[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