[Federal Register: April 12, 2004 (Volume 69, Number 70)]
[Rules and Regulations]
[Page 19106-19110]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ap04-8]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[NC-112L-2004-1-FRL-7646-2]
Approval of Section 112(l) Authority for Hazardous Air
Pollutants; Equivalency by Permit Provisions; National Emission
Standards for Hazardous Air Pollutants From the Pulp and Paper
Industry; State of North Carolina
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On August 26, 2003, the EPA published in the Federal Register
a direct final rule to approve the North Carolina Department of
Environment and Natural Resource's (NC DENR) equivalency by permit
program, pursuant to section 112(l) of the Clean Air Act, 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 and the National Emission Standards for Hazardous
Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda,
Sulfite and Stand-alone Semi-chemical Pulp Mills, for the International
Paper Riegelwood mill in Riegelwood, North Carolina. Today's action is
taken to amend the approval of NC DENR's section 112(l) authority for
hazardous air pollutants, equivalency by permit provisions, in order to
extend its coverage to include the following four mills: International
Paper Roanoke Rapids mill in Roanoke Rapids, North Carolina; Blue Ridge
Paper Products in Canton, North Carolina; Weyerhaeuser New Bern
facility in New Bern, North Carolina; and the Weyerhaeuser Plymouth
facility in Plymouth, North Carolina.
DATES: This direct final rule is effective June 11, 2004 without
further notice, unless EPA receives adverse comment by May 12, 2004. If
adverse comment is received, EPA will publish a timely withdrawal of
this direct final rule in the Federal Register.
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. Please include the text ``Public comment
on proposed rulemaking NC-112L-2004-1'' in the subject line on the
first page of your comment. 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 NC-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 North Carolina Department of Environmental and
Natural Resources, Division of Air Quality, 1641 Mail Service Center,
Raleigh, North Carolina 27699-1641.
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
[[Page 19107]]
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 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.
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 NC-112L-2004-1'' in the subject
line on the first page of your comment. 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 NC-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.
Please include the text ``Public comment on proposed rulemaking NC-
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 to 3:30 excluding federal Holidays.
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 Register citation related to your
comments.
II. Background
On April 15, 1998, the Environmental Protection Agency (EPA)
promulgated the National Emission Standards for
[[Page 19108]]
Hazardous Air Pollutants from the Pulp and Paper Industry (see 63 FR
18504) which was codified in 40 CFR 63, Subpart S, ``National Emission
Standards for Hazardous Air Pollutants from the Pulp and Paper
Industry'' (Pulp and Paper MACT I). Subsequently, on January 12, 2001,
EPA promulgated the National Emission Standard for Hazardous Air
Pollutants from the Pulp and Paper Industry (see 66 FR 3180) which has
been codified in 40 CFR Part 63, Subpart MM, ``National Emission
Standards for Chemical Recovery Combustion Sources at Kraft, Soda,
Sulfite and Stand-alone Semi-chemical Pulp Mills'' (Pulp and Paper MACT
II). There are five pulp and paper mills operating in the State that
are subject to Subpart S and Subpart MM.
On March 4, 2003, North Carolina Department of Environment and
Natural Resources (NC DENR) requested delegation of Subpart S and
Subpart MM under Section 63.94 for the International Paper Riegelwood
Mill. EPA received the request on March 11, 2003. NC DENR requested to
implement and enforce approved alternative title V permit terms and
conditions in place of the otherwise applicable requirements of Subpart
S and Subpart MM under the process outlined in 40 CFR Section 63.94. As
part of its request to implement and enforce alternative terms and
conditions in place of the otherwise applicable Federal section 112
standards, NC DENR also requested approval of its demonstration that NC
DENR has adequate authorities and resources to implement and enforce
all Clean Air Act (CAA) section 112 programs and rules.
On August 26, 2003, the EPA published in the Federal Register a
direct final rule to approve the NC DENR equivalency by permit program,
pursuant to Section 112(l) of the Clean Air Act, to implement and
enforce State permit terms and conditions that substitute for Subpart S
and Subpart MM, for the International Paper Riegelwood Mill in
Riegelwood, North Carolina.
On February 6, 2004, NC DENR requested that EPA amend the list of
approved facilities to implement and enforce approved alternative title
V permit terms and conditions in place of the otherwise applicable
requirements of Subpart S and Subpart MM to include the International
Paper Roanoke Rapids mill in Roanoke Rapids, North Carolina; Blue Ridge
Paper Products in Canton, North Carolina; Weyerhaeuser New Bern
facility in New Bern, North Carolina; and the Weyerhaeuser Plymouth
facility in Plymouth, North Carolina. EPA received this request on
February 12, 2004.
III. Analysis of State's Submittal
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'' of the state EBP
program. The second step (see 40 CFR 63.94(c) and (d)) is EPA review
and approval of the state alternative section 112 requirements in the
form of pre-draft permit terms and conditions. The third step (see 40
CFR 63.94(e)) is incorporation of the approved pre-draft permit terms
and conditions into a specific title V permit and the title V permit
issuance process itself. The final approval of the state alternative
requirements that substitute for the Federal standard does not occur
for purposes of the Act, Section 112(l)(5), until the completion of
step three.
The purpose of step one, the ``up-front approval'' of the EBP
program, is three fold: (1) It ensures that NC DENR meets the 63.91(b)
criteria for up-front approval common to all approval options; (2) it
provides a legal foundation for NC DENR 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 NC DENR will be accepting
delegation under the EBP option.
Under Sec. Sec. 63.94(b) and 63.91, NC's request for EBP program
approval was 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, as well as a one time
demonstration that the State has an approved title V operating permit
program that permits the affected sources. There are no limitations on
the number of sources in a source category for which the State can seek
authority to implement and enforce alternative requirements.
IV. Final Action
After reviewing the request to expand the coverage of NC DENR's EBP
program for Subpart S and Subpart MM, EPA has determined that this
request meets all the requirements necessary to qualify for approval
under CAA section 112(l) and 40 CFR 63.91 and 63.94. Accordingly, EPA
approves NC DENR's request to implement and enforce alternative
requirements in the form of title V permit terms and conditions for the
International Paper Roanoke Rapids mill, Blue Ridge Paper Products,
Weyerhaeuser New Bern, and the Weyerhaeuser Plymouth mill for Subpart S
and Subpart MM. This action is contingent upon NC DENR including, in
title V permits, terms and conditions that are no less stringent than
the Federal standard. In addition, the requirement applicable to the
sources and the ``applicable requirement'' for title V purposes remains
the Federal section 112 requirement until EPA has approved the
alternative permit terms and conditions and the final title V permit is
issued.
The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
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 adverse comments be filed. This rule will be
effective June 11, 2004 without further notice unless the Agency
receives adverse comments by May 12, 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 June 11, 2004 and no
further action will be taken on the proposed rule. Please note that if
we receive adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule,
[[Page 19109]]
we may adopt as final those provisions of the rule that are not the
subject of an adverse comment.
V. 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
North Carolina 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 June 11, 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
Administrative practice and procedure, Air pollution control,
Hazardous substances, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: April 2, 2004.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
0
Title 40, chapter I, part 63 of the Code of Federal Regulations is
amended as follows:
[[Page 19110]]
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 revising the paragraph (a)(33)(ii) to read
as follows:
Sec. 63.99 Delegated Federal authorities.
(a) * * *
(33) * * *
(ii) North Carolina Department of Environment and Natural Resources
(NC DENR) may implement and enforce alternative requirements in the
form of title V permit terms and conditions for International Paper
Riegelwood mill, Riegelwood, North Carolina; International Paper
Roanoke Rapids mill, Roanoke Rapids, North Carolina; Blue Ridge Paper
Products, Canton, North Carolina; Weyerhaeuser New Bern facility, New
Bern, North Carolina; and Weyerhaeuser Plymouth facility, Plymouth,
North Carolina, for Subpart S of this Part--National Emission Standards
for Hazardous Air Pollutants from the Pulp and Paper Industry and
Subpart MM of this Part--National Emissions Standards for Hazardous Air
Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda,
Sulfite and Stand-alone Semi-chemical Pulp Mills. This action is
contingent upon NC DENR including, in title V permits, terms and
conditions that are no less stringent than the Federal standard. In
addition, the requirements applicable to the sources remain the Federal
section 112 requirements until EPA has approved the alternative permit
terms and conditions and the final title V permit is issued.
* * * * *
[FR Doc. 04-8222 Filed 4-9-04; 8:45 am]
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