[Federal Register Volume 69, Number 88 (Thursday, May 6, 2004)]
[Rules and Regulations]
[Pages 25321-25324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10343]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2002-0045, FRL-7657-2]
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.

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SUMMARY: On February 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 the 
final rule correct several cross-references in order to be consistent 
with the text shifts made in the February 18, 2003 amendments.

DATES: Effective Date: The technical corrections are effective May 6, 
2004.

ADDRESSES: Docket ID No. OAR-2002-0045 and Docket ID No. A-94-67, 
containing supporting information used in the development of the final 
rule, are available for public viewing at the EPA Docket Center (Air 
Docket), EPA West, Room B-102, 1301 Constitution Avenue, NW., 
Washington, DC. The EPA Docket Center Public Reading

[[Page 25322]]

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.

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 (e-mail address 
[email protected].

SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities 
potentially regulated by this action are those 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:

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                                        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 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 the final rule, any public comments 
received, and other information related to the final rule. 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 or other information whose disclosure is 
restricted by statute. The official public docket is available for 
public viewing at the EPA Docket Center (Air Docket), EPA West, Room B-
102, 1301 Constitution Avenue, 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 
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 the 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.
    The technical corrections in the final rule correct the following 
cross-references in order to be consistent with the text shifts made in 
the February 18, 2003 amendments:
     The reference in Sec.  63.866(a)(1) to the procedures in 
Sec.  63.864(b)(2) for establishing operating ranges is corrected to 
refer to the procedures in Sec.  63.864(j);
     The references in Sec. Sec.  63.866(b) and 63.867(c) to 
the ongoing compliance provisions in Sec.  63.864(c),(c)(1) and (2) are 
revised to refer to the provisions in Sec.  63.864(k), (k)(1) and (2), 
respectively;
     The reference in Sec.  63.866(c)(4) to the compliance 
determinations made under Sec.  63.865(a) through (e) is corrected to 
refer to the compliance determinations made under Sec.  63.865(a) 
through (d); and
     The references in the General Provisions table (under 
Sec. Sec.  63.7(a)(1) and 63.7(h)) to the performance test exemption in 
Sec.  63.864(a)(6) are corrected to refer to the exemption in Sec.  
63.865(c)(1).
    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 final rule 
simply corrects cross-references in order to be consistent with text 
shifts made in the February 18, 2003 amendments, does not add any 
requirements necessitating additional time for compliance, and 
otherwise does not substantively change the requirements of the final 
rule or otherwise affect sources' ability to comply with the final rule 
or any compliance obligation a source may have, we find good cause to 
make the final rule 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

[[Page 25323]]

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 May 6, 2004. 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: April 28, 2004.
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 63.866 is amended by revising paragraphs (a)(1) introductory 
text, (b), and (c)(4) to read as follows:


Sec.  63.866  Recordkeeping requirements.

    (a) * * *
    (1) Procedures for responding to any process parameter level that 
is inconsistent with the level(s) established under Sec.  63.864(j), 
including the procedures in paragraphs (a)(1)(i) and (ii) of this 
section:
* * * * *
    (b) The owner or operator of an affected source or process unit 
must maintain records of any occurrence when corrective action is 
required under Sec.  63.864(k)(1), and when a violation is noted under 
Sec.  63.864(k)(2).
* * * * *
    (c) * * *
    (4) Records and documentation of supporting calculations for 
compliance determinations made under Sec. Sec.  63.865(a) through (d);
* * * * *
0
3. Section 63.867 is amended by revising paragraph (c) introductory 
text to read as follows:


Sec.  63.867  Reporting requirements.

* * * * *
    (c) Excess emissions report. The owner or operator must report 
quarterly if measured parameters meet any of the conditions specified 
in paragraph (k)(1) or (2) of Sec.  63.864. This report must contain 
the information specified in Sec.  63.10(c) of this part as well as the 
number and duration of occurrences when the source met or exceeded the 
conditions in Sec.  63.864(k)(1), and the number and duration of 
occurrences when the source met or exceeded the conditions in Sec.  
63.864(k)(2). Reporting excess emissions below the violation thresholds 
of Sec.  63.864(k) does not constitute a violation of the applicable 
standard.
* * * * *
0
4. Table 1 to Subpart MM is amended by revising the entries for 
Sec. Sec.  63.7(a)(1) and 63.7(h) to read as follows:

[[Page 25324]]



                Table 1 to Subpart MM of Part 63--General Provisions Applicability to Subpart MM
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                                                                  Applies to supbart
    General Provisions reference       Summary of requirements            MM                  Explanation
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                                                  * * * * * * *
63.7(a)(1).........................  Performance testing         Yes................  Sec.   63.865(c)(1)
                                      requirements--applicabili                        specifies the only
                                      ty.                                              exemption from
                                                                                       performance testing
                                                                                       allowed under subpart MM.
 
                                                  * * * * * * *
63.7(h)............................  Waiver of performance       Yes................  Sec.   63.865(c)(1)
                                      tests.                                           specifies the only
                                                                                       exemption from
                                                                                       performance testing
                                                                                       allowed under subpart MM.
 
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[FR Doc. 04-10343 Filed 5-5-04; 8:45 am]
BILLING CODE 6560-50-P