[Federal Register Volume 66, Number 93 (Monday, May 14, 2001)]
[Rules and Regulations]
[Pages 24268-24270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12048]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6970-4]
RIN 2060-AH74


National Emission Standards for Hazardous Air Pollutants From the 
Pulp and Paper Industry

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical corrections.

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SUMMARY: Under the Clean Air Act (CAA), the EPA issued a final rule on 
December 22, 2000 (65 FR 80755) to amend the pulp and paper national 
emission standards for hazardous air pollutants (Pulp and Paper 
NESHAP). The Pulp and Paper NESHAP limit and control hazardous air 
pollutants (HAP) that are known to cause or suspected to cause cancer 
or have other serious health or environmental effects. These technical 
corrections will correct an error in the amendatory instructions and 
correct referencing errors in the December 22, 2000 final rule 
amendments. Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. The EPA has determined 
that there is good cause for making today's rule final without prior 
proposal and opportunity for comment because the changes to the rule 
are minor technical corrections, are noncontroversial in nature, and do 
not substantively change the requirements of the Pulp and Paper NESHAP. 
Thus, notice and public procedure are unnecessary. The EPA finds that 
this constitutes good cause under 5 U.S.C. 553(b)(B).

EFFECTIVE DATE: May 14, 2001.

ADDRESSES: Docket No. A-92-40 contains supporting information for the 
Pulp and Paper NESHAPS, subsequent amendments, and this technical 
correction. The docket is located at the U.S. EPA, in Room M-1500, 
Waterside Mall (ground floor), 401 M Street SW., Washington, DC 20460 
and is available for inspection and copying from 8:30 a.m. to 5:30 
p.m., Monday through Friday except Federal holidays. A reasonable fee 
may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen Shedd, Emission Standards 
Division (MD-13), U.S. EPA, Research Triangle Park, North Carolina 
27711, telephone number: (919) 541-5397, facsimile number: (919) 541-
0246, electronic mail address: [email protected].

SUPPLEMENTARY INFORMATION: Regulated Entities. Entities potentially 
regulated by this action include:

------------------------------------------------------------------------
                                               Examples of regulated
        Category           SIC     NAICS              entities
------------------------------------------------------------------------
Industry...............       26     3221  Pulp mills and integrated
                                            mills (mills that anufacture
                                            pulp and paper/paperboard)
                                            that chemically pulp wood
                                            fiber.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. To determine whether this action would regulate your facility, 
you must carefully examine the applicability criteria in Sec. 63.440 of 
the Pulp and Paper NESHAP. 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 local or State air pollution control 
agency who has permitting authority for your facility.
    World Wide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's technical corrections will be available 
on the WWW through the Technology Transfer Network (TTN). Following 
signature, a copy of this action will be available on the TTN's policy 
and guidance page for newly proposed or promulgated rules http://www.epa.gov/ttn/oarpg. The TTN provides information and technology 
exchange in various areas of air pollution control. Also, a separate 
page on the TTN provides all the proposal and promulgation notices, 
support documents, and implementation information for the Pulp and 
Paper NESHAP which is located at http://www.epa.gov/ttn/uatw/pulp/pulppg.html. If you need more information regarding the TTN, call the 
TTN HELP line at (919) 541-5384.

I. Description of the Technical Corrections

    The EPA promulgated the Pulp and Paper NESHAP on April 15, 1998 (63 
FR 18504), with subsequent amendments for corrections and 
clarifications. On December 22, 2000 (65 FR 80755), we issued final 
rule amendments to the Pulp and Paper NESHAPS to revise the compliance 
demonstration procedures for combustion devices used to control pulping 
vent gases and for biological treatment systems used to treat pulping 
condensates. In the final rule text we incorrectly referenced two 
subparagraphs. Section 63.457(l)(1) incorrectly referenced 
Sec. 63.446(e)(2)(i). The correct reference is Sec. 63.446(e)(2) and 
(3). Section 63.457(l)(2) incorrectly referenced Sec. 63.446(e)(2)(ii) 
and (iii). The correct reference is Sec. 63.446(e)(2) and (4), or 
(e)(2) and (5). Also the amendatory instructions were incorrect for 
Sec. 63.457(l) and (m)(2)(ii). The incorrect instruction is to revise 
the introductory text. Instead, the whole text is to be revised. This 
action corrects those typographical errors.

II. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and is therefore not 
subject to review by the Office of Management and Budget. Because the 
EPA has made a ``good cause'' finding that this action is not subject 
to notice and comment requirements under the Administrative Procedure 
Act or any other statute (see Summary), it is not subject to the 
regulatory flexibility provisions of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.), or to sections 202 and 205 of the Unfunded 
Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). In addition, 
this action does not significantly or uniquely affect small

[[Page 24269]]

governments or impose a significant intergovernmental mandate as 
described in sections 203 and 204 of UMRA. This final rule also does 
not significantly or uniquely affect the communities of tribal 
governments, as specified by Executive Order 13084 (63 FR 27655, May 
10, 1998). This final rule does not have substantial direct effects on 
the States, on the relationship between the national government and the 
States, as specified in Executive Order 13132 (64 FR 43255, August 
10,1999). This final rule also is not subject to Executive Order 13045 
(62 FR19885, April 23, 1997), because it is not economically 
significant.
    This technical correction action does not involve technical 
standards; thus, the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do 
not apply. The technical correction also does not involve special 
consideration of environmental justice related issues as required by 
Executive Order 12898 (59 FR 7629, February 16, 1994). In issuing this 
technical correction, the EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct, as required by 
section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996). The 
EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 
1988) by examining the takings implications of the rule in accordance 
with the ``Attorney General's Supplemental Guidelines for the 
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the executive order. This technical correction does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The EPA's compliance 
with these statutes and Executive Orders for the underlying rule is 
discussed in the December 22, 2000 final rule amendments (65 FR 80755).
    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. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the 
Congressional Review Act if the agency makes a good cause finding that 
notice and public procedure is impracticable, unnecessary, or contrary 
to the public interest. This determination must be supported by a brief 
statement (5 U.S.C. 808(2)). As stated previously, the EPA has made 
such a good cause finding, including the reasons therefor, and 
established an effective date of May 14, 2001. The 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 action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and record keeping requirements.

    Dated: April 18, 2001.
Robert D. Brenner,
Acting Assistant Administrator for Air and Radiation.

    For the reasons stated in the preamble, title 40, chapter I, part 
63 of the Code of Federal Regulations are amended as follows:

PART 63--[AMENDED]

    1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart S--[Amended]

    2. Section 63.457 is amended by revising paragraphs (l) and 
(m)(2)(ii) to read as follows:


Sec. 63.457  Test methods and procedures.

* * * * *
    (1) Biological treatment system percent reduction and mass removal 
calculations. To demonstrate compliance with the condensate treatment 
standards specified in Sec. 63.446(e)(2) and the monitoring 
requirements specified in Sec. 63.453(j)(3) using a biological 
treatment system, the owner or operator shall use one of the procedures 
specified in paragraphs (1)(1) and (2) of this section. Owners or 
operators using a nonthoroughly mixed open biological treatment system 
shall also comply with paragraph (1)(3) of this section.
    (1) Percent reduction methanol procedure. For the purposes of 
complying with the condensate treatment requirements specified in 
Sec. 63.446(e)(2) and (3), the methanol percent reduction shall be 
calculated using the following equations:
Where:

[GRAPHIC] [TIFF OMITTED] TR14MY01.003

R = Percent destruction.
fbio(MeOH) = The fraction of methanol removed in the 
biological treatment system. The site-specific biorate constants shall 
be determined using the appropriate procedures specified in appendix C 
of this part.
r = Ratio of the sum of acetaldehyde, methyl ethyl ketone, and 
propionaldehyde mass to methanol mass.
F(nonmethanol) = The sum of acetaldehyde, methyl ethyl 
ketone, and propionaldehyde mass flow rates (kg/Mg ODP) entering the 
biological treatment system determined using the procedures in 
paragraph (j)(2) of this section.
F(methanol) = The mass flow rate (kg/Mg ODP) of methanol 
entering the system determined using the procedures in paragraph (j)(2) 
of this section.

    (2) Mass removal methanol procedure. For the purposes of complying 
with the condensate treatment requirements specified in 
Sec. 63.446(e)(2) and (4), or Sec. 63.446(e)(2) and (5), the methanol 
mass removal shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TR14MY01.004

Where:

F = Methanol mass removal (kg/Mg ODP).
Fb = Inlet mass flow rate of methanol (kg/Mg ODP) determined 
using the procedures in paragraph (j)(2) of this section.
fbio(MeOH) = The fraction of methanol removed in the 
biological treatment system. The site-specific biorate constants shall 
be determined using the appropriate procedures specified in appendix C 
of this part.
r = Ratio of the sum of acetaldehyde, methyl ethyl ketone, and 
propionaldehyde mass to methanol mass determined using the procedures 
in paragraph (1) of this section.

    (3) The owner or operator of a nonthoroughly mixed open biological 
treatment system using the monitoring requirements specified in 
Sec. 63.453(p)(3) shall follow the procedures specified in section 
III.B.1 of appendix E of this part to determine the borate constant, 
Ks, and characterize the open biological

[[Page 24270]]

treatment system during the initial and any subsequent performance 
tests.
    (m) * * *
    (2) * * *
    (ii) Compliance with the segregation requirements specified in 
Sec. 63.446(c)(3) is demonstrated if the total HAP mass determined in 
paragraph (m)(2)(i) of this section is equal to or greater than the 
appropriate mass requirements specified in Sec. 63.446(c)(3).
* * * * *

[FR Doc. 01-12048 Filed 5-11-01; 8:45 am]
BILLING CODE 6560-50-P