[Federal Register Volume 63, Number 248 (Monday, December 28, 1998)]
[Proposed Rules]
[Pages 71408-71411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34307]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-6210-4]
RIN 2060-AH74
National Emission Standards for Hazardous Air Pollutants for
Source Categories: Pulp and Paper Production
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule and notice of public hearing.
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SUMMARY: Under the authority of the Clean Air Act, as amended, the EPA
has promulgated standards (63 FR 18504, April 15, 1998) to reduce
hazardous air pollutant (HAP) emissions from the pulp and paper
production source category. This rule is known as the Pulp and Paper
national emission standards for hazardous air pollutants (NESHAP) and
is the air component of the integrated air and water rules for the pulp
and paper industry, commonly known as the Pulp and Paper Cluster Rules.
The rule applies to pulp and paper production processes included under
the Standard Industrial Classification (SIC) code 26.
In this action, the EPA is proposing to amend certain regulatory
text in the NESHAP regarding the Voluntary Advanced Technology
Incentives Program. The EPA views the amendments to be noncontroversial
and anticipates no adverse comments. Consequently, the EPA also is
publishing these amendments to the NESHAP as a direct final rule in the
RULES AND REGULATIONS section of today's Federal Register publication.
If no significant, adverse comments regarding the proposed amendments
are received by the date specified in this document, then the EPA will
take no further action with respect to this proposal and the amendments
to the NESHAP will become effective on the date provided in the direct
final rule.
DATES: Comments. The EPA will accept comments regarding these proposed
amendments on or before January 27, 1999. Additionally, a public
hearing regarding the proposed amendments will be held if anyone
requesting to speak contacts the EPA by January 19, 1999. If a hearing
is requested, the hearing will be held on January 27, 1999 beginning at
10:00 a.m., and the record on the hearing will remain open for 30 days
after the hearing date to provide an opportunity for submittal of
rebuttal and additional information. For more information about
submittal of comments and the public hearing, see the SUPPLEMENTARY
INFORMATION section in the notice.
ADDRESSES: Comments. Written comments (in duplicate, if possible)
should be submitted to Docket No. A-92-40 at the following address:
U.S. Environmental Protection Agency, Air and Radiation Docket and
Information Center (MC-6102), 401 M Street, SW, Washington, DC 20460.
The EPA requests that a separate copy of the comments also be sent to
the contact person listed below.
Today's document and other materials related to these proposed
amendments are available for review in the docket. Copies of this
information may be obtained by request from the Air Docket by calling
(202) 260-7548. A reasonable fee may be charged for copying docket
materials.
FOR FURTHER INFORMATION CONTACT: Mr. Steve Silverman, Office of General
Counsel, U.S. Environmental Protection Agency, 401 M Street, SW,
Washington, DC 20460, telephone number (202) 260-7716. For technical
information regarding the NESHAP, contact Mr. Stephen Shedd, Emissions
Standards Division, U.S. Environmental Protection Agency, Research
Triangle Park, NC 27711, telephone number (919) 541-5397 or e-mail at
[email protected].
SUPPLEMENTARY INFORMATION: Regulated entities. Entities potentially
regulated by this action include:
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Category SIC code Examples of regulated entities
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Industry.............. 26 Pulp mills and integrated mills
(mills that manufacture pulp and
paper/paperboard) that chemically
pulp wood fiber.
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[[Page 71409]]
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be interested in the
proposed amendments to the regulation affected by this action. This
table lists the types of entities that the EPA is now aware could
potentially be regulated by this action. To determine whether your
facility is regulated by this action, you should carefully examine the
applicability criteria in part 63, subparts A and S of Title 40 of the
Code of Federal Regulations.
Information contacts. If you have questions regarding the
applicability of this action to a particular situation or questions
about compliance approaches, permitting, enforcement, and rule
determinations, please contact the appropriate regional representative
below.
Region I: Greg Roscoe, Chief, Air Pesticides and Toxics Enforcement
Office, Office of Environmental Stewardship, U.S. EPA, Region I, JFK
Federal Building (SEA), Boston, MA 02203, (617) 565-3221. Technical
Contact for Applicability Determination, Susan Lancey, (617) 565-3587,
(617) 565-4940 (Fax).
Region II: Mosey Ghaffari, Air Compliance Branch, U.S. EPA, Region II,
290 Broadway, New York, NY 10007-1866, (212) 637-3925, (212) 637-3998
(Fax).
Region III: Makeba Morris, U.S. EPA, Region III, 3AT10, 1650 Arch
Street, Philadelphia, PA 19103, (215) 814-2187.
Region IV: Lee Page, U.S. EPA, Region IV, Atlanta Federal Center, 100
Alabama Street, Atlanta, GA 30303, (404) 562-9131.
Region V: Christina Prasinos (AE-17J), U.S. EPA, Region V, 77 West
Jackson Street, Chicago, IL 60604-3590, (312) 886-6819, (312) 353-8289
(Fax).
Region VI: Michelle Kelly, Air Enforcement Branch (6EN-AA), U.S. EPA,
Region VI, Suite 1200, 1445 Ross Avenue, Dallas, TX 75202-2733, (214)
665-7580, (214) 665-7446 (Fax).
Region VII: Gary Schlicht, Air Permits and Compliance Branch, U.S. EPA,
Region VII, ARTD/APCO, 726 Minnesota Avenue, Kansas City, KS 66101,
(913) 551-7097.
Region VIII: Tami Thomas-Burton, Air Toxics Coordinator, U.S. EPA,
Region VIII, Suite 500, 999 18th Street, Denver, CO 80202-2466, (303)
312-6581, (303) 312-6064 (Fax).
Region IX: Ken Bigos, U.S. EPA, Region IX, A-5, 75 Hawthorne Street,
San Francisco, CA 94105, (415) 744-1240.
Region X: Andrea Wallenweber, Office of Air Quality, U.S. EPA, Region
X, OAQ-107, 1200 Sixth Avenue, Seattle, WA 98101, (206) 553-8760, (206)
553-0404 (Fax).
Technology Transfer Network. The Technology Transfer Network (TTN)
is a network of the EPA's electronic bulletin boards. The TTN provides
information and technology exchange in various areas of air pollution
control. Information regarding the basis and purpose of this rule and
other relevant documents can be found on the pulp and paper page of the
EPA's Unified Air Toxics website (UATW) at ``www.epa.gov/ttn/uatw/pulp/
pulppg.html''. For more information on the TTN, call the HELP line at
(919) 541-5384.
Public hearing. If a public hearing is requested by the required
date (see DATES section in this notice), the public hearing will be
held at the EPA Office of Administration Auditorium, Research Triangle
Park, NC. Persons interested in presenting oral testimony or inquiring
as to whether a hearing is to be held should contact Ms. JoLynn
Collins, Waste and Chemical Processes Group, Emission Standards
Division (MD-13), U.S. Environmental Protection Agency, Research
Triangle Park, NC, 27711, telephone number (919) 541-5671.
Docket. Docket A-92-40 contains the supporting information for the
original NESHAP and this action. Today's notice and other materials
related to this proposal are available for review in the docket. The
docket is available for public inspection and copying between 8:00 a.m.
and 5:30 p.m., Monday through Friday except for Federal holidays at the
Air and Radiation Docket and Information Center (MC-6102), U.S.
Environmental Protection Agency, 401 M Street, SW, Room M-1500,
Washington, DC 20460. Copies of docket information also may be obtained
by request from the Air Docket by calling (202) 260-7548. A reasonable
fee may be charged for copying docket materials.
I. Description of Proposed Amendments
The EPA is proposing to amend the interim NESHAP for chloroform
emissions from mills which have enrolled in the Voluntary Advanced
Technology Incentives Program (VATIP). In the RULES AND REGULATIONS
section of today's Federal Register, we are promulgating this same
amendment as a direct final rule without prior proposal because the
Agency views this as a noncontroversial revision and anticipates no
adverse comment. The EPA has explained the reasons for making this
amendment in the preamble to the direct final rule, and does not
believe it necessary to repeat that discussion here. If EPA receives
adverse comment, EPA will withdraw the direct final rule and it will
not take effect. EPA will address all public comments in a subsequent
final rule based on this proposed rule. The EPA will not institute a
second comment period on this action. Any parties interested in
commenting must therefore do so at this time.
II. Administrative Requirements
A. Docket
The docket is an organized and complete file of all the information
considered by the EPA in the development of this rulemaking. The docket
is a dynamic file, because material is added throughout the rulemaking
development. The docketing system is intended to allow members of the
public and industries involved to readily identify and locate documents
so that they can effectively participate in the rulemaking process.
Along with the proposed and promulgated standards and their preambles,
the contents of the docket, except for certain interagency documents,
will serve as the record in case of judicial review. See CAA section
307(d)(7)(A).
B. Public Hearing
A public hearing will be held, if requested, to discuss the
proposed amendments in accordance with section 307(d)(5) of the Act. If
a public hearing is held, the EPA will ask clarifying questions during
the oral presentations but will not respond to the presentations or
comments. To provide an opportunity for all who may wish to speak, oral
presentations will be limited to 15 minutes each. Any member of the
public may file a written statement (see DATES and ADDRESSES). Written
statements and supporting information will be considered with
equivalent weight as any oral statement and supporting information
subsequently presented at a public hearing, if held.
C. Paperwork Reduction Act
The information requirements of the previously promulgated NESHAP
were submitted for approval to the Office of Management and Budget
(OMB) on April 27, 1998 under the Paperwork Reduction Act, 44 U.S.C.
3501 et seq. An Information Collection Request (ICR) document has been
prepared by the EPA (ICR No. 1657.03), and a copy may be obtained from
Sandy Farmer, OPPE Regulatory Information Division; U.S. Environmental
Protection Agency (2137); 401 M Street, SW; Washington, DC 20460 or by
calling (202) 260-2740.
[[Page 71410]]
The information requirements are not effective until OMB approves them.
Today's proposed amendments to the NESHAP will have no impact on
the information collection burden estimates made previously. The
changes add a compliance alternative to a particular standard and
therefore does not mandate any new requirements. Consequently, the ICR
has not been revised.
D. Executive Order 12866: ``Significant Regulatory Action''
Determination
Under Executive Order 12866, the EPA must determine whether the
proposed regulatory action is ``significant'' and, therefore, subject
to OMB review and the requirements of the Executive Order. The order
defines a ``significant'' regulatory action as one that is likely to
lead to a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, public health or safety in State, local, or tribal governments
or communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
The NESHAP subpart S rule published on April 15, 1998 was
considered significant under Executive Order 12866, and a regulatory
impact analysis (RIA) was prepared. The amendments proposed today
provide an additional means of achieving an interim MACT standard for
chloroform emissions from bleaching systems at certain mills. The OMB
has evaluated this action and determined it to be nonsignificant; thus,
it did not require OMB review.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. The EPA determined that it is not necessary to prepare a
regulatory flexibility analysis in connection with this action. These
proposed amendments would not result in increased impacts to small
entities and the proposed changes to the rule in today's action do not
mandate new control requirements to the April 15, 1998 rule.
F. Unfunded Mandates Reform Act
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), the EPA must prepare a budgetary impact
statement to accompany any proposed or final rule that includes a
Federal mandate that may result in estimated costs to State, local, or
tribal governments in the aggregate, or to the private sector, of $100
million or more. Under section 205, the EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives
of the rule and is consistent with statutory requirements. Section 203
requires the EPA to establish a plan for informing and advising any
small governments that may be significantly or uniquely impacted by the
rule.
The EPA has determined that the action proposed today does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate or to the private sector. Therefore, the requirements of the
Unfunded Mandates Act do not apply to today's action.
G. Executive Order 12875: Enhancing the Intergovernmental
Partnership
Under Executive Order 12875, the EPA may not issue a regulation
that is not required by statute and that creates a mandate upon a
State, local, or tribal government unless the Federal government
provides the funds necessary to pay the direct compliance costs
incurred by those governments, or the EPA consults with those
governments. If the EPA complies by consulting, Executive Order 12875
requires the EPA to provide to OMB a description of the extent of the
EPA's prior consultation with representatives of affected State, local,
and tribal governments, the nature of their concerns, copies of any
written communications from the governments, and a statement supporting
the need to issue the regulation. In addition, Executive Order 12875
requires the EPA to develop an effective process permitting elected
officials and other representatives of State, local, and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
While the final rule published on April 15, 1998 does not create
mandates upon State, local, or tribal governments, the EPA involved
State and local governments in its development. Because today's action,
would add a degree of flexibility to the current rule by creating a
different means of achieving an interim MACT standard for chloroform
emissions from bleaching systems at certain mills, today's action does
not create a mandate upon State, local, or tribal governments.
H. Executive Order 13045: Protection of Children from Environmental
Health Risks and Safety Risks
Executive Order 13045 applies to any rule that the EPA determines
(1) is economically significant as defined under Executive Order 12866,
and (2) the environmental health or safety risk addressed by the rule
has a disproportionate effect on children. If the regulatory action
meets both criteria, the EPA must evaluate the environmental health or
safety effects of the planned rule on children and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the EPA.
Today's action is not subject to Executive Order 13045 because it
does not involve decisions on environmental health or safety risks that
may disproportionately affect children.
I. Executive Order 13084: Consultation and Coordination with Indian
Tribal Governments
Under Executive Order 13084, the EPA may not issue a regulation
that is not required by statute, that significantly or uniquely affects
the communities of Indian tribal governments, and that imposes
substantial direct compliance costs on those communities unless the
Federal government provides the funds necessary to pay the direct
compliance costs incurred by the tribal governments, or the EPA
consults with those governments. If the EPA complies by consulting,
Executive Order 13084 requires the EPA to provide to the OMB, in a
separately identified section of the preamble to the rule, a
description of the extent of the EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires the EPA to
develop an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that
[[Page 71411]]
significantly or uniquely affect their communities.''
Today's action does not significantly or uniquely affect the
communities of Indian tribal governments. The final rule published on
April 15, 1998 does not create mandates upon tribal governments.
Because today's action interprets the requirements of the final rule,
today's action does not create a mandate on tribal governments.
Accordingly, the requirements of section 3(b) of Executive Order 13084
do not apply to this action.
J. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) directs all Federal agencies to use voluntary consensus
standards instead of government-unique standards in their regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, business practices) that are developed or adopted by one or
more voluntary consensus standards bodies. Examples of organizations
generally regarded as voluntary consensus standards bodies include the
American Society for Testing and Materials (ASTM), the National Fire
Protection Association (NFPA), and the Society of Automotive Engineers
(SAE). The NTTAA requires Federal agencies like the EPA to provide
Congress, through OMB, with explanations when an agency decides not to
use available and applicable voluntary consensus standards.
The proposed amendments do not involve any new technical standards
or the incorporation by reference of existing technical standards.
Therefore, consideration of voluntary consensus standards is not
relevant to this action.
III. Legal Authority
These regulations are amended under the authority of sections 112,
114, and 301 of the Clean Air Act, as amended (42 U.S.C. sections 7412,
7414, and 7601).
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations.
Dated: December 18, 1998.
Carol M. Browner,
Administrator.
[FR Doc. 98-34307 Filed 12-24-98; 8:45 am]
BILLING CODE 6560-50-P