[Federal Register Volume 68, Number 234 (Friday, December 5, 2003)]
[Rules and Regulations]
[Pages 67953-67955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30265]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2002-0045, FRL-7594-8]
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: Final rule; technical corrections.

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

SUMMARY: On July 18, 2003, the EPA promulgated 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. The technical corrections in this 
action restore provisions which were inadvertently deleted by the July 
18, 2003, amendments and restore a provision which was inadvertently 
omitted from the January 12, 2001, final rule.

EFFECTIVE DATE: December 5, 2003.

ADDRESSES: Docket numbers OAR-2002-0045 and A-94-67, containing 
supporting information used in the development of this notice, are 
available for public viewing at the EPA Docket Center (Air Docket), EPA 
West, Room B-102, 1301 Constitution Avenue, NW., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr. Jeff Telander, Minerals and 
Inorganic Chemicals Group, Emission Standards Division (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: Docket. The EPA has established an official 
public docket for this action including both Docket ID No. OAR-2002-
0045 and Docket ID No. A-94-67. The official public docket consists of 
the documents specifically referenced in this action, any public 
comments received, and other information related to this action. All 
items may not be listed under both docket numbers, so interested 
parties should inspect both docket numbers to ensure that they have 
received all materials relevant to the final rule. Although a part of 
the official docket, the public docket does not include Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. The official public docket is available for 
public viewing at the Air Docket in the EPA Docket Center, EPA West, 
Room B-102, 1301 Constitution Avenue, NW., Washington, DC 20460. The 
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the Air Docket is (202) 566-1742.
    Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the Federal Register 
listings at http://www.epa.gov/fedrgstr/. You may also access a copy of 
the final rule incorporating the provisions of this Federal Register 
notice through the Technology Transfer Network (TTN) at http://www.epa.gov/ttn/atw/pulp/pulppg.html.
    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 view public comments, 
access the index listing of the contents of the official public docket, 
and to access those documents in the public docket that are available 
electronically. 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 above. Once in 
the system, select search, then key in the appropriate docket 
identification number.
    Background: On February 18, 2003, we published a direct final rule 
(68 FR 7706) and parallel proposal (68 FR 7735) amending the NESHAP for 
chemical recovery combustion sources at kraft, soda, sulfite, and 
stand-alone semichemical pulp mills (40 CFR part 63, subpart MM). The 
amendments clarified and consolidated the monitoring and testing 
requirements and added a site-specific alternative standard for one 
pulp mill. The consolidation of the monitoring and testing requirements 
resulted in significant text shifts within and between the monitoring 
and testing sections of the final rule.
    On July 18, 2003 (68 FR 42603), we published amendments to the 
final rule that deleted portions of subpart MM added by the direct 
final rule (68 FR 7706), the provisions of which were the subject of 
adverse comment. The amendments also made two technical corrections to 
inadvertent errors in rule language. The EPA indicated in that notice 
that if we took further action, we would do so by acting on the pending 
proposed rule (68 FR 7735) and would not submit that proposal to 
another round of public comment.
    However, the amendments inadvertently failed to restore some of the 
underlying rule language from the original rule. We are restoring those 
provisions here. The technical

[[Page 67954]]

corrections in this action restore the following provisions 
inadvertently deleted by the July 18, 2003, amendments:
    [sbull] Reference in Sec.  63.864(d) to the procedures in 
Sec. Sec.  63.6(h) and 63.8 for installing, calibrating, maintaining, 
and operating a continuous opacity monitoring system;
    [sbull] Requirement in Sec.  63.864(e)(10) to determine and record 
the pressure drop across the scrubber and the scrubbing liquid flow 
rate at least once every successive 15-minute period;
    [sbull] Requirement in Sec.  63.864(e)(11) to determine and record 
the operating temperature of the regenerative thermal oxidizer at least 
once every successive 15-minute period; and,
    [sbull] ``Eq. 1'' label for the equation in Sec.  63.865(a)(1).
    The technical corrections in this action also restore the 
particulate matter (PM) emission limit in English units in Sec.  
63.862(b)(1) for new kraft and soda recovery furnaces, which was 
inadvertently omitted from the January 12, 2001, final rule. This 
addition to the rule text does not alter the standard. It merely 
expresses it in English units, to go along with the metric units 
already in the rule.
    The EPA is issuing today's technical corrections in final form 
because we are acting on the pending proposal on which there has been 
notice and opportunity for public comment. In addition, we gave actual 
notice of this action to the commenters to that proposed rule, alerted 
them to the possibility of this action, and considered their comments.
    Section 553(d) of 5 U.S.C. allows an agency, upon a finding of good 
cause, to make a rule effective immediately. Because today's technical 
corrections restore regulatory language which was inadvertently deleted 
by previous amendments, do not add any requirements necessitating 
additional time for compliance, and otherwise do not substantively 
change the requirements of the final rule, we find good cause to make 
the technical corrections effective immediately.

Statutory and Executive Order Review

    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. 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 13084 (63 FR 27655, May 10, 1998). This action will 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 (Public Law 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 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 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 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 December 5, 2003. The EPA will submit a report 
containing the 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, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Reporting and 
recordkeeping requirements.

    Dated: November 10, 2003.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.


0
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]

0
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

0
2. Section 63.862 is amended by revising paragraph (b)(1) to read as 
follows:


Sec.  63.862  Standards.

* * * * *
    (b) Standards for HAP metals: new sources. (1) The owner or 
operator of any new kraft or soda recovery furnace must ensure that the 
concentration of PM in the exhaust gases discharged to the atmosphere 
is less than or equal to 0.034 g/dscm (0.015 gr/dscf) corrected to 8 
percent oxygen.
* * * * *

0
3. Section 63.864 is amended by:

[[Page 67955]]

0
a. Revising paragraph (d) introductory paragraph;
0
b. Revising paragraph (e)(10)introductory text; and
0
c. Revising paragraph (e)(11).
    The revisions read as follows:


Sec.  63.864  Monitoring requirements.

* * * * *
    (d) Continuous opacity monitoring system (COMS). The owner or 
operator of each affected kraft or soda recovery furnace or lime kiln 
equipped with an ESP must install, calibrate, maintain, and operate a 
COMS according to the provisions in Sec. Sec.  63.6(h) and 63.8 and 
paragraphs (d)(1) through (4) of this section.
* * * * *
    (e) * * *
    (10) The owner or operator of each affected kraft or soda recovery 
furnace, kraft or soda lime kiln, sulfite combustion unit, or kraft or 
soda smelt dissolving tank equipped with a wet scrubber must install, 
calibrate, maintain, and operate a CPMS that can be used to determine 
and record the pressure drop across the scrubber and the scrubbing 
liquid flow rate at least once every successive 15-minute period using 
the procedures in Sec.  63.8(c), as well as the procedures in 
paragraphs (e)(10)(i) and (ii) of this section:
* * * * *
    (11) The owner or operator of each affected semichemical combustion 
unit equipped with an RTO must install, calibrate, maintain, and 
operate a CPMS that can be used to determine and record the operating 
temperature of the RTO at least once every successive 15-minute period 
using the procedures in Sec.  63.8(c). The monitor must compute and 
record the operating temperature at the point of incineration of 
effluent gases that are emitted using a temperature monitor accurate to 
within +/-1 percent of the temperature being measured.
* * * * *

0
4. Section 63.865 is amended by revising paragraph (a)(1) to read as 
follows:


Sec.  63.865  Performance test requirements and test methods.

* * * * *
    (a) * * *
    (1) Determine the overall PM emission limit for the chemical 
recovery system at the mill using Equation 1 of this section as 
follows:
[GRAPHIC] [TIFF OMITTED] TR05DE03.004

Where:

ELPM = overall PM emission limit for all existing process 
units in the chemical recovery system at the kraft or soda pulp mill, 
kg/Mg (lb/ton) of black liquor solids fired.
Cref, RF = reference concentration of 0.10 g/dscm (0.044 gr/
dscf) corrected to 8 percent oxygen for existing kraft or soda recovery 
furnaces.
QRFtot = sum of the average volumetric gas flow rates 
measured during the performance test and corrected to 8 percent oxygen 
for all existing recovery furnaces in the chemical recovery system at 
the kraft or soda pulp mill, dry standard cubic meters per minute 
(dscm/min) (dry standard cubic feet per minute (dscf/min)).
Cref,LK = reference concentration of 0.15 g/dscm (0.064 gr/
dscf) corrected to 10 percent oxygen for existing kraft or soda lime 
kilns.
QLKtot = sum of the average volumetric gas flow rates 
measured during the performance test and corrected to 10 percent oxygen 
for all existing lime kilns in the chemical recovery system at the 
kraft or soda pulp mill, dscm/min (dscf/min).
F1 = conversion factor, 1.44 minutes[middot]kilogram/day[middot]gram 
(min[middot]kg/d[middot]g) (0.206 minutes[middot]pound/day[middot]grain 
(min[middot]b/d[middot]gr)).
BLStot = sum of the average black liquor solids firing rates 
of all existing recovery furnaces in the chemical recovery system at 
the kraft or soda pulp mill measured during the performance test, 
megagrams per day (Mg/d) (tons per day (ton/d)) of black liquor solids 
fired.
ER1ref, SDT = reference emission rate of 0.10 kg/Mg (0.20 
lb/ton) of black liquor solids fired for existing kraft or soda smelt 
dissolving tanks.
* * * * *
[FR Doc. 03-30265 Filed 12-4-03; 8:45 am]
BILLING CODE 6560-50-P