[Federal Register Volume 63, Number 152 (Friday, August 7, 1998)]
[Rules and Regulations]
[Pages 42238-42240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20413]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 63 and 430
[FRL-6132-6]
RIN 2040-AB53
National Emission Standards for Hazardous Air Pollutants for
Source Category: Pulp and Paper Production; Effluent Limitations
Guidelines, Pretreatment Standards, and New Source Performance
Standards: Pulp, Paper, and Paperboard Category; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction.
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SUMMARY: EPA is correcting minor errors in the effluent limitations
guidelines and standards promulgated under the Clean Water Act for a
portion of the pulp, paper and paperboard industry and the national
emission standards for hazardous air pollutants promulgated under the
Clean Air Act for the pulp and paper production category, which
appeared in the Federal Register on April 15, 1998 (63 FR 18504).
DATES: Effective on August 7, 1998.
FOR FURTHER INFORMATION CONTACT: Mr. Troy Swackhammer by voice on (202)
260-7128 or by e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
Overview
The EPA published a document in the April 15, 1998 Federal Register
(63 FR 18504-18751) promulgating the effluent limitations guidelines
and standards under the Clean Water Act (CWA) for a portion of the
pulp, paper and paperboard industry and national emission standards for
hazardous air pollutants (NESHAP) under the Clean Air Act (CAA) as
amended in 1990 for the pulp and paper production source category. The
final rules promulgated in the April 15, 1998 Federal Register
contained some minor errors that are discussed briefly below and are
corrected by this notice.
Administrative Requirements and Related Government Acts
A. The Administrative Procedure Act
Consistent with section 553(b) of the Administrative Procedure Act
(APA), EPA has found for good cause that notice and an opportunity to
comment on these technical corrections is unnecessary because this rule
merely corrects typographical errors and clerical oversights and would
not benefit from public comment. In addition, EPA has found good cause
under APA section 553(d)(3) for waiving the APA's 30-day delay in
effectiveness as to these final rules. It is important that these minor
technical corrections become effective immediately because they correct
or clarify certain regulatory requirements that are currently
applicable to facilities within the affected subcategories.
B. Executive Order 12866 and OMB Review
EPA has determined that these corrections do not constitute
``significant regulatory action'' that would trigger review by the
Office of Management and Budget.
C. The Regulatory Flexibility Act
EPA has determined that these corrections will not have a
significant economic impact on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 605.
With respect to the underlying regulations that this rule corrects, EPA
incorporates herein the findings set forth in 63 FR 18504.
D. Paperwork Reduction Act
EPA has determined that these regulations do not contain any
information collection requirements that require the approval of the
Office of Management and Budget pursuant to the Paperwork Reduction
Act, 44 U.S.C. chapter 35. With respect to the underlying regulations
that these rules correct, EPA incorporates herein the discussion set
forth in 63 FR 18504.
E. Unfunded Mandates Reform Act
EPA incorporates herein the discussion set forth in 63 FR 18504.
F. Congressional Review Act
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. However, section 808 provides that any rule for which
the issuing agency for good cause finds (and incorporates the finding
and a brief statement of reasons therefore in the rule) that notice and
public procedure thereon are impracticable, unnecessary or contrary to
the public interest, shall take effect at such time as the agency
promulgating the rule determines. 5 U.S.C. 808(2). As stated
previously, EPA has made such a good cause finding,
[[Page 42239]]
including the reasons therefore, and established an effective date of
August 7, 1998. 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. This rule is not a
major rule as defined by 5 U.S.C. 804(2).
G. Other Applicable Executive Orders and Statutes
EPA incorporates herein the discussion of the Executive Orders and
statutes presented in 63 FR 18504. This technical corrections rule is
not a ``major rule'' as defined by 5 U.S.C. 804(2); therefore, it is
not subject to the 60-day delay in effectiveness specified under the
Small Business Regulatory Enforcement Fairness Act of 1996.
H. Protection of Children from Environmental Health Risks and Safety
Risks
This final rule is not subject to E.O. 13045, entitled ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because ``this is not an economically
significant regulatory action as defined by E.O. 12866.''
Dated: July 24, 1998.
Robert Perciasepe,
Assistant Administrator for Air and Radiation.
J. Charles Fox,
Acting Assistant Administrator for Water.
The following corrections are made in FRL-5924-8, National Emission
Standards for Hazardous Air Pollutants for Source Category: Pulp and
Paper Production; Effluent Limitations Guidelines, Pretreatment
Standards, and New Source Performance Standards: Pulp, Paper, and
Paperboard Category, which was published in the Federal Register on
April 15, 1998 (63 FR 18504).
Sec. 63.446 [Corrected]
1. On page 18621, second column, in Sec. 63.446, paragraph (i) is
corrected to read:
* * * * *
(i) For the purposes of meeting the requirements in paragraphs
(c)(3), (e)(4), or (e)(5) of this section at mills producing both
bleached and unbleached pulp products, owners and operators may meet a
prorated mass standard that is calculated by prorating the applicable
mass standards (kilograms of total HAP per megagram of ODP) for
bleached and unbleached pulp products specified in paragraphs (c)(3),
(e)(4), or (e)(5) of this section by the ratio of annual megagrams of
bleached and unbleached ODP.
* * * * *
Sec. 63.447 [Corrected]
2. On page 18621, third column, in Sec. 63.447, paragraph (d)(1) is
corrected to read:
* * * * *
(d) * * *
(1) Process and air pollution control equipment installed and
operating on December 17, 1993, and.
* * * * *
Sec. 430.01 [Corrected]
3. On page 18637, third column, Sec. 430.01(i), the second sentence
is corrected to read, ``The following minimum levels apply to
pollutants in this part:''.
4. On page 18639, second column, in Sec. 430.01, paragraph (p) is
corrected to read:
* * * * *
(p) TCDF. 2,3,7,8-tetrachlorodibenzofuran.
* * * * *
Sec. 430.24 [Corrected]
5. On page 18654, in Sec. 430.24 (b)(4)(i) in the table entitled
``Ultimate Voluntary Advanced Technology Incentives Program BAT
Limitations,'' in the sixth column, the third line under ``Annual
average'' is corrected to read ``0.05''; in note b, the second sentence
is corrected to read, ``Under Tier I, this includes all filtrates up to
the point where kappa number is measured''; and in note d, the second
sentence is corrected to read, ``N/A means ``not applicable.''
6. On page 18654, first column, in Sec. 430.24, paragraph
(b)(4)(ii)(A) is corrected to read:
* * * * *
(b) * * *
(4) * * *
(ii) * * *
(A) A discharger enrolled in Tier I of the Voluntary Advanced
Technology Incentives Program must achieve the Tier I limitations in
paragraph (b)(4)(i) of this section by April 15, 2004.
* * * * *
7. On page 18654, third column, in Sec. 430.24 (d), the second
sentence is corrected to read, ``Also, for non-continuous dischargers,
concentration limitations (mg/l) shall apply.''
Sec. 430.24 [Corrected]
8. On page 18657, in Sec. 430.25(b) in the table entitled ``Subpart
B,'' in the first column, the first line is corrected to read, ``AOX'';
the second line is corrected to read,''BOD5''; and the third line is
corrected to read, ``TSS''. In the second column, the second line is
corrected to read ``4.52d'' and third line is corrected to
read ``8.47d''.
Sec. 430.26 [Corrected]
9. On page 18658, third column, in Sec. 430.26, the last four lines
of the introductory text are corrected to read,''pollutants into a
publicly owned treatment works must comply with 40 CFR part 403 and
must achieve the following pretreatment standards for existing sources
(PSES).''
10. On page 18659, in Sec. 430.26, paragraph (a)(2) introductory
text is corrected to read:
* * * * *
(a) * * *
(2) The following pretreatment standards apply with respect to each
fiber line operated by an indirect discharger subject to this section
if the indirect discharger discloses to the pretreatment control
authority in a report submitted under 40 CFR 403.12(b), (d), or (e)
that it uses exclusively TCF bleaching processes at that fiber line.
These pretreatment standards must be attained on or before April 16,
2001:
* * * * *
Sec. 430.27 [Corrected]
11. On pages 18659 and 18660, in the third and first columns, in
Sec. 430.27 the introductory text is corrected to read:
Except as provided in 40 CFR 403.7, any new source subject to this
subpart that introduces pollutants into a publicly owned treatment
works must comply with 40 CFR part 403 and must achieve the following
pretreatment standards for new sources (PSNS).
* * * * *
12. On page 18660, in Sec. 430.27, paragraph (a)(2) is corrected to
read:
* * * * *
(a) * * *
(2) The following pretreatment standards apply with respect to each
new source fiber line operated by an indirect discharger subject to
this section if the indirect discharger discloses to the pretreatment
control authority in a report submitted under 40 CFR 403.12(b), (d), or
(e) that it uses exclusively TCF bleaching processes at that fiber
line:
* * * * *
13. On page 18683, third column, in Sec. 430.56, the last four
lines of the introductory text are corrected to read ``treatment works
must comply with 40 CFR part 403 and must achieve the following
pretreatment standards for existing sources (PSES).''
[[Page 42240]]
Sec. 430.56 [Corrected]
14. On page 18683, in Sec. 430.56(a)(1) in the table entitled
``SUBPART E [Production of Calcium-, Magnesium-, or Sodium-based
Sulfite Pulps],'' in the second column, the first entry is corrected to
read ``a''.
15. On page 18684, in Sec. 430.56(a)(2)(ii) in the table entitled
``SUBPART E-PRODUCTION OF AMMONIUM-BASED SULFITE PULPS,'' the title in
the second column is corrected to read ``PSES (TCF)''.
16. On page 18684, second column, in Sec. 430.56(a)(3)(ii), the
reference to ``40 CFR 403.12(b)'' is corrected to read, ``40 CFR
403.12(b), (d), or (e)''.
Sec. 430.57 [Corrected]
17. On page 18685, in Sec. 430.57, paragraph (a)(2)(ii) is
corrected to read:
* * * * *
(a) * * *
(2) * * *
(ii) The following pretreatment standards apply with respect to
each new source fiber line operated by an indirect discharger producing
ammonium-based sulfite pulps if the indirect discharger discloses to
the pretreatment control authority in a report submitted under 40 CFR
403.12(b), (d), or (e) that it uses exclusively TCF bleaching processes
at that fiber line:
* * * * *
18. On page 18686, in Sec. 430.57, paragaph (a)(3)(ii) introductory
text is corrected to read:
* * * * *
(a) * * *
(3) * * *
(ii) The following pretreatment standards apply with respect to
each new source fiber line operated by an indirect discharger producing
specialty grade sulfite pulps if the indirect discharger discloses to
the pretreatment control authority in a report submitted under 40 CFR
403.12(b), (d), or (e) that it uses exclusively TCF bleaching processes
at that fiber line:
* * * * *
[FR Doc. 98-20413 Filed 8-6-98; 8:45 am]
BILLING CODE 6560-50-P