24268 Federal Register / Vol. 66, No. 93 / Monday, May 14, 2001 / Rules and Regulations

term’’ and ‘‘sixty-seven year extended

term,’’ respectively.

c. Paragraph (e)(1) is amended by

removing the phrase ‘‘extended fortyseven year second term’’ and adding

‘‘extended sixty-seven year second

term’’.

d. Paragraph (f)(1) is amended by

removing the phrase ‘‘forty-seven year

renewal term’’ and adding ‘‘sixty-seven

year renewal term.’’

Dated: May 9, 2001.

Marilyn J. Kretsinger,

Assistant General Counsel.

[FR Doc. 01–12053 Filed 5–11–01; 8:45 am]

BILLING CODE 1410–30–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[AD–FRL–6970–4]

RIN 2060–AH74

National Emission Standards for

Hazardous Air Pollutants From the

Pulp and Paper Industry

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; technical corrections.

SUMMARY: Under the Clean Air Act

(CAA), the EPA issued a final rule on

December 22, 2000 (65 FR 80755) to

amend the pulp and paper national

emission standards for hazardous air

pollutants (Pulp and Paper NESHAP).

The Pulp and Paper NESHAP limit and

control hazardous air pollutants (HAP)

that are known to cause or suspected to

cause cancer or have other serious

health or environmental effects. These

technical corrections will correct an

error in the amendatory instructions and

correct referencing errors in the

December 22, 2000 final rule

amendments. Section 553 of the

Administrative Procedure Act, 5 U.S.C.

553(b)(B), provides that, when an

agency for good cause finds that notice

and public procedure are impracticable,

unnecessary or contrary to the public

interest, the agency may issue a rule

without providing notice and an

opportunity for public comment. The

EPA has determined that there is good

cause for making today’s rule final

without prior proposal and opportunity

for comment because the changes to the

rule are minor technical corrections, are

noncontroversial in nature, and do not

substantively change the requirements

of the Pulp and Paper NESHAP. Thus,

notice and public procedure are

unnecessary. The EPA finds that this

constitutes good cause under 5 U.S.C.

553(b)(B).

EFFECTIVE DATE: May 14, 2001.

ADDRESSES: Docket No. A–92–40

contains supporting information for the

Pulp and Paper NESHAPS, subsequent

amendments, and this technical

correction. The docket is located at the

U.S. EPA, in Room M–1500, Waterside

Mall (ground floor), 401 M Street SW.,

Washington, DC 20460 and is available

for inspection and copying from 8:30

a.m. to 5:30 p.m., Monday through

Friday except Federal holidays. A

reasonable fee may be charged for

copying.

FOR FURTHER INFORMATION CONTACT: Mr.

Stephen Shedd, Emission Standards

Division (MD–13), U.S. EPA, Research

Triangle Park, North Carolina 27711,

telephone number: (919) 541–5397,

facsimile number: (919) 541–0246,

electronic mail address:

shedd.steve@epa.gov.

SUPPLEMENTARY INFORMATION: Regulated

Entities. Entities potentially regulated

by this action include:

Category SIC NAICS Examples of regulated entities

Industry .... 26 3221 Pulp mills and integrated mills (mills that anufacture pulp and paper/paperboard) that chemically pulp wood

fiber.

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. To determine

whether this action would regulate your

facility, you must carefully examine the

applicability criteria in § 63.440 of the

Pulp and Paper NESHAP. If you have

questions regarding the applicability of

this action to a particular situation or

questions about compliance approaches,

permitting, enforcement, and rule

determinations, please contact the local

or State air pollution control agency

who has permitting authority for your

facility.

World Wide Web (WWW). In addition

to being available in the docket, an

electronic copy of today’s technical

corrections will be available on the

WWW through the Technology Transfer

Network (TTN). Following signature, a

copy of this action will be available on

the TTN’s policy and guidance page for

newly proposed or promulgated rules

http://www.epa.gov/ttn/oarpg. The TTN

provides information and technology

exchange in various areas of air

pollution control. Also, a separate page

on the TTN provides all the proposal

and promulgation notices, support

documents, and implementation

information for the Pulp and Paper

NESHAP which is located at http://

www.epa.gov/ttn/uatw/pulp/

pulppg.html. If you need more

information regarding the TTN, call the

TTN HELP line at (919) 541–5384.

I. Description of the Technical

Corrections

The EPA promulgated the Pulp and

Paper NESHAP on April 15, 1998 (63 FR

18504), with subsequent amendments

for corrections and clarifications. On

December 22, 2000 (65 FR 80755), we

issued final rule amendments to the

Pulp and Paper NESHAPS to revise the

compliance demonstration procedures

for combustion devices used to control

pulping vent gases and for biological

treatment systems used to treat pulping

condensates. In the final rule text we

incorrectly referenced two

subparagraphs. Section 63.457(l)(1)

incorrectly referenced § 63.446(e)(2)(i).

The correct reference is § 63.446(e)(2)

and (3). Section 63.457(l)(2) incorrectly

referenced § 63.446(e)(2)(ii) and (iii).

The correct reference is § 63.446(e)(2)

and (4), or (e)(2) and (5). Also the

amendatory instructions were incorrect

for § 63.457(l) and (m)(2)(ii). The

incorrect instruction is to revise the

introductory text. Instead, the whole

text is to be revised. This action corrects

those typographical errors.

II. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

is therefore not subject to review by the

Office of Management and Budget.

Because the EPA has made a ‘‘good

cause’’ finding that this action is not

subject to notice and comment

requirements under the Administrative

Procedure Act or any other statute (see

Summary), it is not subject to the

regulatory flexibility provisions of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.), or to sections 202 and 205 of the

Unfunded Mandates Reform Act of 1995

(UMRA) (Public Law 104–4). In

addition, this action does not

significantly or uniquely affect small

Federal Register / Vol. 66, No. 93 / Monday, May 14, 2001 / Rules and Regulations 24269

governments or impose a significant

intergovernmental mandate as described

in sections 203 and 204 of UMRA. This

final rule also does not significantly or

uniquely affect the communities of

tribal governments, as specified by

Executive Order 13084 (63 FR 27655,

May 10, 1998). This final rule does not

have substantial direct effects on the

States, on the relationship between the

national government and the States, as

specified in Executive Order 13132 (64

FR 43255, August 10,1999). This final

rule also is not subject to Executive

Order 13045 (62 FR19885, April 23,

1997), because it is not economically

significant.

This technical correction action does

not involve technical standards; thus,

the requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. The technical

correction also does not involve special

consideration of environmental justice

related issues as required by Executive

Order 12898 (59 FR 7629, February 16,

1994). In issuing this technical

correction, the 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 (61 FR 4729, February 7, 1996).

The EPA has complied with Executive

Order 12630 (53 FR 8859, March 15,

1988) by examining the takings

implications of the rule in accordance

with the ‘‘Attorney General’s

Supplemental Guidelines for the

Evaluation of Risk and Avoidance of

Unanticipated Takings’’ issued under

the executive order. This technical

correction does not impose an

information collection burden under the

provisions of the Paperwork Reduction

Act of 1995 (44 U.S.C. 3501 et seq.). The

EPA’s compliance with these statutes

and Executive Orders for the underlying

rule is discussed in the December 22,

2000 final rule amendments (65 FR

80755).

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. Section 808 allows

the issuing agency to make a rule

effective sooner than otherwise

provided by the Congressional Review

Act if the agency makes a good cause

finding that notice and public procedure

is impracticable, unnecessary, or

contrary to the public interest. This

determination must be supported by a

brief statement (5 U.S.C. 808(2)). As

stated previously, the EPA has made

such a good cause finding, including the

reasons therefor, and established an

effective date of May 14, 2001. The 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 action is not a ‘‘major

rule’’ as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

Environmental protection,

Administrative practice and procedure,

Air pollution control, Hazardous

substances, Intergovernmental relations,

Reporting and record keeping

requirements.

Dated: April 18, 2001.

Robert D. Brenner,

Acting Assistant Administrator for Air and

Radiation.

For the reasons stated in the

preamble, title 40, chapter I, part 63 of

the Code of Federal Regulations are

amended as follows:

PART 63—[AMENDED]

1. The authority citation for part 63

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart S—[Amended]

2. Section 63.457 is amended by

revising paragraphs (l) and (m)(2)(ii) to

read as follows:

§ 63.457 Test methods and procedures.

* * * * *

(1) Biological treatment system

percent reduction and mass removal

calculations. To demonstrate

compliance with the condensate

treatment standards specified in

§ 63.446(e)(2) and the monitoring

requirements specified in § 63.453(j)(3)

using a biological treatment system, the

owner or operator shall use one of the

procedures specified in paragraphs

(1)(1) and (2) of this section. Owners or

operators using a nonthoroughly mixed

open biological treatment system shall

also comply with paragraph (1)(3) of

this section.

(1) Percent reduction methanol

procedure. For the purposes of

complying with the condensate

treatment requirements specified in

§ 63.446(e)(2) and (3), the methanol

percent reduction shall be calculated

using the following equations:

Where:

R MeOH

1 1.087 r

r

bio = ( )

( ) + ( ) ∗

= ( )

( )

f

F

F

nonmethanol

methanol

100

R = Percent destruction.

fbio(MeOH) = The fraction of methanol

removed in the biological treatment

system. The site-specific biorate

constants shall be determined using

the appropriate procedures

specified in appendix C of this part.

r = Ratio of the sum of acetaldehyde,

methyl ethyl ketone, and

propionaldehyde mass to methanol

mass.

F(nonmethanol) = The sum of acetaldehyde,

methyl ethyl ketone, and

propionaldehyde mass flow rates

(kg/Mg ODP) entering the biological

treatment system determined using

the procedures in paragraph (j)(2) of

this section.

F(methanol) = The mass flow rate (kg/Mg

ODP) of methanol entering the

system determined using the

procedures in paragraph (j)(2) of

this section.

(2) Mass removal methanol

procedure. For the purposes of

complying with the condensate

treatment requirements specified in

§ 63.446(e)(2) and (4), or § 63.446(e)(2)

and (5), the methanol mass removal

shall be calculated using the following

equation:

FF r = ∗ b ( ) f MeOH ( ) ( ) + ( ) bio / . 1 1 087

Where:

F = Methanol mass removal (kg/Mg

ODP).

Fb = Inlet mass flow rate of methanol

(kg/Mg ODP) determined using the

procedures in paragraph (j)(2) of

this section.

fbio(MeOH) = The fraction of methanol

removed in the biological treatment

system. The site-specific biorate

constants shall be determined using

the appropriate procedures

specified in appendix C of this part.

r = Ratio of the sum of acetaldehyde,

methyl ethyl ketone, and

propionaldehyde mass to methanol

mass determined using the

procedures in paragraph (1) of this

section.

(3) The owner or operator of a

nonthoroughly mixed open biological

treatment system using the monitoring

requirements specified in § 63.453(p)(3)

shall follow the procedures specified in

section III.B.1 of appendix E of this part

to determine the borate constant, Ks,

and characterize the open biological

24270 Federal Register / Vol. 66, No. 93 / Monday, May 14, 2001 / Rules and Regulations

1 Judge Sentelle dissented, arguing that since the

early cessation requirement was in accord with the

express statutory command for compliance with

section 112 emission standards ‘‘as expeditiously as

practicable’’, it was not arbitrary and capricious.

CAA section 112(i)(3)(A), 42 U.S.C. 7412(i)(3)(A).

217 F.3d at 868–69.

treatment system during the initial and

any subsequent performance tests.

(m) * * *

(2) * * *

(ii) Compliance with the segregation

requirements specified in § 63.446(c)(3)

is demonstrated if the total HAP mass

determined in paragraph (m)(2)(i) of this

section is equal to or greater than the

appropriate mass requirements specified

in § 63.446(c)(3).

* * * * *

[FR Doc. 01–12048 Filed 5–11–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 63 and 270

[FRL–6978–4]

NESHAPS: Standards for Hazardous

Air Pollutants for Hazardous Waste

Combustors

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; Implementation of

court orders.

SUMMARY: In Chemical Manufacturers

Association v. EPA, 217 F. 3d 861 (D.C.

Cir. 2000), the court vacated the Notice

of Intent to Comply (NIC) provisions of

EPA’s rules relating to the standards for

hazardous waste combustors. Today’s

action takes the ministerial step of

removing these provisions from the

Code of Federal Regulations (CFR).

Since the vacated NIC provision is also

referenced in the permit modification

procedures of RCRA in Part 270, today’s

action modifies this reference as well. In

addition, at EPA’s request, the D.C.

Circuit vacated certain parameter limits

of baghouses and electrostatic

precipitators in order for EPA to solicit

further comment on these provisions.

CKRC v. EPA, no. 99–1457 (Order of

April 5, 2001). Today’s action likewise

takes the ministerial step of removing

these provisions from the CFR.

DATES: This rule is effective on May 14,

2001.

ADDRESSES: The official record (i.e., the

public docket) of this rulemaking is

identified as Docket Number F–2001–

RC3F–FFFFF, located in RCRA

Information Center (RIC), Office of Solid

Waste (5305G), U.S. Environmental

Protection Agency Headquarters (EPA

HQ), Ariel Rios Building, 1200

Pennsylvania Avenue, NW.,

Washington, DC 20460–0002. The RIC is

open from 9 am to 4 pm Monday

through Friday, excluding Federal

holidays. To review docket materials or

for information on accessing an

electronic copy of those materials,

please call 703–603–9230. You may

copy up to 100 pages from any

regulatory document at no charge.

Additional copies cost $ 0.15 per page.

FOR FURTHER INFORMATION CONTACT: For

general information, call the RCRA Call

Center at 1–800–424–9346 or TDD 1–

800–553–7672 (hearing impaired).

Callers within the Washington

Metropolitan Area must dial 703–412–

9810 or TDD 703–412–3323 (hearing

impaired). The RCRA Call Center is

open Monday–Friday, 9 am to 5 pm,

Eastern Standard Time. For more

information on specific aspects of this

rule, contact Mr. Shiva Garg at 703–

308–8459, garg.shiva@epa.gov, or write

him at the Office of Solid Waste,

5302W, U.S. EPA, Ariel Rios Building,

1200 Pennsylvania Avenue, NW.,

Washington, DC 20460.

SUPPLEMENTARY INFORMATION:

I. Vacatur of Requirements for Early

Cessation of Hazardous Waste Burning

In anticipation of establishing revised

emission standards for cement kilns and

incinerators burning hazardous waste,

EPA promulgated at 63 FR 33821–2

(June 19, 1998) that sources which elect

to stop burning hazardous waste rather

than comply with the new emission

standards must do so within two years

of the effective date of the emission

standards (the so-called ‘‘early

cessation’’ requirement). These

regulations were later recodified as 40

CFR 63.1206(a)(2)(i) and 1211(b)(2)(iii)

and (5), at 64 FR 53038, September 30,

1999. Sources that continued to burn

hazardous wastes but seek to comply

with the new emission limits, such as

by improving their emission control

capabilities, have three years to comply.

40 CFR 63.1206(a)(1). Both methods of

compliance were implemented by

submission of two reporting

requirements: a Notification of Intent to

Comply (‘‘NIC’’), and a Progress Report.

40 CFR 63.1210(b), 63.1211(b), and

63.1212.

In the case of sources intending to

comply by meeting the emission

standards, submittal of a NIC is a

condition required for eligibility for

accelerated modification of the source’s

existing permit under the Resource

Conservation and Recovery Act

(‘‘RCRA’’). 40 CFR 70.42(j)(1). These

accelerated permit modifications (socalled ‘‘Class I modifications’’) allow

sources to modify their existing

hazardous waste permits issued

pursuant to RCRA by simply submitting

an application to the permitting

authority rather than waiting for prior

Agency approval and going through

public hearings (63 FR 33803, June 19,

1998). Permit modifications are

necessary because, unless modified,

existing RCRA permits limit the ability

of sources to modify their design or

operation, and such modifications may

be necessary to comply with the Clean

Air Act emission standards. Id.

Accelerated permit modifications are

needed (where modifications are needed

at all) because usual permit

modification procedures entail prior

agency approval and public hearings, an

often lengthy process which could

preclude compliance with the emission

standards within the three years

allowed (with a possible one-year

extension) under section 112(i)(3) of the

Clean Air Act (42 U.S.C. 7412(i)(3),

forcing facilities to choose between

violating RCRA and violating the Clean

Air Act. EPA therefore amended its

permitting rules to use the accelerated

Class I modification procedures to

amend permits to allow sources to make

technology changes—such as

installation of new air pollution control

devices or process modifications—

needed to comply with the new air

emission standards, provided, as noted

above, that the ‘‘[f]acility * * * must

comply with the Notification of Intent to

Comply (NIC) requirements * * *

before a permit modification can be

requested under this section.’’ 40 CFR

270.42(j)(1) and Appendix I, entry L (9)

to § 270.42.

In Chemical Manufacturers Ass’n v.

EPA, 217 F. 3d 861 (D.C. Cir. 2000) the

panel majority held that EPA possesses

legal authority to impose an early

cessation requirement, but held further

that the agency had impermissibly

interpreted the statute to allow it to

impose the requirement without a

showing that it would lead to human

health or environmental benefit

(benefits such as ‘‘the amount of

hazardous waste produced, the amount

of hazardous waste burned, or the levels

of hazardous air pollutant emissions’’).

217 F. 3d at 865, 866–67.1 The Court

therefore vacated the early cessation

requirement. The Court further held that

because it could not determine whether

EPA would have promulgated the NIC

and Progress Report reporting

requirements absent an early cessation

provision, the provisions were so