[Federal Register Volume 68, Number 32 (Tuesday, February 18, 2003)]
[Proposed Rules]
[Pages 7735-7737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3701]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2002-0045; FRL-7446-4]
RIN 2060-AK53


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: Proposed rule; amendments.

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SUMMARY: The EPA is proposing amendments to the national emission 
standards for hazardous air pollutants (NESHAP) for chemical recovery 
combustion sources at kraft, soda, sulfite, and stand-alone 
semichemical pulp mills, which were issued on January 12, 2001 under 
section 112 of the Clean Air Act. This action proposes to improve 
implementation of the emission standards by clarifying and 
consolidating monitoring and testing requirements and adding a site-
specific compliance alternative for one pulp mill.
    In the Rules and Regulations section of this Federal Register, we 
are issuing these amendments as a direct final rule, without prior 
proposal, because we view the revisions as noncontroversial and 
anticipate no significant adverse comments. We have explained our 
reasons for these revisions in the preamble to the direct final rule.
    If we receive any significant adverse comment on one or more 
distinct amendments in the direct final rule, we will publish a timely 
notice of withdrawal in the Federal Register informing the public which 
provisions will become effective and which provisions are being 
withdrawn due to adverse comment. We will address all public comments 
in a subsequent final rule. If no significant adverse comments are 
received, no further action will be taken on the proposal, and the 
direct final rule will become effective as provided in that action.
    The regulatory text for the proposal is identical to that for the 
direct final rule published in the Rules and Regulations section of 
this Federal Register. For further supplementary information, see the 
direct final rule.

DATES: Comments. Written comments must be received by March 20, 2003, 
unless a hearing is requested by February 28, 2003. If a hearing is 
requested, written comments must be received by April 4, 2003.
    Public Hearing. If anyone contacts EPA requesting to speak at a 
public hearing by February 28, 2003, a public hearing will be held on 
March 4, 2003.

ADDRESSES: Comments. Comments may be submitted electronically, by mail, 
or through hand delivery/courier. By mail, comments may be submitted 
(in duplicate, if possible) to EPA West (Air Docket), U.S. EPA, Room B-
108 (MD-6102T), 1200 Pennsylvania Avenue, NW, Washington, DC 20460, 
Attention Docket ID No. OAR-2002-0045. By hand delivery/courier, 
comments may be submitted (in duplicate, if possible) to EPA Docket 
Center (Air Docket), U.S. EPA, Room B-108 (MD-6102T), 1301 Constitution 
Avenue, NW, Washington, DC 20460, Attention Docket ID No. OAR-2002-
0045.

[[Page 7736]]

    Public Hearing. If a public hearing is held, it will be held at the 
new EPA facility complex in Research Triangle Park, NC at 10:30 a.m. 
Persons interested in presenting oral testimony or inquiring as to 
whether a hearing is to be held should contact the person listed below 
under FOR FURTHER INFORMATION CONTACT, at least 2 days in advance of 
the hearing.

FOR FURTHER INFORMATION CONTACT: Mr. Jeff Telander, Minerals and 
Inorganic Chemicals Group, Emission Standards Division (MD-C504-05), 
Office of Air Quality Planning and Standards, U.S. EPA, Research 
Triangle Park, NC 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 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:

------------------------------------------------------------------------
                                        NAICS     Examples of regulated
              Category                  code*            entities
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Industry............................      32211  Kraft, soda, sulfite,
                                          32212   and stand-alone
                                          32213   semichemical pulp
                                                  mills.
Federal government..................  .........  Not affected.
State/local tribal government.......  .........  Not affected.
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*North American Industrial Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to 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 national emission standards. 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. Docket. The EPA has established an official public docket for 
this action under Docket ID No. OAR-2002-0045. The official public 
docket is the collection of materials that is available for public 
viewing at the EPA Docket Center (Air Docket), EPA West, Room B-108, 
1301 Constitution Avenue, NW, Washington, DC 20460. The Docket Center 
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number for the Reading Room is (202) 566-
1744, and the telephone number for the Air Docket is (202) 566-1742.
    Electronic Access. An electronic version of the public docket is 
available through EPA's electronic public docket and comment system, 
EPA Dockets. You may use EPA Dockets at http://www.epa.gov/edocket/ to 
submit or view public comments, access the index of the contents of the 
official public docket, and access those documents in the public docket 
that are available electronically. Once in the system, select 
``search'' and key in the appropriate docket identification number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as confidential business information (CBI) and 
other information whose disclosure is restricted by statute, which are 
not included in the official public docket, will not be available for 
public viewing in EPA's electronic public docket. The EPA's policy is 
that copyrighted material will not be placed in EPA's electronic public 
docket but will be available only in printed paper form in the official 
public docket. Although not all docket materials may be available 
electronically, you may still access any of the publicly available 
docket materials through the docket facility identified in this 
document.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or on paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.
    Comments. You may submit comments electronically, by mail, by 
facsimile, or through hand delivery/courier. To ensure proper receipt 
by EPA, identify the appropriate docket identification number in the 
subject line on the first page of your comment. Please ensure that your 
comments are submitted within the specified comment period. Comments 
submitted after the close of the comment period will be marked 
``late.'' The EPA is not required to consider these late comments.
    Electronically. If you submit an electronic comment as prescribed 
below, EPA recommends that you include your name, mailing address, and 
an electronic mail (e-mail) address or other contact information in the 
body of your comment. Also include this contact information on the 
outside of any disk or CD ROM you submit and in any cover letter 
accompanying the disk or CD ROM. This ensures that you can be 
identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or needs further information on the substance of your comment. The 
EPA's policy is that EPA will not edit your comment, and any 
identifying or contact information provided in the body of a comment 
will be included as part of the comment that is placed in the official 
public docket and made available in EPA's electronic public docket. If 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment.
    Your use of EPA's electronic public docket to submit comments to 
EPA electronically is EPA's preferred method for receiving comments. Go 
directly to EPA Dockets at http://www.epa.gov/edocket and follow the 
online instructions for submitting comments. Once in the system, select 
``search'' and key in Docket ID No. OAR-2002-0045. The system is an 
``anonymous access'' system, which means EPA will not know your 
identity, e-mail address, or other contact information unless you 
provide it in the body of your comment.
    Comments may be sent by e-mail to [email protected], 
Attention Docket ID No. OAR-2002-0045. In contrast to EPA's electronic 
public docket, EPA's e-mail system is not an ``anonymous access'' 
system. If you send an e-mail comment directly to the docket without 
going through EPA's electronic public docket, EPA's e-mail system 
automatically captures your e-mail address. E-mail addresses that are 
automatically captured by EPA's e-mail

[[Page 7737]]

system are included as part of the comment that is placed in the 
official public docket and made available in EPA's electronic public 
docket.
    You may submit comments on a disk or CD ROM that you mail to the 
mailing address identified in this document. These electronic 
submissions will be accepted in WordPerfect or ASCII file format. Avoid 
the use of special characters and any form of encryption.
    By Mail. Send your comments (in duplicate, if possible) to: EPA 
West (Air Docket), U.S. EPA, Room B-108 (MD-6102T), 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460, Attention Docket ID No. OAR-2002-
0045.
    By Hand Delivery or Courier. Deliver your comments (in duplicate, 
if possible) to: EPA Docket Center (Air Docket), U.S. EPA, Room B-108 
(MD-6102T), 1301 Constitution Avenue, NW., Washington, DC 20460, 
Attention Docket ID No. OAR-2002-0045. Such deliveries are only 
accepted during the Docket Center's normal hours of operation as 
identified in this document.
    By Facsimile. Fax your comments to: (202) 566-1741, Attention 
Docket ID OAR-2002-0045.
    CBI. Do not submit information that you consider to be CBI through 
EPA's electronic public docket or by e-mail. Send or deliver 
information identified as CBI only to the following address: Jeff 
Telander, c/o OAQPS Document Control Officer (MD-C404-02), U.S. EPA, 
Research Triangle Park, NC 27711, Attention Docket ID No. OAR-2002-
0045. You may claim information that you submit to EPA as CBI by 
marking any part or all of that information as CBI (if you submit CBI 
on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and 
then identify electronically within the disk or CD ROM the specific 
information that is CBI). Information so marked will not be disclosed 
except in accordance with procedures set forth in 40 CFR part 2.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's proposal will also be available on the 
WWW through EPA's Technology Transfer Network (TTN). Following the 
Administrator's signature, a copy of this action will be posted on the 
TTN's policy and guidance page for newly proposed rules at http://www.epa.gov/ttn/oarpg. 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.

What Are the Administrative Requirements for This Action?

    For information regarding other administrative requirements for 
this action, please see the direct final rule action that is located in 
the Rules and Regulations section of this Federal Register.

Regulatory Flexibility Act (RFA), as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute 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 organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's proposed rule on 
small entities, small entity is defined as: (1) A small business that 
has fewer than 750 employees for NAICS codes 32211, 32212, and 32213 
(pulp, paper, and paperboard mills); (2) a small governmental 
jurisdiction that is a government of a city, county, town, school 
district or special district with a population of less than 50,000; and 
(3) a small organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. In 
determining whether a rule has a significant economic impact on a 
substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, since the 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives which minimize any significant 
economic impact of the proposed rule on small entities (5 U.S.C. 603-
604). Thus, an agency may certify that a rule will not have a 
significant economic impact on a substantial number of small entities 
if the rule relieves regulatory burden, or otherwise has a positive 
effect on the small entities subject to the rule. The amendments in 
today's rule make improvements to the emission standards, primarily by 
clarifying issues in the areas of testing and monitoring and add a new 
compliance option. We have, therefore, concluded that today's proposed 
rule will have no adverse impacts on any small entities and may relieve 
burden in some cases.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Reporting and recordkeeping requirements.

    Dated: January 27, 2003.
Christine Todd Whitman,
Administrator.
[FR Doc. 03-3701 Filed 2-14-03; 8:45 am]
BILLING CODE 6560-50-P