[Federal Register Volume 75, Number 120 (Wednesday, June 23, 2010)]
[Notices]
[Pages 35792-35795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15221]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2007-0544; FRL-9167-3]
Agency Information Collection Activities: Proposed Collection;
Comment Request; Information Request for Pulp and Paper Sector New
Source Performance Standards (NSPS) and National Emission Standards for
Hazardous Air Pollutants (NESHAP) Residual Risk and Technology Review;
EPA ICR No. 2393.01, OMB Control Number 2060-NEW
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this action announces that the EPA is planning to submit a
request for a new Information Collection Request to the Office of
Management and Budget. This is a request for a new collection. Before
submitting the Information Collection Request to the Office of
Management and Budget for review and approval, EPA is soliciting
comments on the proposed information collection as described below.
DATES: Comments must be submitted on or before August 23, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-0544, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
E-mail: [email protected]
Fax: (202) 566-1741
Mail: Air and Radiation Docket and Information Center,
Environmental Protection Agency, Mailcode: 22821T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
Hand Delivery: Air and Radiation Docket and Information
Center, U.S. EPA, Room 3334, EPA West Building, 1301 Constitution
Avenue, NW., Washington, DC. Such deliveries are only accepted during
the Docket's normal hours of operation and special arrangements should
be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2007-0544. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. 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. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT: Bill Schrock, Office of Air Quality
Planning and Standards, (E143-03), Environmental Protection Agency,
Research Triangle Park, North Carolina 27711; telephone number: (919)
541-5032; fax number: (919) 541-3470; e-mail address:
[email protected].
SUPPLEMENTARY INFORMATION:
How can I access the docket and/or submit comments?
EPA has established a public docket for this Information Collection
Request (ICR) under Docket ID No. EPA-HQ-OAR-2007-0544, which is
available for
[[Page 35793]]
on-line viewing at www.regulations.gov, or in person viewing at the Air
and Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public
Reading Room is open from 8 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.
Use www.regulations.gov to obtain a copy of the draft collection of
information, submit or view public comments, access the index listing
of the contents of the docket, and to access those documents in the
public docket that are available electronically. Once in the system,
select ``search,'' then key in the docket ID number identified in this
document.
What information is EPA particularly interested in?
Pursuant to Paperwork Reduction Act (PRA) section 3506(c)(2)(A),
EPA specifically solicits comments and information to enable it to:
(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
(iii) Enhance the quality, utility and clarity of the information
to be collected; and
(iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical or other technological collection techniques or
other forms of information technology (e.g., permitting electronic
submission of responses).
What should I consider when 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 and provide specific
examples.
2. Describe any assumptions that you used.
3. Provide copies of 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 the estimate that you provide.
5. Offer alternative ways to improve the collection activity.
6. Make sure to submit your comments by the deadline identified
under DATES.
7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date and Federal
Register citation.
What information collection activity or ICR does this apply to?
Affected entities: Respondents affected by this action are owners/
operators of mills that are major sources \1\ of Hazardous Air
Pollutant (HAP) emissions and produce pulp, perform bleaching or
manufacture paper or paperboard products, including:
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\1\ As defined in 40 CFR 63.2, ``Major source'' means any
stationary source or group of stationary sources located within a
contiguous area and under common control that emits or has the
potential to emit considering controls, in the aggregate, 10 tons
per year or more of any hazardous air pollutant or 25 tons per year
or more of any combination of hazardous air pollutants, unless the
Administrator establishes a lesser quantity, or in the case of
radionuclides, different criteria from those specified in this
sentence.
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Mills that carry out chemical wood pulping (kraft,
sulfite, soda or semi-chemical),
Mills that carry out mechanical, groundwood, secondary
fiber and non-wood pulping,
Mills that perform bleaching, and
Mills that manufacture paper or paperboard products.
Some mills perform multiple operations (e.g., chemical pulping,
bleaching, and papermaking; pulping and unbleached papermaking; etc.).
Mills that only purchase pre-consumer paper or paperboard products and
convert them into other products (i.e., converting operations) are not
affected by this action. The North American Industry Classification
System (NAICS) codes for respondents affected by the information
collection are listed in the following table.
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NAICS
Category Description Code
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Industry............................. Pulp Mills.............. 32211
Paper Mills............. 32212
Paperboard Mills........ 32213
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Title: Information Collection Request for Pulp and Paper Sector New
Source Performance Standards (NSPS) and National Emission Standards for
Hazardous Air Pollutants (NESHAP) Residual Risk and Technology Review
(RTR).
ICR numbers: EPA ICR Number 2393.01, OMB Control Number 2060-NEW.
ICR status: This ICR is for a new information collection activity.
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 Office of Management and Budget (OMB) control number. The OMB
control numbers for EPA's regulations in title 40 of the Code of
Federal Regulations (CFR), after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
Abstract: This ICR is being conducted by EPA's Office of Air and
Radiation to assist the EPA Administrator, as required by sections
111(b), 112(d), and 112(f)(6) of the Clean Air Act (CAA), as amended,
to determine the current affected population of pulp and paper
processes and to re-evaluate emission standards for this source
category. This one-time collection will solicit information under
authority of CAA section 114. The EPA intends to provide the survey in
electronic format. The survey will be sent to all facilities identified
as being pulp and/or paper production facilities through information
available to the Agency. EPA envisions allowing recipients 60 days to
respond to the survey. Non-confidential information from this ICR would
be made available to the public. EPA estimates the total cost of the
information collection (for 386 respondents) will be 127,906 hours and
$12,100,453, which includes $2,316 in operation and maintenance (O&M)
costs for mailing survey responses to EPA.
The pulp and paper production source category includes any facility
engaged in the production of pulp and/or paper. This category includes,
but is not limited to, integrated mills (where pulp alone or pulp and
paper or paperboard are manufactured on-site), non-integrated mills
(where paper or paperboard are manufactured, but no pulp is
manufactured on-site), and secondary fiber mills (where waste paper is
used as the primary raw material). The pulp and paper production
process units include operations such as pulping, bleaching, chemical
recovery and papermaking. Different pulping processes are used,
including chemical processes (kraft, soda, sulfite and semi-chemical)
and mechanical, secondary fiber or non-
[[Page 35794]]
wood processes. The three federal emission standards that are the
subject of this information collection include:
1. Standards of Performance for Kraft Pulp Mills (40 CFR part 60,
subpart BB),
2. National Emission Standards for Hazardous Air Pollutants from
the Pulp and Paper Industry (40 CFR part 63, subpart S), and
3. National Emission Standards for Hazardous Air Pollutants for
Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and
Stand-Alone Semi-chemical Pulp Mills (40 CFR part 63, subpart MM).
The Standards of Performance (i.e., the NSPS) currently regulates
particulate matter (PM) and total reduced sulfur emissions from kraft
pulping processes. In general, NESHAP subpart S covers HAP emissions
from the pulp production areas (e.g., pulping system vents, pulping
process condensates) at chemical, mechanical, secondary fiber and non-
wood pulp mills; bleaching operations; and papermaking systems. The
subpart S standards include several alternative emission limits for
each covered process that are designed to provide flexibility and
promote and encourage the use of new technology, particularly combined
air/water controls and pollution prevention technologies. The NESHAP
subpart MM regulates HAP emissions from the chemical recovery
combustion areas of chemical pulp mills (kraft, sulfite, semi-chemical
and soda wood pulping processes). For existing kraft and soda
combustion units, the subpart MM standards also include a compliance
alternative that allows netting of PM emissions for the entire chemical
recovery system.
Section 111(b)(1)(B) of the CAA mandates that EPA review and, if
appropriate, revise existing NSPS at least every eight years. The NSPS
for kraft pulp mills was promulgated in 1978 and reviewed in 1986.
Another review of the kraft pulp mill NSPS is required under the CAA.
Similarly, Section 112(f)(2) of the CAA directs EPA to conduct risk
assessments on each source category subject to maximum achievable
control technology (MACT) standards and determine if additional
standards are needed to reduce residual risks. The section 112(f)(2)
residual risk review is to be done eight years after promulgation.
Section 112(d)(6) of the CAA requires EPA to review and revise the MACT
standards, as necessary, taking into account developments in practices,
processes and control technologies. The section 112(d)(6) technology
review is to be done at least every eight years. The NESHAP for the
pulp and paper industry (40 CFR part 63, subpart S) was promulgated in
1998 and is due for review under CAA sections 112(f)(2) and 112(d)(6).
Likewise, the NESHAP for chemical recovery combustion sources at kraft,
soda, sulfite and stand-alone semi-chemical pulp mills (40 CFR part 63,
subpart MM) was promulgated in 2001 and is also due for review. In
addition to the CAA-required reviews, recent case law and legal
petitions suggest the need to review the pulp and paper NESHAP. For
example, the EPA received a petition for rulemaking in January 2009
requesting that EPA revise various NESHAP, including the NESHAP for
chemical recovery combustion sources at pulp mills, to make the NESHAP
consistent with CAA precedent established in recent judicial rulings.
Also, in December 2008, the U.S. Court of Appeals for the DC Circuit
vacated the startup, shutdown, and malfunction provisions contained in
the NESHAP General Provisions that apply to pulp and paper mills. To
the extent that these legal actions need to be addressed in the pulp
and paper NESHAP, EPA intends to investigate potential rule revisions
at the same time as the CAA statutory reviews are conducted.
The data used as the basis for the originally promulgated NESHAP
are over 15 years old, and data used to review the NSPS are over 20
years old. The Agency is aware that significant changes have been made
in the intervening years in the number of affected facilities, in
industry ownership practices and in emission collection and control
configurations. Further, in light of the statutory requirements for
reviewing emission standards under CAA sections 111(b) and 112 and the
recent case law interpreting those requirements, the Agency has
concluded that obtaining updated information will be crucial to
informing its decisions on the NSPS and NESHAP for pulp and paper
manufacturing sources.
The EPA has already begun assembling data for a preliminary
residual risk assessment for the pulp and paper NESHAP subparts S and
MM. Data sets derived from the EPA's 2005 National Scale Air Toxics
Assessment (NATA) National Emissions Inventory (NEI) will be used for
the RTR. Additional mill-specific information would allow EPA to better
characterize emission sources, refine the risk analysis and to address
any unacceptable residual risk that remains. An update of the 2005 NATA
NEI data sets and more specific information needed for rulemaking
regulatory analyses would be derived from the ICR. Information
collected directly from pulp and paper mills will have the greatest
practical utility for purposes of performing the RTR and NSPS reviews
as information from the affected industry will contain the most up-to-
date, accurate and reliable equipment and operational data for each
mill.
CAA section 114(a) states that the Administrator may require any
owner or operator subject to any requirement of this Act to:
(A) Establish and maintain such records; (B) make such reports;
(C) install, use, and maintain such monitoring equipment, and use
such audit procedures, or methods; (D) sample such emissions (in
accordance with such procedures or methods, at such locations, at
such intervals, during such periods, and in such manner as the
Administrator shall prescribe); (E) keep records on control
equipment parameters, production variables or other indirect data
when direct monitoring of emissions is impractical; (F) submit
compliance certifications in accordance with section 114(a)(3); and
(G) provide such other information as the Administrator may
reasonably require.
At present, the EPA does not have a database reflecting the post-
MACT and post-effluent guidelines configurations of pulp and paper
emission units and air pollution control systems. It is essential for
the EPA to have updated information to use in the regulatory analyses
required under CAA sections 112(d) and 112(f)(2). In addition, this
updated information will be used to perform the NSPS review required
under CAA section 111(b). By conducting all of the CAA-required reviews
at the same time (i.e., the subpart S and MM RTR reviews and the
subpart BB NSPS review), the Agency can make use of a single collection
of information that would allow the Agency to consider control
strategies that are the most effective for both HAP and criteria air
pollutants (such as PM, SO2, and NOX) that are
regulated under NSPS. The data would also allow the Agency to evaluate
compliance options for startup and shutdown periods, and to consider
ways to consolidate monitoring, reporting and recordkeeping
requirements among the different rules under review.
The data collected will be used to update facility information and
equipment configuration, develop new estimates of the population of
affected units, and identify the control measures and alternative
emission limits being used for compliance with the existing rules that
are under review. This information, along with existing permitted
emission limits, will be used to establish a baseline for purposes of
the regulatory reviews. The emissions
[[Page 35795]]
test data (test reports and Continuous Emissions Monitoring Systems
(CEMS) data) collected will be used to verify the performance of
existing control measures, examine variability in emissions, evaluate
emission limits, and to determine the performance of superior control
measures considered for purposes of reducing residual risk or as
options for best demonstrated technology under the NSPS review.
Emissions data will also be used along with process and emission unit
details to consider subcategories for further regulation and to
estimate the environmental and cost impacts associated with any
regulatory options considered.
This collection of information is mandatory under CAA section 114
(42 U.S.C. 7414). All information submitted to EPA pursuant to this ICR
for which a claim of confidentiality is made is safeguarded according
to Agency policies in 40 CFR part 2, subpart B. 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. Office of Management and Budget control numbers for
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
The EPA would like to solicit comments to:
(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the methodology
and assumptions used;
(iii) Enhance the quality, utility and clarity of the information
to be collected; and
(iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical or other technological collection techniques or
other forms of information technology (e.g., permitting electronic
submission of responses).
Burden Statement: The projected cost and hour burden for industry
for this one-time collection of information is $12,098,137 and 127,906
hours. This burden is based on an estimated 386 respondents to the
survey. This ICR does not include any requirements that would cause the
respondents to incur either capital or start-up costs. Operation and
maintenance costs of $2,316 are estimated for postage to mail in the
survey response to EPA. 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 which have subsequently changed; 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.
The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here.
Estimated total number of potential respondents: 386 facilities.
Frequency of response: One time.
Estimated total average number of responses for each respondent: 1.
Estimated total annual burden hours: 127,906.
Estimated total annual costs: $12,100,453. This includes an
estimated burden cost of 12,098,137 and an estimated cost of $2,316 for
capital investment or maintenance and operational costs.
What is the next step in the process for this ICR?
EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.
Steve Fruh,
Acting Director, Sector Policies and Programs Division.
[FR Doc. 2010-15221 Filed 6-22-10; 8:45 am]
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