[Federal Register: July 12, 2004 (Volume 69, Number 132)]
[Rules and Regulations]
[Page 41757-41761]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jy04-5]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 page.lee@epa.gov.
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
page.lee@epa.gov. 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]
BILLING CODE 6560-50-P