[Federal Register: April 13, 2004 (Volume 69, Number 71)]
[Rules and Regulations]
[Page 19733-19742]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ap04-20]
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Part IV
Environmental Protection Agency
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40 CFR Part 63
Site-Specific Rulemaking for Packaging Corporation of America's Pulp
and Paper Mill Located in Tomahawk, WI, in Pursuant to the Joint State/
EPA Agreement To Pursue Regulatory Innovation; Direct Final Rule and
Proposed Rule
[[Page 19734]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[FRL-7646-6]
RIN 2090-AA33
Site-Specific Rulemaking for Packaging Corporation of America's
Pulp and Paper Mill Located in Tomahawk, WI, Pursuant to the Joint
State/EPA Agreement To Pursue Regulatory Innovation
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The U.S. Environmental Protection Agency (EPA or the Agency)
is taking direct final action to approve revisions to the National
Emissions Standards for Hazardous Air Pollutants from the Pulp and
Paper Industry (Pulp and Paper Industry NESHAP). Collectively, these
revisions comprise a site-specific rule to control Hazardous Air
Pollutants (HAPs) applicable only to the semi-chemical pulp and paper
mill currently owned and operated by Packaging Corporation of America
(PCA) in Tomahawk, Wisconsin (the Tomahawk Mill). EPA is adopting these
revisions pursuant to the Clean Air Act (CAA) and the Joint State/EPA
Agreement to Pursue Regulatory Innovation (Innovations Agreement).
The Pulp and Paper Industry NESHAP currently requires semi-chemical
pulp and paper mills to control the HAP emissions from the air stack
for the collection of equipment comprising the Low Volume High
Concentration (LVHC) system. Neither the Pulp and Paper Industry
NESHAP, nor any other Federal or State regulation, requires such mills
to control HAPs that may be contained in the liquid condensates from
the LVHC system. This site-specific rule allows PCA's Tomahawk Mill to
control the HAPs generated in the LVHC system by condensing them into a
liquid and treating them via anaerobic biodegradation in the facility's
wastewater treatment system. In other words, the site-specific rule
allows PCA's Tomahawk Mill to control the HAPs generated in the LVHC
system from an emission point and with a technology not addressed by
the Pulp and Paper Industry NESHAP.
As a result, PCA will maintain compliance with the CAA and achieve
a reduction in HAPs emitted to the environment significantly superior
to that which would have been achieved through compliance with the
control methodology currently prescribed by the Pulp and Paper Industry
NESHAP. Additionally, the revisions are consistent with the Innovations
Agreement by allowing PCA's Tomahawk Mill to achieve superior
environmental performance through regulatory flexibility.
DATES: This direct final rule will be effective on June 14, 2004
without further notice, unless EPA receives adverse comments by May 13,
2004. If EPA receives adverse comments, the Agency will publish a
timely withdrawal in the Federal Register informing the public that
this rule will not take effect.
ADDRESSES: Comments may be submitted by mail by sending two (2) copies
of your comments to the Air and Radiation Docket and Information
Center, Environmental Protection Agency, Mailcode: 6102T, 1200
Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID No.
OAR-2003-0205. Comments may also be submitted electronically, or
through hand delivery/courier, following the detailed instructions as
provided in the proposed rule action with the same title located in the
``Proposed Rules'' section of today's Federal Register.
FOR FURTHER INFORMATION CONTACT: Ms. Eileen L. Furey or Mr. Eaton R.
Weiler at U.S. EPA, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604. Ms. Furey or Mr. Weiler can be reached at (312) 886-
7950 or (312) 886-6041, respectively (or by e-mail at:
furey.eileen@epa.gov or weiler.eaton@epa.gov).
SUPPLEMENTARY INFORMATION:
Regulated Entities
This site-specific revision to the Pulp and Paper Industry NESHAP,
which governs the emission of HAPs from the pulp and paper industry,
applies only to a single source, PCA's Tomahawk, Wisconsin pulp and
paper mill.
Direct Final Rule
EPA is issuing these revisions as a direct final rule, without
prior proposal, because we consider the revisions to be
noncontroversial and anticipate no significant adverse comments.
Additionally, EPA is aware that most persons with an interest in this
proposed rule have already been afforded at least two opportunities to
comment on its merits. In April 2003, and again in September 2003, PCA
sponsored public meetings regarding the project that is described at
length in today's rule. EPA believes that PCA made every reasonable
effort to invite all potential stakeholders to those public meetings.
Nevertheless, in the ``Proposed Rules'' section of this Federal
Register, EPA is publishing a separate document with the same title
that will serve as the proposal to amend the Pulp and Paper Industry
NESHAP if significant adverse comments are filed.
If we receive any significant adverse comments, we will publish a
timely withdrawal in the Federal Register informing the public that
this direct final rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this direct final rule. Any
parties interested in commenting must do so at this time.
Docket
EPA has established an official public docket for this action under
Docket ID No. OAR-2003-0205. The official public docket 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 docket does not include Confidential
Business Information (CBI) or other information statutorily restricted
from disclosure. The official public docket is the collection of
materials that is available for public viewing at the Air and Radiation
Docket and Information Center in the EPA Docket Center (EPA/DC), EPA
West, Room B102, 1301 Constitution Ave., 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 Reading Room is (202) 566-1744, and the telephone number for
the Air and Radiation 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/.
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 listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket identification number.
[[Page 19735]]
Outline of Today's Document
The information presented in this preamble is arranged as follows:
I. Authority
II. Background
A. Background of the Pulp and Paper Industry NESHAP
1. Background of the Pulp and Paper Industry NESHAP Generally
2. The Requirements of the Pulp and Paper Industry NESHAP as
Applied to PCA's Tomahawk Mill
B. Overview of the Regulatory Innovation Agreements
1. The Joint State/EPA Agreement To Pursue Regulatory Innovation
(Innovations Agreement)
2. The WDNR/EPA Memorandum of Agreement
3. The WDNR/PCA Environmental Cooperative Agreement
III. The Site-Specific Rule
A. Rationale and Background of the Site-Specific Rule
B. Environmental Benefit of the Site-Specific Rule
C. Overview of the Site-Specific Rule
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Executive Order 12998: Civil Justice Reform
L. Congressional Review Act
I. Authority
EPA issues this regulation under the authority provided by sections
112 and 301(a)(1) of the CAA, 42 U.S.C. 7412 and 7601(a)(1). EPA has
determined that this rulemaking is subject to the provisions of section
307(d) of the CAA, 42 U.S.C. 7607(d).
II. Background
A. Background of the Pulp and Paper Industry NESHAP
1. Background of the Pulp and Paper Industry NESHAP Generally
Section 112 of the CAA, 42 U.S.C. 7412 et seq., requires EPA first
to identify, by industrial category or subcategory, ``major sources''
of HAPs, and then to promulgate regulations to control HAPs emitted by
such sources. ``Major sources'' are those that emit (or have the
potential to emit) at least 10 tons per year of any single HAP (e.g.
methanol), or 25 tons per year of any combination of HAPs.
Additionally, section 112 specifies that EPA's regulations promulgated
thereunder must require major sources of HAPs to attain the maximum
achievable reduction in HAP emissions, taking into consideration cost,
non-air quality health and environmental impacts, and energy
requirements. In essence, regulations promulgated pursuant to section
112 must ensure that all regulated HAP sources achieve the level of
control that is already being achieved by the lower (12% lowest)
emitting sources in each industrial category or subcategory. See 42
U.S.C. 7412(d)(3). This approach provides assurance to U.S. citizens
that regulated sources will employ good control measures to limit their
HAP emissions.
EPA identified the pulp and paper industry as a major source
requiring regulation under section 112 of the CAA. Accordingly, on
April 15, 1998, EPA promulgated the Pulp and Paper Industry NESHAP (See
63 FR 18503). The Pulp and Paper Industry NESHAP, 40 CFR 63.440 through
63.459, subcategorized the pulp and paper industry according to seven
different pulping processes (kraft, sulfite, semi-chemical, soda,
mechanical wood pulping, secondary fiber pulping, or non-wood pulping),
and established different emissions standards for each such process.
For a thorough and detailed discussion on the background, development,
and promulgation of the Pulp and Paper Industry NESHAP, the reader is
referred to the following Web site: http://www.epa.gov/ttn/atw/pulp/pulppg.html.
The website contains links to all relevant Federal
Register notices, background documents, enabling documents, fact
sheets, and rule summary documents.
2. The Requirements of the Pulp and Paper Industry NESHAP as Applied to
PCA's Tomahawk Mill
PCA uses a sodium carbonate semi-chemical process to produce
unbleached corrugating medium at the Tomahawk Mill. In order to prevent
pollution of the air by HAPs generated during semi-chemical pulping
processes, the Pulp and Paper Industry NESHAP requires the collection
and control of HAP emissions from a collection of equipment systems.
This collection of equipment systems (which includes the digester and
evaporator systems) is referred to in the Pulp and Paper Industry
NESHAP as the LVHC system. Semi-chemical mills must enclose the
numerous equipment systems comprising the LVHC system, and route the
HAP-containing air emissions through a closed-vent system to a control
device. The positive pressure portions of the closed vent system must
be designed and operated with no detectable leaks. Regulated mills may
choose among four control device options for destroying the collected
HAPs. The control device must: (1) Reduce the total HAP emissions by 98
percent or more by weight; (2) reduce total HAP concentration at the
outlet of the thermal oxidizer to 20 parts per million or less by
volume, corrected to 10 percent oxygen on a dry basis; (3) reduce total
HAP emissions using a thermal oxidizer designed and operated at a
minimum temperature of 871 degrees Centigrade and a minimum residence
time of 0.75 seconds; or (4) reduce the total HAP emissions using a
boiler, lime kiln, or recovery furnace by introducing the HAP emission
stream with the primary fuel or into the flame zone. See 40 CFR
63.443(d). Neither the Pulp and Paper Industry NESHAP, nor any other
federal or state regulation, requires semi-chemical pulp and paper
mills to control the HAPs that may be contained in the liquid
condensates generated in the LVHC system (``pulping process
condensates'').
B. Overview of the Regulatory Innovation Agreements
1. The Joint State/EPA Agreement To Pursue Regulatory Innovation
(Innovations Agreement)
EPA announced the Innovations Agreement on May 5, 1998 (63 FR
24874). Through this agreement, EPA and senior State environmental
officials jointly committed to encouraging new and innovative
approaches to improvement of the nation's environment. The parties to
the Innovations Agreement agreed that the following seven principles
would guide the process of developing, testing and implementing
regulatory innovations: experimentation; environmental performance;
smarter approaches; stakeholder involvement; measuring and verifying
results; accountability/enforcement; and State-EPA partnership. The
Innovations Agreement encouraged ``prudent risk taking'' as a necessary
component of the effort to continue the nation's progress towards
protection of human health and the environment.
The Innovations Agreement established a process by which the States
would develop innovation
[[Page 19736]]
proposals and obtain prompt review and acceptance or rejection by EPA.
The success of any innovation project would be measured by its
environmental impact, improved efficiency, or other relevant indicator
of superior performance.
2. The WDNR/EPA Memorandum of Agreement
To carry out the purposes of the Innovations Agreement, on March
25, 1999 the Wisconsin Department of Natural Resources (WDNR) and
Region 5 EPA entered into a Memorandum of Agreement (MOA). The MOA
recognized that the Wisconsin legislature had established an
Environmental Cooperation Pilot Program, which provided WDNR the
statutory authority to develop up to ten pilot projects with companies
willing to test alternative approaches to traditional command and
control regulations. (Wis. Stat. Sec. 299.80). Many of the goals of the
Wisconsin pilot program were similar to those articulated in the
Innovations Agreement. The Wisconsin pilot program required any
participating company to enter into an environmental cooperative
agreement with WDNR. In return for operational flexibility and
variances from applicable state regulations, participating pilot
companies agreed to achieve environmental performance superior to that
which would be achieved through compliance with existing regulations.
Participating companies further agreed to establish environmental
management systems at their facilities to ensure regular auditing and
reporting of environmental performance and compliance.
WDNR and Region 5 recognized in the MOA that EPA would not be a
party to these state-company agreements, but provided that when Federal
involvement was needed or helpful, Region 5 would promptly identify
and, when appropriate, take the necessary federal steps to implement a
pilot project. WDNR and EPA agreed that when a project undertaken
pursuant to a Wisconsin environmental cooperative agreement required a
change in the regulatory requirements of a federally authorized or
delegated program, the agencies would follow applicable Federal
procedures for the necessary rule or program changes. The agencies
specifically intended that any such changes would be federally
enforceable.
3. The WDNR/PCA Environmental Cooperative Agreement
As explained at greater length below, when PCA began to investigate
what changes would be necessary at its Tomahawk Mill to comply with the
then recently-enacted Pulp and Paper Industry NESHAP, the company
discovered that, due to its unique process configuration, the vast
majority of HAPs generated in the LVHC system partition to the pulping
process condensates. PCA used these condensates as process water in
other facility operations, which allowed the HAPs in the condensates to
be emitted to the air. Recognizing the opportunity to destroy a far
greater quantity of HAPs by treating the condensates instead of the
LVHC air stack emissions, PCA proposed an environmental pilot project
to WDNR. In lieu of treatment of the LVHC air stack emissions via
thermal destruction (as contemplated by the Pulp and Paper Industry
NESHAP), PCA proposed to treat the condensed HAPs via biodegradation in
the Tomahawk Mill's anaerobic wastewater treatment system.
WDNR concurred with PCA's conclusions about the environmental
benefits of the proposed project and, on August 27, 1999, submitted
PCA's proposal to Region 5 as one appropriate for evaluation under the
terms of the MOA. EPA's Office of Air Quality Planning and Standards
(OAQPS) thereafter requested PCA to conduct a full-scale study of the
ability of its anaerobic wastewater treatment system to achieve a level
of HAP destruction superior to that which would be achieved through
compliance with the Pulp and Paper Industry NESHAP. The full-scale
treatability study successfully established that PCA's anaerobic system
could: (1) Destroy the same HAPs as are required to be controlled under
the Pulp and Paper Industry NESHAP; and (2) destroy a significantly
greater quantity of those HAPs than would be destroyed through
compliance with the Pulp and Paper NESHAP. In June 2001, OAQPS and
Region 5 approved PCA's innovation project as one appropriate to
pursue.
On September 10, 2002, pursuant to the Wisconsin Environmental
Cooperation Pilot Program, and with Region 5 EPA's support under the
MOA, WDNR and PCA entered into an Environmental Cooperative Agreement
(WDNR/PCA Agreement). The WDNR/PCA Agreement required PCA's Tomahawk
Mill to achieve approximately double the destruction of HAPs over what
would be achieved through compliance with 40 CFR 63.443(c) and(d) (as
explained below, EPA actually believes the facility will achieve a
greater than five-fold increase in HAP destruction over what would have
been achieved through compliance with the Pulp and Paper Industry
NESHAP.) In lieu of controlling the HAPs from the LVHC system at the
LVHC air stack, the WDNR/PCA Agreement allowed PCA to route the LVHC
air emissions at its Tomahawk Mill through a series of indirect contact
condensers and hardpipe the resulting pulping process condensates to an
anaerobic digester for biodegradation. Additionally, the WDNR/PCA
Agreement required PCA to conduct a second full-scale performance test
of its wastewater treatment system in order to identify and develop
enforceable operating parameters and a monitoring plan, acceptable to
EPA, that would ensure continuous compliance with the more stringent
level of HAP destruction. Finally, the WDNR/PCA Agreement identified
certain provisions of the Pulp and Paper Industry NESHAP with which
PCA's Tomahawk Mill would be required to comply regardless of, or
because of, its use of an alternative treatment technology. See 68 FR
7706, 7707-7708 (February 18, 2003), where EPA adopted a similar
amendment to the Pulp and Paper NESHAP.
Pursuant to the WDNR/PCA Agreement, during October of 2002, PCA
performed the second full-scale performance test of the Tomahawk Mill's
anaerobic wastewater treatment system. The test further verified that
PCA's anaerobic wastewater treatment system was capable of achieving a
more stringent level of HAP destruction than would be accomplished
through compliance with the Pulp and Paper Industry NESHAP.
Importantly, through the test results, PCA, EPA and WDNR identified
enforceable operating parameters, and also developed a monitoring plan
that ensures continuous achievement of the more stringent level of HAP
destruction.
The WDNR/PCA Agreement specified that in the event a site-specific
rule for PCA's Tomahawk Mill was not finalized, the WDNR/PCA Agreement
would terminate. EPA agreed to take no enforcement action against PCA
for violations of the requirements of 40 CFR 63.443(c) and (d) at the
Tomahawk facility until EPA either revised the Pulp and Paper Industry
NESHAP to include a Federal site-specific rule for PCA's Tomahawk Mill,
or notified the company that EPA had decided that a site-specific rule
was inappropriate, improper or inadequate. Finally, the WDNR/PCA
Agreement specified that, provided certain conditions were satisfied
and subject to the approval of U.S. EPA and WDNR, PCA's rights and
obligations under the agreement could be transferred to any subsequent
owner of the Tomahawk Mill. Among other things, a transferee would be
obligated
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to demonstrate that it had the financial and technical capability to
assume the obligations of the WDNR/PCA Agreement.
For a copy of the WDNR/PCA Agreement, and associated fact sheets
and public notices, the reader is referred to the following Web site:
http://www.dnr.state.wi.us/org/caer/cea/ecpp/agreements/pca/.
III. The Site-Specific Rule
A. Rationale and Background of the Site-Specific Rule
Existing semi-chemical mills subject to the Pulp and Paper Industry
NESHAP, including PCA's Tomahawk Mill, were required to comply with the
applicable provisions of the Pulp and Paper Industry NESHAP by April
16, 2001. In 1999, while preparing to comply with the Pulp and Paper
Industry NESHAP at its Tomahawk Mill, PCA recognized that to properly
design and operate a Pulp and Paper Industry NESHAP-compliant
incineration control device, it needed to condition the air emissions
from the digester system. Accordingly, PCA installed two in-series
indirect contact condensers following the digester system, which
conditioned the air emissions by reducing the moisture content.
Before designing the incineration control device, PCA next sought
to characterize (for HAP content, flow rate, moisture content, etc.)
the air emissions from the two new indirect contact condensers. PCA's
testing surprisingly revealed that the HAP content in the LVHC air
emissions was far less than the company had expected. The air emissions
from the digester system at the Tomahawk Mill contained approximately
0.4 pounds of HAPs, as methanol, per Oven Dried Ton of Pulp (ODTP).
Background studies for the Pulp and Paper Industry NESHAP had led PCA
to believe that these air emissions would contain greater than two
pounds of HAPs, as methanol, per ODTP.
PCA then undertook a study to determine why the HAP content of the
digester system's air emissions was far less than expected. PCA
determined that, because of the unique process configuration at its
Tomahawk Mill, the vast majority of the HAPs contained in the air
emissions from the digester system partitioned to the condensate stream
produced by the indirect contact condensers. Under the Pulp and Paper
Industry NESHAP (or any other Federal or State regulation), the
Tomahawk Mill is not required to treat any pulping process condensates
and, at that time, the Tomahawk Mill mixed the pulping process
condensates with other reuse water streams and routed them to other
uncontrolled production processes at the mill. Testing conducted by PCA
revealed that the condensates from the two indirect contact condensers
following the digester system contained approximately 2.5 pounds of
HAPs per ODTP--in other words, approximately six times the quantity of
HAPS, as methanol, that could potentially be treated as LVHC air
emissions, as currently prescribed by the Pulp and Paper Industry
NESHAP.
EPA, WDNR, and PCA concluded that the destruction of HAPs contained
in the pulping process condensates from the Tomahawk Mill's LVHC
system-- rather than destruction of HAPs contained in the air stack
emissions from the LVHC system--would result in greater overall
reduction of HAPs emitted to the environment. EPA, WDNR, and PCA
further reasoned that PCA's Tomahawk Mill would be able to treat the
HAPs contained in the pulping process condensates by hardpiping them to
the basins of PCA Tomahawk's state-of-the-art wastewater treatment
plant for anaerobic biodegradation. Such alternative treatment would
yield significant cost savings to PCA, since the company would not need
to design and install an incinerator to control the HAPs contained in
the air emissions from the LVHC system at the Tomahawk Mill.
EPA then authorized PCA to proceed to implement the project for the
entire LVHC system (as opposed to just the digester system), and
requested PCA to conduct full scale testing upon completion of the
project. PCA proceeded thereafter to install a third indirect contact
condenser, and collect and route the HAP-containing air emissions from
the entire LVHC system through the third indirect contact condenser.
B. Environmental Benefit of the Site-Specific Rule
PCA's subsequent full-scale testing demonstrated that, with the
installation of the third indirect contact condenser, approximately 85
percent of the HAPs in the entire LVHC system partition to the pulping
process condensates. While the air emissions from the entire LVHC
system contain approximately 0.6 pounds of HAPs per ODTP, the pulping
process condensates contain approximately 3.0 pounds of HAPs per ODTP.
Full-scale testing at PCA's Tomahawk Mill further verified that between
96 and 100 percent of the HAPs contained in the pulping process
condensates and hardpiped to the wastewater treatment plant are
destroyed by anaerobic biodegradation.\1\
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\1\ For purposes of calculating a HAP destruction efficiency,
EPA required PCA to assume that the concentration of HAPs in the
wastewater treatment plant effluent was equal to the detection limit
concentration. Use of the detection limit concentration result in a
96 percent HAP destruction efficiency calculation. No HAPs were
actually detected in the wastewater treatment plant effluent,
potentially signifying a 100% destruction efficiency.
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The maximum quantity of HAPs available for destruction at PCA's
Tomahawk Mill through compliance with 40 CFR 63.443(d) is approximately
0.6 pounds of HAP per ODTP. The Pulp and Paper Industry NESHAP requires
that 98 percent of the approximately 0.6 pounds (i.e. 0.59 pounds HAPs/
ODTP) be destroyed. As indicated above, by hardpiping the pulping
process condensates to the anaerobic basins of the wastewater treatment
plant, approximately 3.0 pounds of HAPs per ODTP are available for
destruction and, in actuality, more than 96 percent of the
approximately 3.0 pounds (i.e. at least 2.9 pounds/ODTP) are destroyed.
In short, by condensing the HAPs from the entire LVHC system and
routing them to the anaerobic wastewater treatment system for
treatment, PCA is able to destroy approximately five times the mass of
HAPs that it would otherwise destroy through compliance with the Pulp
and Paper Industry NESHAP.
C. Overview of the Site-Specific Rule
EPA's rule allows PCA, in lieu of controlling HAPs in the Tomahawk
Mill's LVHC air stack emissions, to control the HAPs partitioning from
those air emissions to the pulping process condensates. More
particularly, EPA's rule allows PCA to: (1) Install a closed-vent
system to collect the HAP-containing air emissions from the LVHC
system; (2) route the emissions through a series of indirect contact
condensers; and (3) hardpipe the resulting pulping process condensates
to the anaerobic basins of the facility's wastewater treatment plant.
The anaerobic basins of the wastewater treatment plant must achieve a
destruction efficiency of at least 1.0 pound of HAPs per ODTP by
anaerobic biodegradation, i.e. approximately twice the quantity of what
would have been achieved by the facility under the current Pulp and
Paper Industry NESHAP. EPA and PCA actually anticipate that the HAP
destruction in the wastewater treatment plant anaerobic basins will
significantly exceed the 1.0 pound per ODTP requirement. As stated
above, the average HAP destruction efficiency of the wastewater
treatment system is approximately 3.0 pounds per ODTP.
[[Page 19738]]
To allow PCA to achieve this superior environmental performance and
remain in compliance with the CAA, EPA is promulgating limited
revisions to the Pulp and Paper Industry NESHAP, Subpart S, 40 CFR
63.440 though 63.459. The revisions collectively comprise a site-
specific rule applicable only to PCA's Tomahawk Mill. Under the site-
specific rule, PCA's Tomahawk Mill may comply with either the otherwise
applicable control technology requirements of the Pulp and Paper
Industry NESHAP, or the control technology requirements of the site-
specific rule.
Like the otherwise applicable provisions of the Pulp and Paper
Industry NESHAP, the site-specific rule requires PCA's Tomahawk Mill to
enclose the LVHC system and vent the air emissions to a closed-vent
system. The standards and monitoring requirements for the enclosures
and closed-vent system included in the rule are equivalent (except for
formatting and reference changes) to the otherwise applicable Pulp and
Paper Industry NESHAP requirements.
The site-specific rule allows PCA's Tomahawk Mill to use an
alternative treatment technology to control the HAPs collected in the
closed-vent system. The rule allows PCA to treat its HAPs at an
emission point not addressed by the Pulp and Paper Industry NESHAP. PCA
may route the collected air emissions through a series of indirect
contact condensers and hardpipe the resulting pulping process
condensates in a closed collection system to the wastewater treatment
plant for anaerobic biodegradation. The standards and monitoring
requirements for the closed collection system are equivalent (except
for formatting and reference changes) to those required by the Pulp and
Paper Industry NESHAP for kraft mills (which must collect and treat
pulping process condensates).
The site-specific rule establishes a minimum destruction efficiency
standard of 1.0 pound of HAPs per ODTP, and further requires PCA to
monitor, and maintain within specified limits, several operating
parameters to ensure continuous compliance with the HAP destruction
efficiency standard. PCA must conduct quarterly performance testing of
the anaerobic wastewater treatment system to verify compliance with the
minimum HAP destruction efficiency standard. Finally, PCA's Tomahawk
Mill must continue to comply with all applicable recordkeeping and
reporting requirements of the general provisions at subpart A, 40 CFR
63.10.
Under the site-specific rule (and analogous to the excess emission
allowance of 40 CFR 63.443(e)(1)), PCA's Tomahawk Mill will be deemed
in compliance with the Pulp and Paper Industry NESHAP so long as it
complies with all applicable provisions, including the requirement that
it achieve the established destruction efficiency standard, no less
than 99 percent of the operating time.
IV. Statutory and Executive Order Reviews.
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735), the Agency must
determine whether this regulatory action is ``significant'' and
therefore subject to formal review by the Office of Management and
Budget (OMB) and to the requirements of the Executive Order, which
include assessing the costs and benefits anticipated as a result of
this regulatory action. The Order defines ``significant regulatory''
action as one that is likely to result in 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,
productivity, competition, jobs, the environment, public health or
safety, or 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.
Because this rule affects only one facility, it is not a rule of
general applicability. EPA has determined that this rule is not a
``significant regulatory action'' under the terms of Executive Order
12866 and is therefore not subject to OMB review.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.,
since it applies to only one facility. It is exempt from OMB review
under the Paperwork Reduction Act because it is a site-specific rule,
directed to fewer than ten persons. 44 U.S.C. 3502(3), (10); 5 CFR
1320.3(c), 1320.4 and 1320.5.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. 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 public 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 subject of this
site-specific rulemaking, PCA, is not a small business. This rule does
not apply to small businesses, small not-for-profit enterprises, or
small governmental jurisdictions. Further, it is a site-specific rule
with limited applicability to only one pulp and paper mill in the
nation. After considering the economic impacts of today's final rule on
small entities, I certify that this rule will not have a significant
economic impact on a substantial number of small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including cost benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and Tribal governments in
the aggregate, or by the private sector, of $100 million or
[[Page 19739]]
more in any one year. Before promulgating an EPA rule for which a
written statement is needed, section 205 of the UMRA generally requires
EPA to identify and consider a reasonable number of regulatory
alternatives and adopt the least costly, most cost-effective or least
burdensome alternative that achieves the objectives of the rule. The
provisions of section 205 do not apply when they are inconsistent with
applicable law. Moreover section 205 allows EPA to adopt an alternative
other than the least costly, most cost-effective or least burdensome
alternative if the Administrator publishes with the final rule an
explanation of why that alternative was not adopted. Before EPA
establishes any regulatory requirements that may significantly or
uniquely affect small governments, including Tribal governments, it
must have developed under section 203 of the UMRA a small government
agency plan. The plan must provide for notifying affected small
governments, enabling officials of affected small governments to have
meaningful and timely input in the development of the EPA regulatory
proposal with significant Federal mandates, and informing, educating,
and advising small governments on compliance with the regulatory
requirements. As used here, ``small government'' has the same meaning
as that contained under 5 U.S.C. 601(5), that is, governments of
cities, counties, towns, townships, villages, school districts, or
special districts, with a population of less than fifty thousand.
As discussed above, this rule will have limited application. It
applies only to the PCA's pulp and paper mill located in Tomahawk,
Wisconsin. This site-specific rule does not impose any additional costs
on PCA's Tomahawk Mill. EPA has determined that this site-specific rule
does not contain a Federal mandate that may result in expenditures by
State, local, or Tribal governments, in the aggregate, or by the
private sector of $100 million or more in any one year. Thus, this rule
is not subject to the requirements of section 202 and 205 of the UMRA.
EPA has also determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
The phrase, ``Policies that have federalism implications'' is defined
in the Executive Order to include regulations that 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.''
To the extent that this rule gives rise to federalism concerns,
they have been addressed via EPA's direct consultation with Wisconsin,
the affected State. As noted above, this rule was developed pursuant to
the State-sponsored WDNR/PCA Agreement and the MOA between WDNR and
Region 5 EPA.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop a process that is accountable to ensure
``meaningful and timely input by Tribal officials in the development of
regulatory policies that have Tribal implications.'' ``Policies that
have Tribal implications'' is defined in the Executive Order to include
regulations that have ``substantial direct effects on one or more
Indian tribes, on the relationship between the Federal government and
the Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes.''
This rule does not have Tribal implications. It will not have
substantial direct effects on Tribal governments, 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 in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies
to any rule that: (1) Is determined to be ``economically significant,''
as defined in Executive Order 12886; and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children and explain why the
planned regulation is preferable to potentially effective and feasible
alternatives considered by the Agency.
This rule is not subject to the Executive Order because it is not
economically significant as defined in Executive Order 12866, and
because the Agency believes the environmental health or safety risks
addressed by this action do not present a disproportionate risk to
children. This rule will require PCA to achieve a greater reduction of
HAPs emitted to the environment by allowing it to use an alternative
treatment technology not currently allowed by the existing the Pulp and
Paper Industry NESHAP. Therefore, no additional risk to public health,
including children's health, is expected to result from this action.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. It will
not result in increased energy prices, increased cost of energy
distribution, or an increased dependence on foreign supplies of energy.
I. National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Pub. L. 104-113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its
regulatory activities unless such practice is inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (for example, material specifications, test
methods, sampling procedures, and business practices) developed or
adopted by voluntary consensus standard 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
rule uses all available and applicable voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898, ``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations'' (February
11,
[[Page 19740]]
1994) is designed to address the environmental and human health
conditions of minority and low-income populations. EPA is committed to
addressing environmental justice concerns and has assumed a leadership
role in environmental justice initiatives to enhance environmental
quality for all citizens of the United States. The Agency's goals are
to ensure that no segment of the population, regardless of race, color,
national origin, income, or net worth bears disproportionately high
adverse human health or environmental impacts as a result of EPA's
policies, programs, and activities. Today's action applies to one
facility in Tomahawk, Wisconsin, and will have no disproportionate
impacts on minority or low income communities. Overall, the project
being undertaken at PCA's Tomahawk Mill, if successful, will produce
environmental performance superior to that expected through compliance
with existing regulations.
K. Executive Order 12988: Civil Justice Reform
In issuing this rule, 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, entitled Civil Justice Reform (61
FR 4729, February 7, 1996).
L. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended 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 804 exempts from section 801 the
following types of rules: (1) Rules of particular applicability; (2)
rules relating to agency management or personnel; and (3) rules of
agency organization, procedure, or practice that do not substantially
affect the rights or obligations of non-agency parties. EPA is not
required to submit a rule report regarding today's action under section
801 because this is a rule of particular applicability.
List of Subjects in 40 CFR Part 63
Air pollution control, Environmental protection, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: April 7, 2004.
Michael O. Leavitt,
Administrator.
0
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart S--National Emission Standards for Hazardous Air Pollutants
From the Pulp and Paper Industry
0
2. Amend Sec. 63.459 by adding paragraph (b) to read as follows:
Sec. 63.459 Alternative standards.
* * * * *
(b) Tomahawk Wisconsin Mill. (1) Applicability. (i) The provisions
of this paragraph (b) apply to the owner or operator of the stand-alone
semi-chemical pulp and paper mill located at N9090 County Road E in
Tomahawk, Wisconsin, referred to as the Tomahawk Mill.
(ii) The owner or operator is not required to comply with the
provisions of this paragraph (b) if the owner and operator chooses to
comply with the otherwise applicable sections of this subpart and
provides the EPA with notice.
(iii) If the owner or operator chooses to comply with the
provisions of this paragraph (b) the owner or operator shall comply
with all applicable provisions of this part, including this subpart,
except the following:
(A) Section 63.443(b);
(B) Section 63.443(c); and
(C) Section 63.443(d).
(2) Collection and routing of HAP emissions. (i) The owner or
operator shall collect the total HAP emissions from each LVHC system.
(ii) Each LVHC system shall be enclosed and the HAP emissions shall
be vented into a closed-vent system. The enclosures and closed-vent
system shall meet requirements specified in paragraph (b)(6) of this
section.
(iii) The HAP emissions shall be routed as follows:
(A) The HAP emissions collected in the closed-vent system from the
digester system shall be routed through the primary indirect contact
condenser, secondary indirect contact condenser, and evaporator
indirect contact condenser; and
(B) The HAP emissions collected in the closed-vent system from the
evaporator system and foul condensate standpipe shall be routed through
the evaporator indirect contact condenser.
(3) Collection and routing of pulping process condensates. (i) The
owner or operator shall collect the pulping process condensates from
the following equipment systems:
(A) Primary indirect contact condenser;
(B) Secondary indirect contact condenser; and
(C) Evaporator indirect contact condenser.
(ii) The collected pulping process condensates shall be conveyed in
a closed collection system that is designed and operated to meet the
requirements specified in paragraph (b)(7) of this section.
(iii) The collected pulping process condensates shall be routed in
the closed collection system to the wastewater treatment plant
anaerobic basins for biodegradation.
(iv) The pulping process condensates shall be discharged into the
wastewater treatment plant anaerobic basins below the liquid surface of
the wastewater treatment plant anaerobic basins.
(4) HAP destruction efficiency requirements of the wastewater
treatment plant. (i) The owner or operator shall achieve a destruction
efficiency of at least one pound of HAPs per ton of ODP by
biodegradation in the wastewater treatment plant.
(ii) The following calculation shall be performed to determine the
HAP destruction efficiency by biodegradation in the wastewater
treatment plant:
[GRAPHIC] [TIFF OMITTED] TR13AP04.093
[[Page 19741]]
Where:
HAPd = HAP destruction efficiency of wastewater treatment
plant (pounds of HAPs per ton of ODP);
RMEfr = flow rate of raw mill effluent (millions of gallons
per day);
RMEc = HAP concentration of raw mill effluent (milligrams
per liter);
PPCfr = flow rate of pulping process condensates (millions
of gallons per day);
PPCc = HAP concentration of pulping process condensates
(milligrams per liter);
ABDfr = flow rate of anaerobic basin discharge (millions of
gallons per day);
ABDc = HAP concentration of anaerobic basin discharge
(milligrams per liter); and
ODPr = rate of production of oven dried pulp (tons per day).
(5) Monitoring requirements and parameter ranges. (i) The owner or
operator shall install, calibrate, operate, and maintain according to
the manufacturer's specifications a continuous monitoring system (CMS,
as defined in Sec. 63.2), using a continuous recorder, to monitor the
following parameters:
(A) Evaporator indirect contact condenser vent temperature;
(B) Pulping process condensates flow rate;
(C) Wastewater treatment plant effluent flow rate; and
(D) Production rate of ODP.
(ii) The owner or operator shall additionally monitor, on a daily
basis, in each of the four anaerobic basins, the ratio of volatile acid
to alkalinity (VA/A ratio). The owner or operator shall use the test
methods identified for determining acidity and alkalinity as specified
in 40 CFR 136.3, Table 1B.
(iii) The temperature of the evaporator indirect contact condenser
vent shall be maintained at or below 140 [deg]F on a continuous basis.
(iv) The VA/A ratio in each of the four anaerobic basins shall be
maintained at or below 0.5 on a continuous basis.
(A) The owner or operator shall measure the methanol concentration
of the outfall of any basin (using NCASI Method DI/MEOH 94.03) when the
VA/A ratio of that basin exceeds the following:
(1) 0.38, or
(2) The highest VA/A ratio at which the outfall of any basin has
previously measured non-detect for methanol (using NCASI Method DI/MEOH
94.03).
(B) If the outfall of that basin measures detect for methanol, the
owner or operator shall verify compliance with the emission standard
specified in paragraph (b)(4) of this section by conducting a
performance test pursuant to the requirements specified in paragraph
(b)(8) of this section.
(v) The owner or operator may seek to establish or reestablish the
parameter ranges, and/or the parameters required to be monitored as
provided in paragraphs (b)(5)(i) through (v) of this section, by
following the provisions of Sec. 63.453(n)(1) through (4).
(6) Standards and monitoring requirements for each enclosure and
closed-vent system.
(i) The owner or operator shall comply with the design and
operational requirements specified in paragraphs (b)(6)(ii) through
(iv) of this section, and the monitoring requirements of paragraphs
(b)(6)(v) through (x) of this section for each enclosure and closed-
vent system used for collecting and routing of HAP emissions as
specified in paragraph (b)(2) of this section.
(ii) Each enclosure shall be maintained at negative pressure at
each enclosure or hood opening as demonstrated by the procedures
specified in Sec. 63.457(e). Each enclosure or hood opening closed
during the initial performance test shall be maintained in the same
closed and sealed position as during the performance test at all times
except when necessary to use the opening for sampling, inspection,
maintenance, or repairs.
(iii) Each component of the closed-vent system that is operated at
positive pressure shall be designed for and operated with no detectable
leaks as indicated by an instrument reading of less than 500 parts per
million by volume above background, as measured by the procedures
specified in Sec. 63.457(d).
(iv) Each bypass line in the closed-vent system that could divert
vent streams containing HAPs to the atmosphere without meeting the
routing requirements specified in paragraph (b)(2) of this section
shall comply with either of the following requirements:
(A) On each bypass line, the owner or operator shall install,
calibrate, maintain, and operate according to the manufacturer's
specifications a flow indicator that provides a record of the presence
of gas stream flow in the bypass line at least once every 15 minutes.
The flow indicator shall be installed in the bypass line in such a way
as to indicate flow in the bypass line; or
(B) For bypass line valves that are not computer controlled, the
owner or operator shall maintain the bypass line valve in the closed
position with a car seal or seal placed on the valve or closure
mechanism in such a way that the valve or closure mechanism cannot be
opened without breaking the seal.
(v) For each enclosure opening, the owner or operator shall
perform, at least once every 30 days, a visual inspection of the
closure mechanism specified in paragraph (b)(6)(ii) of this section to
ensure the opening is maintained in the closed position and sealed.
(vi) For each closed-vent system required by paragraph (b)(2) of
this section, the owner or operator shall perform a visual inspection
every 30 days and at other times as requested by the Administrator. The
visual inspection shall include inspection of ductwork, piping,
enclosures, and connections to covers for visible evidence of defects.
(vii) For positive pressure closed-vent systems, or portions of
closed-vent systems, the owner or operator shall demonstrate no
detectable leaks as specified in paragraph (b)(6)(iii) of this section,
measured initially and annually by the procedures in Sec. 63.457(d).
(viii) For each enclosure that is maintained at negative pressure,
the owner or operator shall demonstrate initially and annually that it
is maintained at negative pressure as specified in Sec. 63.457(e).
(ix) For each valve or closure mechanism as specified in paragraph
(b)(6)(iv)(B) of this section, the owner or operator shall perform an
inspection at least once every 30 days to ensure that the valve is
maintained in the closed position and the emissions point gas stream is
not diverted through the bypass line.
(x) If an inspection required by paragraph (b)(6) of this section
identifies visible defects in ductwork, piping, enclosures, or
connections to covers required by paragraph (b)(6) of this section, or
if an instrument reading of 500 parts per million by volume or greater
above background is measured, or if the enclosure openings are not
maintained at negative pressure, then the following corrective actions
shall be taken as soon as follows:
(A) A first effort to repair or correct the closed-vent system
shall be made as soon as practicable but no later than 5 calendar days
after the problem is identified.
(B) The repair or corrective action shall be completed no later
than 15 calendar days after the problem is identified.
(7) Standards and monitoring requirements for the pulping process
condensates closed collection system. (i) The owner or operator shall
comply with the design and operational requirements specified in
paragraphs
[[Page 19742]]
(b)(7)(ii) through (iii) of this section, and monitoring requirements
of paragraph (b)(7)(iv) for the equipment systems in paragraph (b)(3)
of this section used to route the pulping process condensates in a
closed collection system.
(ii) Each closed collection system shall meet the individual drain
system requirements specified in Sec. Sec. 63.960, 63.961, and 63.962,
except that the closed vent systems shall be designed and operated in
accordance with paragraph (b)(6) of this section, instead of in
accordance with Sec. 63.693 as specified in Sec. 63.692(a)(3)(ii),
(b)(3)(ii)(A), and (b)(3)(ii)(B)(5)(iii); and
(iii) If a condensate tank is used in the closed collection system,
the tank shall meet the following requirements:
(A) The fixed roof and all openings (e.g., access hatches, sampling
ports, gauge wells) shall be designed and operated with no detectable
leaks as indicated by an instrument reading of less than 500 parts per
million above background, and vented into a closed-vent system that
meets the requirements of paragraph (b)(6) of this section and routed
in accordance with paragraph (b)(2) of this section; and
(B) Each opening shall be maintained in a closed, sealed position
(e.g., covered by a lid that is gasketed and latched) at all times that
the tank contains pulping process condensates or any HAPs removed from
a pulping process condensate stream except when it is necessary to use
the opening for sampling, removal, or for equipment inspection,
maintenance, or repair.
(iv) For each pulping process condensate closed collection system
used to comply with paragraph (b)(3) of this section, the owner or
operator shall perform a visual inspection every 30 days and shall
comply with the inspection and monitoring requirements specified in
Sec. 63.964 except for the closed-vent system and control device
inspection and monitoring requirements specified in Sec. 63.964(a)(2).
(8) Quarterly performance testing. (i) The owner or operator shall,
within 45 days after the beginning of each quarter, conduct a
performance test.
(ii) The owner or operator shall use NCASI Method DI/HAPS-99.01 to
collect a grab sample and determine the HAP concentration of the Raw
Mill Effluent, Pulping Process Condensates, and Anaerobic Basin
Discharge for the quarterly performance test conducted during the first
quarter each year.
(iii) For each of the remaining three quarters, the owner or
operator may use NCASI Method DI/MEOH 94.03 as a surrogate to collect
and determine the HAP concentration of the Raw Mill Effluent, Pulping
Process Condensates, and Anaerobic Basin Discharge.
(iv) The sample used to determine the HAP or Methanol concentration
in the Raw Mill Effluent, Pulping Process Condensates, or Anaerobic
Basin Discharge shall be a composite of four grab samples taken evenly
spaced over an eight hour time period.
(v) The Raw Mill Effluent grab samples shall be taken from the raw
mill effluent composite sampler.
(vi) The Pulping Process Condensates grab samples shall be taken
from a line tap on the closed condensate collection system prior to
discharge into the wastewater treatment plant.
(vii) The Anaerobic Basic Discharge grab samples shall be taken
subsequent to the confluence of the four anaerobic basin discharges.
(viii) The flow rate of the Raw Mill Effluent, Pulping Process
Condensates, and Anaerobic Basin Discharge, and the production rate of
ODP shall be averaged over eight hours.
(ix) The data collected as specified in paragraphs (b)(5) and
(b)(8) of this section shall be used to determine the HAP destruction
efficiency of the wastewater treatment plant as specified in paragraph
(b)(4)(ii) of this section.
(x) The HAP destruction efficiency shall be at least as great as
that specified by paragraph (b)(4)(i) of this section.
(9) Recordkeeping requirements. (i) The owner or operator shall
comply with the recordkeeping requirements as specified in Table 1 of
subpart S of part 63 as it pertains to Sec. 63.10.
(ii) The owner or operator shall comply with the recordkeeping
requirements as specified in Sec. 63.454(b).
(iii) The owner or operator shall comply with the recordkeeping
requirements as specified in Sec. 63.453(d).
(10) Reporting requirements. (i) Each owner or operator shall
comply with the reporting requirements as specified in Table 1 of Sec.
63.10.
(ii) Each owner or operator shall comply with the reporting
requirements as specified in Sec. 63.455(d).
(11) Violations. (i) Failure to comply with any applicable
provision of this part shall constitute a violation.
(ii) Periods of excess emissions shall not constitute a violation
provided the time of excess emissions (excluding periods of startup,
shutdown, or malfunction) divided by the total process operating time
in a semi-annual reporting period does not exceed one percent. All
periods of excess emission (including periods of startup, shutdown, and
malfunction) shall be reported, and shall include:
(A) Failure to monitor a parameter, or maintain a parameter within
minimum or maximum (as appropriate) ranges as specified in paragraph
(b)(5), (b)(6), or (b)(7) of this section; and
(B) Failure to meet the HAP destruction efficiency standard
specified in paragraph (b)(4) of this section.
(iii) Notwithstanding paragraph (b)(11)(ii) of this section, any
excess emissions that present an imminent threat to public health or
the environment, or may cause serious harm to public health or the
environment, shall constitute a violation.
[FR Doc. 04-8311 Filed 4-12-04; 8:45 am]
BILLING CODE 6560-50-P