[Federal Register Volume 68, Number 84 (Thursday, May 1, 2003)]
[Rules and Regulations]
[Pages 23209-23211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10757]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[ME-062-7011a; A-1-FRL-7491-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Maine; Total Reduced Sulfur From Kraft Paper Mills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a revision to Maine's plan for controlling 
air pollution according to section 111(d) of the Clean Air Act (i.e., a 
``111(d) plan''). The revision changes state regulations controlling 
the emission of total reduced sulfur (TRS) from existing kraft paper 
mills. This action is being taken in accordance with section 111(d) of 
the Clean Air Act (CAA).

DATES: This direct final rule is effective on June 30, 2003 without 
further notice, unless EPA receives adverse comment by June 2, 2003. If 
adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Comments may be mailed to Steve Rapp, Unit Manager, Air 
Permits, Toxics, and Indoor Programs Unit, Office of Ecosystem 
Protection (mail code CAP), U.S. Environmental Protection Agency, EPA-
New England, One Congress Street, Suite 1100, Boston, MA 02114-2023. 
Copies of the documents relevant to this action are available for 
public inspection during normal business hours, by appointment at the 
Office Ecosystem Protection, U.S. Environmental Protection Agency, EPA-
New England, One Congress Street, 11th floor, Boston, MA 02114, the 
Bureau of Air Quality Control, Department of Environmental Protection, 
First Floor of the Tyson Building, Augusta Mental Health Institute 
Complex, Augusta, ME 04333-0017.

FOR FURTHER INFORMATION CONTACT: Ian D. Cohen, (617) 918-1655.

SUPPLEMENTARY INFORMATION: On March 29, 2000, the State of Maine 
submitted a formal revision to its 111(d) plan to control emissions of 
total reduced sulfur (TRS) from existing kraft paper mills. The 
revision consists of changes to Maine's regulations at Chapter 124,

[[Page 23210]]

entitled ``Total Reduced Sulfur Control from Kraft Pulp Mills'' 
(Chapter 124). New mills are not covered under Chapter 124 because they 
are subject to New Source Performance Standards (NSPS) in 40 CFR part 
60, subpart BB. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.

I. Summary of 111(d) Plan Revision

What are Total Reduced Sulfur (TRS) Compounds?

    The term ``total reduced sulfur'' (TRS) refers to a mixture of four 
compounds: hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and 
dimethyl disulfide. These compounds usually represent the total reduced 
sulfur released by a pulp and paper mill which uses the kraft process. 
TRS compounds are released when wood chips are dissolved during the 
papermaking process at certain mills. They have not been proven to 
cause serious human health problems in the concentrations normally 
found around paper mills, but they can cause some discomfort. TRS 
compounds have a strong, unpleasant odor.

Which Paper Mills are Affected by This Rule?

    These changes to Chapter 124 will only affect existing paper mills 
that use the kraft process. The kraft process involves using sulfur 
compounds to dissolve wood chips, allowing the fiber to be made into 
paper. TRS compounds are formed during this process and, if not 
controlled, can be released into the atmosphere. Maine's 111(d) plan 
for TRS emissions applies to six kraft pulp mills in Maine.
    This rule does not apply to new paper mills.

How Will New Mills be Regulated?

    New mills will be covered by federal New Source Performance 
Standards (40 CFR part 60, subpart BB).

What is the History of Chapter 124?

    Maine DEP originally submitted Chapter 124 to EPA on February 15, 
1990. On September 19, 1990, EPA approved this rule under section 
111(d) of the CAA (55 FR 38545). Section 111(d) allows us to approve 
state plans to regulate emissions from existing sources of pollutants 
not otherwise covered in the CAA.
    On April 27, 1994, Maine DEP submitted a request to revise Chapter 
124. EPA approved the state's revisions on October 4, 1994 (59 FR 
50506). The changes to Chapter 124 extended the compliance date for 
brownstock washer systems from January 1, 1994 to September 30, 1998. 
Brownstock washer systems rinse the pulp after sulfur bearing chemicals 
are added. If emissions from these systems are not controlled, they can 
release TRS into the atmosphere. Maine changed the compliance date to 
give mills more time to comply with the federal Maximum Available 
Control Technology (MACT) standard for hazardous air pollutants (HAPs) 
from the pulp and paper industry, which was in preparation at the time. 
This MACT standard became effective in 1998.

Why is Maine Asking to Change Chapter 124 Again?

    EPA published the MACT standard for the pulp and paper industry on 
April 15, 1998 (63 FR 18617). Maine then revised Chapter 124 to apply 
certain control provisions of that MACT standard to TRS compounds. Some 
of Maine's new requirements are even more stringent than the MACT 
standard for HAPs. For example, the compliance date for existing 
brownstock washer systems is April 17, 2005, which is one year earlier 
than the compliance date in EPA's MACT standard. Maine's revised 
regulations also add requirements independent of the MACT standard for 
HAPs. For example, the regulations call for inventories of TRS sources 
which emit more than 0.5 lbs/hr, limit unintentional releases (venting) 
from Low Volume High Concentration (LVHC) and some High Volume Low 
Concentration (HVLC) sources, and require detailed reports that explain 
TRS ventings from LVHC sources which exceed 0.5% of quarterly operating 
time.
    Chapter 124 allows ME DEP and EPA to consider alternative 
compliance methods for monitoring TRS emissions. It is EPA's 
understanding that the state will implement these regulations to 
require that both agencies approve any such alternative compliance 
methods.

What Actions Did the State Take to Satisfy the Federal Public Hearing 
Requirement?

    Maine certified that a public hearing on the revisions to Chapter 
124 was held in Augusta, ME on May 26, 1999 in accordance with the 
requirements of 40 CFR 60.23(d)

II. Final Action

    EPA is approving the revised 111(d) plan controlling TRS emissions 
from existing kraft pulp mills as submitted by ME DEP on March 29, 
2000. The revised plan, which consists of the revised regulation 
entitled ``Chapter 124: Total Reduced Sulfur from Kraft Pulp Mills,'' 
affects six existing kraft pulp mills in the State of Maine.
    EPA is publishing this action without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the 111(d) plan revision 
should relevant adverse comments be filed. This rule will be effective 
June 30, 2003 without further notice unless the Agency receives 
relevant adverse comments by June 2, 2003.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period on the proposed rule. Only parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on June 30, 2003 and no further action will be 
taken on the proposed rule.

III. Statutory and Executive Order Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not 
have a substantial direct effect on

[[Page 23211]]

one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes, as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor 
will it 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), because it merely approves a state rule implementing a 
federal standard, and does not alter the relationship or the 
distribution of power and responsibilities established in the CAA. This 
rule also is not subject to Executive Order 13045 (62 FR 19885, April 
23, 1997), because it is not economically significant.
    In reviewing 111(d) plan revisions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a revision for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a revision, 
to use VCS in place of a revision that otherwise satisfies the 
provisions of the CAA. 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. As required by section 3 of Executive Order 12988 
(61 FR 4729, February 7, 1996), in issuing this rule, EPA has taken the 
necessary steps to eliminate drafting errors and ambiguity, minimize 
potential litigation, and provide a clear legal standard for affected 
conduct. 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 rule 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 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. 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. 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. 
804(2).

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: April 21, 2003.
Robert W. Varney,
Regional Administrator, EPA--New England.

0
Part 62 of chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 62--[AMENDED]

0
1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7411(d).

Subpart U--Maine

0
2. Section 62.4845 is amended by adding paragraph (b)(5) to read as 
follows:


Sec.  62.4845  Identification of plan.

* * * * *
    (b) * * *
    (5) A revision to the plan controlling TRS from existing kraft pulp 
mills to incorporate the pulp and paper maximum achievable control 
technology (MACT) requirements that impact TRS emission sources such as 
brownstock washer systems, low volume high concentration (LVHC) 
systems, steam strippers, and waste water treatment plants. Changes 
have also been made to clarify venting allowances and recordkeeping and 
reporting requirements.
* * * * *
[FR Doc. 03-10757 Filed 4-30-03; 8:45 am]
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