[Federal Register: February 18, 2003 (Volume 68, Number 32)]
[Proposed Rules]
[Page 7735-7737]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18fe03-13]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2002-0045; FRL-7446-4]
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: Proposed rule; amendments.
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SUMMARY: The EPA is proposing 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, which were issued on January 12, 2001 under
section 112 of the Clean Air Act. This action proposes to improve
implementation of the emission standards by clarifying and
consolidating monitoring and testing requirements and adding a site-
specific compliance alternative for one pulp mill.
In the Rules and Regulations section of this Federal Register, we
are issuing these amendments as a direct final rule, without prior
proposal, because we view the revisions as noncontroversial and
anticipate no significant adverse comments. We have explained our
reasons for these revisions in the preamble to the direct final rule.
If we receive any significant adverse comment on one or more
distinct amendments in the direct final rule, we will publish a timely
notice of withdrawal in the Federal Register informing the public which
provisions will become effective and which provisions are being
withdrawn due to adverse comment. We will address all public comments
in a subsequent final rule. If no significant adverse comments are
received, no further action will be taken on the proposal, and the
direct final rule will become effective as provided in that action.
The regulatory text for the proposal is identical to that for the
direct final rule published in the Rules and Regulations section of
this Federal Register. For further supplementary information, see the
direct final rule.
DATES: Comments. Written comments must be received by March 20, 2003,
unless a hearing is requested by February 28, 2003. If a hearing is
requested, written comments must be received by April 4, 2003.
Public Hearing. If anyone contacts EPA requesting to speak at a
public hearing by February 28, 2003, a public hearing will be held on
March 4, 2003.
ADDRESSES: Comments. Comments may be submitted electronically, by mail,
or through hand delivery/courier. By mail, comments may be submitted
(in duplicate, if possible) to EPA West (Air Docket), U.S. EPA, Room B-
108 (MD-6102T), 1200 Pennsylvania Avenue, NW, Washington, DC 20460,
Attention Docket ID No. OAR-2002-0045. By hand delivery/courier,
comments may be submitted (in duplicate, if possible) to EPA Docket
Center (Air Docket), U.S. EPA, Room B-108 (MD-6102T), 1301 Constitution
Avenue, NW, Washington, DC 20460, Attention Docket ID No. OAR-2002-
0045.
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Public Hearing. If a public hearing is held, it will be held at the
new EPA facility complex in Research Triangle Park, NC at 10:30 a.m.
Persons interested in presenting oral testimony or inquiring as to
whether a hearing is to be held should contact the person listed below
under FOR FURTHER INFORMATION CONTACT, at least 2 days in advance of
the hearing.
FOR FURTHER INFORMATION CONTACT: Mr. Jeff Telander, Minerals and
Inorganic Chemicals Group, Emission Standards Division (MD-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 address: telander.jeff@epa.gov.
SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities
potentially regulated by this action are 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 under Docket ID No. OAR-2002-0045. The official public
docket is the collection of materials that is available for public
viewing at the EPA Docket Center (Air Docket), EPA West, Room B-108,
1301 Constitution Avenue, NW, Washington, DC 20460. The Docket Center
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 Docket is (202) 566-1742.
Electronic Access. 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 of the contents of the
official public docket, and access those documents in the public docket
that are available electronically. Once in the system, select
``search'' and key in the appropriate docket identification number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as confidential business information (CBI) and
other information whose disclosure is restricted by statute, which are
not included in the official public docket, will not be available for
public viewing in EPA's electronic public docket. The EPA's policy is
that copyrighted material will not be placed in EPA's electronic public
docket but will be available only in printed paper form in the official
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 in this
document.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or on 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 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 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.
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
submitted after the close of the comment period will be marked
``late.'' The 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 electronic mail (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. The
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.
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. Once in the system, select
``search'' and key in Docket ID No. OAR-2002-0045. 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.
Comments may be sent by e-mail to air-and-r-docket@epa.gov,
Attention Docket ID No. OAR-2002-0045. 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
[[Page 7737]]
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.
You may submit comments on a disk or CD ROM that you mail to the
mailing address identified in this document. 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 your comments (in duplicate, if possible) to: EPA
West (Air Docket), U.S. EPA, Room B-108 (MD-6102T), 1200 Pennsylvania
Avenue, NW., Washington, DC 20460, Attention Docket ID No. OAR-2002-
0045.
By Hand Delivery or Courier. Deliver your comments (in duplicate,
if possible) to: EPA Docket Center (Air Docket), U.S. EPA, Room B-108
(MD-6102T), 1301 Constitution Avenue, NW., Washington, DC 20460,
Attention Docket ID No. OAR-2002-0045. Such deliveries are only
accepted during the Docket Center's normal hours of operation as
identified in this document.
By Facsimile. Fax your comments to: (202) 566-1741, Attention
Docket ID OAR-2002-0045.
CBI. Do not submit information that you consider to be CBI through
EPA's electronic public docket or by e-mail. Send or deliver
information identified as CBI only to the following address: Jeff
Telander, c/o OAQPS Document Control Officer (MD-C404-02), U.S. EPA,
Research Triangle Park, NC 27711, Attention Docket ID No. OAR-2002-
0045. 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.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of today's proposal will also be available on the
WWW through EPA's Technology Transfer Network (TTN). Following the
Administrator's signature, a copy of this action will be posted on the
TTN's policy and guidance page for newly proposed rules at http://www.epa.gov/ttn/oarpg.
The TTN provides information and technology
exchange in various areas of air pollution control. If more information
regarding the TTN is needed, call the TTN HELP line at (919) 541-5384.
What Are the Administrative Requirements for This Action?
For information regarding other administrative requirements for
this action, please see the direct final rule action that is located in
the Rules and Regulations section of this Federal Register.
Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.
The RFA 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 organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of today's proposed rule on
small entities, small entity is defined as: (1) A small business that
has fewer than 750 employees for NAICS codes 32211, 32212, and 32213
(pulp, paper, and paperboard mills); (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives which minimize any significant
economic impact of the proposed rule on small entities (5 U.S.C. 603-
604). Thus, an agency may certify that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
effect on the small entities subject to the rule. The amendments in
today's rule make improvements to the emission standards, primarily by
clarifying issues in the areas of testing and monitoring and add a new
compliance option. We have, therefore, concluded that today's proposed
rule will have no adverse impacts on any small entities and may relieve
burden in some cases.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: January 27, 2003.
Christine Todd Whitman,
Administrator.
[FR Doc. 03-3701 Filed 2-14-03; 8:45 am]
BILLING CODE 6560-50-P