[Federal Register Volume 68, Number 165 (Tuesday, August 26, 2003)]
[Rules and Regulations]
[Pages 51190-51194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21779]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[NC-112L-2003-1-FRL-7549-6]


Approval of Section 112(l) Authority for Hazardous Air 
Pollutants; Equivalency by Permit Provisions; National Emission 
Standards for Hazardous Air Pollutants from the Pulp and Paper 
Industry; State of North Carolina

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Pursuant to section 112(l) of the Clean Air Act (CAA), North 
Carolina Department of Environment and Natural Resources (NC DENR) 
requested approval to implement and enforce State permit terms and 
conditions that substitute for the National Emission Standards for 
Hazardous Air Pollutants from the Pulp and Paper Industry and the 
National Emission Standards for Hazardous Air Pollutants for Chemical 
Recovery Combustion Sources at Kraft, Soda, Sulfite and Stand-alone 
Semi-chemical Pulp Mills. The Environmental Protection Agency (EPA) had 
reviewed this request and had found that it satisfies all of the 
requirements necessary to qualify for approval. Thus, the EPA is hereby 
granting NC DENR the authority to implement and enforce alternative 
requirements in the form of title V permit terms and conditions after 
EPA has approved the state's alternative requirements.

DATES: This direct final rule is effective October 27, 2003 without 
further notice, unless EPA receives adverse comment by September 25, 
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: Written Comments must be submitted to Lee Page, Air Toxics 
Assessment and Implementation Section; Air Toxics and Monitoring 
Branch; Air, Pesticides and Toxics Management Division; U.S. 
Environmental Protection Agency Region 4; 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. Comments may also be submitted 
electronically, or through hand delivery/courier by following the 
detailed instructions described in (part (I)(B)(1)(i) through (iii)) of 
the Supplementary Information.

FOR FURTHER INFORMATION CONTACT: Lee Page, Air Toxics Assessment and

[[Page 51191]]

Implementation Section, Air Toxics and Monitoring Branch, Air, 
Pesticides and Toxics Management Division, Region 4, U.S. Environmental 
Protection Agency, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. 
The telephone number is (404) 562-9131. Mr. Page can also be reached 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an official public 
rulemaking file for this action under NC-112L-2003-1 that is available 
for inspection at the Regional Office. The official public file 
consists of the documents specifically referenced in this action, any 
public comments received, and other information related to this action. 
Although a part of the official docket, the public rulemaking file does 
not include Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. The official 
public rulemaking file is the collection of materials that is available 
for public viewing at the Air Toxics Assessment and Implementation 
Section, Air Toxics and Monitoring Branch, Air, Pesticides and Toxics 
Management Division, Region 4, U.S. Environmental Protection Agency, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if 
at all possible, you contact the contact listed in the For Further 
Information Contact section to schedule your inspection. The Regional 
Office's official hours of business are Monday through Friday, 9 to 
3:30 excluding Federal Holidays.
    2. Copies of the State submittal and supporting documents are also 
available for public inspection during normal business hours, by 
appointment at the North Carolina Department of Environmental and 
Natural Resources, Division of Air Quality, 1641 Mail Service Center, 
Raleigh, North Carolina 27699-1641.
    3. Electronic Access. You may access this Federal Register document 
electronically through the Regulation.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
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 the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

B. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking NC-112L-2003-1'' in the subject 
line on the first page of your comment. Please ensure that your 
comments are submitted within the specified comment period. Comments 
received after the close of the comment period will be marked ``late.'' 
EPA is not required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an 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. 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. 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.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected]. Please include the text ``Public comment on proposed 
rulemaking NC-112L-2003-1'' in the subject line. EPA's e-mail system is 
not an ``anonymous access'' system. If you send an e-mail comment 
directly without going through Regulation.gov, EPA's e-mail system 
automatically captures your e-mail address. E-mail addresses that are 
automatically captured by EPA's e-mail system are included as part of 
the comment that is placed in the official public docket.
    ii. Regulation.gov. Your use of Regulation.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 
Regulations.gov at http://www.regulations.gov, then select 
Environmental Protection Agency at the top of the page and use the go 
button. The list of current EPA actions available for comment will be 
listed. Please follow the online instructions for submitting comments. 
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.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII file format. Avoid the use of special characters and any 
form of encryption.
    2. By Mail. Send your comments to: Lee Page, Air Toxics Assessment 
and Implementation Section, Air Toxics and Monitoring Branch, Air, 
Pesticides and Toxics Management Division, Region 4, U.S. Environmental 
Protection Agency, 61 Forsyth Street, SW, Atlanta, Georgia 30303-8960. 
Please include the text ``Public comment on proposed rulemaking NC-
112L-2003-1'' in the subject line on the first page of your comment.
    3. By Hand Delivery or Courier. Deliver your comments to: Lee Page; 
Air Toxics Assessment and Implementation Section; Air Toxics and 
Monitoring Branch; Air, Pesticides and Toxics Management Division 12th 
floor; U.S. Environmental Protection Agency Region 4; 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only 
accepted during the Regional Office's normal hours of operation. The 
Regional Office's official hours of business are Monday through Friday, 
9 to 3:30 excluding Federal Holidays.

C. How Should I Submit CBI To the Agency?

    Do not submit information that you consider to be CBI 
electronically to EPA. 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

[[Page 51192]]

information that is CBI). Information so marked will not be disclosed 
except in accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

D. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate 
regional file/rulemaking identification number in the subject line on 
the first page of your response. It would also be helpful if you 
provided the name, date, and Federal Register citation related to your 
comments.

II. Background

    On April 15, 1998, the Environmental Protection Agency (EPA) 
promulgated the National Emission Standards for Hazardous Air 
Pollutants from the Pulp and Paper Industry (see 63 FR 18504) which was 
codified in 40 CFR part 63, subpart S, ``National Emission Standards 
for Hazardous Air Pollutants from the Pulp and Paper Industry'' (Pulp 
and Paper MACT I). Subsequently, on January 12, 2001, EPA promulgated 
the National Emission Standard for Hazardous Air Pollutants from the 
Pulp and Paper Industry (see 66 FR 3180) which has been codified in 40 
CFR part 63, subpart MM, ``National Emission Standards for Chemical 
Recovery Combustion Sources at Kraft, Soda, Sulfite and Stand-alone 
Semi-chemical Pulp Mills'' (Pulp and Paper MACT II). The International 
Paper Riegelwood Mill in Riegelwood, North Carolina, is one of five 
pulp and paper mills operating in the State and subject to subpart S 
and subpart MM.
    On March 4, 2003, North Carolina Department of Environment and 
Natural Resources (NC DENR) requested delegation of subpart S and 
subpart MM under Sec.  63.94 for the International Paper Riegelwood 
Mill. EPA received the request on March 11, 2003. NC DENR requested to 
implement and enforce approved alternative title V permit terms and 
conditions in place of the otherwise applicable requirements of subpart 
S and subpart MM under the process outlined in 40 CFR 63.94. As part of 
its request to implement and enforce alternative terms and conditions 
in place of the otherwise applicable Federal section 112 standards, NC 
DENR also requested approval of its demonstration that NC DENR has 
adequate authorities and resources to implement and enforce all Clean 
Air Act (CAA) section 112 programs and rules. The purpose of this 
demonstration is to streamline the approval process for future CAA 
section 112(l) applications.

III. Analysis of State's Submittal

    Under CAA section 112(l), EPA may approve state or local rules or 
programs to be implemented and enforced in place of certain otherwise 
applicable CAA section 112 Federal rules, emission standards, or 
requirements. The Federal regulations governing EPA's approval of state 
and local rules or programs under section 112(l) are located at 40 CFR 
part 63, subpart E (see 65 FR 55810, dated September 14, 2000). Under 
these regulations, a state or local air pollution control agency has 
the option to request EPA's approval to substitute alternative 
requirements and authorities that take the form of permit terms and 
conditions instead of source category regulations. This option is 
referred to as the equivalency by permit (EBP) option. To receive EPA 
approval using this option, the requirements of 40 CFR 63.91 and 63.94 
must be met.
    The EBP process comprises three steps. The first step (see 40 CFR 
63.94(a) and (b)) is the ``up-front approval'' of the state EBP 
program. The second step (see 40 CFR 63.94(c) and (d)) is EPA review 
and approval of the state alternative section 112 requirements in the 
form of pre-draft permit terms and conditions. The third step (see 40 
CFR 63.94(e)) is incorporation of the approved pre-draft permit terms 
and conditions into a specific title V permit and the title V permit 
issuance process itself. The final approval of the state alternative 
requirements that substitute for the Federal standard does not occur 
for purposes of the Act, section 112(l)(5), until the completion of 
step three.
    The purpose of step one, the ``up-front approval'' of the EBP 
program, is three fold: (1) It ensures that NC DENR meets the Sec.  
63.91(b) criteria for up-front approval common to all approval options; 
(2) it provides a legal foundation for NC DENR to replace the otherwise 
applicable Federal section 112 requirements with alternative, federally 
enforceable requirements that will be reflected in final title V permit 
terms and conditions; and (3) it delineates the specific sources and 
Federal emission standards for which NC DENR will be accepting 
delegation under the EBP option.
    Under Sec. Sec.  63.94(b) and 63.91, NC's request for approval is 
required to include the identification of the sources and the source 
categories for which the state is seeking authority to implement and 
enforce alternative requirements, as well as a one time demonstration 
that the State has an approved title V operating permit program that 
permits the affected sources.

IV. Final Action

    After reviewing the request for approval of NC DENR's EBP program 
for Subpart S and Subpart MM, EPA has determined that this request 
meets all the requirements necessary to qualify for approval under CAA 
section 112(l) and 40 CFR 63.91 and 63.94. Accordingly, EPA approves NC 
DENR's request to implement and enforce alternative requirements in the 
form of title V permit terms and conditions for International Paper 
Riegelwood Mill for subpart S and subpart MM. This action is contingent 
upon NC DENR including, in title V permits, terms and conditions that 
are no less stringent than the Federal standard. In addition, the 
requirement applicable to the sources and the ``applicable 
requirement'' for title V purposes remains the Federal section 112 
requirement until EPA has approved the alternative permit terms and 
conditions and the final title V permit is issued.
    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal 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

[[Page 51193]]

proposal to approve the section 112(l) provisions should adverse 
comments be filed. This rule will be effective October 27, 2003 without 
further notice unless the Agency receives adverse comments by September 
25, 2003.
    If the EPA receives such comments, then EPA will publish a document 
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. The EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on October 27, 2003 and no 
further action will be taken on the proposed rule. Please note that if 
we receive adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, we may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

V. Statutory and Executive Order Reviews

A. Executive Order 12866

    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). Also, this 
action is not subject to Executive Order 13045, entitled, ``Protection 
of Children from Environmental Health Risks and Safety Risks,'' because 
it is not an ``economically significant'' action under Executive Order 
12866.

B. Executive Order 13175

    This rule also does not have tribal implications because it will 
not have a substantial direct effect on 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). Thus, Executive Order 13175 does not apply 
to this rule

C. Executive Order 13132

    This action also does not have Federalism implications because it 
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 merely approves a state program implementing a 
Federal program, and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act. Thus, Executive Order 13132 does not apply to this rule.

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 
601 et seq., 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 not-for-profit 
enterprises, and small governmental entities with jurisdiction over 
populations of less than 50,000. This rule will not have a significant 
impact on a substantial number of small entities because approvals 
under 40 CFR 63.94 do not create any new requirements but simply allows 
the state to implement and enforce permit terms in place of federal 
requirements that the EPA is already imposing. Therefore, because this 
approval does not create any new requirements, I certify that this 
action will not have a significant economic impact on a substantial 
number of small entities.

E. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(Unfunded Mandates Act), signed into law on March 22, 1995, EPA must 
prepare a budgetary impact statement to accompany any proposed or final 
rule that includes a Federal mandate that may result in estimated 
annual costs to state, local, or tribal governments in the aggregate, 
or to the private sector, of $100 million or more. Under section 205, 
EPA must select the most cost-effective and least burdensome 
alternative that achieves the objectives of the rule and is consistent 
with statutory requirements. Section 203 requires EPA to establish a 
plan for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated annual costs of 
$100 million or more to either state, local, or tribal governments in 
the aggregate, or to the private sector. This Federal action allows 
North Carolina to implement equivalent alternative requirements to 
replace pre-existing requirements under Federal law, and imposes no new 
requirements. Accordingly, no additional costs to state, local, or 
tribal governments, or to the private sector, result from this action.

F. Submission to Congress and the Comptroller General

    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).

G. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards. This 
action does not involve technical standards. Therefore, EPA did not 
consider the use of any voluntary consensus standards.

H. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 27, 2003.

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Filing a petition for reconsideration by the Administrator of this 
final rule does not affect the finality of this rule for the purposes 
of judicial review nor does it extend the time within which a petition 
for judicial review may be filed, and shall not postpone the 
effectiveness of such rule or action. This action may not be challenged 
later in proceedings to enforce its requirements. (See section 
307(b)(2).)

List of Subjects in 40 CFR Part 63

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

    Dated: August 13, 2003
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
Title 40, chapter I, part 63 of the Code of Federal Regulations is 
amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart E--Approval of State Programs and Delegation of Federal 
Authorities

0
2. Section 63.99 is amended by adding paragraph (a)(33) to read as 
follows:


Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (33) North Carolina.
    (i) [Reserved]
    (ii) North Carolina Department of Environment and Natural Resources 
(NC DENR) may implement and enforce alternative requirements in the 
form of title V permit terms and conditions for International Paper 
Riegelwood Mill, Riegelwood, North Carolina, for subpart S of this 
part--National Emission Standards for Hazardous Air Pollutants from the 
Pulp and Paper Industry and subpart MM of this part--National Emissions 
Standards for Hazardous Air Pollutants for Chemical Recovery Combustion 
Sources at Kraft, Soda, Sulfite and Stand-alone Semi-chemical Pulp 
Mills. This action is contingent upon NC DENR including, in title V 
permits, terms and conditions that are no less stringent than the 
Federal standard. In addition, the requirement applicable to the source 
remains the Federal section 112 requirement until EPA has approved the 
alternative permit terms and conditions and the final title V permit is 
issued.
* * * * *

[FR Doc. 03-21779 Filed 8-25-03; 8:45 am]
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