[Federal Register Volume 66, Number 139 (Thursday, July 19, 2001)]
[Rules and Regulations]
[Pages 37591-37593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17559]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6997-8]
RIN 2060-AI34


National Emission Standards for Hazardous Air Pollutants for 
Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and 
Stand-Alone Semichemical Pulp Mills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical corrections.

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SUMMARY: Under the Clean Air Act (CAA), EPA promulgated the national 
emission standards for hazardous air pollutants (NESHAP) for chemical 
recovery combustion sources at kraft, soda, sulfite, and stand-alone 
semichemical pulp mills on January 12, 2001. The promulgated rule 
requires new and existing major sources to control emissions of 
hazardous air pollutants (HAP) to the level reflecting application of 
the maximum achievable control technology. The technical corrections in 
this action will not change the standards established by the rule or 
the level of health protection it provides.
    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. We have 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 consisting largely of correcting 
typographical errors and other misprints and correcting minor errors in 
the rule's effective dates, are noncontroversial, and do not 
substantively change the requirements of the rule. In addition, there 
has already been full opportunity to comment on all of the provisions 
in this Notice. Thus, notice and public procedure are unnecessary. We 
find that this constitutes good cause under 5 U.S.C. 553(b)(B) (see 
also the final sentence of section 307(d)(1) of the Clean Air Act, 42 
U.S.C. section 7607(d)(1), indicating that the good cause provisions of 
the Administrative Procedure Act continue to apply to this type of 
rulemaking under the Clean Air Act).
    Section 553(d)(3) allows an agency, upon a finding of good cause, 
to make a rule effective immediately. Because today's changes do not 
substantively change the requirements of the rule, we find good cause 
to make these technical corrections effective immediately.

EFFECTIVE DATE: July 19, 2001.

ADDRESSES: Docket No. A-94-67 contains the supporting information for 
the original NESHAP for chemical recovery combustion sources at kraft, 
soda, sulfite, and stand-alone semichemical mills and this action. 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 may be 
inspected from 8 a.m. to 5:30 p.m., Monday through Friday, excluding 
legal holidays. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr. Jeff Telander, Minerals and 
Inorganic Chemicals Group, Emission Standards Division (MD-13), Office 
of Air Quality Planning and Standards, U.S. EPA, Research Triangle 
Park, North Carolina 27711, telephone number (919) 541-5427, facsimile 
number (919) 541-5600, electronic mail address [email protected].

SUPPLEMENTARY INFORMATION:
    Regulated Entities. Categories and entities potentially regulated 
by this action are those kraft, soda, sulfite, and stand-alone 
semichemical pulp mills with chemical recovery processes that involve 
the combustion of spent pulping liquor. Categories and entities 
potentially regulated by this action include:

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             Category                            SIC code                           NAICS code                     Examples of regulated entities
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Industry..........................  2611, 2621, 2631..................  32211, 32212, 32213..............  Kraft, soda, sulfite, and stand-alone
                                                                                                            semichemical pulp mills.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that EPA is now aware 
could potentially be regulated by this action.
    To determine whether your facility is regulated by this action, you 
should carefully examine the applicability criteria in Sec. 63.860 of 
the final rule. If you have questions regarding the applicability of 
this action to a particular entity, consult the person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section of this document.
    World Wide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's document will also be available on the 
WWW

[[Page 37592]]

through the Technology Transfer Network (TTN). Following the signature, 
a copy of this action will be posted on the TTN's policy and guidance 
page for newly proposed or final rules at http://www.epa.gov/ttn/oarpg/t3pfpr.html. The TTN provides information and technology exchange in 
various areas of air pollution control. If more information regarding 
the TTN is needed, call the TTN HELP line at (919) 541-5384.

I. Background

    The EPA, under 40 CFR part 63, subpart MM, promulgated the NESHAP 
for chemical recovery combustion sources at kraft, soda, sulfite, and 
stand-alone semichemical pulp mills on January 12, 2001 (66 FR 3180). 
The final rule includes emissions limits, as well as monitoring, 
performance testing, recordkeeping, and reporting requirements.

II. Summary of Corrections

    Today's changes are described below for the convenience of the 
reader.

------------------------------------------------------------------------
             Citation                              Change
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Sec.  63.863(a)...................  Change the compliance date for
                                     existing affected sources to March
                                     13, 2004.
Sec.  63.863(b)...................  Change the startup date, after which
                                     new affected sources must comply
                                     immediately upon startup, to March
                                     13, 2001.
Sec.  63.865(a)...................  Reduce the number of referenced
                                     paragraphs from ``(a)(1) through
                                     (4)'' to ``(a)(1) and (2)'' to
                                     reflect the elimination of
                                     paragraphs (a)(3) and (4).
Sec.  63.865(a)(3), (a)(4),         Remove paragraphs (a)(3) and (4)
 (b)(5), and (b)(6).                 from Sec.  63.865(a) and revise and
                                     redesignate them as new paragraphs
                                     Sec.  63.865(b)(5) and (6) so that
                                     these requirements will no longer
                                     be limited under Sec.  63.865(a) to
                                     existing sources using the PM
                                     bubble compliance alternative.
Sec.  63.865(b)...................  Change the reference from
                                     ``63.862(a)'' to ``Sec.  63.862(a)
                                     or (b)'' so as to include the new
                                     source standards under Sec.
                                     63.862(b). Also, increase the
                                     number of referenced paragraphs
                                     from ``(b)(1) through (4)'' to
                                     ``(b)(1) through (6)'' to reflect
                                     the addition of paragraphs (b)(5)
                                     and (6).
Sec.  63.865(b)(2)................  Change the reference from
                                     ``paragraph (a)(1) or (2) of Sec.
                                     63.862'' to ``paragraph (a) or (b)
                                     of Sec.  63.862'' so as to include
                                     the new source standards under Sec.
                                      63.862(b).
Sec.  63.865(b)(4)................  Revise Equation 8 so that the
                                     numerator and denominator of the
                                     oxygen correction factor are
                                     reversed to yield: Qcorr = Qmeas  x
                                      (21-Y)/(21 x X). Also, reorder the
                                     definition of terms for Equation 8
                                     to place ``Y'' before ``X.''
Sec.  63.865(c)...................  Add a reference to Methods 1 through
                                     4 to the reference to Method 308
                                     because those four test methods are
                                     also needed.
                                    Because Methods 1 through 4 are also
                                     being referenced, clarify that the
                                     sampling time and sample volume
                                     apply to each Method 308 run.
Sec.  63.865(d)...................  Add a reference to Methods 1 through
                                     4 to the reference to Method 25A
                                     because those four test methods are
                                     also needed. Because Methods 1
                                     through 4 are also being
                                     referenced, clarify that the
                                     sampling time and sample volume
                                     apply to each Method 25A run.
------------------------------------------------------------------------

III. Administrative Requirements

    Under Executive Order 12866 (58 FR 51736, 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 (OMB). 
Because 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, 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 governments or impose a 
significant intergovernmental mandate, as described in sections 203 and 
204 of the UMRA. This action also does not significantly or uniquely 
affect the communities of tribal governments, as specified by Executive 
Order 13175 (63 FR 67249, November 6, 2000). This action does not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This 
action also is not subject to Executive Order 13045 (62 FR 19885, April 
23, 1997) because it is not economically significant.
    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. 104-113; 15 U.S.C. 272 note) directs EPA 
to use voluntary consensus standards in its regulatory and procurement 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. The EPA is not proposing/adopting any voluntary 
consensus standards in this action.
    This technical correction action does not involve special 
consideration of environmental justice related issues as required by 
Executive Order 12898 (59 FR 7629, February 16, 1994). In issuing these 
technical corrections, 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 these technical 
corrections in accordance with the ``Attorney General's Supplemental 
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated 
Takings' issued under the Executive Order. These technical corrections 
do 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 NESHAP for chemical recovery combustion 
sources at kraft, soda, sulfite, and stand-alone semichemical pulp 
mills.
    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

[[Page 37593]]

determination must be supported by a brief statement (5 U.S.C. 808(2)). 
As stated previously, EPA has made such a good cause finding, including 
the reasons therefor, and established an effective date of July 19, 
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, Air pollution control, Hazardous 
substances, Pulp and paper mills.

    Dated: June 8, 2001.
Robert D. Brenner,
Acting Assistant Administrator for Air and Radiation.

    For the reasons set out in the preamble, title 40, chapter I, part 
63 of the Code of Federal Regulations is 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 MM--National Emission Standards for Hazardous Air 
Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, 
Sulfite, and Stand-Alone Semichemical Pulp Mills

    2. Section 63.863 is amended by revising paragraph (a) and (b) to 
read as follows:


Sec. 63.863  Compliance dates.

    (a) The owner or operator of an existing affected source or process 
unit must comply with the requirements in this subpart no later than 
March 13, 2004.
    (b) The owner or operator of a new affected source that has an 
initial startup date after March 13, 2001 must comply with the 
requirements in this subpart immediately upon startup of the affected 
source, except as specified in Sec. 63.6(b).
* * * * *
    3. Section 63.865 is amended by:
    a. Revising paragraph (a) introductory text;
    b. Removing paragraphs (a)(3) and (4);
    c. Revising paragraphs (b) introductory text, (b)(2), and (b)(4);
    d. Adding paragraphs (b)(5) and (6);
    e. Revising paragraph (c) introductory text; and
    f. Revising paragraph (d) introductory text.
    The revisions and additions read as follows:


Sec. 63.865  Performance test requirements and test methods.

    (a) The owner or operator of a process unit seeking to comply with 
a PM emission limit under Sec. 63.862(a)(1)(ii)(A) must use the 
procedures in paragraphs (a)(1) and (2) of this section:
* * * * *
    (b) The owner or operator seeking to determine compliance with 
Sec. 63.862(a) or (b) must use the procedures in paragraphs (b)(1) 
through (6) of this section.
* * * * *
    (2) For sources complying with paragraph (a) or (b) of Sec. 63.862, 
the PM concentration must be corrected to the appropriate oxygen 
concentration using Equation 7 of this section as follows:

Ccorr = Cmeas x (21 - X)/(21 - Y)    (Eq. 7)

Where:
Ccorr = the measured concentration corrected for oxygen, 
g/dscm (gr/dscf).
Cmeas = the measured concentration uncorrected for 
oxygen, g/dscm (gr/dscf).
X = the corrected volumetric oxygen concentration (8 percent for 
kraft or soda recovery furnaces and sulfite combustion units and 10 
percent for kraft or soda lime kilns).
Y = the measured average volumetric oxygen concentration.
* * * * *
    (4) For purposes of complying with of Sec. 63.862(a)(1)(ii)(A), the 
volumetric gas flow rate must be corrected to the appropriate oxygen 
concentration using Equation 8 of this section as follows:

Qcorr = Qmeas x (21 - Y)/(21 - X)    (Eq. 8)

Where:
Qcorr = the measured volumetric gas flow rate corrected 
for oxygen, dscm/min (dscf/min).
Qmeas = the measured volumetric gas flow rate uncorrected 
for oxygen, dscm/min (dscf/min).
Y = the measured average volumetric oxygen concentration.
X = the corrected volumetric oxygen concentration (8 percent for 
kraft or soda recovery furnaces and 10 percent for kraft or soda 
lime kilns).

    (5) For purposes of selecting sampling port location and number of 
traverse points, determining stack gas velocity and volumetric flow 
rate, conducting gas analysis, and determining moisture content of 
stack gas, Methods 1 through 4 in appendix A of 40 CFR part 60 must be 
used.
    (6) Process data measured during the performance test must be used 
to determine the black liquor solids firing rate on a dry basis and the 
CaO production rate.
    (c) The owner or operator seeking to determine compliance with the 
gaseous organic HAP standard in Sec. 63.862(c)(1) without using an NDCE 
recovery furnace equipped with a dry ESP system must use Method 308 in 
appendix A of this part, as well as Methods 1 through 4 in appendix A 
of part 60 of this chapter. The sampling time and sample volume for 
each Method 308 run must be at least 60 minutes and 0.014 dscm (0.50 
dscf), respectively.
* * * * *
    (d) The owner or operator seeking to determine compliance with the 
gaseous organic HAP standards in Sec. 63.862(c)(2) for semichemical 
combustion units must use Method 25A, as well as Methods 1 through 4, 
in appendix A of part 60 of this chapter. The sampling time for each 
Method 25A run must be at least 60 minutes.
* * * * *
[FR Doc. 01-17559 Filed 7-18-01; 8:45 am]
BILLING CODE 6560-50-P