[Federal Register Volume 63, Number 152 (Friday, August 7, 1998)]
[Rules and Regulations]
[Pages 42238-42240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20413]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 63 and 430

[FRL-6132-6]
RIN 2040-AB53


National Emission Standards for Hazardous Air Pollutants for 
Source Category: Pulp and Paper Production; Effluent Limitations 
Guidelines, Pretreatment Standards, and New Source Performance 
Standards: Pulp, Paper, and Paperboard Category; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: EPA is correcting minor errors in the effluent limitations 
guidelines and standards promulgated under the Clean Water Act for a 
portion of the pulp, paper and paperboard industry and the national 
emission standards for hazardous air pollutants promulgated under the 
Clean Air Act for the pulp and paper production category, which 
appeared in the Federal Register on April 15, 1998 (63 FR 18504).

DATES: Effective on August 7, 1998.

FOR FURTHER INFORMATION CONTACT: Mr. Troy Swackhammer by voice on (202) 
260-7128 or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

Overview

    The EPA published a document in the April 15, 1998 Federal Register 
(63 FR 18504-18751) promulgating the effluent limitations guidelines 
and standards under the Clean Water Act (CWA) for a portion of the 
pulp, paper and paperboard industry and national emission standards for 
hazardous air pollutants (NESHAP) under the Clean Air Act (CAA) as 
amended in 1990 for the pulp and paper production source category. The 
final rules promulgated in the April 15, 1998 Federal Register 
contained some minor errors that are discussed briefly below and are 
corrected by this notice.

Administrative Requirements and Related Government Acts

A. The Administrative Procedure Act

    Consistent with section 553(b) of the Administrative Procedure Act 
(APA), EPA has found for good cause that notice and an opportunity to 
comment on these technical corrections is unnecessary because this rule 
merely corrects typographical errors and clerical oversights and would 
not benefit from public comment. In addition, EPA has found good cause 
under APA section 553(d)(3) for waiving the APA's 30-day delay in 
effectiveness as to these final rules. It is important that these minor 
technical corrections become effective immediately because they correct 
or clarify certain regulatory requirements that are currently 
applicable to facilities within the affected subcategories.

B. Executive Order 12866 and OMB Review

    EPA has determined that these corrections do not constitute 
``significant regulatory action'' that would trigger review by the 
Office of Management and Budget.

C. The Regulatory Flexibility Act

    EPA has determined that these corrections will not have a 
significant economic impact on a substantial number of small entities 
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 605. 
With respect to the underlying regulations that this rule corrects, EPA 
incorporates herein the findings set forth in 63 FR 18504.

D. Paperwork Reduction Act

    EPA has determined that these regulations do not contain any 
information collection requirements that require the approval of the 
Office of Management and Budget pursuant to the Paperwork Reduction 
Act, 44 U.S.C. chapter 35. With respect to the underlying regulations 
that these rules correct, EPA incorporates herein the discussion set 
forth in 63 FR 18504.

E. Unfunded Mandates Reform Act

    EPA incorporates herein the discussion set forth in 63 FR 18504.

F. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. However, section 808 provides that any rule for which 
the issuing agency for good cause finds (and incorporates the finding 
and a brief statement of reasons therefore in the rule) that notice and 
public procedure thereon are impracticable, unnecessary or contrary to 
the public interest, shall take effect at such time as the agency 
promulgating the rule determines. 5 U.S.C. 808(2). As stated 
previously, EPA has made such a good cause finding,

[[Page 42239]]

including the reasons therefore, and established an effective date of 
August 7, 1998. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
major rule as defined by 5 U.S.C. 804(2).

G. Other Applicable Executive Orders and Statutes

    EPA incorporates herein the discussion of the Executive Orders and 
statutes presented in 63 FR 18504. This technical corrections rule is 
not a ``major rule'' as defined by 5 U.S.C. 804(2); therefore, it is 
not subject to the 60-day delay in effectiveness specified under the 
Small Business Regulatory Enforcement Fairness Act of 1996.

H. Protection of Children from Environmental Health Risks and Safety 
Risks

    This final rule is not subject to E.O. 13045, entitled ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because ``this is not an economically 
significant regulatory action as defined by E.O. 12866.''

    Dated: July 24, 1998.
Robert Perciasepe,
Assistant Administrator for Air and Radiation.
J. Charles Fox,
Acting Assistant Administrator for Water.
    The following corrections are made in FRL-5924-8, National Emission 
Standards for Hazardous Air Pollutants for Source Category: Pulp and 
Paper Production; Effluent Limitations Guidelines, Pretreatment 
Standards, and New Source Performance Standards: Pulp, Paper, and 
Paperboard Category, which was published in the Federal Register on 
April 15, 1998 (63 FR 18504).


Sec. 63.446  [Corrected]

    1. On page 18621, second column, in Sec. 63.446, paragraph (i) is 
corrected to read:
* * * * *
    (i) For the purposes of meeting the requirements in paragraphs 
(c)(3), (e)(4), or (e)(5) of this section at mills producing both 
bleached and unbleached pulp products, owners and operators may meet a 
prorated mass standard that is calculated by prorating the applicable 
mass standards (kilograms of total HAP per megagram of ODP) for 
bleached and unbleached pulp products specified in paragraphs (c)(3), 
(e)(4), or (e)(5) of this section by the ratio of annual megagrams of 
bleached and unbleached ODP.
* * * * *


Sec. 63.447  [Corrected]

    2. On page 18621, third column, in Sec. 63.447, paragraph (d)(1) is 
corrected to read:
* * * * *
    (d) * * *
    (1) Process and air pollution control equipment installed and 
operating on December 17, 1993, and.
* * * * *


Sec. 430.01  [Corrected]

    3. On page 18637, third column, Sec. 430.01(i), the second sentence 
is corrected to read, ``The following minimum levels apply to 
pollutants in this part:''.
    4. On page 18639, second column, in Sec. 430.01, paragraph (p) is 
corrected to read:
* * * * *
    (p) TCDF. 2,3,7,8-tetrachlorodibenzofuran.
* * * * *


Sec. 430.24  [Corrected]

    5. On page 18654, in Sec. 430.24 (b)(4)(i) in the table entitled 
``Ultimate Voluntary Advanced Technology Incentives Program BAT 
Limitations,'' in the sixth column, the third line under ``Annual 
average'' is corrected to read ``0.05''; in note b, the second sentence 
is corrected to read, ``Under Tier I, this includes all filtrates up to 
the point where kappa number is measured''; and in note d, the second 
sentence is corrected to read, ``N/A means ``not applicable.''
    6. On page 18654, first column, in Sec. 430.24, paragraph 
(b)(4)(ii)(A) is corrected to read:
* * * * *
    (b) * * *
    (4) * * *
    (ii) * * *
    (A) A discharger enrolled in Tier I of the Voluntary Advanced 
Technology Incentives Program must achieve the Tier I limitations in 
paragraph (b)(4)(i) of this section by April 15, 2004.
* * * * *
    7. On page 18654, third column, in Sec. 430.24 (d), the second 
sentence is corrected to read, ``Also, for non-continuous dischargers, 
concentration limitations (mg/l) shall apply.''


Sec. 430.24  [Corrected]

    8. On page 18657, in Sec. 430.25(b) in the table entitled ``Subpart 
B,'' in the first column, the first line is corrected to read, ``AOX''; 
the second line is corrected to read,''BOD5''; and the third line is 
corrected to read, ``TSS''. In the second column, the second line is 
corrected to read ``4.52d'' and third line is corrected to 
read ``8.47d''.


Sec. 430.26  [Corrected]

    9. On page 18658, third column, in Sec. 430.26, the last four lines 
of the introductory text are corrected to read,''pollutants into a 
publicly owned treatment works must comply with 40 CFR part 403 and 
must achieve the following pretreatment standards for existing sources 
(PSES).''
    10. On page 18659, in Sec. 430.26, paragraph (a)(2) introductory 
text is corrected to read:
* * * * *
    (a) * * *
    (2) The following pretreatment standards apply with respect to each 
fiber line operated by an indirect discharger subject to this section 
if the indirect discharger discloses to the pretreatment control 
authority in a report submitted under 40 CFR 403.12(b), (d), or (e) 
that it uses exclusively TCF bleaching processes at that fiber line. 
These pretreatment standards must be attained on or before April 16, 
2001:
* * * * *


Sec. 430.27  [Corrected]

    11. On pages 18659 and 18660, in the third and first columns, in 
Sec. 430.27 the introductory text is corrected to read:
    Except as provided in 40 CFR 403.7, any new source subject to this 
subpart that introduces pollutants into a publicly owned treatment 
works must comply with 40 CFR part 403 and must achieve the following 
pretreatment standards for new sources (PSNS).
* * * * *
    12. On page 18660, in Sec. 430.27, paragraph (a)(2) is corrected to 
read:
* * * * *
    (a) * * *
    (2) The following pretreatment standards apply with respect to each 
new source fiber line operated by an indirect discharger subject to 
this section if the indirect discharger discloses to the pretreatment 
control authority in a report submitted under 40 CFR 403.12(b), (d), or 
(e) that it uses exclusively TCF bleaching processes at that fiber 
line:
* * * * *
    13. On page 18683, third column, in Sec. 430.56, the last four 
lines of the introductory text are corrected to read ``treatment works 
must comply with 40 CFR part 403 and must achieve the following 
pretreatment standards for existing sources (PSES).''

[[Page 42240]]

Sec. 430.56  [Corrected]

    14. On page 18683, in Sec. 430.56(a)(1) in the table entitled 
``SUBPART E [Production of Calcium-, Magnesium-, or Sodium-based 
Sulfite Pulps],'' in the second column, the first entry is corrected to 
read ``a''.
    15. On page 18684, in Sec. 430.56(a)(2)(ii) in the table entitled 
``SUBPART E-PRODUCTION OF AMMONIUM-BASED SULFITE PULPS,'' the title in 
the second column is corrected to read ``PSES (TCF)''.
    16. On page 18684, second column, in Sec. 430.56(a)(3)(ii), the 
reference to ``40 CFR 403.12(b)'' is corrected to read, ``40 CFR 
403.12(b), (d), or (e)''.


Sec. 430.57  [Corrected]

    17. On page 18685, in Sec. 430.57, paragraph (a)(2)(ii) is 
corrected to read:
* * * * *
    (a) * * *
    (2) * * *
    (ii) The following pretreatment standards apply with respect to 
each new source fiber line operated by an indirect discharger producing 
ammonium-based sulfite pulps if the indirect discharger discloses to 
the pretreatment control authority in a report submitted under 40 CFR 
403.12(b), (d), or (e) that it uses exclusively TCF bleaching processes 
at that fiber line:
* * * * *
    18. On page 18686, in Sec. 430.57, paragaph (a)(3)(ii) introductory 
text is corrected to read:
* * * * *
    (a) * * *
    (3) * * *
    (ii) The following pretreatment standards apply with respect to 
each new source fiber line operated by an indirect discharger producing 
specialty grade sulfite pulps if the indirect discharger discloses to 
the pretreatment control authority in a report submitted under 40 CFR 
403.12(b), (d), or (e) that it uses exclusively TCF bleaching processes 
at that fiber line:
* * * * *
[FR Doc. 98-20413 Filed 8-6-98; 8:45 am]
BILLING CODE 6560-50-P