Approval and Promulgation of Air Quality Implementation Plans; Maine; Plan for Controlling Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[ME-14-1-6648a; A-1-FRL-5080-4]

Approval and Promulgation of Air Quality Implementation Plans;

Maine; Plan for Controlling Total Reduced Sulfur Emissions From

Existing Kraft Pulp Mills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision

submitted by the State of Maine. Maine revised its ``111(d) plan'' for

the control of total reduced sulfur (TRS) emissions from existing kraft

pulp mills. The revised plan was submitted by the Maine Department of

Environmental Protection (DEP) on April 27, 1994. The revised plan

consists of a revised regulation entitled ``Chapter 124: Total Reduced

Sulfur Control From Kraft Pulp Mills.'' The revised plan satisfies

EPA's requirements for adoption and submittal of a plan to control TRS

emissions from designated facilities in accordance with section 111(d)

of the Clean Air Act (CAA).

DATES: This final rule is effective December 5, 1994 unless, by

November 3, 1994, adverse or critical comments are received. If the

effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Comments may be mailed to Linda M. Murphy, Director, Air,

Pesticides and Toxics Management Division, U.S. Environmental

Protection Agency, Region I, JFK Federal Building, Boston, MA 02203.

Copies of the documents relevant to this action are available for

public inspection during normal business hours, by appointment at the

Air, Pesticides and Toxics Management Division, U.S. Environmental

Protection Agency, Region I, One Congress Street, 10th floor, Boston,

MA; Air and Radiation Docket and Information Center, U.S. Environmental

Protection Agency, 401 M Street, SW., (LE-131), Washington, DC 20460;

and the Bureau of Air Quality Control, Department of Environmental

Protection, 71 Hospital Street, Augusta, ME 04333.

FOR FURTHER INFORMATION CONTACT: Daria L. Dilaj at (617) 565-3249.

SUPPLEMENTARY INFORMATION: On September 19, 1990 (55 FR 38545), EPA

approved Maine's 111(d) plan for controlling total reduced sulfur (TRS)

emissions from existing kraft pulp mills in accordance with section

111(d) of the Clean Air Act. Maine's 111(d) plan consists of a

regulation entitled ``Chapter 124: Total Reduced Sulfur Control from

Kraft Pulp Mills.'' The State of Maine, in adopting a plan pursuant to

section 111(d) of the CAA to control TRS emissions from existing kraft

pulp mills, chose to adopt requirements for existing brown stock washer

systems which are not required to be controlled under EPA guidance.

Under section 116 of the CAA, the State of Maine is legally entitled to

adopt more stringent emission standards for stationary sources than

required or recommended by EPA. The State of Maine in its response to

public comments on the proposed regulation specified that they felt

that the control of TRS emissions from brown stock washers was

important because of the magnitude of potential emissions from

uncontrolled washers and the height at which they are emitted (i.e.,

they are more likely to have negative impacts on local residential

areas because they are emitted at lower levels and are subject to less

dispersion). Kraft pulp mills were required to meet most of the

requirements of the regulation by January 1991, but were given until

January 1, 1994 to meet the requirements for brown stock washers.

On April 27, 1994, the State of Maine submitted a formal revision

of Chapter 124 as an amendment to the 111(d) plan. The purpose of the

revision is to extend the deadline (i.e., January 1, 1994) for brown

stock washer systems to January 1, 1997. This extension addresses

industry's concern that it be allowed to coordinate its efforts to

comply with the SIP with its efforts to comply with EPA's forthcoming

Maximum Achievable Control Technology (MACT) standard for the pulp and

paper industry. This MACT standard is expected to be promulgated by

September 1995. Maine believes a three-year compliance extension of the

brown stock washer controls should be sufficient to allow industry to

consider any impacts of the Federal MACT standard.

Since the brown stock washer requirements of Maine's TRS regulation

are more stringent than the applicable EPA requirements in the EPA

guideline document entitled ``Kraft Pulping: Control of TRS Emissions

from Existing Mills'' (EPA-450/2-78-003b), the compliance extension for

the brown stock washers is acceptable.

EPA is publishing this action without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in a separate document in this publication,

EPA is proposing to approve the SIP revision should adverse or critical

comments be filed. This action will be effective December 5, 1994

unless, by November 3, 1994, adverse or critical comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by simultaneously publishing a subsequent

document that will withdraw the final action. All public comments

received will then be addressed in a subsequent final rule based on

this action serving as a proposed rule. The EPA will not institute a

second comment period on this action. Any parties interested in

commenting on this action should do so at this time. If no such

comments are received, the public is advised that this action will be

effective on December 5, 1994.

Final Action

EPA is approving the revised 111(d) plan controlling TRS emissions

from kraft pulp mills submitted by Maine Department of Environmental

Protection. The revised plan which consists of the revised regulation

entitled ``Chapter 124: Total Reduced Sulfur From Kraft Pulp Mills''

affects six existing kraft pulp mills in the State of Maine.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future submittal of a

111(d) plan by any State. Each request for approval of a 111(d) plan

shall be considered separately in light of specific technical,

economic, and environmental factors and in relation to relevant

statutory and regulatory requirements.

Regulatory Process

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the Federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the Federal-state relationship under the CAA,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);

42 U.S.C. 7410 (a)(2).

This action has been classified as a Table 3 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. A future document will inform the general public of

these tables. On January 6, 1989, the Office of Management and Budget

(OMB) waived Table 2 and Table 3 SIP revisions from the requirement of

section 3 of Executive Order 12291 for a period of two years. The US

EPA has submitted a request for a permanent waiver for Table 2 and

Table 3 SIP revisions. The OMB has agreed to continue the waiver until

such time as it rules on US EPA's request. This request continues in

effect under Executive Order 12866 which superseded Executive Order

12291 on September 30, 1993.

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 December 5, 1994. 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 62

Environmental protection, Administrative practice and procedure,

Air pollution control, Intergovernmental relations, Paper and paper

products industry, Reporting and recordkeeping requirements.

Dated: August 17, 1994.

John P. DeVillars,

Regional Administrator, Region I.

Title 40 of the Code of Federal Regulations, chapter I, part 62, is

amended as follows:

PART 62--[AMENDED]

1. The authority citation for part 62 continues to read asfollows:

Authority: 42 U.S.C. 7401-7671q.

Subpart U--Maine

2. Section 62.4845 is amended by adding paragraph (b)(3) to read as

follows:

Sec. 62.4845 Identification of plan.

* * * * * *

(b) * * *

(3) A revision to the plan to control TRS from existing kraft pulp

mills, which extends the final compliance date for brown stock washers

to January 1, 1997, was submitted on April 27, 1994.

* * * * *

[FR Doc. 94-24406 Filed 10-3-94; 8:45 am]

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