[Federal Register Volume 66, Number 200 (Tuesday, October 16, 2001)]
[Rules and Regulations]
[Pages 52537-52538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25967]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7083-8]


Project XL Site-Specific Rulemaking for Weyerhaeuser Company 
Flint River Operations; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical corrections.

-----------------------------------------------------------------------

SUMMARY: This document contains technical corrections to the final 
site-specific rule published in the Federal Register of Wednesday, June 
27, 2001 for the Weyerhaeuser Company's Flint River Operations in 
Oglethorpe, Georgia (Weyerhaeuser). The June 27, 2001 final rule 
approved revisions to the National Emission Standards for Hazardous Air 
Pollutants (NESHAP) which control hazardous air pollutant (HAP) 
emissions from the pulp and paper industry for Weyerhaeuser's Flint 
River Operations as one of EPA's steps to implement Weyerhaeuser's XL 
Project.
    Today's rule corrects typographical errors in two dates that appear 
in the June 27, 2001, final rule.

EFFECTIVE DATE: October 16, 2001.

ADDRESSES: A docket containing supporting information used in 
developing the final Project XL Site-Specific Rule for Weyerhaeuser and 
this technical correction is available on the world wide web at http://www.epa.gov/ProjectXL. It is also available for public inspection and 
copying at the Environmental Protection Agency, Region 4, 61 Forsyth 
Street, Atlanta Georgia, 30303; and at the Environmental Protection 
Agency Headquarters, 401 M Street, SW., Room 307 A West Tower, 
Washington, DC 20460. Persons wishing to view the materials at the 
Georgia location are encouraged to contact Mr. Lee Page in advance at 
(404) 562-9131. Persons wishing to view the materials at the 
Washington, DC location are encouraged to contact Ms. Kristina 
Heinemann in advance at (202) 260-5355. A reasonable fee may be charged 
for copying.

FOR FURTHER INFORMATION CONTACT: Mr. Lee Page, Environmental Protection 
Agency, Region 4, Air, Pesticides and Toxics Management Division, 61 
Forsyth Street, Atlanta, GA, 30303, 404-562-9131 and [email protected].

SUPPLEMENTARY INFORMATION: Today's action corrects the final Project XL 
Site-Specific Rule approving revisions to the National Emissions 
Standards for Hazardous Air Pollutants (NESHAP) which concern the 
control of hazardous air pollutant (HAP) emissions from the pulp and 
paper industry. This action applies only to the Weyerhaeuser Company's 
Flint River Operations in Oglethorpe, Georgia.

I. Description of the Technical Corrections

    EPA proposed the site-specific rule for Weyerhaeuser on March 27, 
2001. EPA proposed to add a new Sec. 63.459 to 40 CFR part 63, subpart 
S. The introductory language to proposed Sec. 63.459(a)(2) read: ``The 
owner or operator of the pulping system shall control total HAP 
emissions from equipment systems listed in paragraphs (a)(2)(i) through 
(a)(2)(ix) of this section as specified in Sec. 63.443(c) and (d) of 
this subpart no later than April 16, 2002.'' The introductory language 
to proposed Sec. 63.459(a)(3) read: ``The owner or operator of the 
pulping system shall operate the isothermal Cooking system at the site 
while pulp is being produced in the continuous digester at any time 
after April 16, 2002.'' Inadvertently, when EPA published the final 
rule on June 27, 2001 (66 FR 34119), the date April 16, 2001 was used 
in both these sections instead of the date April 16, 2002, that had 
been used in the proposed rule. April 16, 2002 is the correct date. 
This action corrects these two typographical errors.

II. Administrative Requirements

    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), applicable to this rule under section 307(d)(1) of the Clean 
Air Act, 42 U.S.C. 7607(d)(1), 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. 
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 are consistent with the proposed rule 
and thus do not substantively change what was intended by EPA for the 
requirements of the June 27, 2001, revision to the Pulp and Paper 
NESHAP for Weyerhaeuser Company's Flint River Operations in Oglethorpe, 
Georgia. Thus, notice and public procedure are unnecessary. EPA finds 
that this constitutes good cause under 5 U.S.C. 553(b)(B). In addition, 
under section 112(d)(10) of the Clean Air Act, 42 U.S.C. 7412(d)(10), 
today's technical correction is effective immediately. (In the preamble 
to the June 27, 2001, final rule, EPA inadvertently made a good cause 
finding under 5 U.S.C. 553(d)(3) and 42 U.S.C. 6930(b)(3), making the 
June 27, 2001, final rule effective upon publication. The June 27, 
2001, final rule should have referred to section 112(d)(10) of the 
Clean Air Act, rather than to 5 U.S.C. 553(d)(3) and 42 U.S.C. 
6930(b)(3), as the authority for making the final rule immediately 
effective.)
    EPA's compliance with various statutes and Executive Orders for the 
underlying rule is discussed in the June 27, 2001 final rule (66 FR 
34119).
    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

[[Page 52538]]

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 804 exempts from 
section 801 the following types of rules: (1) rules of particular 
applicability; (2) rules relating to agency management or personnel; 
and (3) rules of agency organization, procedure, or practice that do 
not substantially affect the rights or obligations of non-agency 
parties. 5 U.S.C. 804(3). EPA is not required to submit a rule report 
regarding today's action under section 801 because this is a rule of 
particular applicability affecting just one private sector facility.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous air pollutants, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: October 10, 2001.
Thomas J. Gibson,
Associate Administrator, Office of Policy, Economics and Innovation.

    For the reasons set out in the preamble, title 40, Chapter I of the 
Code of Federal Regulations is amended as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES--[AMENDED]

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

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

Subpart S--National Emission Standards for Hazardous Air Pollutants 
from the Pulp and Paper Industry-- [AMENDED]

    2. Section 63.459 is amended by revising the introductory text in 
paragraphs (a) (2) and (3) to read as follows:


Sec. 63.459  Alternative standards.

* * * * *
    (2) The owner or operator of the pulping system shall control total 
HAP emissions from equipment systems listed in paragraphs (a)(2)(i) 
through (a)(2)(ix) of this section as specified in Sec. 63.443(c) and 
(d) of this subpart no later than April 16, 2002.
    * * *
    (3) The owner and operator of the pulping system shall operate the 
Isothermal Cooking system at the site while pulp is being produced in 
the continuous digester at any time after April 16, 2002.
* * * * *
[FR Doc. 01-25967 Filed 10-15-01; 8:45 am]
BILLING CODE 6560-50-P