
[Federal Register: June 23, 2010 (Volume 75, Number 120)]
[Notices]               
[Page 35792-35795]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn10-73]                         

=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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: a-and-r-docket@epa.gov
     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: 
schrock.bill@epa.gov.

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:
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

     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.

------------------------------------------------------------------------
                                                                  NAICS
               Category                       Description          Code
------------------------------------------------------------------------
Industry.............................  Pulp Mills..............    32211
                                       Paper Mills.............    32212
                                       Paperboard Mills........    32213
------------------------------------------------------------------------

    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]
BILLING CODE 6560-50-P

