[Federal Register Volume 69, Number 71 (Tuesday, April 13, 2004)]
[Proposed Rules]
[Pages 19743-19744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8312]



  Federal Register / Vol. 69, No. 71 / Tuesday, April 13, 2004 / 
Proposed Rules  

[[Page 19743]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7646-7]
RIN 2090-AA33


Site-Specific Rulemaking for Packaging Corporation of America's 
Pulp and Paper Mill Located in Tomahawk, WI, Pursuant to the Joint 
State/EPA Agreement To Pursue Regulatory Innovation

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA or the Agency) 
is proposing to adopt limited revisions to the National Emissions 
Standards for Hazardous Air Pollutants from the Pulp and Paper Industry 
(Pulp and Paper Industry NESHAP). Collectively, these revisions 
comprise a site-specific rule to control Hazardous Air Pollutants 
(HAPs) applicable only to the semi-chemical pulp and paper mill 
currently owned and operated by Packaging Corporation of America (PCA) 
in Tomahawk, Wisconsin (the Tomahawk Mill). EPA is proposing these 
revisions pursuant to the Clean Air Act (CAA) and the Joint State/EPA 
Agreement to Pursue Regulatory Innovation (Innovations Agreement).
    The Pulp and Paper Industry NESHAP currently requires semi-chemical 
pulp and paper mills to control the HAP emissions from the air stack 
for the collection of equipment comprising the Low Volume High 
Concentration (LVHC) system. Neither the Pulp and Paper Industry 
NESHAP, nor any other federal or state regulation, requires such mills 
to control HAPs that may be contained in the liquid condensates from 
the LVHC system. The proposed revisions allow PCA's Tomahawk Mill to 
control the HAPs generated in the LVHC system by condensing them into a 
liquid and treating them via anaerobic biodegradation in the facility's 
wastewater treatment system. In other words, the proposed revisions 
allow PCA's Tomahawk Mill to control the HAPs generated in the LVHC 
system from an emission point and with a technology not addressed by 
the Pulp and Paper Industry NESHAP.
    Under the proposed revisions, PCA would maintain compliance with 
the CAA and achieve a reduction in HAPs emitted to the environment 
significantly superior to that which would have been achieved through 
compliance with the control methodology currently prescribed by the 
Pulp and Paper Industry NESHAP. Additionally, the proposed revisions 
are consistent with the Innovations Agreement by allowing PCA's 
Tomahawk Mill to achieve superior environmental performance through 
regulatory flexibility.

DATES: Comments on this rulemaking must be received on or before May 
13, 2004.
    Public Hearing: Commenters may request a public hearing no later 
than April 27, 2004. Commenters requesting a public hearing should 
specify the basis for their request. If EPA determines that there is 
sufficient reason to hold a public hearing, it will be held on May 17, 
2004, at 10 a.m. Requests to present oral testimony must be made by May 
3, 2004. Persons interested in requesting a hearing, attending a 
hearing, or presenting oral testimony at a hearing should call Ms. 
Eileen L. Furey or Mr. Eaton R. Weiler at (312) 886-7950 or (312) 886-
6041, respectively.

ADDRESSES: To make comments by mail, send two (2) copies of your 
comments to the Air and Radiation Docket and Information Center, 
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania 
Ave., NW., Washington, DC, 20460, Attention Docket ID OAR-2003-0205. 
Comments also may be submitted electronically, or through hand 
delivery/courier. Follow the detailed instructions as provided in the 
SUPPLEMENTARY INFORMATION section.
    If a public hearing is held, it will take place at the Valdas V. 
Adamkus Environmental Resource Center meeting rooms on the 12th floor 
of the Metcalf Federal Building, 77 West Jackson Blvd, Chicago, 
Illinois.

FOR FURTHER INFORMATION CONTACT: Ms. Eileen L. Furey or Mr. Eaton R. 
Weiler at U.S. EPA, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. Ms. Furey or Mr. Weiler can be reached at (312) 886-
7950 or (312) 886-6041, respectively (or by e-mail at: 
[email protected] or [email protected]).

SUPPLEMENTARY INFORMATION:

Regulated Entities

    This site-specific revision to the Pulp and Paper Industry NESHAP, 
which governs the emission of HAPs from the pulp and paper industry, 
applies only to a single source, PCA's Tomahawk, Wisconsin pulp and 
paper mill.

Direct Final Rule

    In a document with the same title that is located in the ``Rule and 
Regulations'' section of today's Federal Register, EPA is taking direct 
final action to approve the revisions, without prior proposal, because 
we consider the revisions to be noncontroversial and anticipate no 
significant adverse comments. Additionally, EPA is aware that most 
persons with an interest in this proposed rule have already been 
afforded at least two opportunities to comment on its merits. In April 
2003, and again in September 2003, PCA sponsored public meetings 
regarding the project that is described at length in today's rule. EPA 
believes that PCA made every reasonable effort to invite all potential 
stakeholders to those public meetings. EPA has explained its reasons 
for the revisions in the preamble to the direct final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse comment, we will withdraw 
the direct final rule and it will not take effect. We will address all 
public comments in a subsequent final rule based on this proposed rule. 
We will not institute a second comment period on this action. Any 
parties interested in commenting must do so at this time.

Docket

    EPA has established an official public docket for this action under 
Docket ID No. OAR-2003-0205. The official public docket 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 docket does not include Confidential 
Business Information (CBI) or other information the disclosure of which 
is restricted by statute. The official public docket is the collection 
of materials that is available for public viewing at the Air and 
Radiation Docket and Information Center in the EPA Docket Center, (EPA/
DC) EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. 
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 Reading Room is (202) 566-1744, and the 
telephone number for the Air and Radiation Docket is (202) 566-1742.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information statutorily restricted 
from disclosure, which is not included in the official public docket, 
will not be available for public viewing in EPA's electronic public 
docket. EPA's policy is that copyrighted material will not be placed in 
EPA's electronic public docket but will be available only in printed,

[[Page 19744]]

paper form in the official public docket. To the extent feasible, 
publicly available docket materials will be made available in EPA's 
electronic public docket. When a document is selected from the index 
list in EPA Dockets, the system will identify whether the document is 
available for viewing in EPA's electronic 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 above. EPA intends to work towards providing 
electronic access to all of the publicly available docket materials 
through EPA's electronic public docket.
    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 in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information statutorily 
restricted from disclosure. 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.

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/.
    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 listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Once in the system, select ``search,'' 
then key in the appropriate docket identification number.

Submission of 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 
received after the close of the comment period will be marked ``late.'' 
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 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, 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.

By EPA's Electronic Public Docket

    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. To access EPA's electronic 
public docket from the EPA Internet Home Page, select ``Information 
Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once in the system, select 
``search,'' and then key in Docket ID No. OAR-2003-0205. 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.

By E-mail

    Comments may be sent by electronic mail (e-mail) to [email protected], Attention Docket ID No. OAR-2003-0205. 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 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.

By Disk or CD ROM

    You may submit comments on a disk or CD ROM that you mail to the 
mailing address identified in the next paragraph. 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 two (2) copies of your comments to the Air and Radiation 
Docket and Information Center, Environmental Protection Agency, 
Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460, 
Attention Docket ID No. OAR-2003-0205.

By Hand Delivery or Courier

    Deliver your comments to: Environmental Protection Agency, EPA 
Docket Center, 1301 Constitution Avenue, NW., Washington, DC 20004, 
Attention Docket ID No. OAR-2003-0205. Such deliveries are only 
accepted during the Docket's normal hours of operation as identified in 
above.

By Facsimile

    Fax your comments to: (202) 566-1741, Attention Docket ID No. OAR-
2003-0205.

    Dated: April 7, 2004.
Michael O. Leavitt,
Administrator.
[FR Doc. 04-8312 Filed 4-12-04; 8:45 am]
BILLING CODE 6560-50-P