[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:[email protected]. 
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