[Federal Register: May 6, 2004 (Volume 69, Number 88)]
[Rules and Regulations]
[Page 25321-25324]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06my04-13]
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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
telander.jeff@epa.gov.
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