National Emission Standards for Hazardous Air Pollutants for Source Categories: Pulp and Paper Production

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6210-4]

RIN 2060-AH74

National Emission Standards for Hazardous Air Pollutants for

Source Categories: Pulp and Paper Production

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule and notice of public hearing.

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SUMMARY: Under the authority of the Clean Air Act, as amended, the EPA

has promulgated standards (63 FR 18504, April 15, 1998) to reduce

hazardous air pollutant (HAP) emissions from the pulp and paper

production source category. This rule is known as the Pulp and Paper

national emission standards for hazardous air pollutants (NESHAP) and

is the air component of the integrated air and water rules for the pulp

and paper industry, commonly known as the Pulp and Paper Cluster Rules.

The rule applies to pulp and paper production processes included under

the Standard Industrial Classification (SIC) code 26.

In this action, the EPA is proposing to amend certain regulatory

text in the NESHAP regarding the Voluntary Advanced Technology

Incentives Program. The EPA views the amendments to be noncontroversial

and anticipates no adverse comments. Consequently, the EPA also is

publishing these amendments to the NESHAP as a direct final rule in the

RULES AND REGULATIONS section of today's Federal Register publication.

If no significant, adverse comments regarding the proposed amendments

are received by the date specified in this document, then the EPA will

take no further action with respect to this proposal and the amendments

to the NESHAP will become effective on the date provided in the direct

final rule.

DATES: Comments. The EPA will accept comments regarding these proposed

amendments on or before January 27, 1999. Additionally, a public

hearing regarding the proposed amendments will be held if anyone

requesting to speak contacts the EPA by January 19, 1999. If a hearing

is requested, the hearing will be held on January 27, 1999 beginning at

10:00 a.m., and the record on the hearing will remain open for 30 days

after the hearing date to provide an opportunity for submittal of

rebuttal and additional information. For more information about

submittal of comments and the public hearing, see the SUPPLEMENTARY

INFORMATION section in the notice.

ADDRESSES: Comments. Written comments (in duplicate, if possible)

should be submitted to Docket No. A-92-40 at the following address:

U.S. Environmental Protection Agency, Air and Radiation Docket and

Information Center (MC-6102), 401 M Street, SW, Washington, DC 20460.

The EPA requests that a separate copy of the comments also be sent to

the contact person listed below.

Today's document and other materials related to these proposed

amendments are available for review in the docket. Copies of this

information may be obtained by request from the Air Docket by calling

(202) 260-7548. A reasonable fee may be charged for copying docket

materials.

FOR FURTHER INFORMATION CONTACT: Mr. Steve Silverman, Office of General

Counsel, U.S. Environmental Protection Agency, 401 M Street, SW,

Washington, DC 20460, telephone number (202) 260-7716. For technical

information regarding the NESHAP, contact Mr. Stephen Shedd, Emissions

Standards Division, U.S. Environmental Protection Agency, Research

Triangle Park, NC 27711, telephone number (919) 541-5397 or e-mail at

[email protected].

SUPPLEMENTARY INFORMATION: Regulated entities. Entities potentially

regulated by this action include:

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Category SIC code Examples of regulated entities

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Industry.............. 26 Pulp mills and integrated mills

(mills that manufacture pulp and

paper/paperboard) that chemically

pulp wood fiber.

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This table is not intended to be exhaustive, but rather provides a

guide for readers regarding entities likely to be interested in the

proposed amendments to the regulation affected by this action. This

table lists the types of entities that the EPA is now aware could

potentially be regulated by this action. To determine whether your

facility is regulated by this action, you should carefully examine the

applicability criteria in part 63, subparts A and S of Title 40 of the

Code of Federal Regulations.

Information contacts. If you have questions regarding the

applicability of this action to a particular situation or questions

about compliance approaches, permitting, enforcement, and rule

determinations, please contact the appropriate regional representative

below.

Region I: Greg Roscoe, Chief, Air Pesticides and Toxics Enforcement

Office, Office of Environmental Stewardship, U.S. EPA, Region I, JFK

Federal Building (SEA), Boston, MA 02203, (617) 565-3221. Technical

Contact for Applicability Determination, Susan Lancey, (617) 565-3587,

(617) 565-4940 (Fax).

Region II: Mosey Ghaffari, Air Compliance Branch, U.S. EPA, Region II,

290 Broadway, New York, NY 10007-1866, (212) 637-3925, (212) 637-3998

(Fax).

Region III: Makeba Morris, U.S. EPA, Region III, 3AT10, 1650 Arch

Street, Philadelphia, PA 19103, (215) 814-2187.

Region IV: Lee Page, U.S. EPA, Region IV, Atlanta Federal Center, 100

Alabama Street, Atlanta, GA 30303, (404) 562-9131.

Region V: Christina Prasinos (AE-17J), U.S. EPA, Region V, 77 West

Jackson Street, Chicago, IL 60604-3590, (312) 886-6819, (312) 353-8289

(Fax).

Region VI: Michelle Kelly, Air Enforcement Branch (6EN-AA), U.S. EPA,

Region VI, Suite 1200, 1445 Ross Avenue, Dallas, TX 75202-2733, (214)

665-7580, (214) 665-7446 (Fax).

Region VII: Gary Schlicht, Air Permits and Compliance Branch, U.S. EPA,

Region VII, ARTD/APCO, 726 Minnesota Avenue, Kansas City, KS 66101,

(913) 551-7097.

Region VIII: Tami Thomas-Burton, Air Toxics Coordinator, U.S. EPA,

Region VIII, Suite 500, 999 18th Street, Denver, CO 80202-2466, (303)

312-6581, (303) 312-6064 (Fax).

Region IX: Ken Bigos, U.S. EPA, Region IX, A-5, 75 Hawthorne Street,

San Francisco, CA 94105, (415) 744-1240.

Region X: Andrea Wallenweber, Office of Air Quality, U.S. EPA, Region

X, OAQ-107, 1200 Sixth Avenue, Seattle, WA 98101, (206) 553-8760, (206)

553-0404 (Fax).

Technology Transfer Network. The Technology Transfer Network (TTN)

is a network of the EPA's electronic bulletin boards. The TTN provides

information and technology exchange in various areas of air pollution

control. Information regarding the basis and purpose of this rule and

other relevant documents can be found on the pulp and paper page of the

EPA's Unified Air Toxics website (UATW) at ``www.epa.gov/ttn/uatw/pulp/

pulppg.html''. For more information on the TTN, call the HELP line at

(919) 541-5384.

Public hearing. If a public hearing is requested by the required

date (see DATES section in this notice), the public hearing will be

held at the EPA Office of Administration Auditorium, Research Triangle

Park, NC. Persons interested in presenting oral testimony or inquiring

as to whether a hearing is to be held should contact Ms. JoLynn

Collins, Waste and Chemical Processes Group, Emission Standards

Division (MD-13), U.S. Environmental Protection Agency, Research

Triangle Park, NC, 27711, telephone number (919) 541-5671.

Docket. Docket A-92-40 contains the supporting information for the

original NESHAP and this action. Today's notice and other materials

related to this proposal are available for review in the docket. The

docket is available for public inspection and copying between 8:00 a.m.

and 5:30 p.m., Monday through Friday except for Federal holidays at the

Air and Radiation Docket and Information Center (MC-6102), U.S.

Environmental Protection Agency, 401 M Street, SW, Room M-1500,

Washington, DC 20460. Copies of docket information also may be obtained

by request from the Air Docket by calling (202) 260-7548. A reasonable

fee may be charged for copying docket materials.

I. Description of Proposed Amendments

The EPA is proposing to amend the interim NESHAP for chloroform

emissions from mills which have enrolled in the Voluntary Advanced

Technology Incentives Program (VATIP). In the RULES AND REGULATIONS

section of today's Federal Register, we are promulgating this same

amendment as a direct final rule without prior proposal because the

Agency views this as a noncontroversial revision and anticipates no

adverse comment. The EPA has explained the reasons for making this

amendment in the preamble to the direct final rule, and does not

believe it necessary to repeat that discussion here. If EPA receives

adverse comment, EPA will withdraw the direct final rule and it will

not take effect. EPA will address all public comments in a subsequent

final rule based on this proposed rule. The EPA will not institute a

second comment period on this action. Any parties interested in

commenting must therefore do so at this time.

II. Administrative Requirements

A. Docket

The docket is an organized and complete file of all the information

considered by the EPA in the development of this rulemaking. The docket

is a dynamic file, because material is added throughout the rulemaking

development. The docketing system is intended to allow members of the

public and industries involved to readily identify and locate documents

so that they can effectively participate in the rulemaking process.

Along with the proposed and promulgated standards and their preambles,

the contents of the docket, except for certain interagency documents,

will serve as the record in case of judicial review. See CAA section

307(d)(7)(A).

B. Public Hearing

A public hearing will be held, if requested, to discuss the

proposed amendments in accordance with section 307(d)(5) of the Act. If

a public hearing is held, the EPA will ask clarifying questions during

the oral presentations but will not respond to the presentations or

comments. To provide an opportunity for all who may wish to speak, oral

presentations will be limited to 15 minutes each. Any member of the

public may file a written statement (see DATES and ADDRESSES). Written

statements and supporting information will be considered with

equivalent weight as any oral statement and supporting information

subsequently presented at a public hearing, if held.

C. Paperwork Reduction Act

The information requirements of the previously promulgated NESHAP

were submitted for approval to the Office of Management and Budget

(OMB) on April 27, 1998 under the Paperwork Reduction Act, 44 U.S.C.

3501 et seq. An Information Collection Request (ICR) document has been

prepared by the EPA (ICR No. 1657.03), and a copy may be obtained from

Sandy Farmer, OPPE Regulatory Information Division; U.S. Environmental

Protection Agency (2137); 401 M Street, SW; Washington, DC 20460 or by

calling (202) 260-2740.

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The information requirements are not effective until OMB approves them.

Today's proposed amendments to the NESHAP will have no impact on

the information collection burden estimates made previously. The

changes add a compliance alternative to a particular standard and

therefore does not mandate any new requirements. Consequently, the ICR

has not been revised.

D. Executive Order 12866: ``Significant Regulatory Action''

Determination

Under Executive Order 12866, the EPA must determine whether the

proposed regulatory action is ``significant'' and, therefore, subject

to OMB review and the requirements of the Executive Order. The order

defines a ``significant'' regulatory action as one that is likely to

lead to a rule that may:

(1) Have an annual effect on the economy of $100 million or more or

adversely affect in a material way the economy, a sector of the

economy, public health or safety in State, local, or tribal governments

or communities;

(2) Create a serious inconsistency or otherwise interfere with an

action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements, grants,

user fees, or loan programs, or the rights and obligations of

recipients thereof; or

(4) Raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

the Executive Order.

The NESHAP subpart S rule published on April 15, 1998 was

considered significant under Executive Order 12866, and a regulatory

impact analysis (RIA) was prepared. The amendments proposed today

provide an additional means of achieving an interim MACT standard for

chloroform emissions from bleaching systems at certain mills. The OMB

has evaluated this action and determined it to be nonsignificant; thus,

it did not require OMB review.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements 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

jurisdictions. The EPA determined that it is not necessary to prepare a

regulatory flexibility analysis in connection with this action. These

proposed amendments would not result in increased impacts to small

entities and the proposed changes to the rule in today's action do not

mandate new control requirements to the April 15, 1998 rule.

F. Unfunded Mandates Reform Act

Under section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), the EPA must prepare a budgetary impact

statement to accompany any proposed or final rule that includes a

Federal mandate that may result in estimated costs to State, local, or

tribal governments in the aggregate, or to the private sector, of $100

million or more. Under section 205, the 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 the EPA to establish a plan for informing and advising any

small governments that may be significantly or uniquely impacted by the

rule.

The EPA has determined that the action proposed today does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate or to the private sector. Therefore, the requirements of the

Unfunded Mandates Act do not apply to today's action.

G. Executive Order 12875: Enhancing the Intergovernmental

Partnership

Under Executive Order 12875, the EPA may not issue a regulation

that is not required by statute and that creates a mandate upon a

State, local, or tribal government unless the Federal government

provides the funds necessary to pay the direct compliance costs

incurred by those governments, or the EPA consults with those

governments. If the EPA complies by consulting, Executive Order 12875

requires the EPA to provide to OMB a description of the extent of the

EPA's prior consultation with representatives of affected State, local,

and tribal governments, the nature of their concerns, copies of any

written communications from the governments, and a statement supporting

the need to issue the regulation. In addition, Executive Order 12875

requires the EPA to develop an effective process permitting elected

officials and other representatives of State, local, and tribal

governments ``to provide meaningful and timely input in the development

of regulatory proposals containing significant unfunded mandates.''

While the final rule published on April 15, 1998 does not create

mandates upon State, local, or tribal governments, the EPA involved

State and local governments in its development. Because today's action,

would add a degree of flexibility to the current rule by creating a

different means of achieving an interim MACT standard for chloroform

emissions from bleaching systems at certain mills, today's action does

not create a mandate upon State, local, or tribal governments.

H. Executive Order 13045: Protection of Children from Environmental

Health Risks and Safety Risks

Executive Order 13045 applies to any rule that the EPA determines

(1) is economically significant as defined under Executive Order 12866,

and (2) the environmental health or safety risk addressed by the rule

has a disproportionate effect on children. If the regulatory action

meets both criteria, the EPA must evaluate the environmental health or

safety effects of the planned rule on children and explain why the

planned regulation is preferable to other potentially effective and

reasonably feasible alternatives considered by the EPA.

Today's action is not subject to Executive Order 13045 because it

does not involve decisions on environmental health or safety risks that

may disproportionately affect children.

I. Executive Order 13084: Consultation and Coordination with Indian

Tribal Governments

Under Executive Order 13084, the EPA may not issue a regulation

that is not required by statute, that significantly or uniquely affects

the communities of Indian tribal governments, and that imposes

substantial direct compliance costs on those communities unless the

Federal government provides the funds necessary to pay the direct

compliance costs incurred by the tribal governments, or the EPA

consults with those governments. If the EPA complies by consulting,

Executive Order 13084 requires the EPA to provide to the OMB, in a

separately identified section of the preamble to the rule, a

description of the extent of the EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires the EPA to

develop an effective process permitting elected officials and other

representatives of Indian tribal governments ``to provide meaningful

and timely input in the development of regulatory policies on matters

that

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significantly or uniquely affect their communities.''

Today's action does not significantly or uniquely affect the

communities of Indian tribal governments. The final rule published on

April 15, 1998 does not create mandates upon tribal governments.

Because today's action interprets the requirements of the final rule,

today's action does not create a mandate on tribal governments.

Accordingly, the requirements of section 3(b) of Executive Order 13084

do not apply to this action.

J. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and Advancement

Act (NTTAA) directs all Federal agencies to use voluntary consensus

standards instead of government-unique standards in their 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, business practices) that are developed or adopted by one or

more voluntary consensus standards bodies. Examples of organizations

generally regarded as voluntary consensus standards bodies include the

American Society for Testing and Materials (ASTM), the National Fire

Protection Association (NFPA), and the Society of Automotive Engineers

(SAE). The NTTAA requires Federal agencies like the EPA to provide

Congress, through OMB, with explanations when an agency decides not to

use available and applicable voluntary consensus standards.

The proposed amendments do not involve any new technical standards

or the incorporation by reference of existing technical standards.

Therefore, consideration of voluntary consensus standards is not

relevant to this action.

III. Legal Authority

These regulations are amended under the authority of sections 112,

114, and 301 of the Clean Air Act, as amended (42 U.S.C. sections 7412,

7414, and 7601).

List of Subjects in 40 CFR Part 63

Environmental protection, Administrative practice and procedure,

Air pollution control, Intergovernmental relations.

Dated: December 18, 1998.

Carol M. Browner,

Administrator.

[FR Doc. 98-34307 Filed 12-24-98; 8:45 am]

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