
[Federal Register: December 4, 2009 (Volume 74, Number 232)]
[Rules and Regulations]               
[Page 63613-63616]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04de09-24]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-RO4-OAR-2009-0793; FRL-9089-2]

 
Approval of Section 112(l) Authority for Hazardous Air 
Pollutants; Equivalency by Permit Provisions; National Emission 
Standards for Hazardous Air Pollutants; Plywood and Composite Wood 
Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On August 26, 2003, the EPA published in the Federal Register 
a direct final rule to approve the North Carolina Department of 
Environment and Natural Resource's (NC DENR) equivalency by permit 
program, pursuant to section 112(l) of the Clean Air Act, to implement 
and enforce State permit terms and conditions that substitute for the 
National Emissions Standards for Hazardous Air Pollutants from the pulp 
and paper industry for the International Paper Riegelwood mill in 
Riegelwood, North Carolina. Then, on April 12, 2004, the EPA published 
in the Federal Register a direct final rule to amend the August 26, 
2003, direct final rule in order to extend its coverage to include an 
additional four mills in North Carolina. This action is taken to once 
again amend the August 26, 2003, direct final rule in order to expand 
the NC DENR equivalency by permit program coverage to include all 32 
sources in North Carolina subject to the plywood and composite wood 
products rule.

DATES: This direct final rule is effective February 2, 2010 without 
further notice, unless EPA receives adverse comment by January 4, 2010. 
If adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-RO4-
OAR-2009-0793 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: page.lee@epa.gov.
    3. Fax: 404-562-9095.
    4. Mail: ``EPA-R04-OAR-2009-0793'', Air Toxics Assessment and 
Implementation Section, Air Toxics and Monitoring Branch, Air 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960.
    5. Hand Delivery or Courier: Lee Page, Air Toxics and Monitoring 
Branch, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only 
accepted during the Regional Office's normal hours of operation. The 
Regional Office's official hours of business are Monday through Friday, 
8:30 a.m. to 4:30 p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-RO4-OAR-
2009-0793. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://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 through http://
www.regulations.gov or e-mail, information that you consider to be CBI 
or otherwise protected. The http://www.regulations.gov Web site is an 
``anonymous access'' systems, 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 http://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

[[Page 63614]]

Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in http://
www.regulations.gov or in hard copy at the Air Toxics Assessment and 
Implementation Section, Air Toxics and Monitoring Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960. EPA requests that if at all possible, you contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lee Page, Air Toxics Assessment and 
Implementation Section, Air Toxics and Monitoring Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960. The telephone number is (404) 562-9131. Mr. Page can also 
be reached via electronic mail at page.lee@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On April 15, 1998, the Environmental Protection Agency (EPA) 
promulgated the National Emission Standards for Hazardous Air 
Pollutants from the Pulp and Paper Industry (see 63 FR 18504) which was 
codified in 40 CFR part 63, subpart S, ``National Emission Standards 
for Hazardous Air Pollutants from the Pulp and Paper Industry.'' 
Subsequently, on January 12, 2001, EPA promulgated the National 
Emission Standard for Hazardous Air Pollutants from the Pulp and Paper 
Industry (see 66 FR 3180) which has been codified in 40 CFR part 63, 
subpart MM, ``National Emission Standards for Chemical Recovery 
Combustion Sources at Kraft, Soda, Sulfite and Stand-alone Semi-
chemical Pulp Mills.''
    On March 4, 2003, the North Carolina Department of Environment and 
Natural Resources (NC DENR) requested approval of their program to 
implement and enforce approved alternative title V permit terms and 
conditions for certain sources in place of the otherwise applicable 
requirements of subpart S and subpart MM under the equivalency by 
permit process outlined in 40 CFR section 63.94.
    On August 26, 2003, the EPA published in the Federal Register a 
direct final rule to approve the NC DENR equivalency by permit program, 
pursuant to section 112(l) of the Clean Air Act, to implement and 
enforce State permit terms and conditions that substitute for subpart S 
and subpart MM, for the International Paper Riegelwood Mill in 
Riegelwood, North Carolina.
    On February 6, 2004, NC DENR requested that EPA amend the list of 
approved facilities to implement and enforce approved alternative title 
V permit terms and conditions in place of the otherwise applicable 
requirements of subpart S and subpart MM to include four additional 
mills. This request was approved by EPA and published in the Federal 
Register on April 12, 2004.
    On September 21, 2009, NC DENR requested that EPA amend the 
original equivalency by permit program approval (i.e., the August 26, 
2003, program approval) to expand its coverage to all 32 sources 
subject to the National Emission Standard for Hazardous Air Pollutants-
Plywood and Composite Wood Products, as promulgated on July 30, 2004, 
and codified in 40 CFR Part 63, subpart DDDD. EPA received this request 
on September 25, 2009.

II. Discussion

    Under CAA section 112(l), EPA may approve State or local rules or 
programs to be implemented and enforced in place of certain otherwise 
applicable CAA section 112 Federal rules, emission standards, or 
requirements. The Federal regulations governing EPA's approval of state 
and local rules or programs under section 112(l) are located at 40 CFR 
part 63, subpart E (see 65 FR 55810, dated September 14, 2000). Under 
these regulations, a state or local air pollution control agency has 
the option to request EPA's approval to substitute alternative 
requirements and authorities that take the form of permit terms and 
conditions instead of source category regulations. This option is 
referred to as the equivalency by permit (EBP) option. To receive EPA 
approval using this option, the requirements of 40 CFR 63.91 and 63.94 
must be met.
    The EBP process comprises three steps. The first step (see 40 CFR 
63.94(a) and (b)) is the ``up-front approval'' of the state EBP 
program. The second step (see 40 CFR 63.94(c) and (d)) is EPA review 
and approval of the state alternative section 112 requirements in the 
form of pre-draft permit terms and conditions. The third step (see 40 
CFR 63.94(e)) is incorporation of the approved pre-draft permit terms 
and conditions into a specific title V permit and the title V permit 
issuance process itself. The final approval of the State alternative 
requirements that substitute for the Federal standard does not occur 
for purposes of the Act, section 112(l)(5), until the completion of 
step three.
    The purpose of step one, the ``up-front approval'' of the EBP 
program, is three fold: (1) It ensures that NC DENR meets the 63.91(b) 
criteria for up-front approval common to all approval options; (2) it 
provides a legal foundation for NC DENR to replace the otherwise 
applicable Federal section 112 requirements with alternative, federally 
enforceable requirements that will be reflected in final title V permit 
terms and conditions; and (3) it delineates the specific sources and 
Federal emission standards for which NC DENR will be accepting 
delegation under the EBP option.
    Under Sec. Sec.  63.94(b) and 63.91, NC's request for EBP program 
approval was required to include the identification of the sources and 
the source categories for which the state is seeking authority to 
implement and enforce alternative requirements, as well as a one time 
demonstration that the State has an approved title V operating permit 
program that permits the affected sources. There are no limitations on 
the number of sources in a source category for which the State can seek 
authority to implement and enforce alternative requirements.

III. Final Action

    After reviewing the request to expand the coverage of NC DENR's EBP 
program for subpart DDDD, EPA has determined that this request meets 
all the requirements necessary to qualify for approval under CAA 
section 112(l) and 40 CFR 63.91 and 63.94. Accordingly, EPA approves NC 
DENR's request to implement and enforce alternative requirements in the 
form of title V permit terms and conditions for New South Lumber 
Company, Inc. Graham Plant, Alamance County, North Carolina; HDM 
Furniture Industries, Inc., Henredon Furniture Plant 1 & 2, Burke 
County, North Carolina; Kohler Co., DBA Baker Furniture, Burke County, 
North Carolina; Bernhardt Furniture Company Plants 3 & 7, Caldwell 
County, North Carolina; Thomasville Furniture Industries, Inc., Lenoir 
Plant, Caldwell County, North

[[Page 63615]]

Carolina; Kincaid Furniture Company, Inc., Plant No. 1, Caldwell 
County, North Carolina; Hickory Chair Company, Catawba County, North 
Carolina; Uniboard USA LLC, Chatham County, North Carolina; Georgia 
Pacific Whiteville Plant, Columbus County, North Carolina; West Fraser, 
Inc., Armour Lumber Mill, Columbus County, North Carolina; Weyerhaeuser 
NR Company, New Bern Lumber Facility, Craven County, North Carolina; 
Linwood Furniture, Inc., Davidson County, North Carolina; Warvel 
Products, Inc., Davidson County, North Carolina; Thomasville Furniture 
Industries, Inc., Plant C/M/W/SB, Davidson County, North Carolina; 
Lexington Furniture Inc., Plant 5, Davidson County, North Carolina; 
Stanley Furniture Company, Inc., Graham County, North Carolina; Georgia 
Pacific, Creedmoor Chip-N-Saw Plant, Granville County, North Carolina; 
JELD-WEN, Inc., McDowell County, North Carolina; Weyerhaeuser NR 
Company, Martin County, North Carolina; Jordan Lumber & Supply Co., 
Montgomery County, North Carolina; Troy Lumber Co., Montgomery County, 
North Carolina; Unilin Flooring N.V., Montgomery County, North 
Carolina; West Fraser, Seaboard Lumber Mill, Northampton County, North 
Carolina; Georgia Pacific Roxboro, Person County, North Carolina; 
Louisiana Pacific Corp., Roxboro, Person County, North Carolina; 
Weyerhaeuser Company, Grifton, Pitt County, North Carolina; Vaughan 
Bassett Furniture Co., Elkin Furniture, Surry County, North Carolina; 
Weyerhaeuser NR Company, Elkin Facility, Surry County, North Carolina; 
Georgia Pacific Plywood/OSB/CNS, Dudley, Wayne County, North Carolina; 
Louisiana Pacific Corp., Roaring River, Wilkes County, North Carolina; 
and American Drew, Inc., Plant 13, Wilkes County, North Carolina, for 
subpart DDDD. This action is contingent upon NC DENR including in title 
V permits, terms and conditions that are no less stringent than the 
Federal standard. In addition, the requirement applicable to the 
sources and the ``applicable requirement'' for title V purposes remains 
the Federal section 112 requirement until EPA has approved the 
alternative permit terms and conditions and the final title V permit is 
issued.
    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the section 112(l) 
provisions should adverse comments be filed. This rule will be 
effective February 2, 2010 without further notice unless the Agency 
receives adverse comments by January 4, 2010.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on February 2, 2010 and no 
further action will be taken on the proposed rule. Please note that if 
we receive adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, we may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a section 
112(l) delegation request that complies with the provisions of the Act 
and applicable Federal regulations. Thus, in reviewing section 112(l) 
submissions, EPA's role is to approve State choices, provided that they 
meet the criteria of the CAA. Accordingly, this action merely expands 
the previous EPA approved State program under section 112(l) and does 
not impose additional requirements beyond those imposed by state law. 
For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
action is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    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. EPA will submit a report containing this action 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by February 2, 2010. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the Proposed 
Rules section of today's Federal Register, rather than

[[Page 63616]]

file an immediate petition for judicial review of this direct final 
rule, so that EPA can withdraw this direct final rule and address the 
comment in the proposed rulemaking. This action may not be challenged 
later in proceedings to enforce its requirements. (See section 
307(b)(2).)

List of Subjects in 40 CFR Part 63

    Administrative practice and procedure, Air pollution control, 
National Emission Standards for Hazardous Air Pollutants, Hazardous air 
pollutants.

    Dated: November 16, 2009.
J. Scott Gordon,
Acting Regional Administrator, Region 4.

0
Title 40, chapter I, part 63 of the Code of Federal Regulations is 
amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart E--Approval of State Programs and Delegation of Federal 
Authorities

0
2. Section 63.99 is amended by adding a new paragraph (a)(34)(iii) to 
read as follows:


Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (34) * * *
    (iii) North Carolina Department of Environment and Natural 
Resources (NC DENR) may implement and enforce alternative requirements 
in the form of title V permit terms and conditions for New South Lumber 
Company, Inc. Graham Plant, Alamance County, North Carolina; HDM 
Furniture Industries, Inc., Henredon Furniture Plant 1 & 2, Burke 
County, North Carolina; Kohler Co., DBA Baker Furniture, Burke County, 
North Carolina; Bernhardt Furniture Company Plants 3 & 7, Caldwell 
County, North Carolina; Thomasville Furniture Industries, Inc., Lenoir 
Plant, Caldwell County, North Carolina; Kincaid Furniture Company, 
Inc., Plant No. 1, Caldwell County, North Carolina; Hickory Chair 
Company, Catawba County, North Carolina; Uniboard USA LLC, Chatham 
County, North Carolina; Georgia Pacific Whiteville Plant, Columbus 
County, North Carolina; West Fraser, Inc., Armour Lumber Mill, Columbus 
County, North Carolina; Weyerhaeuser NR Company, New Bern Lumber 
Facility, Craven County, North Carolina; Linwood Furniture, Inc., 
Davidson County, North Carolina; Warvel Products, Inc., Davidson 
County, North Carolina; Thomasville Furniture Industries, Inc., Plant 
C/M/W/SB, Davidson County, North Carolina; Lexington Furniture Inc., 
Plant 5, Davidson County, North Carolina; Stanley Furniture Company, 
Inc., Graham County, North Carolina; Georgia Pacific, Creedmoor Chip-N-
Saw Plant, Granville County, North Carolina; JELD-WEN, Inc., McDowell 
County, North Carolina; Weyerhaeuser NR Company, Martin County, North 
Carolina; Jordan Lumber & Supply Co., Montgomery County, North 
Carolina; Troy Lumber Co., Montgomery County, North Carolina; Unilin 
Flooring N.V., Montgomery County, North Carolina; West Fraser, Seaboard 
Lumber Mill, Northampton County, North Carolina; Georgia Pacific 
Roxboro, Person County, North Carolina; Louisiana Pacific Corp., 
Roxboro, Person County, North Carolina; Weyerhaeuser Company, Grifton, 
Pitt County, North Carolina; Vaughan Bassett Furniture Co., Elkin 
Furniture, Surry County, North Carolina; Weyerhaeuser NR Company, Elkin 
Facility, Surry County, North Carolina; Georgia Pacific Plywood/OSB/
CNS, Dudley, Wayne County, North Carolina; Louisiana Pacific Corp., 
Roaring River, Wilkes County, North Carolina; and American Drew, Inc., 
Plant 13, Wilkes County, North Carolina, for subpart DDDD of this Part-
National Emissions Standards for Hazardous Air Pollutants: Plywood and 
Composite Wood Products. This action is contingent upon NC DENR 
including, in title V permits, terms and conditions that are no less 
stringent than the Federal standard. In addition, the requirements 
applicable to the sources remain the Federal section 112 requirements 
until EPA has approved the alternative permit terms and conditions and 
the final title V permit is issued.
* * * * *
[FR Doc. E9-28969 Filed 12-3-09; 8:45 am]

BILLING CODE 6560-50-P
