[Federal Register Volume 64, Number 129 (Wednesday, July 7, 1999)]
[Rules and Regulations]
[Pages 36580-36586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17207]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 430

[FRL-6372-9]
RIN 2040-AD05


Amendment to the Effluent Limitations Guidelines and Standards 
for the Bleached Papergrade Kraft and Soda Subcategory of the Pulp, 
Paper, and Paperboard Point Source Category: Final Rule; OMB Approvals 
Under the Paperwork Reduction Act: Technical Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendments.

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SUMMARY: This action promulgates an amendment to the effluent 
limitations guidelines and standards under the Clean Water Act for the 
pulp, paper and paperboard point source category. The amendment affects 
only existing direct discharging mills in the Bleached Papergrade Kraft 
and Soda Subcategory that choose to enroll in the Voluntary Advanced 
Technology Incentives Program (VATIP). EPA established the VATIP as 
part of the final Pulp and Paper ``Cluster Rules'' on April 15, 1998. 
Today's amendment adds a component to the VATIP. This amendment 
requires a plan (referred to as the ``Milestones Plan'') specifying 
research, construction, and other activities leading to achievement of 
the VATIP effluent limitations with accompanying dates for achieving 
these milestones. The purpose of the Milestones Plan is to provide the 
permitting authority with mill-specific information upon which to base 
permit requirements reflecting reasonable interim milestones. In 
compliance with the Paperwork Reduction Act (PRA), this action also 
makes a technical amendment to the table in Part 9 that lists the 
Office of Management and Budget (OMB) control numbers issued under the 
PRA for Pulp, Paper, and Paperboard Point Source Category. EPA is 
amending Part 9 to include the OMB control number for the Milestones 
Plan requirement being promulgated today and the OMB control number for 
the information collection requirements associated with the best 
management practices regulations promulgated last year as part of the 
Cluster Rules.

DATES: The effective date of these amendments is August 6, 1999. For 
compliance dates, see the SUPPLEMENTARY INFORMATION section under the 
heading ``Compliance Dates.''

ADDRESSES: 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, 20460. For access to 
docket materials, call (202) 260-3027 between 9:00 a.m. and 3:30 p.m. 
for an appointment.

FOR FURTHER INFORMATION CONTACT: Mr. Mark A. Perez, Engineering and 
Analysis Division (4303), U.S. Environmental Protection Agency, 401 M 
Street SW, Washington, D.C. 20460; call (202) 260-2275 or e-mail: 
[email protected]. Information is also available from the EPA pulp and 
paper website: http://www.epa.gov/OST/pulppaper.

SUPPLEMENTARY INFORMATION:

Overview

    This preamble describes the legal authority for the amendment to 
Part 430, background information on the VATIP, and the rationale for 
the Milestones Plan. It also discusses the technical amendment to Part 
9.

Regulated Entities

    Entities potentially regulated by the amendment to Part 430 are 
those existing, direct discharging mills that chemically pulp wood 
fiber using kraft or soda methods to produce bleached papergrade pulp 
and/or bleached paper or paperboard, if they choose to enroll in the 
VATIP. Entities affected by the technical amendment to Part 9 are those 
operations that chemically pulp wood fiber using kraft, sulfite, or 
soda methods to produce bleached papergrade pulp and/or bleached paper/
paperboard, insofar as today's technical amendment means the mills in 
Subparts B and E are now required to comply with the information 
collection requirements contained in 40 CFR 430.03 (subject to the 
deadlines in 40 CFR 430.03(j)). Regulated categories and entities 
include:

[[Page 36581]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                  Examples of regulated
        Category                            Rule                             SIC code                     NAICS code                    entities
--------------------------------------------------------------------------------------------------------------------------------------------------------
Industry................  Amendment to Part 430...................  2611, 2621................  32211, 322121.................  Existing, direct
                                                                                                                                 discharging Bleached
                                                                                                                                 Papergrade Kraft and
                                                                                                                                 Soda mills that choose
                                                                                                                                 to enroll in the
                                                                                                                                 Voluntary Advanced
                                                                                                                                 Technology Incentives
                                                                                                                                 Program.
Industry................  Amendment to Part 9.....................  2611, 2621................  32211, 322121.................  Mills that chemically
                                                                                                                                 pulp wood fiber using
                                                                                                                                 kraft, sulfite, or soda
                                                                                                                                 methods to produce
                                                                                                                                 bleached papergrade
                                                                                                                                 pulp and/or bleached
                                                                                                                                 paper/paperboard.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by today's 
actions. This table lists the types of entities that EPA is now aware 
could potentially be regulated by today's actions. Other types of 
entities not listed in the table could also be affected. To determine 
whether your facility is regulated by today's actions, you should 
carefully examine the applicability criteria in Section 430.20 of Title 
40 of the Code of Federal Regulations. If you have questions regarding 
the applicability of today's actions to a particular entity, consult 
the person listed in the preceding FOR FURTHER INFORMATION CONTACT 
section.

Judicial Review

    In accordance with 40 CFR 23.2, today's rule shall be considered 
promulgated for the purposes of judicial review at 1 pm Eastern Time on 
July 21, 1999. Under section 509(b)(1) of the Clean Water Act (CWA), 
judicial review of today's amendment to the effluent limitations 
guidelines and standards already codified at 40 CFR Part 430 is 
available in the United States Court of Appeals by filing a petition 
for review within 120 days from the date of promulgation of this 
amendment. Under section 509(b)(2) of the CWA, the requirements in this 
regulation may not be challenged later in civil or criminal proceedings 
brought by EPA to enforce these requirements.

Compliance Dates

    Existing, direct dischargers presently enrolled or intending to 
enroll in the Voluntary Advanced Technology Incentives Program must 
comply with the requirements of this amendment by October 5, 1999, or 
by the date the discharger applies for a National Pollutant Discharge 
Elimination System (NPDES) permit containing limitations and conditions 
based on 40 CFR 430.24(b), whichever is later.

I. Legal Authority

    This regulation establishes requirements for submitting a 
Milestones Plan by existing, direct discharging mills that choose to 
enroll in the Voluntary Advanced Technology Incentives Program (VATIP). 
This amendment to Part 430 is promulgated under the authority of 
Sections 301, 304, 308, 402, and 501 of the Clean Water Act, as 
amended, (33 U.S.C. 1311, 1314, 1318, 1342, and 1361), and Section 112 
of Clean Air Act, as amended (42 U.S.C. 7412). The technical amendment 
to Part 9 is promulgated under the authority of 7 U.S.C 135 et seq., 
136-136y; 15 U.S.C. 2001, 2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 
346a, 348; 31 U.S.C. 9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 
1318, 1321, 1326, 1330, 1342, 1344, 1345(d) and (e), 1361; E.O. 11735, 
38 FR 21243, 3 CFR, 1971-1975 Comp. # 973; 42 U.S.C. 241, 242b, 243, 
246, 300f, 300g, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-
1, 300j-2, 300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-
7671q, 7542, 9601-9657, 11023, 11048.

II. The Milestones Plan Amendment

A. Background on the Voluntary Advanced Technology Incentives Program

    EPA promulgated effluent limitations guidelines and standards for 
the Bleached Papergrade Kraft and Soda (Subpart B) subcategory of the 
pulp, paper and paperboard point source category on April 15, 1998 (40 
CFR Part 430). Those regulations are commonly referred to as the 
Cluster Rules. In Section 430.24 of the final rule, EPA created the 
Voluntary Advanced Technology Incentives Program (VATIP), whereby 
participating mills agree to accept enforceable effluent limitations 
and conditions in their National Pollutant Discharge Elimination System 
(NPDES) permits that are more stringent than the baseline Best 
Available Technology Economically Achievable (BAT) limitations that 
would otherwise apply, in exchange for regulatory-and enforcement-
related rewards and incentives.
    The VATIP effluent limitations for existing, direct discharging 
mills are specified in 40 CFR 430.24(b). EPA established the VATIP for 
Subpart B to encourage direct discharging mills to move beyond baseline 
BAT technologies toward the ``mill of the future,'' which EPA believes 
will have a minimum impact on the environment. The development of 
increasingly more advanced process technologies that minimize the 
discharge of wastewater and wastewater pollutants is a critical step 
toward the Clean Water Act's ultimate goal of eliminating the discharge 
of pollutants into the Nation's waters. Therefore, the VATIP promotes 
EPA's statutory goal and establishes limitations that act as a beacon 
to show what is possible. (EPA also established an incentives program 
for new direct discharging sources, see 40 CFR 430.25(c), but today's 
amendment does not apply to that program.)
    Existing, direct discharging mills that enroll in the VATIP can 
choose among three different levels of ultimate performance 
requirements, expressed as Tier I, Tier II, or Tier III. Tier III is 
the most stringent of the tiers. Each BAT Tier is made up of an array 
of increasingly more stringent effluent limitations in the form of 
enforceable milestones. See, e.g., 40 CFR 430.24(b)(2). Each tier 
culminates in the ultimate performance requirements of that particular 
tier. See 40 CFR 430.24(b)(4)(I). EPA is providing incentives that 
include additional time for achieving those requirements. Mills 
enrolled at BAT Tier I have until April 15, 2004 to achieve their 
ultimate VATIP effluent limitations. For Tier II, the date is April 15, 
2009, and for Tier III the date is April 15, 2014. See 40 CFR 
430.24(b)(4)(ii). For further details on the incentives associated with 
this voluntary program, see Section IX of the preamble to the Cluster 
Rules (63 FR 18504, 18593-611 (April 15, 1998)) and The Voluntary 
Advanced Technology Incentives Program Technical Support Document (DCN 
14488 in the rulemaking record).
    In order to facilitate achievement of the ultimate VATIP 
limitations required by this program, today's rule requires all 
existing mills participating in the VATIP to submit a Milestones Plan 
to the NPDES permitting authority detailing, for each enrolled fiber 
line,

[[Page 36582]]

the strategy the mill will follow to develop and implement the 
technologies or processes it intends to use to achieve the VATIP 
limitations associated with the chosen incentive tier. EPA proposed 
this amendment at the same time it promulgated the Cluster Rules, 
including the VATIP. See 63 FR 18796 (April 15, 1998).

B. Rationale for the Milestones Plan

    The Milestones Plan described in this amendment to 40 CFR 430.24 is 
intended to provide information to the permitting authority for its use 
in developing interim limitations and/or permit conditions under 40 CFR 
430.24(b)(2). The purpose of those limitations and conditions, 
identified as Best Professional Judgment Milestones in the current 
regulation, is to ensure that existing mills enrolled in the VATIP will 
make reasonable progress toward the achievement of the interim and 
ultimate Voluntary Advanced Technology BAT limitations codified at 40 
CFR 430.24(b)(3) and (4). The Milestones Plan required by today's rule 
is not itself enforceable, but rather serves as the basis for the Best 
Professional Judgment Milestones limitations and conditions, which are 
enforceable. EPA intends that an individualized Milestones Plan for 
each existing mill enrolled in the VATIP will provide sufficient 
flexibility to the mill and the permitting authority so that the Best 
Professional Judgment Milestones limitations and conditions in the 
NPDES permit can reflect the unique situation at that mill.

C. Description of the Milestones Plan

    The Milestones Plan requirement is codified at 40 CFR 430.24(c). 
The Milestones Plan, which must address each fiber line enrolled in the 
VATIP, must describe each envisioned new technology component or 
process modification the mill intends to implement in order to achieve 
the applicable Voluntary Advanced Technology BAT limits. See 40 CFR 
430.24(c)(1). In addition, the Milestones Plan must include a master 
schedule showing the sequence of implementing the new technologies and 
process modifications and identifying critical path relationships 
within the sequence. See 40 CFR 430.24(c)(2).
    The Milestones Plan must include for each new technology or process 
modification, a schedule that identifies 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. EPA expects research, process development, and mill 
trials to be undertaken 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 Milestones Plan must also 
include the anticipated dates that the technologies and processes 
identified in the Milestones Plan will be fully operational, including 
the appropriate anticipated magnitude of reductions in effluent 
quantity and anticipated improvements in effluent quality associated 
with each technology and process modification implemented 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), and the dates the 
discharger expects those reductions and improvements to be achieved. 
See 40 CFR 430.24(c)(3). The anticipated reductions in effluent 
quantity and improvement in effluent quality described in the 
Milestones Plan will assist the permitting authority in establishing 
interim milestones.
    The plan also must 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 
VATIP limitations are achieved by the dates specified in 40 CFR 
430.24(b). See 40 CFR 430.24(c)(4). EPA believes that contingency 
planning is appropriate because mills may decide to employ innovative 
or untested technologies and processes to achieve the VATIP 
limitations, and EPA wants to ensure that achievement of those 
limitations will not be delayed in the event certain preliminary 
approaches prove to be unsuccessful. Indeed, the time periods specified 
for complying with the ultimate Tier II and Tier III VATIP limitations 
specifically took into account the uncertainties surrounding some of 
the associated technologies and processes. See 63 FR at 18605. The 
Milestones Plan must be signed by the responsible corporate officer as 
defined in 40 CFR 122.22. See 40 CFR 430.24(c)(5).
    Mills at all Tier levels are encouraged to provide, as an appendix 
to the Milestones Plan, vendor documentation or preliminary studies. 
Mills enrolling in either Tier II or III levels are also encouraged to 
provide feasibility studies, research proposals and reports, and 
literature on minimum effluent technology. Mills enrolling in the Tier 
III level are additionally encouraged to provide literature on closed 
cycle technology.

D. Permit Writers' Responsibilities

    EPA expects the permitting authority to use the information 
contained in these Milestones Plans, as well as its own best 
professional judgment, to establish enforceable narrative or numeric 
limitations and/or special permit conditions that reflect these interim 
milestones. EPA also expects permit writers to include reopener clauses 
in the permits to adjust these limitations and conditions as 
appropriate to reflect the results of research, process development, 
mill trials, and contingencies the permit writer gathers during 
periodic review of the mill's progress in implementation of the 
Milestones Plan.

E. Changes Since Proposal

    EPA received comments on the proposed Milestones Plan regulation 
indicating that a mill may wish to claim as Confidential Business 
Information (CBI) the technologies or processes by which it intends to 
achieve the interim and ultimate VATIP limitations. EPA agrees that 
this situation could occur. Therefore, although not required to do so, 
because Part 2 controls in any case, EPA is including language in the 
final rule in Section 430.24(c) specifically indicating that a mill can 
claim all or part of the Milestones Plan as confidential. To assert 
such claims, the discharger would need to follow procedures set forth 
in 40 CFR Part 2 and 40 CFR 122.7. Such claims would then be handled 
pursuant to 40 CFR Part 2 when EPA is the permitting authority and 
pursuant to applicable state rules and regulations governing CBI when 
states are the permitting authorities.
    Today's final regulation also requires mills asserting a CBI claim 
to prepare a public summary of the confidential portion of the plan and 
to submit that summary to the permitting authority along with the 
Milestones Plan. This requirement would allow the public, on request, 
to obtain information about the mill's progress in achieving its VATIP 
limitations.
    Today's final regulation also corrects an inadvertent omission that 
occurred in the proposal. In the preamble to the proposed rule, EPA 
described the proposed rule as including a requirement for mills to 
describe in the Milestones Plan the anticipated reductions in effluent 
quantity and improvements in effluent quality as measured at the bleach 
plant (for bleach

[[Page 36583]]

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). See 63 FR at 18798. EPA intended to include this provision 
in the proposed regulatory text as well as in the preamble, but did not 
do so. Today's final regulation incorporates this provision at Section 
430.24(c)(3). In the final regulation, EPA is also clarifying that the 
requirement to include contingency plans in the Milestones Plan is a 
stand-alone requirement rather than simply a facet of the milestone 
schedules, as may have been implied by the proposal. This provision is 
now set forth at 40 CFR 430.24(c)(4). EPA is also making minor 
additional changes to enhance clarity. The burden estimates developed 
by EPA for these provisions under the Paperwork Reduction Act reflected 
the requirements as promulgated today rather than as set forth in the 
proposed regulatory text.

III. The Technical Amendments to     Part 9

    EPA is also amending the table of currently approved information 
collection request (ICR) control numbers issued by the Office of 
Management and Budget (OMB) for various regulations. Today's amendment 
updates the table to list the information requirements promulgated 
under today's Milestones Plan amendment, as well as the information 
requirements for direct and indirect dischargers associated with the 
best management practices (BMPs) promulgated as part of the Pulp and 
Paper Cluster Rules, which appeared in the Federal Register on April 
15, 1998. See 63 FR 18504. The affected regulations are codified at 40 
CFR 430.24(c) (the Milestones Plan) and 40 CFR 430.03 (BMPs). The OMB 
control number for 40 CFR 430.24 is 2040-0202 and 40 CFR 430.03 is 
2040-0207.
    EPA will continue to present OMB control numbers in a consolidated 
table format to be codified in 40 CFR Part 9 of the Agency's 
regulations, and in each CFR volume containing EPA regulations. The 
table lists CFR citations with reporting and/or recordkeeping 
requirements, and the current OMB control numbers. This listing of the 
OMB control numbers and their subsequent codification in the CFR 
satisfies the requirements of the Paperwork Reduction Act (44 U.S.C. 
3501 et seq.) and OMB's implementing regulations at 5 CFR Part 1320.
    These ICRs were previously subject to public notice and comment 
prior to OMB approval. See 63 FR 71634 (Dec. 28, 1998) (BMPs); 63 FR 
57294 (Oct. 27, 1998) (Milestones Plan). As a result, EPA finds that 
there is ``good cause'' under section 553(b)(B) of the Administrative 
Procedure Act, 5 U.S.C. 553(b)(B), to amend this table without prior 
notice and comment. Due to the technical nature of the table, further 
notice and comment would be unnecessary.
    As a result of today's technical amendment pertaining to BMPs, EPA 
is now authorized under the Paperwork Reduction Act to conduct or 
sponsor the information collection requirements in 40 CFR 430.03. 
Similarly, all dischargers subject to those requirements now are 
required to comply with them, consistent with the deadlines set forth 
in 40 CFR 430.03(j). The substantive BMP provisions covered by the OMB 
control number are 40 CFR 430.03(c), (d), (e), (f), (g), (h), and (I).

IV. Administrative Requirements for the Amendment to Part 430

A. Executive Order 12866, Regulatory Planning and Review

    Under Executive Order 12866, 58 FR 51735 (October 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 not a ``significant regulatory action'' 
and is therefore not subject to OMB review.

B. Regulatory Flexibility Act as Amended by the Small Business 
Regulatory Enforcement Fairness Act

    Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq. as 
amended by the Small Business Regulatory Enforcement Fairness Act, EPA 
generally is required to prepare a regulatory flexibility analysis 
describing the impact of a regulatory action on small entities as part 
of the rulemaking. The RFA defines ``small entity'' to mean a small 
business, small organization or small governmental jurisdiction. Under 
section 605(b) of the RFA, if the Administrator certifies that the rule 
will not have a significant economic impact on a substantial number of 
small entities, EPA is not required to prepare a regulatory flexibility 
analysis.
    Pursuant to section 605(b) of the Regulatory Flexibility Act, 5 
U.S.C. 605(b), the Administrator certifies that this rule will not have 
a significant economic impact on a substantial number of small entities 
because there are no small entities subject to the rule. At the time 
EPA published the Cluster Rule, EPA had determined that there were only 
three mills in Subpart B that were owned by small businesses (where 
small businesses are defined as firms employing no more than 750 
workers) (63 FR 18504, 18611-12 (April 15, 1998)). EPA has since 
determined that there are no longer any small businesses in Subpart B 
because these mills are no longer owned by firms with fewer than 750 
employees. The mills that were owned by small firms have been bought by 
larger firms or are owned by companies that have increased in size.

C. Paperwork Reduction Act

    The Office of Management and Budget (OMB) has approved the 
information collection requirements contained in this rule under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and 
has assigned OMB control number 2040-0202.
    These information collection activities consist of a Milestones 
Plan to be submitted by facilities that enroll in the Voluntary 
Advanced Technology Incentives Program (VATIP) to the NPDES permitting 
authority. This Milestones Plan specifies research, construction, and 
other activities leading to achievement of the VATIP effluent 
limitations with accompanying dates for achieving these milestones. The 
purpose of the Milestones Plan is to provide the permitting authority 
with mill-specific information upon which to base permit requirements 
reflecting reasonable interim milestones. A facility may submit their 
Milestones Plan to the NPDES permitting authority as confidential 
business information (CBI), however, the mill must prepare and submit 
to the NPDES permitting authority a summary of the plan for public 
release.
    EPA estimates 56, 154, and 328 hours for the preparation and 
submittal of the

[[Page 36584]]

Milestones Plan for mills enrolling in Tier I, Tier II, and Tier III of 
the VATIP, respectively. The Agency anticipates 14 mills to enroll in 
Tier I, 13 mills to enroll in Tier II, and 2 mills to enroll in Tier 
III.
    Estimating $65 and $100 per hour for process engineering time and 
senior management time, respectively (labor plus overhead), mills will 
incur a one-time cost burden of $3,990 for enrollment in Tier I, 
$11,120 for enrollment in Tier II, and $23,840 for enrollment in Tier 
III. These estimates include vendor documentation or preliminary 
studies at all Tier levels and additional feasibility studies, research 
proposals and reports, and literature at Tier II and III levels.
    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 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 previously applicable instructions and requirements; train 
personnel to be able to respond to the 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 PRA's regulations are listed in 40 CFR Part 9 and 
48 CFR Chapter 15. EPA is amending the table in 40 CFR Part 9 of 
currently approved ICR control numbers issued by OMB for various 
regulations to list the information requirements contained in this 
final rule.

D. Unfunded Mandates Reform Act (UMRA)

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 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 published a notice of proposed rulemaking for today's amendment 
at 63 FR 18796 (April 15, 1998). Today's rule contains no Federal 
mandates (under the provisions of Title II of the UMRA) for State, 
local, or tribal governments or the private sector. The rule imposes no 
enforceable duty on any State, local or tribal governments or the 
private sector. The VATIP, which now requires the submission of a 
Milestones Plan, is a voluntary program. The UMRA excludes from the 
definition of ``Federal private sector mandate'' duties that arise from 
participation in a Federal voluntary program. Thus, this rule is not 
subject to the requirements of sections 202 and 205 of the UMRA. 
Further, EPA has determined that this rule does not affect any small 
governments. The rule contains no regulatory requirements that might 
significantly or uniquely affect small governments. Thus, this rule is 
not subject to the requirements of section 203 of UMRA.

E. Executive Order 12875, Enhancing the Intergovernmental Partnership

    Under Executive Order 12875, 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 EPA consults with those governments. If EPA complies by 
consulting, Executive Order 12875 requires EPA to provide to OMB a 
description of the extent of EPA's prior consultation with 
representatives of affected State, local and tribal governments, the 
nature of their concerns, any written communications from the 
governments, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 12875 requires 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.''
    Today's amendment to Part 430 does not create a mandate on State, 
local or tribal governments. The rule does not impose any enforceable 
duties on these entities. Accordingly, the requirements of section 1(a) 
of Executive Order 12875 do not apply to this rule.

F. Executive Order 13084, Consultation and Coordination With Indian 
Tribal Governments

    Under Executive Order 13084, 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 EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to OMB, in a separately identified section of 
the preamble to the rule, a description of the extent of 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 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 significantly or uniquely affect their 
communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. Today's amendment to Part 430 
does not create a mandate on tribal governments. It does not impose any 
enforceable duties or substantial direct compliance costs on them. 
Accordingly, the requirements of

[[Page 36585]]

Section 3(b) of Executive Order 13084 do not apply to this rule.

G. 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 rule will not have any adverse health or environmental effects on 
those populations.

H. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule initiated after April 21, 1997, or proposed after April 21, 1998, 
that (1) is determined to be ``economically significant'' as defined 
under Executive Order 12866; and (2) concerns an environmental health 
or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
these criteria, the Agency 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 Agency.
    Today's amendment to Part 430 is not subject to Executive Order 
13045 because the Notice of Proposed Rulemaking was published before 
April 21, 1998, and because it is not an economically significant rule 
as defined under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    As noted in the proposed rule, Section 12(d) of the National 
Technology Transfer and Advancement Act (``NTTAA''), Public Law 104-
113, 12(d) (15 U.S.C. 272 note) directs EPA 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) 
that are developed or adopted by voluntary consensus standards bodies. 
The NTTAA directs EPA to provide Congress, through the Office of 
Management and Budget, an explanation when the Agency decides not to 
use available and potentially applicable voluntary consensus standards. 
This action does not involve technical standards. Therefore, EPA did 
not consider the use of any voluntary consensus standards.

V. Administrative Requirements for the Technical Amendments to Part 
9

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
technical amendment to Part 9 is not a ``significant regulatory 
action'' and is therefore not subject to review by the Office of 
Management and Budget. In addition, the technical amendment does not 
impose any enforceable duty, contain any unfunded mandate, or impose 
any significant or unique impact on small governments as described in 
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). The technical 
amendment also does not require prior consultation with State, local, 
and tribal government officials as specified by Executive Order 12875 
(58 FR 58093, October 28, 1993) or Executive Order 13084 (63 FR 27655 
(May 10, 1998), or involve special consideration of environmental 
justice related issues as required by Executive Order 12898 (59 FR 
7629, February 16, 1994). Because this action is not subject to notice-
and-comment requirements under the Administrative Procedure Act or any 
other statute, it is not subject to the regulatory flexibility 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
This portion of today's rule also is not subject to Executive Order 
13045 (62 FR 19885, April 23, 1997) because it is not economically 
significant as defined under Executive Order 12866. Further, EPA 
interprets Executive Order 13045 as applying only to those regulatory 
actions that are based on health or safety risks, such that the 
analysis required under section 5-501 of the Order has the potential to 
influence the regulation. Today's technical amendment is not subject to 
Executive Order 13045 because it does not establish an environmental 
standard intended to mitigate health or safety risks. EPA's compliance 
with these statutes and Executive Orders for the underlying 
requirements is discussed above for the Milestones Plan and, for the 
BMP requirements in the Federal Register Final Rule publishing those 
requirements. See 63 FR at 18611-16 (April 15, 1998).

VI. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. Section 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. EPA will submit a report containing this 
rule and the technical amendments 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. A major rule cannot take effect until 60 days after 
it is published in the Federal Register. This action is not a major 
rule as defined by 5 U.S.C. Section 804(2). This rule will be effective 
August 6, 1999.

List of Subjects

40 CFR Part 9

    Reporting and recordkeeping requirements.

40 CFR Part 430

    Environmental protection, Pulp and paper products industry, 
Reporting and recordkeeping requirements, Water pollution control.

    Dated: June 30, 1999.
Carol M. Browner,
Administrator.

    For the reasons set forth in the preamble, title 40 chapter I of 
the Code of Federal Regulations, parts 9 and 430, are amended as 
follows:

PART 9--OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

    1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 
1342, 1344, 1345(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 
9601-9657, 11023, 11048.

    2. In Sec. 9.1, the table is amended by adding entries in numerical 
order under the indicated heading ``Pulp, Paper, and Paperboard Point 
Source Category'' and by removing the entry for ``430.24-430.27'' to 
read as follows:


Sec. 9.1  OMB approvals under the Paperwork Reduction Act.

------------------------------------------------------------------------
                                                             OMB control
                      40 CFR citation                            No.
------------------------------------------------------------------------
 
                  *        *        *        *        *
Pulp, Paper, and Paperboard Point Source Category:
 
                  *        *        *        *        *
  430.03...................................................    2040-0207

[[Page 36586]]

 
 
                  *        *        *        *        *
  430.24(a)................................................    2040-0033
  430.24(b)................................................    2040-0033
                                                               2040-0202
  430.24(c)................................................    2040-0202
  430.24(d)................................................    2040-0033
  430.24(e)................................................    2040-0033
  430.25-430.27............................................    2040-0033
 
                  *        *        *        *        *
------------------------------------------------------------------------

PART 430--THE PULP, PAPER, AND PAPERBOARD POINT SOURCE CATEGORY

    1. The authority citation for part 430 continues to read as 
follows:

    Authority: Sections 301, 304, 306, 307, 308, 402, and 501 of the 
Clean Water Act, as amended, (33 U.S.C. 1311, 1314, 1316, 1317, 
1318, 1342, and 1361), and Section 112 of Clean Air Act, as amended 
(42 U.S.C. 7412).

    2. Section 430.24 is amended by revising paragraph (b)(2) and 
adding paragraph (c) to read as follows:


Sec. 430.24   Effluent limitations representing the degree of effluent 
reduction attainable by the application of 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 reflect 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 intended to be enrolled in that program at their mill by 
October 5, 1999 or the date the discharger applies for an NPDES permit 
containing limitations and conditions based on paragraph (b) of this 
section, whichever is later. Mills may claim all or part of the 
Milestones Plan as confidential business information (CBI) in 
accordance with 40 CFR Part 2 and 40 CFR 122.7. If a mill claims all or 
part of the plan as CBI, the mill must prepare and submit to the NPDES 
permitting authority a summary of the plan for public release. The 
Milestones Plan must include the following information:
    (1) A description of each anticipated new technology component or 
process modification that the discharger intends to implement in order 
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 within the sequence;
    (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 dates 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 
to be operational on a full-scale basis; and
    (iii) The anticipated magnitude of reductions in effluent quantity 
and the anticipated improvements in effluent quality associated with 
each technology and process modification implemented 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), and the dates the discharger 
expects those reductions and improvements to be achieved;
    (4) Contingency plans in the event that 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
    (5) A signature by the responsible corporate officer as defined in 
40 CFR 122.22.
* * * * *
[FR Doc. 99-17207 Filed 7-6-99; 8:45 am]
BILLING CODE 6560-50-P