[Federal Register Volume 69, Number 132 (Monday, July 12, 2004)]
[Rules and Regulations]
[Pages 41757-41761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15721]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AL-112L-2004-1-FRL-7786-2]


Approval of Section 112(l) Authority for Hazardous Air 
Pollutants; Equivalency by Permit Provisions; National Emission 
Standards for Hazardous Air Pollutants for Chemical Recovery Combustion 
Sources at Pulp Mills; State of Alabama

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), the 
Alabama Department of Environmental Management (ADEM) 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. The Environmental 
Protection Agency has reviewed this request and found that it satisfies 
all of the requirements necessary to qualify for up-front program 
approval of the State's equivalency by permit (EBP) program. Thus, by 
approving the State's EBP program the EPA is hereby granting ADEM 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 September 10, 2004, without 
further notice, unless EPA receives significant or adverse comments by 
August 2, 2004. If significant or adverse comments are 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. Duplicate copies of all comments must also 
be submitted to Ronald W. Gore, Chief, Air Division, Alabama Department 
of Environmental Management, P.O. Box 301463, Montgomery, Alabama 
36130-1463. 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 
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 AL-112L-2004-1 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 Alabama Department of Environmental Management, Air 
Division, 1400 Coliseum Boulevard, Montgomery, Alabama 36110.
    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

[[Page 41758]]

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. All comments received on this 
rulemaking package will be evaluated and addressed if necessary.

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 AL-112L-2004-1'' in the subject 
line on the first page of your comment. Duplicate copies of all 
comments should be transmitted to Ronald W. Gore, Chief, Air Division, 
Alabama Department of Environmental Management, P.O. Box 301463, 
Montgomery, Alabama 36130-1463. 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 AL-112L-2004-1'' 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. 
Also, send duplicate copies of comments to Ronald W. Gore, Chief, Air 
Division, Alabama Department of Environmental Management, P.O. Box 
301463, Montgomery, Alabama 36130-1463. Please include the text 
``Public comment on proposed rulemaking AL-112L-2004-1'' 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 a.m. to 3:30 p.m. excluding Federal holidays. Duplicate copies of 
comments should be delivered to Ronald W. Gore, Chief, Air Division, 
Alabama Department of Environmental Management, 1400 Coliseum 
Boulevard, Montgomery, Alabama 36130-1463.

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 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

[[Page 41759]]

Register citation related to your comments.

II. Background

    On January 12, 2001, the Environmental Protection Agency (EPA) 
promulgated the National Emission Standards for Hazardous Air 
Pollutants for Chemical Recovery Combustion Sources at Pulp Mills (see 
66 FR 3180) which was codified in 40 CFR part 63, subpart MM, 
``National Emission Standards for Hazardous Air Pollutants for Chemical 
Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone 
Semichemical Pulp Mills' (Pulp and Paper MACT II). The International 
Paper Prattville Mill in Prattville, Alabama, is one of twelve pulp and 
paper mills operating in the State and subject to subpart MM.
    On March 31, 2004, the Alabama Department of Environmental 
Management (ADEM) requested delegation of subpart MM under 40 CFR 63.94 
for the International Paper Prattville Mill. EPA received the request 
on April 9, 2004. Specifically, ADEM requested approval to implement 
and enforce EPA approved alternative title V permit terms and 
conditions in place of the otherwise applicable requirements of 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 Clean Air Act (CAA) 
standards, ADEM also requested, under 40 CFR 63.91, up-front approval 
of its demonstration that ADEM has adequate authorities and resources 
to implement and enforce all delegable CAA section 112 programs and 
rules. The purpose of this demonstration is to streamline the approval 
process for future CAA section 112(l) applications.
    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'' by EPA of the State EBP 
program. The second step (see 40 CFR 63.94(c) and (d)) is the State's 
submittal of alternative section 112 requirements in the form of. pre-
draft permit terms and conditions, which EPA reviews for a 
determination of equivalency. If EPA finds the pre-draft permit terms 
and conditions equivalent, it approves the State's alternative 
requirements and notifies the State in writing. The third step (see 40 
CFR 63.94(e)) is incorporation of the EPA approved pre-draft permit 
terms and conditions into a specific title V permit through the title V 
permit issuance process. Until completion of step three, all 
requirements of the Pulp and Paper MACT II remain the federally 
enforceable and applicable requirements for the International Paper 
Prattville Mill.
    The instant rulemaking involves step one of the EBP process. The 
purpose of step one, the ``up-front approval'' of the EBP program, is 
three fold: (1) It ensures that ADEM meets the Sec.  63.91(b) criteria 
for up-front approval common to all approval options; (2) it provides a 
legal foundation for ADEM 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 ADEM will be accepting delegation under 
the EBP option.
    Under Sec. Sec.  63.94(b) and 63.91, ADEM's request for up-front 
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, the identification of 
the existing section 112 standard for which the State is seeking 
authority to implement and enforce alternative requirements, and a one 
time demonstration that the State has an approved title V operating 
permit program that permits the affected sources. In addition, Sec.  
63.94(b) requires the State to consult with the EPA regional office 
regarding the number of sources in a category.

III. Final Action

    After reviewing the request for approval of ADEM's EBP program for 
subpart MM, EPA has determined that this request meets all the 
requirements necessary to qualify for up-front program approval under 
CAA section 112(l) and 40 CFR 63.91 and 63.94. ADEM's request includes 
the identification of the sources and the source categories for which 
the State is seeking authority to implement and enforce alternative 
requirements (International Paper's Prattville, Alabama, facility: 
Chemical Recovery Combustion Sources at Pulp Mills). ADEM's request 
also includes a one time demonstration of an approved Title V 
permitting program (ADEM received full EPA approval for its Title V 
permitting program on October 29, 2001), and an identification of the 
existing section 112 standard for which it is seeking authority to 
implement and enforce alternative requirements (Pulp and Paper MACT 
II). Finally, ADEM has consulted with the EPA Regional Office regarding 
the number of sources in this category. Accordingly, EPA approves 
ADEM's request for program approval to implement and enforce 
alternative requirements in the form of title V permit terms and 
conditions for International Paper Prattville Mill for subpart MM (step 
one approval).
    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
comments that would result in amending the direct final rule language 
(significant or 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 
section 112(l) provisions should significant or adverse comments be 
filed. This rule will be effective September 10, 2004, without further 
notice unless the Agency receives significant or adverse comments by 
August 2, 2004.
    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 September 10, 2004, and 
no further action will be taken on the proposed rule. Please note that 
if we receive significant or 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 significant or adverse comment.

[[Page 41760]]

IV. 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 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 
Alabama 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 September 10, 2004. 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: June 29, 2004.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.


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

[[Page 41761]]

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)(1) to read as 
follows:


Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (1) Alabama.
    (i) [Reserved]
    (ii) Alabama Department of Environmental Management (ADEM) may 
implement and enforce alternative requirements in the form of title V 
permit terms and conditions for International Paper Prattville Mill, 
Prattville, Alabama, for subpart MM of this part -- National Emission 
Standards for Hazardous Air Pollutants for Chemical Recovery Combustion 
Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp 
Mills. This action is contingent upon ADEM 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. 04-15721 Filed 7-9-04; 8:45 am]
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