily choose to enroll in
the program. In these circumstances, the Milestones Plan requirement
would not, if promulgated, have a significant impact on a substantial
number of small entities.
C. Paperwork Reduction Act
The information collection requirements in this proposed rule will
be submitted for approval to the Office of Management and Budget (OMB)
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., following
the 60 day comment period of this notice and incorporation/
consideration of those comments received on the burden of the
information collection requirements. An Information Collection Request
(ICR) document will be prepared by EPA for submission to OMB. However,
EPA is using today's notice to solicit public comments on the estimates
associated with the burden of the Milestones Plan for Tier I, Tier II,
and Tier III Advanced Technology mills prior to submitting the ICR
document to OMB (See Section III.D of today's notice for a discussion
of the burden estimates). EPA will publish a notice in the Federal
Register when the ICR is submitted to OMB for approval, allowing for
additional public comments to be submitted to OMB on the burden
estimates. The information requirements are not effective until OMB
approves them and today's proposed amendments are promulgated.
As discussed in Section III.A of today's notice, EPA believes the
Milestones Plan is necessary to provide NPDES permit writers with the
information necessary to design a permit that contains mill specific
``interim milestones'' required by the Voluntary Advanced Technologies
Incentives Program. See Sec. 430.24(b)(2) of the final Pulp and Paper
``Cluster Rules,'' found elsewhere in today's Federal Register. The
Milestones Plan will allow permit writers to set milestones on a
schedule that the mill believes is realistic for its facility.
EPA does not believe the second proposed amendment in today's
notice--certification in lieu of monitoring for chloroform--will cause
any additional burden on those mills choosing to certify. In fact, EPA
believes that for mills that choose to make the certification, the
burden associated with monitoring will be reduced because they will no
longer need to monitor for chloroform.
As discussed in more detail in Section III.D of today's notice, the
total burden for the Milestones Plan is listed by Tier in the following
table:
[[Page 18801]]
Milestones Plan--Estimated Industry Burden
----------------------------------------------------------------------------------------------------------------
Estimated Scoping
number of study Total cost
Tier Hours/Mill enrolled Total hours estimate ($)
mills ($)
----------------------------------------------------------------------------------------------------------------
Tier I......................................... 56 14 784 0 55,900
Tier II........................................ 154 13 2,002 182,130 325,000
Tier III....................................... 328 2 656 52,320 100,000
----------------------------------------------------------------
Total for all Tiers...................... 29 3,442 234,450 480,900
----------------------------------------------------------------------------------------------------------------
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 the 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 any previously applicable instructions and requirements;
train personnel to be able to respond to a 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 EPA's regulations are listed in 40 CFR part 9 and
48 CFR chapter 15.
D. Unfunded Mandates Reform Act (UMRA)
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. 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 has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any one year. This rule would impose a reporting burden on
the private sector of less than 3,500 burden hours (costed at less than
$250,000) as a one-time expense. This rule does not affect tribal
governments at all, will ease the burden on State governments
responsible for implementing final regulations published elsewhere in
this Federal Register today, and may ease the compliance monitoring
burden of local governments responsible for implementing final
regulations published elsewhere in this Federal Register today. Thus,
today's rule is not subject to the requirements of sections 202 and 205
of the UMRA.
EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments for the same reasons cited above.
E. Executive Order 12875
To reduce the burden of Federal regulations on States and small
governments, the President issued Executive Order 12875 on October 28,
1993, entitled Enhancing the Intergovernmental Partnership (58 FR
58093). In particular, this executive order requires EPA to consult
with representatives of affected State, local, or tribal governments on
Federal matters that significantly or uniquely affect their
communities. This rule does not affect tribal governments at all, will
ease the burden on State governments responsible for implementing final
regulations published elsewhere in this Federal Register today, and may
ease the compliance monitoring burden of local governments responsible
for implementing final regulations published elsewhere in this Federal
Register today.
F. 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 proposed rule will not have adverse health or environmental
effects.
G. National Technology Transfer and Advancement Act
Under section 12(d) of the National Technology Transfer and
Advancement Act (``NTTAA''), the Agency is required 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,
etc.) that are developed or adopted by voluntary consensus standards
bodies. Where available and potentially applicable voluntary consensus
standards are not used by EPA, the Act requires the Agency to provide
Congress, through the Office of Management and Budget, an explanation
of the reasons for not using such standards.
The Agency does not believe that this proposed rule addresses any
technical standards subject to the NTTAA. A
[[Page 18802]]
commenter who disagrees with this conclusion should indicate how the
notice is subject to the Act and identify any potentially applicable
voluntary consensus standards.
List of Subjects in 40 CFR Part 430
Environmental protection, Chloroform, Effluent guidelines,
Elemental chlorine-free, Incentives, Milestones Plan, Pulp and paper
industry, Totally chlorine-free, Water pollution control.
Dated: November 14, 1997.
Carol M. Browner,
Administrator.
For the reasons set forth in the preamble, title 40 chapter I of
the Code of Federal Regulations, part 430, is proposed to be amended as
follows:
PART 430--THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY
1. The authority citation for part 430 continues to read as
follows:
Authority: Secs. 301, 304, 306, 307, 308, 402, and 501 of the
Clean Water Act, (33 U.S.C. 1311, 1314, 1316, 1317, 1318, 1342, and
1361), and section 112 of Clean Air Act (42 U.S.C. 7412).
2. Section 430.02 is amended by adding paragraph (f) to read as
follows:
Sec. 430.02 Monitoring requirements.
* * * * *
(f) Certification in Lieu of Monitoring. A discharger subject to
limitations and standards for chloroform under subpart B of this part
is not required to monitor for chloroform at a fiber line to which the
limitations or standards apply if:
(A) The discharger demonstrates, based on two years of monitoring
conducted in accordance with paragraph (a) of this section, that it is
achieving the applicable limitations or standards for chloroform;
(B) The discharger certifies at that time and annually thereafter
to the permitting or pretreatment control authority that the fiber line
does not use either elemental chlorine or hypochlorite as bleaching
agents, and that the mill consistently maintains process operation
conditions representative of those employed during the two year
compliance monitoring period required in paragraph (f)(1) of this
section, including pre-bleaching kappa numbers, use of precursor-free
raw materials, kappa factor and bleaching chemical application rates,
and other factors pertinent to the initial compliance demonstration;
and
(C) The discharger maintains records of the process and operating
conditions referenced in paragraph (f)(2) of this section for the fiber
line on site.
3. Section 430.24 is amended by revising paragraph (b)(2) and
adding paragraph (c) to read as follows:
Sec. 430.24 Effluent limitations reflecting the degree of effluent
reduction attainable by application of the 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 reflects a 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 intending to be enrolled in that program at their mill by
[insert 14 months from date of publication of the final rule] or the
date the discharger applies for NPDES permit limitations consistent
with paragraph (b) of this section, whichever is later. The Milestones
Plan must include the following information:
(1) A description of each anticipated new technology component or
process modification that is needed 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;
(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 date 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
are operational on a full-scale basis;
(iii) Contingency plans should 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
(4) A signature by the responsible corporate officer as defined in
40 CFR 122.22.
* * * * *
[FR Doc. 98-9615 Filed 4-14-98; 8:45 am]
BILLING CODE 6560-50-P
