[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Proposed Rules]
[Pages 81328-81358]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32843]
[[Page 81327]]
Vol. 76
Tuesday,
No. 248
December 27, 2011
Part VIII
Environmental Protection Agency
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40 CFR Part 63
National Emission Standards for Hazardous Air Pollutants From the Pulp
and Paper Industry; Proposed Rule
Federal Register / Vol. 76 , No. 248 / Tuesday, December 27, 2011 /
Proposed Rules
[[Page 81328]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2007-0544; FRL-9609-8]
RIN 2060-AQ41
National Emission Standards for Hazardous Air Pollutants From the
Pulp and Paper Industry
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA is proposing amendments to the national emission
standards for hazardous air pollutants for the pulp and paper industry
to address the results of the residual risk and technology review that
the EPA is required to conduct under sections 112(d)(6) and (f)(2) of
the Clean Air Act. These proposed amendments include revisions to the
kraft pulping process condensates standards; a requirement for 5-year
repeat emissions testing for selected process equipment; revisions to
provisions addressing periods of startup, shutdown and malfunction;
additional test methods for measuring methanol; and technical and
editorial changes.
DATES: Comments. Comments must be received on or before February 27,
2012. Under the Paperwork Reduction Act, comments on the information
collection provisions are best assured of having full effect if the
Office of Management and Budget receives a copy of your comments on or
before January 26, 2012.
Public Hearing. If anyone contacts the EPA requesting to speak at a
public hearing by January 6, 2012, a public hearing will be held on
January 11, 2012.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-HQ-
OAR-2007-0544, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
Agency Web site: http://www.epa.gov/oar/docket.html.
Follow the instructions for submitting comments on the EPA Air and
Radiation Docket Web site.
Email: a-and-r-docket@epa.gov. Include EPA-HQ-OAR-2007-
0544 in the subject line of the message.
Fax: Fax your comments to: (202) 566-9744, Attention
Docket ID Number EPA-HQ-OAR-2007-0544.
Mail: Send your comments to: EPA Docket Center (EPA/DC),
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460, Attention: Docket ID Number EPA-HQ-OAR-
2007-0544. Please include a total of two copies. In addition, please
mail a copy of your comments on the information collection provisions
to the Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th
Street NW., Washington, DC 20503.
Hand Delivery or Courier: In person or by courier, deliver
comments to the EPA Docket Center, EPA West (Air Docket), Room 3334,
1301 Constitution Ave. NW., Washington, DC 20460, Attention: Docket ID
Number EPA-HQ-OAR-2007-0544. Such deliveries are only accepted during
the Docket's normal hours of operation (8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays), and special arrangements
should be made for deliveries of boxed information. Please include two
copies.
Instructions. Direct your comments to Docket ID Number EPA-HQ-OAR-
2007-0544. The EPA 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 or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be confidential business information or otherwise protected
through http://www.regulations.gov or email. The http://www.regulations.gov Web site is an ``anonymous access'' system, which
means the EPA will not know your identity or contact information unless
you provide it in the body of your comment. If you send an email
comment directly to the EPA without going through http://www.regulations.gov, your email 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, the 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 the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the 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 the EPA public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket. The EPA has established a docket for this rulemaking under
Docket ID Number EPA-HQ-OAR-2007-0544. All documents in the docket are
listed in the http://www.regulations.gov index. Although listed in the
index, some information is not publicly available (e.g., confidential
business information or other information whose disclosure is
restricted by statute). Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available either electronically in
http://www.regulations.gov or in hard copy at the EPA Docket Center,
EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the EPA
Docket Center is (202) 566-1742.
Public Hearing. If a public hearing is held, it will begin at 10
a.m. on January 11, 2012 and will be held at the EPA campus in Research
Triangle Park, North Carolina, or at an alternate facility nearby.
Persons interested in presenting oral testimony or inquiring as to
whether a public hearing is to be held should contact Ms. Joan Rogers,
Office of Air Quality Planning and Standards, Sector Policies and
Programs Division, Natural Resources Group (E143-03), U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number: (919) 541-4487.
FOR FURTHER INFORMATION CONTACT: For questions about this proposed
action, contact Mr. John Bradfield, Office of Air Quality Planning and
Standards, (E143-03), Environmental Protection Agency, Research
Triangle Park, North Carolina 27711; telephone number: (919) 541-3062;
fax number: (919) 541-3470; and email address: bradfield.john@epa.gov.
For specific information regarding the risk modeling methodology,
contact Mr. James Hirtz, Health and Environmental Impacts Division
(C539-02), Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number: (919) 541-0881; fax number: (919) 541-0840;
and email address: hirtz.james@epa.gov. For information about the
applicability of the national emission standards for hazardous air
pollutants to a particular entity, contact the appropriate person
listed in Table 1 to this preamble.
[[Page 81329]]
Table 1--List of EPA Contacts for the NESHAP Addressed in This Proposed
Action
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NESHAP for: OECA Contact \1\ OAQPS Contacts \2\
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Pulp and Paper.................. Sara Ayres (202) John Bradfield
564-5391 (919) 541-3062
ayres.sara@epa.go bradfield.john@ep
v.. a.gov.
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\1\ EPA's Office of Enforcement and Compliance Assurance.
\2\ EPA's Office of Air Quality Planning and Standards.
SUPPLEMENTARY INFORMATION:
Preamble Acronyms and Abbreviations
Several acronyms and terms used to describe industrial processes,
data inventories and risk modeling are included in this preamble. While
this may not be an exhaustive list, to ease the reading of this
preamble and for reference purposes, the following terms and acronyms
are defined here:
ACGIH American Conference of Governmental Industrial Hygienists
ADAF Age-Dependent Adjustment Factors
AEGL Acute Exposure Guideline Levels
AERMOD Air dispersion model used by the HEM-3 model
ASME American Society of Mechanical Engineers
ATSDR Agency for Toxic Substances and Disease Registry
BACT Best Available Control Technology
BBDR Biologically-Based Dose-Response
CAA Clean Air Act
CalEPA California Environmental Protection Agency
CBI Confidential Business Information
CCA Clean Condensate Alternative
CD ROM Compact Disk Read Only Memory
CDX Central Data Exchange
CEEL Community Emergency Exposure Levels
CEMS Continuous Emissions Monitoring System
CFR Code of Federal Regulations
CIIT Chemical Industry Institute of Toxicology
EIA Economic Impact Analysis
EJ Environmental Justice
EPA Environmental Protection Agency
ERPG Emergency Response Planning Guidelines
ERT Electronic Reporting Tool
ft Feet
ft\3\ Cubic Feet
FTE Full-Time Equivalents
HAP Hazardous Air Pollutants
HEM-3 Human Exposure Model version 3
HI Hazard Index
HON Hazardous Organic National Emissions Standards for Hazardous Air
Pollutants
HQ Hazard Quotient
hr Hour
HVLC High Volume Low Concentration
ICR Information Collection Request
IRIS Integrated Risk Information System
ISIS Industrial Sectors Integrated Solution Model
km Kilometer
LAER Lowest Achievable Emission Rate
lb Pounds
LVHC Low Volume High Concentration
m\3\ Cubic Meters
MACT Maximum Achievable Control Technology
MACT Code Code within the NEI used to identify processes included in
a source category
MEK Methyl Ethyl Ketone
mg Milligrams
MIR Maximum Individual Risk
MRL Minimal Risk Level
NAC/AEGL National Advisory Committee for Acute Exposure Guideline
Levels for Hazardous Substances
NAICS North American Industry Classification System
NAS National Academy of Sciences
NATA National Air Toxics Assessment
NCASI National Council for Air and Stream Improvement
NEI National Emissions Inventory
NESHAP National Emissions Standards for Hazardous Air Pollutants
NIOSH National Institutes for Occupational Safety and Health
NRC National Research Council
NSPS New Source Performance Standard
NTTAA National Technology Transfer and Advancement Act of 1995
O&M Operation and Maintenance
OAQPS EPA's Office of Air Quality Planning and Standards
ODTP Oven-Dried Tons of Pulp
OECA EPA's Office of Enforcement and Compliance Assurance
OMB Office of Management and Budget
PB-HAP Hazardous air pollutants known to be persistent and bio-
accumulative in the environment
POM Polycyclic Organic Matter
ppm Parts Per Million
ppmw Parts Per Million by Weight
PRA Paperwork Reduction Act
QA Quality Assurance
QC Quality Control
RACT Reasonably Available Control Technology
RBLC RACT/BACT/LAER Clearinghouse
REL Reference Exposure Level
RFA Regulatory Flexibility Act
RfC Reference Concentration
RfD Reference Dose
RTR Residual Risk and Technology Review
SAB Science Advisory Board
SBA Small Business Administration
SCC Source Classification Code
Sec Second
SISNOSE Significant Impact on a Substantial Number of Small Entities
SOP Standard Operating Procedures
SSM Startup, Shutdown, and Malfunction
TOSHI Target Organ-Specific Hazard Index
TPY Tons Per Year
TRI Toxics Release Inventory
TRIM Total Risk Integrated Modeling System
TRIM.FaTE Fate, Transport and Environmental Exposure module of EPA's
Total Risk Integrated Modeling System
TTN Technology Transfer Network
UF Uncertainty Factor
UMRA Unfunded Mandates Reform Act of 1995
URE Unit Risk Estimate
VCS Voluntary Consensus Standards
VOC Volatile Organic Compound
WWW Worldwide Web
[mu]g Micrograms
Organization of This Document
The information in this preamble is organized as follows:
I. General Information
A. What is the statutory authority for this action?
B. Does this action apply to me?
C. Where can I get a copy of this document and other related
information?
D. What should I consider as I prepare my comments for the EPA?
II. Background
A. What is this source category and how did the MACT standard
regulate its HAP emissions?
B. What data collection activities were conducted to support
this action?
III. Analyses Performed
A. How did we estimate risks posed by the source category?
B. How did we consider the risk results in making decisions for
this proposal?
C. How did we perform the technology review?
D. What other issues are we addressing in this proposal?
IV. Analytical Results and Proposed Decisions
A. What are the results of the risk assessments?
B. What are our proposed decisions regarding risk acceptability
and ample margin of safety?
C. What are the results and proposed decisions based on our
technology review?
D. What other actions are we proposing?
E. Compliance Dates
V. Summary of Cost, Environmental and Economic Impacts
A. What are the affected sources?
B. What are the air quality impacts?
C. What are the cost impacts?
D. What are the economic impacts?
E. What are the benefits?
VI. Request for Comments
VII. Submitting Data Corrections
VIII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
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B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
I. General Information
A. What is the statutory authority for this action?
Section 112 of the CAA establishes a two-stage regulatory process
to address emissions of HAP from stationary sources. In the first
stage, after the EPA has identified categories of sources emitting one
or more of the HAP listed in CAA section 112(b), CAA section 112(d)
calls for us to promulgate NESHAP for those sources. ``Major sources''
are those that emit or have the potential to emit 10 tpy or more of a
single HAP or 25 tpy or more of any combination of HAP. For major
sources, these technology-based standards must reflect the maximum
degree of emissions reductions of HAP achievable (after considering
cost, energy requirements and nonair quality health and environmental
impacts) and are commonly referred to as MACT standards.
Maximum achievable control technology standards must require the
maximum degree of emissions reduction through the application of
measures, processes, methods, systems or techniques, including, but not
limited to, measures that: (A) Reduce the volume of or eliminate
pollutants through process changes, substitution of materials or other
modifications; (B) enclose systems or processes to eliminate emissions;
(C) capture or treat pollutants when released from a process, stack,
storage or fugitive emissions point; (D) are design, equipment, work
practice or operational standards (including requirements for operator
training or certification); or (E) are a combination of the above (CAA
section 112(d)(2)(A)-(E)). The MACT standards may take the form of
design, equipment, work practice or operational standards where the EPA
first determines either that: (A) A pollutant cannot be emitted through
a conveyance designed and constructed to emit or capture the
pollutants, or that any requirement for, or use of, such a conveyance
would be inconsistent with law; or (B) the application of measurement
methodology to a particular class of sources is not practicable due to
technological and economic limitations (CAA sections 112(h)(1)-(2)).
The MACT ``floor'' is the minimum control level allowed for MACT
standards promulgated under CAA section 112(d)(3) and may not be based
on cost considerations. For new sources, the MACT floor cannot be less
stringent than the emission control that is achieved in practice by the
best-controlled similar source. The MACT floors for existing sources
can be less stringent than floors for new sources, but they cannot be
less stringent than the average emissions limitation achieved by the
best-performing 12 percent of existing sources in the category or
subcategory (or the best-performing five sources for categories or
subcategories with fewer than 30 sources). In developing MACT
standards, we must also consider control options that are more
stringent than the floor. We may establish standards more stringent
than the floor based on the consideration of the cost of achieving the
emissions reductions, any nonair quality health and environmental
impacts and energy requirements.
The EPA is then required to review these technology-based standards
and to revise them ``as necessary (taking into account developments in
practices, processes, and control technologies)'' no less frequently
than every 8 years, under CAA section 112(d)(6). In conducting this
review, the EPA is not obliged to completely recalculate the prior MACT
determination and, in particular, is not obligated to recalculate the
MACT floors. NRDC v. EPA, 529 F.3d 1077, 1084 (DC Cir., 2008).
The second stage in standard-setting focuses on reducing any
remaining ``residual'' risk according to CAA section 112(f). This
provision requires, first, that the EPA prepare a Report to Congress
discussing (among other things) methods of calculating the risks posed
(or potentially posed) by sources after implementation of the MACT
standards, the public health significance of those risks, and the EPA's
recommendations as to legislation regarding such remaining risk. The
EPA prepared and submitted this report (Residual Risk Report to
Congress, EPA-453/R-99-001) in March 1999. Congress did not act in
response to the report, thereby triggering the EPA's obligation under
CAA section 112(f)(2) to analyze and address residual risk.
Section 112(f)(2) of the CAA requires us to determine, for source
categories subject to certain MACT standards, whether those emissions
standards provide an ample margin of safety to protect public health.
If the MACT standards apply to a source category emitting a HAP that is
``classified as a known, probable, or possible human carcinogen do not
reduce lifetime excess cancer risks to the individual most exposed to
emissions from a source in the category or subcategory to less than one
in one million,'' the EPA must promulgate residual risk standards for
the source category (or subcategory) as necessary to provide an ample
margin of safety to protect public health (CAA section 112(f)(2)(A)).
This requirement is procedural. It mandates that the EPA establish CAA
section 112(f) residual risk standards if certain risk thresholds are
not satisfied but does not determine the level of those standards. NRDC
v. EPA, 529 F. 3d at 1083. The second sentence of CAA section 112(f)(2)
sets out the substantive requirements for residual risk standards:
Protection of public health with an ample margin of safety based on the
EPA's interpretation of this standard in effect at the time of the CAA
amendments. Id. This refers to the Benzene NESHAP, described in the
next paragraph. The EPA may adopt residual risk standards equal to
existing MACT standards (or to standards adopted after the technology
review required by CAA section 112(d)(6)) if the EPA determines that
the existing standards are sufficiently protective, even if (for
example) excess cancer risks to a most exposed individual are not
reduced to less than 1 in 1 million. Id. at 1083, (``If EPA determines
that the existing technology-based standards provide an `ample margin
of safety,' then the Agency is free to readopt those standards during
the residual risk rulemaking''). Section 112(f)(2) of the CAA further
authorizes the EPA to adopt more stringent standards, if necessary,
``to prevent, taking into consideration costs, energy, safety and other
relevant factors, an adverse environmental effect.'' \1\
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\1\ ``Adverse environmental effect'' is defined in CAA section
112(a)(7) as any significant and widespread adverse effect, which
may be reasonably anticipated to wildlife, aquatic life, or natural
resources, including adverse impacts on populations of endangered or
threatened species or significant degradation of environmental
qualities over broad areas.
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As just noted, CAA section 112(f)(2) expressly preserves our use of
the two-step process for developing standards to address any residual
risk and our
[[Page 81331]]
interpretation of ``ample margin of safety'' developed in the National
Emission Standards for Hazardous Air Pollutants: Benzene Emissions from
Maleic Anhydride Plants, Ethylbenzene/Styrene Plants, Benzene Storage
Vessels, Benzene Equipment Leaks, and Coke By-Product Recovery Plants
(Benzene NESHAP) (54 FR 38044, September 14, 1989). The first step in
this process is the determination of acceptable risk. The second step
provides for an ample margin of safety to protect public health, which
is the level at which the standards are set (unless a more stringent
standard is required to prevent, taking into consideration costs,
energy, safety and other relevant factors, an adverse environmental
effect).
The terms ``individual most exposed,'' ``acceptable level,'' and
``ample margin of safety'' are not specifically defined in the CAA.
However, CAA section 112(f)(2)(B) preserves the EPA's interpretation
set out in the Benzene NESHAP, and the Court in NRDC v. EPA concluded
that the EPA's interpretation of CAA section 112(f)(2) is a reasonable
one. See NRDC v. EPA, 529 F.3d at 1083 (D. C. Cir. 2008), which says
``[S]ubsection 112(f)(2)(B) expressly incorporates EPA's interpretation
of the Clean Air Act from the Benzene standard, complete with a
citation to the Federal Register.'' See also, A Legislative History of
the Clean Air Act Amendments of 1990, volume 1, p. 877 (Senate debate
on Conference Report). We also notified Congress in the Residual Risk
Report to Congress that we intended to use the Benzene NESHAP approach
in making CAA section 112(f) residual risk determinations (EPA-453/R-
99-001, p. ES-11).
In the Benzene NESHAP, we stated as an overall objective:
* * * in protecting public health with an ample margin of safety, we
strive to provide maximum feasible protection against risks to
health from hazardous air pollutants by: (1) protecting the greatest
number of persons possible to an individual lifetime risk level no
higher than approximately 1 in 1 million; and (2) limiting to no
higher than approximately 1 in 10 thousand [i.e., 100 in 1 million]
the estimated risk that a person living near a facility would have
if he or she were exposed to the maximum pollutant concentrations
for 70 years.
The agency also stated that, ``The EPA also considers incidence
(the number of persons estimated to suffer cancer or other serious
health effects as a result of exposure to a pollutant) to be an
important measure of the health risk to the exposed population.
Incidence measures the extent of health risks to the exposed population
as a whole, by providing an estimate of the occurrence of cancer or
other serious health effects in the exposed population.'' The agency
went on to conclude that ``estimated incidence would be weighed along
with other health risk information in judging acceptability.'' As
explained more fully in our Residual Risk Report to Congress, the EPA
does not define ``rigid line[s] of acceptability,'' but rather
considers broad objectives to be weighed with a series of other health
measures and factors (EPA-453/R-99-001, p. ES-11). The determination of
what represents an ``acceptable'' risk is based on a judgment of ``what
risks are acceptable in the world in which we live'' (Residual Risk
Report to Congress, p. 178, quoting the D.C. Circuit's en banc Vinyl
Chloride decision at 824 F.2d 1165) recognizing that our world is not
risk-free.
In the Benzene NESHAP, we stated that ``EPA will generally presume
that if the risk to [the maximum exposed] individual is no higher than
approximately 1 in 10 thousand, that risk level is considered
acceptable.'' 54 FR 38045. We discussed the maximum individual lifetime
cancer risk as being ``the estimated risk that a person living near a
plant would have if he or she were exposed to the maximum pollutant
concentrations for 70 years.'' Id. We explained that this measure of
risk ``is an estimate of the upper bound of risk based on conservative
assumptions, such as continuous exposure for 24 hours per day for 70
years.'' Id. We acknowledge that maximum individual lifetime cancer
risk ``does not necessarily reflect the true risk, but displays a
conservative risk level which is an upper-bound that is unlikely to be
exceeded.'' Id.
Understanding that there are both benefits and limitations to using
maximum individual lifetime cancer risk as a metric for determining
acceptability, we acknowledged in the 1989 Benzene NESHAP that
``consideration of maximum individual risk * * * must take into account
the strengths and weaknesses of this measure of risk.'' Id.
Consequently, the presumptive risk level of 100 in 1 million (1 in 10
thousand) provides a benchmark for judging the acceptability of maximum
individual lifetime cancer risk, but does not constitute a rigid line
for making that determination. Id. Further, in the Benzene NESHAP, we
noted that, ``Particular attention will also be accorded to the weight
of evidence presented in the risk assessment of potential
carcinogenicity or other health effects of a pollutant. While the same
numerical risk may be estimated for an exposure to a pollutant judged
to be a known human carcinogen, and to a pollutant considered a
possible human carcinogen based on limited animal test data, the same
weight cannot be accorded to both estimates. In considering the
potential public health effects of the two pollutants, the Agency's
judgment on acceptability, including the MIR, will be influenced by the
greater weight of evidence for the known human carcinogen.'' Id. at
38046.
The agency also explained in the 1989 Benzene NESHAP the following:
``In establishing a presumption for MIR [maximum individual cancer
risk], rather than a rigid line for acceptability, the Agency intends
to weigh it with a series of other health measures and factors. These
include the overall incidence of cancer or other serious health effects
within the exposed population, the numbers of persons exposed within
each individual lifetime risk range and associated incidence within,
typically, a 50 km exposure radius around facilities, the science
policy assumptions and estimation uncertainties associated with the
risk measures, weight of the scientific evidence for human health
effects, other quantified or unquantified health effects, effects due
to co-location of facilities, and co-emission of pollutants.'' Id.
In some cases, these health measures and factors taken together may
provide a more realistic description of the magnitude of risk in the
exposed population than that provided by maximum individual lifetime
cancer risk alone. As explained in the Benzene NESHAP, ``[e]ven though
the risks judged ``acceptable'' by the EPA in the first step of the
Vinyl Chloride inquiry are already low, the second step of the inquiry,
determining an ``ample margin of safety,'' again includes consideration
of all of the health factors, and whether to reduce the risks even
further.'' Beyond that information, additional factors relating to the
appropriate level of control will also be considered, including costs
and economic impacts of controls, technological feasibility,
uncertainties, and any other relevant factors. Considering all of these
factors, the Agency will establish the standard at a level that
provides an ample margin of safety to protect the public health as
required by section 112.''
In NRDC v. EPA, 529 F.3d 1077, 1082 (D.C. Cir. 2008), the Court of
Appeals held that section 112(f)(2) ``incorporates EPA's
`interpretation' of the Clean Air Act from the Benzene Standard, and
the text of this provision draws no distinction between carcinogens and
non-carcinogens.'' Additionally, the
[[Page 81332]]
Court held there is nothing on the face of the statute that limits the
agency's section 112(f) assessment of risk to carcinogens. Id. at 1081-
82. In the NRDC case, the petitioners argued, among other things, that
section 112(f)(2)(B) applied only to non-carcinogens. The D.C. Circuit
rejected this position, holding that the text of that provision ``draws
no distinction between carcinogens and non-carcinogens,'' Id., and that
Congress' incorporation of the Benzene standard applies equally to
carcinogens and non-carcinogens.
In the ample margin of safety decision process, the agency again
considers all of the health risks and other health information
considered in the first step. Beyond that information, additional
factors relating to the appropriate level of control will also be
considered, including costs and economic impacts of controls,
technological feasibility, uncertainties and any other relevant
factors. Considering all of these factors, the agency will establish
the standard at a level that provides an ample margin of safety to
protect the public health, as required by CAA section 112(f). 54 FR
38046.
B. Does this action apply to me?
The regulated industrial source category that is the subject of
this proposal is listed in Table 2 of this preamble. Table 2 of this
preamble is not intended to be exhaustive, but rather provides a guide
for readers regarding the entities likely to be affected by this
proposed action. This standard, and any changes considered in this
rulemaking, would be directly applicable to affected sources. Federal,
state, local and tribal government entities are not affected by this
proposed action. As defined in the Source Category Listing Report
published by the EPA in 1992, 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 and paper or paperboard are manufactured on-site), non-
integrated mills (where either pulp or paper/paperboard are
manufactured on-site, but not both), and secondary fiber mills (where
waste paper is used as the primary raw material). Examples of pulping
methods include kraft, soda, sulfite, semi-chemical and mechanical.
Table 2--NESHAP and Industrial Source Categories Affected By This
Proposed Action
------------------------------------------------------------------------
NAICS code MACT code
Source category NESHAP \1\ \2\
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Pulp and Paper............... Pulp and Paper. 322 1626-1
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\1\ North American Industry Classification System.
\2\ Maximum Achievable Control Technology.
C. Where can I get a copy of this document and other related
information?
In addition to being available in the docket, an electronic copy of
this proposal will also be available on the WWW through the EPA's TNN.
Following signature by the EPA Administrator, a copy of this proposed
action will be posted on the TTN's policy and guidance page for newly
proposed or promulgated rules at the following address: http://www.epa.gov/ttn/atw/rrisk/rtrpg.html. The TTN provides information and
technology exchange in various areas of air pollution control.
Additional information is available on the RTR Web page at http://www.epa.gov/ttn/atw/rrisk/rtrpg.html. This information includes source
category descriptions and detailed emissions estimates and other data
that were used as inputs to the risk assessments.
D. What should I consider as I prepare my comments for the EPA?
Submitting CBI. Do not submit information containing CBI to the EPA
through http://www.regulations.gov or email. Clearly mark the part or
all of the information that you claim to be CBI. For CBI information on
a disk or CD ROM that you mail to the EPA, mark the outside of the disk
or CD ROM as CBI and then identify electronically within the disk or CD
ROM the specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket. If
you submit a CD ROM or disk that does not contain CBI, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and the EPA's
electronic public docket without prior notice. Information marked as
CBI will not be disclosed except in accordance with procedures set
forth in 40 CFR part 2. Send or deliver information identified as CBI
only to the following address: Roberto Morales, OAQPS Document Control
Officer (C404-02), Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711, Attention Docket ID Number EPA-HQ-OAR-2007-0544.
II. Background
A. What is this source category and how did the MACT standard regulate
its HAP emissions?
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 and paper or
paperboard are manufactured on-site), non-integrated mills (where
paper/paperboard or pulp are manufactured, but not both), and secondary
fiber mills (where waste paper is used as the primary raw material).
The pulp and paper production process includes 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-wood
processes.
The NESHAP from the pulp and paper Industry (or MACT rule) was
promulgated on April 15, 1998 (63 FR 18504) and codified at 40 CFR part
63, subpart S. As promulgated in 1998, the subpart S MACT standard
applies to major sources of 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. A separate NESHAP (40
CFR part 63, subpart MM) applicable to chemical recovery processes at
kraft, soda, sulfite and stand-alone semi-chemical pulp mills was
promulgated on January 12, 2001 (66 FR 3180). However, only subpart S
is undergoing the RTR that is the subject of this proposal.
This is the first in a series of rules being developed for the pulp
and paper
[[Page 81333]]
industrial sector. This proposal includes both a risk assessment and a
technology review of the emission sources in subpart S, as well as a
risk assessment of the whole facility. The whole facility risk
assessment includes emissions from the other sources in the pulp and
paper industrial sector: boilers covered under subpart DDDDD, chemical
recovery systems covered under subpart MM, various sources covered
under the NSPS for kraft pulp mills (40 CFR part 60, subpart BB), and
other applicable MACT emission sources. In the future, we will also
conduct a RTR for the subpart MM category, as well as a review of the
kraft pulp mills NSPS, subpart BB. When we conduct the RTR for the
subpart MM rule, subpart S emission sources will be included in the
facilitywide risk assessment.
According to results of the EPA's 2011 pulp and paper ICR, there
are a total of 171 major sources in the United States including:
111 major sources that carry out chemical wood pulping
(kraft, sulfite, soda or semi-chemical);
33 major sources that carry out mechanical, groundwood,
secondary fiber and non-wood pulping (without chemical wood pulping);
94 major sources that perform bleaching; and
156 major sources that manufacture paper or paperboard
products.
Facilities in the category perform at least one of several pulp and
papermaking operations (e.g., chemical pulping, bleaching and
papermaking; pulping and unbleached papermaking; etc.).
Subpart S includes numerical emission limits for pulping system
vents, pulping process condensates and bleaching system vents. The
control systems used by most mills to meet the subpart S emission
limits are as follows:
Pulping system vents--thermal oxidizers, power boilers,
lime kilns and recovery furnaces.
Pulping process condensates--steam strippers, biological
treatment and recycling to pulping equipment that is controlled by the
pulping vent standards.
Bleaching system vents--caustic scrubbers (for chlorinated
HAPs, other than chloroform) and process modifications to eliminate the
use of chlorine and hypochlorite.
Facilities that only purchase pre-consumer paper or paperboard
stock products and convert them into other products (i.e., converting
operations) are not part of the subpart S source category and are not
affected by today's action.
B. What data collection activities were conducted to support this
action?
In February 2011, the EPA issued an ICR, pursuant to CAA section
114, to United States pulp and paper manufacturers to gather
information needed to conduct the regulatory reviews required under CAA
sections 112(d)(6) and (f)(2). The ICR was divided into three parts,
with each part due on a different date. Part I requested available
information regarding subpart S process equipment, control devices,
pulp and paper production, bleaching and other aspects of facility
operations, to support the subpart S technology review and a later
review of the kraft pulp mills NSPS under 40 CFR part 60, subpart BB.
Part II requested updated inventory data for all pulp and paper
emission sources, to support the residual risk assessment for the pulp
and paper sector (including subparts S and MM) and to both supplement
and update the NEI for the source category. Part III requested
available information on subpart MM chemical recovery combustion
equipment, control devices, etc., to support a later subpart MM
technology review (which will include a source category and a
facilitywide risk assessment) and a subpart BB NSPS review. Responses
to all three parts of the ICR have been received and data from the
first two parts of the ICR have been compiled. The response rate for
the subpart S ICR was 100 percent.\2\
---------------------------------------------------------------------------
\2\ Part II of the ICR will be available for download on the RTR
Web page at: http://www.epa.gov/ttn/atw/rrisk/rtrpg.html.
---------------------------------------------------------------------------
III. Analyses Performed
In this section, we describe the analyses performed to support the
proposed decisions for the RTR for this source category.
A. How did we estimate risks posed by the source category?
The EPA conducted risk assessments that provided estimates of (1)
the MIR posed by the HAP emissions from the 171 pulp and paper mills in
the source category, (2) the distribution of cancer and noncancer risks
within the exposed populations, (3) the total cancer incidence, (4)
estimates of the maximum TOSHI for chronic exposures to HAP with the
potential to cause chronic noncancer health effects, (5) worst-case
screening estimates of HQ for acute exposures to HAP with the potential
to cause noncancer health effects, and (6) an evaluation of the
potential for adverse environmental effects. The risk assessments
consisted of seven primary steps, as discussed below.\3\ The methods
used to assess risks (as described in the seven primary steps below)
are consistent with those peer-reviewed by a panel of the EPA's SAB in
2009 and described in their peer review report issued in 2010; they are
also consistent with the key recommendations contained in that report.
---------------------------------------------------------------------------
\3\ The docket for this rulemaking contains the following
document which provides more information on the risk assessment
inputs and models: Draft Residual Risk Assessment for Pulp and Paper
Source Category.A27DE2.
---------------------------------------------------------------------------
1. Establishing the Nature and Magnitude of Actual Emissions and
Identifying the Emissions Release Characteristics
As discussed in section II.B of this preamble, we used data from
Part II of the pulp and paper ICR as the basis for the risk assessment.
Part II of the ICR, which concluded in June 2011, targeted facilities
that are major sources of HAP emissions and involved an update of pre-
populated NEI data spreadsheets (or creation of new NEI datasets). The
NEI is a database that contains information about sources that emit
criteria air pollutants, their precursors and HAP. The NEI database
includes estimates of actual annual air pollutant emissions from point
and volume sources; emission release characteristic data such as
emission release height, temperature, diameter, velocity and flow rate;
and location latitude/longitude coordinates.
The actual annual emissions data in the NEI database were based on
data from actual emissions tests and estimates of actual emissions
(based on emission factors) provided by subpart S sources surveyed in
Part II of the ICR. We received a comprehensive set of emissions test
data and emissions estimates that enabled us to conduct risk modeling
of detectable HAP emissions for all major source facilities in the pulp
and paper category.
Two substantial QA efforts were conducted on the Part II data in
order to create the modeling files needed for the residual risk
assessment, which included: (1) QA of the updated inventory
spreadsheets submitted by each mill prior to import into the compiled
database; and (2) QA and standardization of the compiled database.
We reviewed the NEI datasets to ensure that the major pulp and
paper processes and pollutants were included and properly identified,
to ensure that emissions from the various processes were allocated to
the correct source category (e.g., MACT code 1626-1), and to identify
emissions and other data anomalies that could affect risk
[[Page 81334]]
estimates. We also standardized the various codes (e.g., SCCs,
pollutant codes), eliminated duplicate records and checked geographic
coordinates. We reviewed emissions release parameters for data gaps and
errors, assigned the proper default parameters where necessary,
segregated the emission points into logical emission process groups and
ensured that fugitive release dimensions were specified or given
default values where necessary. We made changes based on available
information, including updated information voluntarily submitted by
pulp and paper mills.\4\
---------------------------------------------------------------------------
\4\ For more information, see the memorandum in the docket
titled, Inputs to the Pulp and Paper Industry October 2011 Residual
Risk Modeling.
---------------------------------------------------------------------------
We assigned emissions process groups to distinguish between
processes with related SCCs. For mills with VOC emissions data but no
HAP emissions data, we developed HAP-to-VOC ratios to estimate HAP
emissions, using HAP and VOC emission factors provided by NCASI.\5\
However, as noted above, most emissions factors were based on actual
tests or actual tests conducted at similar sources (see NCASI Technical
Bulletin No. 973).\6\ Additionally, the largest HAP emission compound
in the category, methanol, at approximately 86 percent of the HAP in
the category, is required to be quantified in each compliance test
referenced in the standard. Consequently, the greatest proportion of
HAP emissions at each facility are based on emission factors derived
from actual source specific tests.
---------------------------------------------------------------------------
\5\ Ibid.
\6\ A. Someshwar, NCASI. Compilation of ``Air Toxic'' and Total
Hydrocarbon Emissions Data for Pulp and Paper Mill Sources--A Second
Update. Technical Bulletin No. 973. February 2010.
---------------------------------------------------------------------------
For purposes of risk modeling, we reviewed emissions data for
chromium, mercury, POM and glycol ether in order to properly speciate
emissions. Chromium emissions were speciated as hexavalent chromium
(chromium VI) and trivalent chromium (chromium III).\7\ Mercury
emissions were speciated as particulate divalent mercury, gaseous
divalent mercury and elemental gaseous mercury.\8\ Total POM emissions
were speciated differently for each emission unit type (e.g., gas- or
oil-fired paper machine dryers) based on the most common POM compounds
emitted from that unit (e.g., phenanthrene, fluorene, pyrene,
fluoranthene and/or 2-methylnaphthalene). We speciated all total glycol
ether records as 1,2-dimethoxyethane, since this pollutant represents
99 percent of all emissions reported under the glycol ether compounds
category from pulp and paper emission sources.\9\ Acrolein emissions
were removed from the subpart S modeling file due to uncertainty in the
emissions estimates.\10\
---------------------------------------------------------------------------
\7\ For more information, see the memorandum in the docket
titled, Inputs to the Pulp and Paper Industry October 2011 Residual
Risk Modeling.
\8\ Ibid.
\9\ Ibid.
\10\ Ibid.
---------------------------------------------------------------------------
In addition, we reviewed facilitywide data included in the NEI
dataset from the EPA's TRI to ensure that combustion-related dioxin/
furan emissions were apportioned to the proper MACT code (0107 or 1626-
2). As expected, there were no dioxin/furan emissions data for subpart
S sources (MACT code 1626-1).\11\
---------------------------------------------------------------------------
\11\ Ibid.A27DE2.
---------------------------------------------------------------------------
The Part II NEI emissions dataset for the pulp and paper (subpart
S) source category shows 45,000 tpy of total HAP emissions from the 171
mills in the dataset. Methanol, acetaldehyde, cresol/cresylic acid
(mixed isomers), phenol, chloroform, formaldehyde, hydrochloric acid,
biphenyl, hexachloroethane, xylenes, propionaldehyde and 1,2,4-
trichlorobenzene account for the majority of the HAP emissions reported
for pulp and paper production (approximately 43,900 tpy, or 97
percent). The remaining 3 percent of the HAP, reported in lesser
quantities, include acetophenone, benzene, cumene, carbon disulfide,
chlorine, methyl isobutyl ketone, methylene chloride (dichloromethane),
naphthalene, styrene, tetrachloroethylene (perchloroethylene), toluene,
trichloroethylene and 56 others. Methanol, which accounts for about 86
percent of the total HAP mass emissions, is the HAP emitted by the
largest number of facilities, with methanol reported for 166 out of 171
mills in the dataset (or 97 percent). Emissions of the following PB-HAP
were identified in the emissions inventory for the pulp and paper
(subpart S) source category: cadmium compounds, lead compounds, mercury
compounds and POM. As a standard practice in conducting risk
assessments for source categories, the EPA conducts a two-step process:
(1) Are PB-HAPs being emitted; and (2) are they being released above
screening thresholds? If these releases are significantly above the
screening thresholds and the EPA has detailed information on the
releases and the site, a complete multipathway analysis of the site
will be conducted to estimate pathway risks for the source category.
Further information about the analysis performed for this category
follows in section III.B.4 of this preamble.
2. Establishing the Relationship Between Actual Emissions and MACT-
Allowable Emissions Levels
The available emissions data in the Part II NEI emissions dataset
include estimates of the mass of HAP actually emitted during the 2009
time period covered under the survey. These ``actual'' emissions levels
are often lower than the emissions levels that a facility might be
allowed to emit and still comply with the MACT standards. The emissions
levels allowed to be emitted by the MACT standards are referred to as
the ``MACT-allowable'' emissions levels. These represent the highest
emissions levels that could be emitted by the facility without
violating the MACT standards.
We discussed the use of both MACT-allowable and actual emissions in
the final Coke Oven Batteries residual risk rule (70 FR 19998-19999,
April 15, 2005) and in the proposed and final HON residual risk rules
(71 FR 34428, June 14, 2006, and 71 FR 76609, December 21, 2006,
respectively). In those previous actions, we noted that assessing the
risks at the MACT-allowable level is inherently reasonable since these
risks reflect the maximum level at which sources could emit while still
complying with the MACT standards. However, we also explained that it
is reasonable to consider actual emissions, where such data are
available, in both steps of the risk analysis, in accordance with the
Benzene NESHAP (54 FR 38044, September 14, 1989). It is reasonable to
consider actual emissions because sources typically seek to perform
better than required by emissions standards to provide an operational
cushion to accommodate the variability in manufacturing processes and
control device performance. Facilities' actual emissions may also be
significantly lower than MACT-allowable emissions for other reasons
such as state requirements, better performance of control devices than
required by the MACT standards or reduced production.
As described earlier in this section, actual emissions were based
on the Part II NEI emissions dataset. To estimate emissions at the
MACT-allowable level, we developed a ratio of MACT-allowable to actual
emissions for each source type for the facilities in the source
category. This ratio is based on the level of control required by the
subpart S MACT standards compared to the level of reported actual
emissions and available information from the Part I survey on the level
of control achieved by the emissions controls in use. For example, if
survey data indicated that
[[Page 81335]]
an emission point type was being controlled by 92 percent, while the
MACT standard required only 87 percent control, we would estimate that
MACT-allowable emissions from that emission point type could be as much
as 1.6 times higher (13 percent allowable emissions compared with 8
percent actually emitted), and the ratio of MACT-allowable to actual
would be 1.6:1 for this emission point type.\12\
---------------------------------------------------------------------------
\12\ Ibid.
---------------------------------------------------------------------------
After developing these ratios for each emission point type in this
source category, we next applied these ratios on an emission process
unit basis to the Part II actual emissions data to obtain risk
estimates based on MACT-allowable emissions.\13\
---------------------------------------------------------------------------
\13\ Ibid.
---------------------------------------------------------------------------
3. Conducting Dispersion Modeling, Determining Inhalation Exposures and
Estimating Individual and Population Inhalation Risks
Both long-term and short-term inhalation exposure concentrations
and health risks from the source category addressed in this proposal
were estimated using the HEM-3 human exposure model. The HEM-3 performs
three of the primary risk assessment activities listed above: (1)
Conducting dispersion modeling to estimate the concentrations of HAP in
ambient air, (2) estimating long-term and short-term inhalation
exposures to individuals residing within 50 km of the modeled sources,
and (3) estimating individual and population-level inhalation risks
using the exposure estimates and quantitative dose-response
information.
The dispersion model used by HEM-3 is AERMOD, which is one of the
EPA's preferred models for assessing pollutant concentrations from
industrial facilities.\14\ To perform the dispersion modeling and to
develop the preliminary risk estimates, HEM-3 draws on three data
libraries. The first is a library of meteorological data, which is used
for dispersion calculations. This library includes 1 year of hourly
surface and upper air observations for 130 meteorological stations,
selected to provide coverage of the United States and Puerto Rico. A
second library of United States Census Bureau census block \15\
internal point locations and populations provides the basis of human
exposure calculations based on the year 2000 U.S. Census. In addition,
for each census block, the census library includes the elevation and
controlling hill height which are also used in dispersion calculations.
A third library of pollutant unit risk factors and other health
benchmarks is used to estimate health risks. These risk factors and
health benchmarks are the latest values recommended by the EPA for HAP
and other toxic air pollutants. These values are available at http://www.epa.gov/ttn/atw/toxsource/summary.html and are discussed in more
detail later in this section.
---------------------------------------------------------------------------
\14\ U.S. EPA. Revision to the Guideline on Air Quality Models:
Adoption of a Preferred General Purpose (Flat and Complex Terrain)
Dispersion Model and Other Revisions (70 FR 68218, November 9,
2005).
\15\ A census block is generally the smallest geographic area
for which census statistics are tabulated.
---------------------------------------------------------------------------
In developing the risk assessment for chronic exposures, we used
the estimated annual average ambient air concentration of each of the
HAP emitted by each source for which we have emissions data in the
source category. The air concentrations at each nearby census block
centroid were primarily used as a surrogate for the chronic inhalation
exposure concentration for all the people who reside in that census
block. There were two exceptions to this. In those cases where we
identified census block centroids which were located on-site, these
centroids were re-assigned to a nearby residential location. In those
cases where nearby census blocks were abnormally large, additional
residential receptors were placed within those census blocks at
observable residences to ensure an adequate representation of chronic
risks to the nearby residences. We calculated the MIR for each facility
as the cancer risk associated with a continuous lifetime (24 hours per
day, 7 days per week and 52 weeks per year for a 70-year period)
exposure to the maximum concentration at the centroid of an inhabited
census block. Individual cancer risks were calculated by multiplying
the estimated lifetime exposure to the ambient concentration of each of
the HAP (in micrograms per cubic meter) by its URE, which is an upper
bound estimate of an individual's probability of contracting cancer
over a lifetime of exposure to a concentration of 1 microgram of the
pollutant per cubic meter of air. In general, for residual risk
assessments, we use URE values from the EPA's IRIS.\16\ For
carcinogenic pollutants without the EPA IRIS values, we look to other
reputable sources of cancer dose-response values, often using CalEPA
URE values, where available. In cases where new, scientifically
credible dose-response values have been developed in a manner
consistent with EPA guidelines and have undergone a peer review process
similar to that used by the EPA, we may use such dose-response values
in place of, or in addition to, other values, if appropriate.
---------------------------------------------------------------------------
\16\ The IRIS information is available at http://www.epa.gov/IRIS.
---------------------------------------------------------------------------
In 2004, the EPA determined that the CIIT cancer dose-response
value for formaldehyde (5.5 x 10-9 per [mu]g/m\3\) was based
on better science than the IRIS dose-response value (1.3 x
10-5 per [mu]g/m\3\), and we switched from using the IRIS
value to the CIIT value in risk assessments supporting regulatory
actions. Based on subsequent published research, however, the EPA
changed its determination regarding the CIIT model, and, in 2010, the
EPA returned to using the 1991 IRIS value. The NAS completed its review
of the EPA's draft assessment in April of 2011 (http://www.nap.edu/catalog.php?record id=13142), and the EPA has been working on revising
the formaldehyde assessment. The EPA will follow the NAS Report
recommendations and will present results obtained by implementing the
BBDR model for formaldehyde. The EPA will compare these estimates with
those currently presented in the External Review draft of the
assessment and will discuss their strengths and weaknesses. As
recommended by the NAS committee, appropriate sensitivity and
uncertainty analyses will be an integral component of implementing the
BBDR model. The draft IRIS assessment will be revised in response to
the NAS peer review and public comments and the final assessment will
be posted on the IRIS database. In the interim, we will present
findings using the 1991 IRIS value as a primary estimate and may also
consider other information as the science evolves.
We note here that POM, a carcinogenic HAP with a mutagenic mode of
action, is emitted by some of the facilities in this category.\17\ For
this compound,\18\ the ADAF described in the EPA's Supplemental
Guidance for Assessing Susceptibility from Early-Life Exposure to
Carcinogens \19\ were applied. This adjustment has the effect of
increasing the estimated lifetime risks for this pollutant by a factor
of 1.6. In addition, although only a small fraction
[[Page 81336]]
of the total POM emissions were not reported as individual compounds,
the EPA expresses carcinogenic potency for compounds in this group in
terms of benzo[a]pyrene equivalence, based on evidence that
carcinogenic POM has the same mutagenic mechanism of action as does
benzo[a]pyrene. For this reason, the EPA's Science Policy Council \20\
recommends applying the Supplemental Guidance to all carcinogenic
polycyclic aromatic hydrocarbons for which risk estimates are based on
relative potency. Accordingly, we have applied the ADAF to the
benzo[a]pyrene equivalent portion of all POM mixtures.
---------------------------------------------------------------------------
\17\ U.S. EPA, 2006. Performing risk assessments that include
carcinogens described in the Supplemental Guidance as having a
mutagenic mode of action. Science Policy Council Cancer Guidelines
Implementation Work Group Communication II: Memo from W.H. Farland,
dated June 14, 2006.
\18\ See the Risk Assessment for Source Categories document
available in the docket for a list of HAP with a mutagenic mode of
action.
\19\ U.S. EPA, 2005. Supplemental Guidance for Assessing Early-
Life Exposure to Carcinogens. EPA/630/R-03/003F. http://www.epa.gov/ttn/atw/childrens_supplement_final.pdf.
\20\ U.S. EPA, 2006. Science Policy Council Cancer Guidelines
Implementation Workgroup Communication II: Memo from W.H. Farland,
dated June 14, 2006.
---------------------------------------------------------------------------
Incremental individual lifetime cancer risks associated with
emissions from the source category were estimated as the sum of the
risks for each of the carcinogenic HAP (including those classified as
carcinogenic to humans, likely to be carcinogenic to humans and
suggestive evidence of carcinogenic potential \21\) emitted by the
modeled source. Cancer incidence and the distribution of individual
cancer risks for the population within 50 km of the source were also
estimated for the source category as part of these assessments by
summing individual risks. A distance of 50 km is consistent with both
the analysis supporting the 1989 Benzene NESHAP (54 FR 38044) and the
limitations of Gaussian dispersion models, including AERMOD.
---------------------------------------------------------------------------
\21\ These classifications also coincide with the terms ``known
carcinogen, probable carcinogen, and possible carcinogen,''
respectively, which are the terms advocated in the EPA's previous
Guidelines for Carcinogen Risk Assessment, published in 1986 (51 FR
33992, September 24, 1986). Summing the risks of these individual
compounds to obtain the cumulative cancer risks is an approach that
was recommended by the EPA's SAB in their 2002 peer review of EPA's
NATA titled, NATA--Evaluating the National-scale Air Toxics
Assessment 1996 Data--an SAB Advisory, available at: http://
yosemite.epa.gov/sab/sabproduct.nsf/
214C6E915BB04E14852570CA007A682C/$File/ecadv02001.pdf.
---------------------------------------------------------------------------
To assess risk of noncancer health effects from chronic exposures,
we summed the HQ for each of the HAP that affects a common target organ
system to obtain the HI for that target organ system (or TOSHI). The HQ
is the estimated exposure divided by the chronic reference value, which
is either the EPA RfC, defined as ``an estimate (with uncertainty
spanning perhaps an order of magnitude) of a continuous inhalation
exposure to the human population (including sensitive subgroups) that
is likely to be without an appreciable risk of deleterious effects
during a lifetime,'' or, in cases where a RfC is not available, the
ATSDR chronic MRL or the CalEPA Chronic REL. The REL is defined as
``the concentration level at or below which no adverse health effects
are anticipated for a specified exposure duration.'' As noted above, in
cases where new, scientifically credible dose-response values have been
developed in a manner consistent with EPA guidelines and have undergone
a peer review process similar to that used by the EPA, we may use those
dose-response values in place of or, in addition to, other values.
Worst-case screening estimates of acute exposures and risks were
also evaluated for each of the HAP at the point of highest offsite
exposure for each facility (i.e., not just the census block centroids)
assuming that a person was located at this spot at a time when both the
peak (hourly) emission rate and hourly dispersion conditions occurred.
In general, acute HQ values were calculated using best available,
short-term dose-response value. These acute dose-response values
include REL, AEGL and ERPG for 1-hour exposure durations. As discussed
below, we used conservative assumptions for emission rates, meteorology
and exposure location for our acute analysis.
As described in the CalEPA's Air Toxics Hot Spots Program Risk
Assessment Guidelines, Part I, The Determination of Acute Reference
Exposure Levels for Airborne Toxicants, an acute REL value (http://www.oehha.ca.gov/air/pdf/acuterel.pdf) is defined as ``the
concentration level at or below which no adverse health effects are
anticipated for a specified exposure duration.'' Reference exposure
level values are based on the most sensitive, relevant, adverse health
effect reported in the medical and toxicological literature. Reference
exposure level values are designed to protect the most sensitive
individuals in the population by the inclusion of margins of safety.
Since margins of safety are incorporated to address data gaps and
uncertainties, exceeding the REL does not automatically indicate an
adverse health impact.
Acute Exposure Guideline Levels were derived in response to
recommendations from the NRC. As described in Standing Operating
Procedures (SOP) of the National Advisory Committee on Acute Exposure
Guideline Levels for Hazardous Substances (http://www.epa.gov/opptintr/aegl/pubs/sop.pdf),\22\ ``the NRC's previous name for acute exposure
levels--CEEL--was replaced by the term AEGL to reflect the broad
application of these values to planning, response, and prevention in
the community, the workplace, transportation, the military, and the
remediation of Superfund sites.'' This document also states that AEGL
values ``represent threshold exposure limits for the general public and
are applicable to emergency exposures ranging from 10 minutes to 8
hours.'' The document lays out the purpose and objectives of AEGL by
stating (page 21) that ``the primary purpose of the AEGL program and
the NAC/AEGL Committee is to develop guideline levels for once-in-a-
lifetime, short-term exposures to airborne concentrations of acutely
toxic, high-priority chemicals.'' In detailing the intended application
of AEGL values, the document states (page 31) that ``[i]t is
anticipated that the AEGL values will be used for regulatory and
nonregulatory purposes by United States federal and state agencies, and
possibly the international community in conjunction with chemical
emergency response, planning and prevention programs. More
specifically, the AEGL values will be used for conducting various risk
assessments to aid in the development of emergency preparedness and
prevention plans, as well as real-time emergency response actions, for
accidental chemical releases at fixed facilities and from transport
carriers.''
---------------------------------------------------------------------------
\22\ NAS, 2001. Standing Operating Procedures for Developing
Acute Exposure Levels for Hazardous Chemicals, page 2.
---------------------------------------------------------------------------
The AEGL-1 value is then specifically defined as ``the airborne
concentration of a substance above which it is predicted that the
general population, including susceptible individuals, could experience
notable discomfort, irritation, or certain asymptomatic nonsensory
effects. However, the effects are not disabling and are transient and
reversible upon cessation of exposure.'' The document also notes (page
3) that, ``Airborne concentrations below AEGL-1 represent exposure
levels that can produce mild and progressively increasing but transient
and nondisabling odor, taste, and sensory irritation or certain
asymptomatic, nonsensory effects.'' Similarly, the document defines
AEGL-2 values as ``the airborne concentration (expressed as ppm or mg/
m\3\) of a substance above which it is predicted that the general
population, including susceptible individuals, could experience
irreversible or other serious, long-lasting adverse health effects or
an impaired ability to escape.''
Emergency Response Planning Guidelines values are derived for use
in emergency response, as described in the American Industrial Hygiene
[[Page 81337]]
Association's document titled, Emergency Response Planning Guidelines
(ERPG) Procedures and Responsibilities (http://www.aiha.org/1documents/committees/ERPSOPs2006.pdf) which states that, ``Emergency Response
Planning Guidelines were developed for emergency planning and are
intended as health-based guideline concentrations for single exposures
to chemicals.'' \23\ The ERPG-1 value is defined as ``the maximum
airborne concentration below which it is believed that nearly all
individuals could be exposed for up to 1 hour without experiencing
other than mild transient adverse health effects or without perceiving
a clearly defined, objectionable odor.'' Similarly, the ERPG-2 value is
defined as ``the maximum airborne concentration below which it is
believed that nearly all individuals could be exposed for up to 1 hour
without experiencing or developing irreversible or other serious health
effects or symptoms which could impair an individual's ability to take
protective action.''
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\23\ ERP Committee Procedures and Responsibilities. November 1,
2006. American Industrial Hygiene Association.
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As can be seen from the definitions above, the AEGL and ERPG values
include the similarly-defined severity levels 1 and 2. For many
chemicals, a severity level 1 value AEGL or ERPG has not been
developed; in these instances, higher severity level AEGL-2 or ERPG-2
values are compared to our modeled exposure levels to screen for
potential acute concerns.
Acute REL values for 1-hour exposure durations are typically lower
than their corresponding AEGL-1 and ERPG-1 values. Even though their
definitions are slightly different, AEGL-1 values are often the same as
the corresponding ERPG-1 values, and AEGL-2 values are often equal to
ERPG-2 values. Maximum HQ values from our acute screening risk
assessments typically result when basing them on the acute REL value
for a particular pollutant. In cases where our maximum acute HQ value
exceeds 1, we also report the HQ value based on the next highest acute
threshold (usually the AEGL-1 and/or the ERPG-1 value).
To develop screening estimates of acute exposures, we first
developed estimates of maximum hourly emission rates by multiplying the
average actual annual hourly emission rates by a factor to cover
routinely variable emissions. An acute multiplication factor of 1.6 was
used for papermaking equipment (e.g., paper machines, stock
preparation, repulping) based on a paper machine peak-to-mean analysis.
Similarly, a peak-to-mean multiplier of 2 was used for pulp and paper
wastewater treatment units based on analysis of data from pulp and
paper primary clarifiers and aerated stabilization basins. Peak-to-mean
multipliers ranging from 1 to 3.1 were developed for other types of
pulp and paper equipment based on the routine annual emissions data and
peak hourly emissions data obtained from Part II survey data.\24\
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\24\ More information supporting the use of these factors for
Pulp and Paper production is presented in the memorandum, Inputs to
the Pulp and Paper Industry October 2011 Residual Risk Modeling,
which is available in the docket for this action.
---------------------------------------------------------------------------
In cases where all acute HQ values from the screening step were
less than or equal to 1, acute impacts were deemed negligible and no
further analysis was performed. In the cases where an acute HQ from the
screening step was greater than 1, additional site-specific data were
considered to develop a more refined estimate of the potential for
acute impacts of concern. The data refinements included using site-
specific facility layouts, as available, to distinguish facility
property from an area where the public could access and be exposed.
These refinements are discussed in the draft risk assessment documents,
which are available in the docket for this source category. Ideally, we
would prefer to have continuous measurements over time to see how the
emissions vary by each hour over an entire year. Having a frequency
distribution of hourly emission rates over a year would allow us to
perform a probabilistic analysis to estimate potential threshold
exceedances and their frequency of occurrence. Such an evaluation could
include a more complete statistical treatment of the key parameters and
elements adopted in this screening analysis. However, we recognize that
having this level of data is rare, and hence our use of the multiplier
approach.
4. Multipathway Exposure and Risk Screening
The potential for significant human health risks due to exposures
via routes other than inhalation (i.e., multipathway exposures) and the
potential for adverse environmental impacts were evaluated in a three-
step process. In the first step, we determined whether any facilities
emitted any HAP known to be persistent and bio-accumulative in the
environment (PB-HAP). There are 14 PB-HAP compounds or compound classes
identified for this screening in the EPA's Air Toxics Risk Assessment
Library (available at http://www.epa.gov/ttn/fera/risk_atra_vol1.html). They are cadmium compounds, chlordane, chlorinated
dibenzodioxins and furans, dichlorodiphenyldichloroethylene,
heptachlor, hexachlorobenzene, hexachlorocyclohexane, lead compounds,
mercury compounds, methoxychlor, polychlorinated biphenyls, POM,
toxaphene and trifluralin. Emissions of four different PB-HAP were
identified in the Part II NEI emissions dataset for the pulp and paper
(subpart S) source category: cadmium compounds, lead compounds, mercury
compounds and POM. These four compounds plus chlorinated dibenzodioxins
and furans were identified in the NEI dataset for the entire mill,
which includes sources inside and outside the subpart S category (e.g.,
boilers, chemical recovery combustion sources). In the second step of
the screening process, we determined whether the facility-specific
emission rates of each of the emitted PB-HAP were large enough to
create the potential for significant non-inhalation human health or
environmental risks. To facilitate this step, we have developed
emission rate thresholds for each PB-HAP using a hypothetical screening
exposure scenario developed for use in conjunction with the TRIM.FaTE
model. The hypothetical screening scenario was subjected to a
sensitivity analysis to ensure that its key design parameters were
established such that environmental media concentrations were not
underestimated (i.e., to minimize the occurrence of false negatives or
results that suggest that risks might be acceptable when, in fact,
actual risks are high), and to also minimize the occurrence of false
positives for human health endpoints. We call this application of the
TRIM.FaTE model TRIM-Screen. The facility specific emission rates of
each of the PB-HAP in each source category were compared to the
emission threshold values for each of the PB-HAP identified in the
source category datasets.
For all of the facilities in the source category addressed in this
proposal, all of the PB-HAP emission rates were less than the emission
threshold values, except for one facility with POM emissions as
benzo(a)pyrene that exceeded the screening emission rate by a factor of
2. For POM, exceeding the screening emission rate relates to a
potential for creating a cancer risk in excess of 1 in a million. In
performing the screening for potential multipathway exposures and risks
of
[[Page 81338]]
concern, we determined that emissions of POM were not significant
enough to pose multipathway impacts of concern for human health or the
environment. If the emission rates of the PB-HAP had been determined to
be significant, the source category would have been further evaluated
for potential non-inhalation risks and adverse environmental effects in
a third step through site-specific refined assessments using the EPA's
TRIM.FaTE model.
For further information on the multipathway analysis approach, see
the residual risk documentation as referenced in section IV.A of this
preamble.
5. Assessing Risks Considering Emissions Control Options
This rulemaking does not require the installation of any new
emission controls to reduce risk; therefore, no risk modeling was
conducted to estimate risk reductions following installation of
emission controls for this proposal.
6. Conducting Facilitywide Risk Assessments
To put the source category risks in context, we also examine the
risks from the entire ``facility,'' where the facility includes all
HAP-emitting operations within a contiguous area and under common
control. In other words, we examine the HAP emissions not only from the
source category of interest but also emissions of HAP from all other
emissions sources at the facility. Nearly all 171 major sources in the
subpart S category include boilers, and 111 of the 171 major sources
include chemical recovery combustion sources (e.g., recovery furnace,
smelt dissolving tank, lime kiln). Pulp and paper mills also include
paper coating, landfills, petroleum storage and transfer and other
operations. Therefore, where data were available, we performed a
facilitywide risk assessment for these major sources as part of today's
action.
We estimated the risks due to the inhalation of HAP that are
emitted ``facilitywide'' for the populations residing within 50 km of
each facility, consistent with the methods used for the source category
analysis described above. For these facilitywide risk analyses, the
modeled source category risks were compared to the facilitywide risks
to determine the portion of facilitywide risks that could be attributed
to the source categories addressed in this proposal. We specifically
examined the facilities associated with the highest estimates of risk
and determined the percentage of that risk attributable to the source
category of interest. The risk documentation available through the
docket for this action provides all the facilitywide risks and the
percentage of source category contribution for all source categories
assessed.
The methodology and the results of the facilitywide analyses for
each source category are included in the residual risk documentation as
referenced in section IV.A of this preamble, which is available in the
docket for this action.
7. Considering Uncertainties in Risk Assessment
Uncertainty and the potential for bias are inherent in all risk
assessments, including that performed for the source category addressed
in this proposal. Although uncertainty exists, we believe the approach
that we took, which used conservative tools and assumptions to bridge
data gaps, ensures that our decisions are health-protective. A brief
discussion of the uncertainties in the emissions dataset, dispersion
modeling, inhalation exposure estimates and dose-response relationships
follows below.\25\
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\25\ A more thorough discussion of these uncertainties is
included in the risk assessment documentation (Draft Residual Risk
Assessment for the Pulp and Paper Category) available in the docket
for this action.
---------------------------------------------------------------------------
a. Uncertainties in the Emissions Dataset
Although the development of the RTR dataset involved QA/QC
processes, the accuracy of emissions values will vary depending on: (1)
The source of the data, (2) the degree to which data are incomplete or
missing, (3) the degree to which assumptions made to complete the
datasets are accurate, (4) whether and to what extent errors were made
in estimating emissions values, (5) whether the emissions were based on
or extrapolated from stack tests or estimates of fugitive emissions,
and (6) miscellaneous other factors.
The annual HAP emissions estimates used in the risk assessment are
derived from data provided by mills in response to the Part II survey.
Many of these emissions estimates are based on emission factors,
developed from the most comprehensive dataset available for this
industry, provided by NCASI. The uncertainties associated with emission
factors include the uncertainties in the measurement of the data,
limitations in the size and quality of the dataset, the presence of
non-detects and outliers in the dataset, the emission factor
calculations used, etc. As noted in section III.A.1 of this preamble,
acrolein emissions were not modeled due to uncertainties in the
emissions estimates.\26\
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\26\ For more information, see the memorandum in the docket
titled, Inputs to the Pulp and Paper Industry October 2011 Residual
Risk Modeling.
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b. Uncertainties in Dispersion Modeling
Although the analysis employed the EPA's recommended regulatory
dispersion model, AERMOD, we recognize that there is uncertainty in
ambient concentration estimates associated with any model, including
AERMOD. In circumstances where we had to choose between various model
options, where possible, we selected model options (e.g., rural/urban,
plume depletion, chemistry) that provided an overestimate of ambient
concentrations of the HAP rather than an underestimate. However,
because of practicality and data limitation reasons, some factors
(e.g., building downwash) have the potential in some situations to
overestimate or underestimate ambient impacts. Despite these
uncertainties, we believe that at offsite locations and census block
centroids, the approach considered in the dispersion modeling analysis
should generally yield overestimates of ambient HAP concentrations.
c. Uncertainties in Inhalation Exposure
The effects of human mobility on exposures were not included in the
assessment. Specifically, short-term mobility and long-term mobility
between census blocks in the modeling domain were not considered.\27\
The assumption of not considering short- or long-term population
mobility does not bias the estimate of the theoretical MIR, nor does it
affect the estimate of cancer incidence since the total population
number remains the same. It does, however, affect the shape of the
distribution of individual risks across the affected population,
shifting it toward higher estimated individual risks at the upper end
and reducing the number of people estimated to be at lower risks,
thereby increasing the estimated number of people at specific risk
levels.
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\27\ Short-term mobility is movement from one microenvironment
to another over the course of hours or days. Long-term mobility is
movement from one residence to another over the course of a
lifetime.
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In addition, the assessment predicted the chronic exposures at the
centroid of each populated census block as surrogates for the exposure
concentrations for all people living in that block. Using the census
block centroid to predict chronic exposures tends to over-predict
exposures for people in the census block who live
[[Page 81339]]
farther from the facility and under-predict exposures for people in the
census block who live closer to the facility. Thus, using the census
block centroid to predict chronic exposures may lead to a potential
understatement or overstatement of the true maximum impact for any one
individual but is an unbiased estimate of average risk and incidence.
The assessments evaluate the projected cancer inhalation risks
associated with pollutant exposures over a 70-year period, which is the
assumed lifetime of an individual. In reality, both the length of time
that modeled emissions sources at facilities actually operate (i.e.,
more or less than 70 years), and the domestic growth or decline of the
modeled industry (i.e., the increase or decrease in the number or size
of United States facilities), will influence the future risks posed by
a given source or source category. Depending on the characteristics of
the industry, these factors will, in most cases, result in an
overestimate both in individual risk levels and in the total estimated
number of cancer cases. However, in rare cases, where a facility
maintains or increases its emissions levels beyond 70 years, residents
live beyond 70 years at the same location and the residents spend most
of their days at that location, then the risks could potentially be
underestimated. Annual cancer incidence estimates from exposures to
emissions from these sources would not be affected by uncertainty in
the length of time emissions sources operate.
The exposure estimates used in these analyses assume chronic
exposures to ambient levels of pollutants. Because most people spend
the majority of their time indoors, actual exposures may not be as
high, depending on the characteristics of the pollutants modeled. For
many of the HAP, indoor levels are roughly equivalent to ambient
levels, but for very reactive pollutants or larger particles, these
levels are typically lower. This factor has the potential to result in
an overstatement of 25 to 30 percent of exposures for some HAP.\28\
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\28\ U.S. EPA. National-Scale Air Toxics Assessment for 1996.
EPA 453/R-01-003; January 2001; page 85.
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In addition to the uncertainties highlighted above, there are
several factors specific to the acute exposure assessment that should
be highlighted. The accuracy of an acute inhalation exposure assessment
depends on the simultaneous occurrence of independent factors that may
vary greatly, such as hourly emissions rates, meteorology and human
activity patterns. In this assessment, we assume that individuals
remain for 1 hour at the point of maximum ambient concentration as
determined by the co-occurrence of peak emissions and worst-case
meteorological conditions. These assumptions would tend to be worst-
case actual exposures since it is unlikely that a person would be
located at the point of maximum exposure during the time of worst-case
impact.
d. Uncertainties in Dose-Response Relationships
There are uncertainties inherent in the development of the dose-
response values used in our risk assessments for cancer effects from
chronic exposures and noncancer effects from both chronic and acute
exposures. Some uncertainties may be considered quantitatively, and
others generally are expressed in qualitative terms. We note as a
preface to this discussion a point on dose-response uncertainty that is
brought out in the EPA's 2005 Cancer Guidelines; namely, that ``the
primary goal of EPA actions is protection of human health; accordingly,
as an agency policy, risk assessment procedures, including default
options that are used in the absence of scientific data to the
contrary, should be health protective'' (EPA 2005 Cancer Guidelines,
pages 1-7). This is the approach followed here as summarized in the
next several paragraphs. A complete detailed discussion of
uncertainties and variability in dose-response relationships is given
in the residual risk documentation which is available in the docket for
this action.
Cancer URE values used in our risk assessments are those that have
been developed to generally provide an upper bound estimate of risk.
That is, they represent a ``plausible upper limit to the true value of
a quantity'' (although this is usually not a true statistical
confidence limit).\29\ In some circumstances, the true risk could be as
low as zero; however, in other circumstances the risk could be
greater.\30\ When developing an upper bound estimate of risk and to
provide risk values that do not underestimate risk, health-protective
default approaches are generally used. To err on the side of ensuring
adequate health protection, the EPA typically uses the upper bound
estimates rather than lower bound or central tendency estimates in our
risk assessments, an approach that may have limitations for other uses
(e.g., priority-setting or expected benefits analysis).
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\29\ IRIS glossary (http://www.epa.gov/NCEA/iris/help_gloss.htm).
\30\ An exception to this is the URE for benzene, which is
considered to cover a range of values, each end of which is
considered to be equally plausible and which is based on maximum
likelihood estimates.
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Chronic noncancer reference (RfC and RfD) values represent chronic
exposure levels that are intended to be health-protective levels.
Specifically, these values provide an estimate (with uncertainty
spanning perhaps an order of magnitude) of a continuous inhalation
exposure (RfC) or a daily oral exposure (RfD) to the human population
(including sensitive subgroups) that is likely to be without an
appreciable risk of deleterious effects during a lifetime. To derive
values that are intended to be ``without appreciable risk,'' the
methodology relies upon an UF approach (EPA 1993, 1994) which considers
uncertainty, variability and gaps in the available data. The UF are
applied to derive reference values that are intended to protect against
appreciable risk of deleterious effects. The UF are commonly default
values,\31\ e.g., factors of 10 or 3, used in the absence of compound-
specific data; where data are available, UF may also be developed using
compound-specific information. When data are limited, more assumptions
are needed and more UF are used. Thus, there may be a greater tendency
to overestimate risk in the sense that further study might support
development of reference values that are higher (i.e., less potent)
because fewer default assumptions are needed. However, for some
pollutants, it is possible that risks may be underestimated. While
collectively termed ``UF,'' these factors account for a number of
different quantitative considerations when using observed animal
(usually rodent) or human toxicity data in the development of the RfC.
The UF are intended to account for:
[[Page 81340]]
(1) Variation in susceptibility among the members of the human
population (i.e., inter-individual variability); (2) uncertainty in
extrapolating from experimental animal data to humans (i.e.,
interspecies differences); (3) uncertainty in extrapolating from data
obtained in a study with less-than-lifetime exposure (i.e.,
extrapolating from sub-chronic to chronic exposure); (4) uncertainty in
extrapolating the observed data to obtain an estimate of the exposure
associated with no adverse effects; and (5) uncertainty when the
database is incomplete or there are problems with the applicability of
available studies. Many of the UF used to account for variability and
uncertainty in the development of acute reference values are quite
similar to those developed for chronic durations, but they more often
use individual UF values that may be less than 10. Uncertainty factors
are applied based on chemical-specific or health effect-specific
information (e.g., simple irritation effects do not vary appreciably
between human individuals, hence a value of 3 is typically used), or
based on the purpose for the reference value (see the following
paragraph). The UF applied in acute reference value derivation include:
(1) Heterogeneity among humans; (2) uncertainty in extrapolating from
animals to humans; (3) uncertainty in lowest observed adverse effect
(exposure) level to no observed adverse effect (exposure) level
adjustments; and (4) uncertainty in accounting for an incomplete
database on toxic effects of potential concern. Additional adjustments
are often applied to account for uncertainty in extrapolation from
observations at one exposure duration (e.g., 4 hours) to derive an
acute reference value at another exposure duration (e.g., 1 hour).
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\31\ According to the NRC report, Science and Judgment in Risk
Assessment (NRC, 1994) ``[Default] options are generic approaches,
based on general scientific knowledge and policy judgment, that are
applied to various elements of the risk assessment process when the
correct scientific model is unknown or uncertain.'' The 1983 NRC
report, Risk Assessment in the Federal Government: Managing the
Process, defined default option as ``the option chosen on the basis
of risk assessment policy that appears to be the best choice in the
absence of data to the contrary'' (NRC, 1983a, p. 63). Therefore,
default options are not rules that bind the agency; rather, the
agency may depart from them in evaluating the risks posed by a
specific substance when it believes this to be appropriate. In
keeping with the EPA's goal of protecting public health and the
environment, default assumptions are used to ensure that risk to
chemicals is not underestimated (although defaults are not intended
to overtly overestimate risk). See EPA, 2004, An Examination of EPA
Risk Assessment Principles and Practices, EPA/100/B-04/001 available
at: http://www.epa.gov/osa/pdfs/ratf-final.pdf.
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Not all acute reference values are developed for the same purpose,
and care must be taken when interpreting the results of an acute
assessment of human health effects relative to the reference value or
values being exceeded. Where relevant to the estimated exposures, the
lack of short-term dose-response values at different levels of severity
should be factored into the risk characterization as potential
uncertainties.
Although every effort is made to identify peer-reviewed reference
values for cancer and noncancer effects for all pollutants emitted by
the sources included in this assessment, some HAP continue to have no
reference values for cancer or chronic noncancer or acute effects.
Since exposures to these pollutants cannot be included in a
quantitative risk estimate, an understatement of risk for these
pollutants at environmental exposure levels is possible. For a group of
compounds that are either unspeciated or do not have reference values
for every individual compound (e.g., glycol ethers), we conservatively
use the most protective reference value to estimate risk from
individual compounds in the group of compounds.
Additionally, chronic reference values for several of the compounds
included in this assessment are currently under the EPA IRIS review
(e.g., formaldehyde), and revised assessments may determine that these
pollutants are more or less potent than the current value. We may re-
evaluate residual risks for the final rulemaking if these reviews are
completed prior to our taking final action for this source category and
if a dose-response metric changes enough to indicate that the risk
assessment supporting this notice may significantly understate human
health risk.
e. Uncertainties in the Multipathway and Environmental Effects
Screening
We generally assume that when exposure levels are not anticipated
to adversely affect human health, they also are not anticipated to
adversely affect the environment. For each source category, we
generally rely on the site-specific levels of PB-HAP emissions to
determine whether a full assessment of the multipathway and
environmental effects is necessary. Our screening methods use worst-
case scenarios to determine whether multipathway impacts might be
important. The results of such a process are biased high for the
purpose of screening out potential impacts. Thus, when individual
pollutants or facilities screen out, we are confident that the
potential for multipathway impacts is negligible. On the other hand,
when individual pollutants or facilities do not screen out, it does not
mean that multipollutant impacts are significant, only that we cannot
rule out that possibility. The site-specific PB-HAP emission levels
were almost all far below levels which would trigger a refined
assessment of multipathway impacts. The only PB-HAP to exceed the
screening threshold was POM with emissions exceeding the screening
threshold by a factor of 2. Thus, we are confident that these types of
impacts are insignificant for the facilities in this source category.
B. How did we consider the risk results in making decisions for this
proposal?
As discussed in the previous section of this preamble, we apply a
two-step process for determining whether to develop standards to
address residual risk. In the first step, the EPA determines whether
risks are acceptable. This determination ``considers all health
information, including risk estimation uncertainty, and includes a
presumptive level on maximum individual lifetime [cancer] risk (MIR)
\32\ of approximately one in 10 thousand [i.e., 100 in 1 million].'' 54
FR 38045. In the second step of the process, the EPA determines what
level of the standard is needed to provide an ample margin of safety
``in consideration of all health information, including the number of
persons at risk levels higher than approximately one in one million, as
well as other relevant factors, including costs and economic impacts,
technological feasibility, and other factors relevant to each
particular decision.'' Id.
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\32\ Although defined as ``maximum individual risk,'' MIR refers
only to cancer risk. MIR, one metric for assessing cancer risk, is
the estimated risk were an individual exposed to the maximum level
of a pollutant for a lifetime.
---------------------------------------------------------------------------
In past residual risk actions, the EPA presented and considered a
number of human health risk metrics associated with emissions from the
category under review, including: the MIR; the numbers of persons in
various risk ranges; cancer incidence; the maximum noncancer HI; and
the maximum acute noncancer hazard. See, e.g., 75 FR 65068, 65072-74
(October 21, 2010) and 76 FR 22566, 22575 (April 21, 2011). In
estimating risks, the EPA considered sources under review that are
located near each other and that affect the same population. The EPA
developed risk estimates based on the actual emissions from the source
category under review as well as based on the maximum emissions allowed
pursuant to the source category MACT standards. The EPA also discussed
and considered risk estimation uncertainties. The EPA is providing this
same type of information in support of this action.
The agency is considering all available health information to
inform our determinations of risk acceptability and ample margin of
safety under CAA section 112(f). Specifically, as explained in the
Benzene NESHAP, ``the first step judgment on acceptability cannot be
reduced to any single factor'' and thus ``[t]he Administrator believes
that the acceptability of risk under [previous] section 112 is best
judged on the basis of a broad set of health risk measures and
information'' (54 FR 38046). Similarly, with regard to making the ample
margin of safety determination, as stated in the Benzene NESHAP, ``[in
the ample margin decision, the agency again considers all of the health
risk and other health information considered in the first step. Beyond
that information,
[[Page 81341]]
additional factors relating to the appropriate level of control will
also be considered, including cost and economic impacts of controls,
technological feasibility, uncertainties, and any other relevant
factors.'' Id.
The agency acknowledges that the Benzene NESHAP provides
flexibility regarding what factors the EPA might consider in making
determinations and how they might be weighed for each source category.
In responding to comment on our policy under the Benzene NESHAP, the
EPA explained that: ``The policy chosen by the Administrator permits
consideration of multiple measures of health risk. Not only can the MIR
figure be considered, but also incidence, the presence of noncancer
health effects, and the uncertainties of the risk estimates. In this
way, the effect on the most exposed individuals can be reviewed as well
as the impact on the general public. These factors can then be weighed
in each individual case. This approach complies with the Vinyl Chloride
mandate that the Administrator ascertain an acceptable level of risk to
the public by employing [her] expertise to assess available data. It
also complies with the Congressional intent behind the CAA, which did
not exclude the use of any particular measure of public health risk
from the EPA's consideration with respect to CAA section 112
regulations, and, thereby, implicitly permits consideration of any and
all measures of health risk which the Administrator, in [her] judgment,
believes are appropriate to determining what will `protect the public
health.''' (54 FR at 38057).
Thus, the level of the MIR is only one factor to be weighed in
determining acceptability of risks. The Benzene NESHAP explained that
``an MIR of approximately 1 in 10 thousand should ordinarily be the
upper end of the range of acceptability. As risks increase above this
benchmark, they become presumptively less acceptable under CAA section
112, and would be weighed with the other health risk measures and
information in making an overall judgment on acceptability. Or, the
agency may find, in a particular case, that a risk that includes MIR
less than the presumptively acceptable level is unacceptable in the
light of other health risk factors'' (Id. at 38045). Similarly, with
regard to the ample margin of safety analysis, the EPA stated in the
Benzene NESHAP that: ``* * * EPA believes the relative weight of the
many factors that can be considered in selecting an ample margin of
safety can only be determined for each specific source category. This
occurs mainly because technological and economic factors (along with
the health-related factors) vary from source category to source
category'' (Id. at 38061).
C. How did we perform the technology review?
Our technology review focused on the identification and evaluation
of developments in practices, processes and control technologies that
have occurred since the 1998 NESHAP was promulgated. In cases where the
technology review identified such developments, we conducted an
analysis of the technical feasibility of applying these developments,
along with the estimated impacts (costs, emissions reductions, risk
reductions, etc.) of applying these developments. We then made
decisions on whether it is necessary and appropriate to propose
amendments to the regulation to require any of the identified
developments.
Based on specific knowledge of the source category, we began by
identifying known developments in practices, processes and control
technologies. For the purpose of this exercise, we considered any of
the following to be a ``development'':
Any add-on control technology or other equipment that was
not identified and considered during development of the 1998 NESHAP;
Any improvements in add-on control technology or other
equipment (that were identified and considered during development of
the 1998 NESHAP) that could result in significant additional emissions
reductions;
Any work practice or operational procedure that was not
identified or considered during development of the 1998 NESHAP; and
Any process change or pollution prevention alternative
that could be broadly applied to the industry and that was not
identified or considered during development of the 1998 NESHAP.
In addition to reviewing the practices, processes or control
technologies that were not considered at the time we developed the 1998
NESHAP, we reviewed a variety of data sources in our evaluation of
whether there were additional practices, processes or controls to
consider for the pulp and paper industry. To aid in our evaluation of
whether there were additional practices, processes or controls to
consider, one of these sources of data was subsequent air toxics rules.
Since the promulgation of the MACT standards for the source category
addressed in this proposal, the EPA has developed air toxics
regulations for a number of additional source categories. In these
subsequent air toxic regulatory actions, we consistently evaluated any
new practices, processes and control technologies. We reviewed the
regulatory requirements and/or technical analyses associated with these
subsequent regulatory actions to identify any practices, processes and
control technologies considered in these efforts that could possibly be
applied to emission sources in the source category under this current
RTR review.
We also consulted the EPA's RBLC to identify potential technology
advances.\33\ Control technologies, classified as RACT, BACT or LAER
apply to stationary sources depending on whether the sources are
existing or new, and on the size, age and location of the facility.
Best available control technology and LAER (and sometimes RACT) are
determined on a case-by-case basis, usually by state or local
permitting agencies. The EPA established the RBLC to provide a central
database of air pollution technology information (including
technologies required in source-specific permits) to promote the
sharing of information among permitting agencies and to aid in
identifying future possible control technology options that might apply
broadly to numerous sources within a category or apply only on a
source-by-source basis. The RBLC contains over 5,000 air pollution
control permit determinations that can help identify appropriate
technologies to mitigate many air pollutant emission streams. We
searched this database to determine whether it contained any practices,
processes or control technologies for the types of processes covered by
the pulp and paper source category. We also further analyzed a number
of BACT determinations listed in the RBLC to obtain further
information.
---------------------------------------------------------------------------
\33\ See the memorandum in the docket titled, Summary of RBLC
and Other Findings to Support Section 112(d)(6) Technology Review
for Pulp and Paper NESHAP.
---------------------------------------------------------------------------
Additionally, we conducted a general search of the Internet and
other sources for information on control technologies applicable to
pulp and paper production. Finally, we conducted a search of the
database containing the responses received from the Part I survey to
obtain information on process and emission controls currently in use in
pulp and paper production.
Each of the evaluations listed above considered and reviewed the
technologies suitable to demonstrate compliance with the requirements
listed in Sec. Sec. 63.440 through 63.449 (subpart S).\34\
---------------------------------------------------------------------------
\34\ See the memoranda titled, Section 112(d)(6) Technology
Review for Pulping and Papermaking Processes and Summary of Pulp
Bleaching Technology Review, in the docket for this rulemaking.
---------------------------------------------------------------------------
[[Page 81342]]
D. What other issues are we addressing in this proposal?
In addition to the analyses described above, we also reviewed other
aspects of the MACT standards for possible revision as appropriate and
necessary. Based on this review, we have identified aspects of the MACT
standards that we believe need revision.
This includes proposing revisions to the SSM provisions of the MACT
rule in order to ensure that they are consistent with the court
decision in Sierra Club v. EPA, 551 F. 3d 1019 (DC Cir. 2008). In
addition, we are proposing various changes based on our review of the
rule for testing and monitoring sufficiency, including a requirement
for 5-year repeat air emissions testing for selected equipment and
additional test methods for measuring methanol. We are also proposing
minor changes with regards to editorial errors. The analyses and
proposed decisions for these actions are presented in section IV of
this preamble.
IV. Analytical Results and Proposed Decisions
This section of the preamble provides the results of our RTR for
the pulp and paper source category and our proposed decisions
concerning changes to the 1998 NESHAP.
A. What are the results of the risk assessments?
For the pulp and paper source category, we conducted an inhalation
risk assessment based upon actual and allowable emissions for all HAP
emitted, as well as a multipathway analysis. This assessment also
included a whole-facility analysis to estimate inhalation risks from
all source categories for the pulp and paper industry.
1. Inhalation Risk Assessment Results
Table 3 provides an overall summary of the results of the
inhalation risk assessment from the 171 modeled mills subject to this
source category. We also conducted an assessment of facilitywide risk.
Details of the risk assessments and analyses can be found in the
residual risk documentation referenced in section IV.A of this
preamble, which is available in the docket for this action.
Table 3--Pulp and Paper Production Inhalation Risk Assessment Results \1\
----------------------------------------------------------------------------------------------------------------
Maximum individual cancer risk Maximum chronic noncancer
(in 1 million) \2\ Estimated Estimated TOSHI \3\
------------------------------- population at annual cancer -------------------------------- Worst-case
Based on Based on increased risk incidence Based on Based on maximum refined
actual allowable of cancer >= 1 (cases per actual allowable screening acute
emissions emissions in 1 Million year) emissions emissions noncancer HQ \4\
level level level level
----------------------------------------------------------------------------------------------------------------
10 10 76,000 0.01 0.4 0.6 HQREL = 20
HQERPG 1 = 0.4
(acetaldehyde)
.............. .............. .............. .............. .............. HQREL = 6.
HQERPG 1 = 0.004
(chloroform).
.............. .............. .............. .............. .............. HQREL = 5.
HQAEGL 1 = 0.2
(formaldehyde)
.............. .............. .............. .............. .............. HQREL = 2.
HQERPG 1 = 0.2
(methanol)
----------------------------------------------------------------------------------------------------------------
\1\ As noted in section III.A.1 of this preamble, acrolein emissions were not modeled due to uncertainties in
the emissions estimates.
\2\ Estimated maximum individual excess lifetime cancer risk due to HAP emissions from the source category.
\3\ Maximum TOSHI. The target organ with the highest TOSHI for the pulp and paper source category is the
respiratory system.
\4\ See section III.B of this preamble for explanation of acute dose-response values.
As shown in Table 3, the results of the inhalation risk assessment
performed using actual emissions data indicate the maximum lifetime
individual cancer risk could be up to 10 in 1 million, primarily due to
hexachloroethane emissions; the maximum chronic noncancer TOSHI value
could be up to 0.4, primarily due to acetaldehyde emissions; and the
maximum offsite worst-case acute HQ value could be up to 20, based on
the REL value for acetaldehyde. The HQ of 20 represents an upper-bound
risk estimate and is located in an uninhabited location with limited
public access or an offsite area that is owned by the facility. An
acute noncancer HQ of 3 reflects the risk where people are living with
access to a public road. This would then result in the next highest HQ
of 6 for this source category based on the acute REL dose-response
value for chloroform. One hundred sixty-two of the 171 facilities in
this source category had an estimated worst-case HQ less than or equal
to 1; the remaining 9 facilities had an estimated worst-case HQ less
than or equal to 6.\35\
---------------------------------------------------------------------------
\35\ The acute refined HQ values for this source category can be
found in Appendix 6, Table 1 of the Risk Assessment report. A
summary of the refined acute 1-hour HQ values that were greater than
1 for this source category are as follows: 20,6,5,5,4,3,2,2,2,2,2.
---------------------------------------------------------------------------
To better characterize the potential health risks associated with
estimated worst-case acute exposures to HAP, and in response to a key
recommendation from the SAB's peer review of EPA's RTR risk assessment
methodologies,\36\ we examine a wider range of available acute health
metrics than we do for our chronic risk assessments. This is in
response to the acknowledgement that there are generally more data gaps
and inconsistencies in acute reference values than there are in chronic
reference values. By definition, the acute CalEPA REL represents a
health-protective level of exposure, with no risk anticipated below
those levels, even for repeated exposures; however, the health risk
from higher-level exposures is unknown. Therefore, when a CalEPA REL is
exceeded and an AEGL-1 or ERPG-1 level is available (i.e., levels at
which mild effects are anticipated in the general public for a single
exposure), we have used them as a second comparative measure.
Historically, comparisons of the estimated maximum offsite 1-hour
exposure levels have not been typically made to occupational levels for
the purpose of characterizing public health risks in RTR assessments.
This is because occupational ceiling values are not generally
considered protective for the general public since they are
[[Page 81343]]
designed to protect the worker population (presumed healthy adults) for
short-duration (less than 15-minute) increases in exposure.\37\ As a
result, for most chemicals, the 15-minute occupational ceiling values
are set at levels higher than a 1-hour AEGL-1, making comparisons to
them irrelevant unless the AEGL-1 or ERPG-1 levels are exceeded. Such
is not the case when comparing the available acute inhalation health
effect reference values for formaldehyde.
---------------------------------------------------------------------------
\36\ The SAB peer review of RTR Risk Assessment Methodologies is
available at: http://yosemite.epa.gov/sab/sabproduct.nsf/
4AB3966E263D943A8525771F00668381/$File/EPA-SAB-10-007-unsigned.pdf.
\37\ U.S. EPA. (2009) Chapter 2.9 Chemical Specific Reference
Values for Formaldehyde in Graphical Arrays of Chemical-Specific
Health Effect Reference Values for Inhalation Exposures (Final
Report). U.S. Environmental Protection Agency, Washington, DC, EPA/
600/R-09/061, and available on-line at http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=211003.
---------------------------------------------------------------------------
The worst-case maximum estimated 1-hour exposure to formaldehyde
outside the facility fence line for the pulp and paper source category
is 0.25 mg/m\3\. This estimated worst-case exposure exceeds the 1-hour
REL by a factor of 5 (HQREL=5) and is below the 1-hour AEGL-
1 (HQAEGL-1=0.2). This exposure estimate is below the AEGL-
1, and exceeds the workplace ceiling level guideline for the
formaldehyde value developed by NIOSH \38\ ``for any 15 minute period
in a work day'' (NIOSH REL-ceiling value of 0.12 mg/m\3\;
HQNIOSH=2). The estimate is at the value developed by the
ACGIH \39\ as ``not to be exceeded at any time'' (ACGIH TLV-ceiling
value of 0.37 mg/m\3\; HQACGIH=1). Additionally, the
estimated maximum acute exposure exceeds the Air Quality Guideline
value that was developed by the World Health Organization \40\ for 30-
minute exposures (0.1 mg/m\3\; HQWHO=2.5).
---------------------------------------------------------------------------
\38\ National Institutes for Occupational Safety and Health
(NIOSH). Occupational Safety and Health Guideline for Formaldehyde;
http://www.cdc.gov/niosh/docs/81-123/pdfs/0293.pdf.
\39\ ACGIH (2001) Formaldehyde. In Documentation of the
TLVs[reg] and BEIs[reg] with Other Worldwide Occupational Exposure
Values. ACGIH, 1300 Kemper Meadow Drive, Cincinnati, OH 45240 (ISBN:
978-1-882417-74-2) and available on-line at http://www.acgih.org.
\40\ WHO (2000). Chapter 5.8 Formaldehyde, in Air Quality
Guidelines for Europe, second edition. World Health Organization
Regional Publications, European Series, No. 91. Copenhagen, Denmark.
Available on-line at http://www.euro.who.int/_data/assets/pdf_file/0005/74732/E71922.pdf.
---------------------------------------------------------------------------
All other HAP and facilities modeled had worst-case acute HQ values
less than 1, indicating that they carry no potential to pose acute
concerns. The maximum HQ based on an ERPG-1 dose-response value is 0.4
for acetaldehyde. In characterizing the potential for acute noncancer
impacts of concern, it is important to remember the upward bias of
these exposure estimates (e.g., worst-case meteorology coinciding with
a person located at the point of maximum concentration during the hour)
and to consider the results along with the uncertainties related to the
emissions estimates and the screening methodology. However, it is
acknowledged that the acute emission multipliers ranged from 1.4 to 3
and approached the annual hourly average emission rate for the
facilities within the source category.
The total estimated cancer incidence from these facilities based on
actual emissions levels is 0.01 excess cancer cases per year, or 1 case
in every 100 years. The cancer incidence is primarily driven by
emissions of acetaldehyde and formaldehyde from papermaking and kraft
wastewater operations.\41\
---------------------------------------------------------------------------
\41\ We note that the MIR for this source category would not
change if the CIIT URE for formaldehyde had been used in the
assessment; however, the total cancer incidence would decrease by
about 36 percent. There is an ongoing IRIS reassessment for
formaldehyde and future RTR risk assessments will use the cancer
potency for formaldehyde that results from that reassessment. As a
result, the current results many not match those of future
assessments.
---------------------------------------------------------------------------
There are 68 facilities with maximum individual cancer risks of 1
in 1 million or greater and two facilities with maximum individual
cancer risks of 10 in a million that represented the highest cancer
risks for the source category. The MIR of 10 in a million for the
source category was driven by emissions of hexachloroethane.
As explained above, our analysis of potential differences between
actual emissions levels and emissions allowable under the pulp and
paper MACT standards indicate that MACT-allowable emission levels are
roughly equal to the actual emission levels.\42\ The risk results from
the inhalation risk assessment indicate the maximum lifetime individual
cancer risks are the same at 20 in a million, and the maximum chronic
noncancer TOSHI value could be up to 0.6 at the MACT-allowable
emissions level.
---------------------------------------------------------------------------
\42\ For more information, see the memorandum in the docket
titled Inputs to the Pulp and Paper Industry October 2011 Residual
Risk Modeling.
---------------------------------------------------------------------------
2. Multipathway Risk Screening Results
The results of a multipathway screening analysis showed that
emissions of POM, cadmium and mercury were almost all below their
respective screening emission rates, thereby indicating a negligible
risk of adverse health effects associated with multipathway exposures.
The only PB-HAP to exceed the screening threshold was POM, with
emissions exceeding the screening threshold by a factor of 2.
3. Facilitywide Risk Assessment Results
A facilitywide risk analysis was also conducted based on actual
emissions levels. Table 4 displays the results of the facilitywide risk
assessment.\43\
---------------------------------------------------------------------------
\43\ For detailed facilityspecific results, see Appendix 6 of
the Draft Residual Risk Assessment for Pulp and Paper in the docket
for this rulemaking.
Table 4--Pulp and Paper Facilitywide Risk Assessment Results
------------------------------------------------------------------------
------------------------------------------------------------------------
Number of facilities analyzed.............................. 171
Cancer Risk:
Estimated maximum facilitywide individual cancer risk 30
(in 1 million)........................................
Number of facilities with estimated facilitywide 7
individual cancer risk of 10 in 1 million or more.....
Number of pulp and papermaking operations contributing 2
50 percent or more to facilitywide individual cancer
risk of 10 in 1 million or more.......................
Number of facilities with facilitywide individual 99
cancer risk of 1 in 1 million or more.................
Number of pulp and papermaking operations contributing 57
50 percent or more to facilitywide individual cancer
risk of 1 in 1 million or more........................
Chronic Noncancer Risk:
Maximum facilitywide chronic noncancer TOSHI........... 2
Number of facilities with facilitywide maximum 4
noncancer TOSHI of 1 or more..........................
Number of pulp and papermaking operations contributing 0
50 percent or more to facilitywide maximum noncancer
TOSHI of 1 or more....................................
------------------------------------------------------------------------
[[Page 81344]]
The maximum individual cancer whole-facility risk from all HAP
emissions at any mill is estimated to be 30 in 1 million based on
actual emissions. Of the 171 mills included in this analysis, seven
have facilitywide maximum individual cancer risks of 10 in 1 million or
greater. At these mills, pulp and papermaking operations account for 30
percent of the total facilitywide risk. There are 99 facilities with
facilitywide maximum individual cancer risks of 1 in 1 million or
greater. Of these 99 mills, 57 have pulp and papermaking operations
that contribute greater than 50 percent to the facilitywide risks. The
facilitywide cancer risks at these 57 mills, and at the 7 mills with
risks of 10 in a million or more, are primarily driven by emissions of
arsenic compounds, chromium compounds and nickel compounds from boiler
and lime kiln operations. However, we note that there are uncertainties
in the amount and form of chromium emitted from these mills. For many
of the mills, the emissions inventory used for the risk assessment
included estimates for the two main forms of chromium (i.e., hexavalent
and trivalent chromium). However, for other mills, we only had
estimates of total chromium emitted. For those mills, we applied a
hexavalent chromium speciation factor assigned by SCC for this source
category.\44\ Although, hexavalent chromium is toxic and is a known
human carcinogen, trivalent chromium is less toxic and is currently
``not classified as to its human carcinogenicity.'' \45\ Therefore, the
relative emissions of these two forms can have a significant effect on
the cancer risk estimates.
---------------------------------------------------------------------------
\44\ See the memorandum in the docket titled, Inputs to the Pulp
and Paper Industry October 2011 Residual Risk Modeling.
\45\ EPA's IRIS Weight-of-Evidence Characterization for
trivalent chromium http://www.epa.gov/iris/subst/0028.htm#refinhal.
---------------------------------------------------------------------------
The facilitywide maximum individual chronic noncancer TOSHI is
estimated to be 2 based on actual emissions. Of the 171 mills included
in this analysis, only four mills have a HI value greater than 1, with
all mills having an HI value less than or equal to 2. The chronic
noncancer risks at these mills are primarily driven by acrolein
emissions from industrial boilers and antimony emissions from smelt
dissolving tank kraft process units, which are not regulated under the
Pulp and paper source category.
B. What are our proposed decisions regarding risk acceptability and
ample margin of safety?
1. Risk Acceptability
As noted in section III.B of this preamble, we weigh all health
risk factors and measures in our risk acceptability determination,
including the MIR; the number of persons in various cancer and
noncancer risk ranges; cancer incidence; the maximum noncancer HI; the
maximum acute noncancer HQ; the extent of noncancer risks; the
potential for adverse environmental effects; distribution of cancer and
noncancer risks in the exposed population; and risk estimation
uncertainty (54 FR 38044, September 14, 1989).
For the pulp and paper source category, the risk analysis we
performed indicates that the cancer risks to the individual most
exposed could be up to 10 in 1 million due to actual or MACT-allowable
emissions. These risks are considerably less than 100 in 1 million,
which is the presumptive upper limit of risk acceptability. The risk
analysis also shows generally low cancer incidence (1 case every 100
years); no potential for adverse environmental effects or human health
multipathway effects; no potential for chronic noncancer impacts; and,
while a potential exists for some acute inhalation impacts, they are
likely to be minimal.
Additional analysis of facilitywide risks showed that there are
five mills with maximum facilitywide risks in between a cancer risk of
10 in 1 million and 30 in a million and four mills with a maximum
chronic noncancer TOSHI between 1 and 2; it also showed that the pulp
and paper source category did not drive these risks. The number of
people exposed to cancer risks of 1 in 1 million or greater due to
emissions from the source category is relatively low (76,000).
Considering these factors and the uncertainties discussed in section
III.B of this preamble, we propose that the risks from the Pulp and
paper source category are acceptable.
2. Ample Margin of Safety
Under the ample margin of safety analysis, we evaluate the cost and
feasibility of available control technologies and other measures
(including the controls, measures and costs reviewed under the
technology review) that could be applied in this source category to
further reduce the risks due to emissions of HAP identified in our risk
assessment.
As noted in our discussion of the technology review below in
section IV.C, no technologies (beyond those already in place) were
identified for reducing HAP emissions from pulp and paper production
processes.\46\ We are proposing to amend the kraft condensate standards
to reflect increased performance of existing controls observed in the
technology review, resulting in an estimated HAP reduction of
approximately 4,000 tpy. Incrementally increasing the stringency of the
kraft condensate standards is expected to reduce risks from kraft
wastewater operations. As a result, we conclude that the current
standard, before the amendments proposed here are put in place,
protects public health with an ample margin of safety.
---------------------------------------------------------------------------
\46\ See the docket memoranda titled, Section 112(d)(6)
Technology Review for Pulping and Papermaking Processes and Summary
of Pulp Bleaching Technology Review.
---------------------------------------------------------------------------
Though we did not identify any new technologies to reduce risk from
this source category beyond incremental improvements in the performance
of existing technology used to meet the kraft condensate standards, we
are specifically requesting comment on whether there are additional
cost-effective control measures that may be able to reduce risks from
the pulp and paper subpart S source category. In particular, we are
requesting states to identify any controls they have already required
for these facilities, any controls they are currently considering or
any other controls of which they may be aware.
C. What are the results and proposed decisions based on our technology
review?
We evaluated developments in practices, processes and control
technologies applicable to emission sources subject to the pulp and
paper MACT. This included a search of the RBLC, the Internet and our
database containing the 2011 Part I survey responses. For chemical
pulping and bleaching, we have determined that there have been no
advances in emission control measures since the subpart S standard was
originally promulgated in 1998.\47\ For kraft pulping process
condensates, we have determined that the technology has sufficiently
advanced since the 1998 MACT rule to warrant the development of an
updated standard. The 1998 MACT rule required kraft pulp mills to
either: (1) Recycle the condensates back to equipment that meet the
control standards for pulping system vents
[[Page 81345]]
(LVHC, HVLC), (2) treat the condensates to reduce or destroy the HAP by
at least 92 percent by weight, (3) treat the condensates to remove a
specified amount of HAPs (at least 10.2 lb/ODTP at mills performing
bleaching or 6.6 lb/ODTP at mills without bleaching), or (4) treat the
condensates to meet a specified HAP concentration at the control device
outlet (330 ppmw at mills performing bleaching or 210 ppmw at mills
without bleaching). The three control strategies expected to be used by
most mills are recycling the condensates, biological treatment and
steam stripping.
---------------------------------------------------------------------------
\47\ Additional details on our technology review are provided in
docket memoranda titled, Section 112(d)(6) Technology Review for
Pulping and Papermaking Processes, and Summary of Pulp Bleaching
Technology Review.
---------------------------------------------------------------------------
Our technology review of kraft condensates did not yield any
information about new technologies that could become the basis for
regulatory options. We then reviewed the 2011 pulp and paper ICR
database. In our review of the database, we found that most kraft pulp
mills chose the 92 percent control option for compliance demonstration
for kraft condensates rather than recycling. Only five mills use
recycling, two mills use both recycling and steam stripping, and four
mills use the aforementioned ppmw option to control kraft condensates.
Consequently, the focus of our technology review was on the control
efficiencies of wastewater treatment systems and steam stripping.
We reviewed the 2011 pulp and paper ICR database to determine if,
under the current control technologies, there were mills demonstrating
greater than the 92 percent minimum level of control (or any equivalent
demonstrations). We found that all kraft pulp mills are performing at a
higher level than the 92 percent minimum level of control.
For regulatory options, we developed an incremental scale of
improvement over the minimum 92 percent control, set up by percent
increments from 93 percent to 98 percent. An estimated four mills would
be impacted under the 93 percent option, 15 mills under the 94 percent
option, 28 mills under the 95 percent option, 41 mills under the 96
percent option, 54 mills under the 97 percent option and 66 under the
98 percent option.
We did not take the analysis beyond 98 percent because that level
was determined to be at the limit of control efficiency for one the
major control techniques, steam stripping, and it was equivalent to the
control level required for non-condensable gases ducted to controls
from LVHC and HVLC sources in 40 CFR 63.443(d)(1). After setting up the
percent increments, we established an equivalency between the different
percent control options and the lb/ODTP and ppmw options:
----------------------------------------------------------------------------------------------------------------
lb/ODTP option ppmw option
---------------------------------------------------- Annual HAP
Percent control, % Mills Mills Mills Mills cost, emissions
performing without performing without $million reduction,
bleaching bleaching bleaching bleaching tpy
----------------------------------------------------------------------------------------------------------------
93................................ 11.5 7.4 289 184 $0.99 2.0
94................................ 12.8 8.3 248 158 4.1 4.1
95................................ 14.0 9.1 206 131 9.0 6.1
96................................ 15.3 9.9 165 105 16 8.2
97................................ 16.6 10.7 124 79 25 10
98................................ 17.9 11.6 83 53 34 12
----------------------------------------------------------------------------------------------------------------
Finally, we estimated the costs and HAP emissions reductions
associated with each percent control option. Total annual costs for the
options ranged from $1 million to $34 million, and HAP emissions
reductions ranged from 2,000 to 12,000 tpy. Taking these costs and
emissions reductions into consideration, we are proposing the 94
percent option for controlling kraft condensates emissions, which is
estimated to cost $4 million per year, with an emissions reduction of
4,000 tpy and a cost effectiveness of $1,000 per ton of HAP.\48\
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\48\ Additional details on our kraft condensate technology
review and cost analysis are provided in the memoranda, Summary of
Kraft Condensate Control Technology Review, and Costs and
Environmental and Energy Impacts for Subpart S Risk and Technology
Review, in the docket for this proposed action.
---------------------------------------------------------------------------
D. What other actions are we proposing?
1. Startup, Shutdown and Malfunction
The U.S. Court of Appeals for the District of Columbia Circuit
vacated portions of two provisions in the EPA's CAA section 112
regulations governing the emissions of HAP during periods of SSM.
Sierra Club v. EPA, 551 F.3d 1019 (DC Cir. 2008), cert. denied, 130 S.
Ct. 1735 (U.S. 2010). Specifically, the Court vacated the SSM exemption
contained in 40 CFR 63.6(f)(1) and 40 CFR 63.6(h)(1), that are part of
a regulation, commonly referred to as the ``General Provisions Rule,''
that the EPA promulgated under CAA section 112(d). When incorporated
into CAA section 112(d) regulations for specific source categories,
these two provisions exempt sources from the requirement to comply with
the otherwise applicable CAA section 112(d) emission standard during
periods of SSM. In its decision, the Sierra Club court held that CAA
section 112 and section 302(k) are properly read together to require
continuous CAA section 112-compliant standards. 552 F.3d at 1027-28.
There are several provisions in the current regulations that
include an exemption for SSM events, akin to the exemption in 40 CFR
63.6(f)(1) and 40 CFR 63.6(h)(1). The DC Circuit vacated the SSM
exemption in 40 CFR 63.6(f)(1) and 40 CFR 63.6(h)(1), and we are
proposing to remove similar language in this rule. In addition, we are
proposing to remove the parenthetical language excluding periods of
startup, shutdown or malfunction from excess emissions calculations
contained within 40 CFR 63.443(e) and 40 CFR 63.459(b)(11)(ii) of this
rule, because this language is inconsistent with Sierra Club v. EPA.
The EPA is further proposing to eliminate the parenthetical language in
40 CFR 63.446(g) that includes startup, shutdown and malfunction
periods in excess emissions calculations because retaining such
language may incorrectly suggest that other excess emissions provisions
such as 40 CFR 63.443(e) that lack such language allow exclusion of
such periods in excess emissions calculations. In sum, retaining the
parenthetical concerning startup, shutdown and malfunction periods in
40 CFR 63.443(g) is unnecessary and may create confusion.
We are also proposing several revisions to Table 1 (the General
Provisions Applicability table). For example, we are proposing to
eliminate the incorporation of the General Provisions' requirement that
the source develop a SSM plan. We are further proposing to eliminate or
revise certain recordkeeping and reporting that related to the SSM
exemption. The EPA has attempted to ensure that we have not included in
the proposed regulatory language any provisions that are inappropriate,
unnecessary or
[[Page 81346]]
redundant in the absence of the SSM exemption. We are specifically
seeking comment on whether there are any such provisions that we have
inadvertently incorporated or overlooked.
Finally, we are requesting comment on whether to remove, or modify,
the excess emissions provisions for LVHC, HVLC and steam strippers in
40 CFR 63.443(e), 40 CFR 63.446(g), and 40 CFR 63.459(b)(11)(ii). The
basis for these provisions is discussed in the preamble to the final
rule at 63 FR 18529-18530, April 15, 1998. The basis for these excess
emission allowances (discussed in the preamble to the final rule at 63
FR 18529-18530) was to approximate the level of backup control that
exists at the best-performing mills and the associated periods of time
when no control device is available. For LVHC systems, one percent of
the operating hours on a semi-annual basis was determined to represent
the best performers; for HVLC systems four percent was established to
account for downtime due to flow balancing problems and unpredictable
pressure changes inherent in the HVLC system; and for steam stripper
systems ten percent was established to account for activities such as
stripper tray damage or plugging, efficiency losses in the stripper due
to contamination of condensate with fiber or black liquor, steam supply
downtime, and combustion control downtime. We request comment on
whether these provisions should be removed or modified in the final
rule, as the provisions create time periods during which a source does
not have to comply with a CAA section 112-compliant standard, which we
believe is arguably at odds with Sierra Club.
We specifically solicit comment on a variety of issues and request
that commenters provide data and information supporting their views. We
first request comment and information on the circumstances under which
such provisions have been relied upon in the past to remain in
compliance with subpart S, and whether such circumstances meet the
definitions of startup, shutdown or malfunction (as defined in 40 CFR
63.2), and if they do not, why not. We also seek information on the
frequency with which these provisions are used. The annual emissions
rates used in risk modeling for today's proposal incorporated emissions
that occur during excess emissions periods and the EPA has already
collected information on the use of backup controls through Part I of
the ICR. We are thus interested in additional information that
distinguishes between routine releases for which a source may be using
the excess allowance provisions and malfunction events. We request
information on: (1) The typical reasons for the releases, including a
description of the nature and cause of the release, (2) the frequency
of the releases, (3) the duration of such releases, (4) the estimated
amount of emissions that occurs during such periods, (5) any work
practices employed during excess emissions periods to reduce emissions,
and (6) any procedures currently used to monitor such releases.
Further, the EPA is interested in knowing whether the excess emissions
periods are necessary for technological reasons (e.g., equipment or
operational), and the amount of time needed to switch between routine
controls and any available backup controls (and whether venting is
necessary during these times for technological reasons).
As an alternative to removing the excess allowance provisions, we
request comment on whether such provisions should be revised by, for
example, (1) narrowing the provisions (such as limiting the
circumstances to which they apply), (2) setting an alternative
numerical emission limit during these periods, or (3) setting a work
practice standard during such periods consistent with the requirements
of CAA section 112(h). Accordingly, we are requesting comments that
would provide us information to evaluate these options, including
sufficient supporting emissions data or other information. We also
request comment on whether the current standard should be applied over
a longer averaging period, and whether a longer averaging period would
obviate the need for excess emissions periods. To the extent that any
person suggests that a work practice is appropriate, they will need to
provide support for the conclusion that work practices are permissible
under section 112(h) because a numerical standard is ``not feasible''
within the meaning of section 112(h)(2). This should include cost
information regarding monitoring, testing and controlling of emissions
from the sources during these periods. Finally, to the extent that any
person suggests that the excess emissions periods should be retained in
some form, they should explain how the revisions that they are
suggesting are consistent with the CAA.
In proposing the standards in this rule, the EPA has taken into
account startup and shutdown periods and is not proposing a different
standard for those periods. Nothing in the record suggests that the
operations (and attendant emissions) are significantly different during
startup or shutdown than during normal operation.
Periods of startup, normal operations and shutdown are all
predictable and routine aspects of a source's operations. However, by
contrast, malfunction is defined as a ``sudden, infrequent, and not
reasonably preventable failure of air pollution control and monitoring
equipment, process equipment or a process to operate in a normal or
usual manner * * *'' (40 CFR 63.2). The EPA has determined that CAA
section 112 does not require that emissions that occur during periods
of malfunction be factored into development of CAA section 112
standards. Under section 112, emissions standards for new sources must
be no less stringent than the level ``achieved'' by the best controlled
similar source and for existing sources generally must be no less
stringent than the average emission limitation ``achieved'' by the best
performing 12 percent of sources in the category. There is nothing in
section 112 that directs the agency to consider malfunctions in
determining the level ``achieved'' by the best performing or best
controlled sources when setting emission standards. Moreover, while the
EPA accounts for variability in setting emissions standards consistent
with the section 112 case law, nothing in that case law requires the
agency to consider malfunctions as part of that analysis. Section 112
uses the concept of ``best controlled'' and ``best performing'' unit in
defining the level of stringency that section 112 performance standards
must meet. Applying the concept of ``best controlled'' or ``best
performing'' to a unit that is malfunctioning presents significant
difficulties, as malfunctions are sudden and unexpected events.
Further, accounting for malfunctions would be difficult, if not
impossible, given the myriad different types of malfunctions that can
occur across all sources in the category and given the difficulties
associated with predicting or accounting for the frequency, degree and
duration of various malfunctions that might occur. As such, the
performance of units that are malfunctioning is not ``reasonably''
foreseeable. See, e.g., Sierra Club v. EPA, 167 F. 3d 658, 662 (DC Cir.
1999) (The EPA typically has wide latitude in determining the extent of
data-gathering necessary to solve a problem. We generally defer to an
agency's decision to proceed on the basis of imperfect scientific
information, rather than to ``invest the resources to conduct the
perfect study.''). See also, Weyerhaeuser v. Costle, 590 F.2d 1011,
1058 (DC Cir. 1978) (``In the nature of things, no general limit,
individual permit, or even
[[Page 81347]]
any upset provision can anticipate all upset situations. After a
certain point, the transgression of regulatory limits caused by
`uncontrollable acts of third parties,' such as strikes, sabotage,
operator intoxication or insanity, and a variety of other
eventualities, must be a matter for the administrative exercise of
case-by-case enforcement discretion, not for specification in advance
by regulation.''). In addition, the goal of a best controlled or best
performing source is to operate in such a way as to avoid malfunctions
of the source, and accounting for malfunctions could lead to standards
that are significantly less stringent than levels that are achieved by
a well-performing non-malfunctioning source. The EPA's approach to
malfunctions is consistent with section 112 and is a reasonable
interpretation of the statute.
In the event that a source fails to comply with the applicable CAA
section 112(d) standards as a result of a malfunction event, the EPA
would determine an appropriate response based on, among other things,
the good faith efforts of the source to minimize emissions during
malfunction periods, including preventative and corrective actions, as
well as root cause analyses to ascertain and rectify excess emissions.
The EPA would also consider whether the source's failure to comply with
the CAA section 112(d) standard was, in fact, ``sudden, infrequent, not
reasonably preventable'' and was not instead ``caused in part by poor
maintenance or careless operation.'' 40 CFR 63.2 (definition of
malfunction).
Finally, the EPA recognizes that even equipment that is properly
designed and maintained can sometimes fail and that such failure can
sometimes cause an exceedance of the relevant emission standard. (See,
e.g., State Implementation Plans: Policy Regarding Excessive Emissions
During Malfunctions, Startup, and Shutdown (Sept. 20, 1999); Policy on
Excess Emissions During Startup, Shutdown, Maintenance, and
Malfunctions (Feb. 15, 1983)). The EPA is therefore proposing to add to
the rule an affirmative defense to civil penalties for exceedances of
emission limits that are caused by malfunctions. See Sec. 63.456 for
this proposed addition (and see Sec. 63.441 for a definition of
``affirmative defense'' that means, in the context of an enforcement
proceeding, a response or defense put forward by a defendant, regarding
which the defendant has the burden of proof and the merits of which are
independently and objectively evaluated in a judicial or administrative
proceeding.). We also are proposing other regulatory provisions to
specify the elements that are necessary to establish this affirmative
defense; the source must prove by a preponderance of the evidence that
it has met all of the elements set forth in Sec. 63.456. (See 40 CFR
22.24). The criteria ensure that the affirmative defense is available
only where the event that causes an exceedance of the emission limit
meets the narrow definition of malfunction in 40 CFR 63.2 (sudden,
infrequent, not reasonable preventable and not caused by poor
maintenance and or careless operation). For example, to successfully
assert the affirmative defense, the source must prove by a
preponderance of the evidence that excess emissions ``[w]ere caused by
a sudden, infrequent, and unavoidable failure of air pollution control
and monitoring equipment, process equipment, or a process to operate in
a normal or usual manner * * *.'' The criteria also are designed to
ensure that steps are taken to correct the malfunction, to minimize
emissions in accordance with Sec. 63.456 and to prevent future
malfunctions. For example, the source must prove by a preponderance of
the evidence that ``[r]epairs were made as expeditiously as possible
when the applicable emission limitations were being exceeded * * *''
and that ``[a]ll possible steps were taken to minimize the impact of
the excess emissions on ambient air quality, the environment and human
health * * *.'' In any judicial or administrative proceeding, the
Administrator may challenge the assertion of the affirmative defense
and, if the respondent has not met its burden of proving all of the
requirements in the affirmative defense, appropriate penalties may be
assessed in accordance with section 113 of the CAA (see also 40 CFR
22.27).
Specifically, we are proposing the following changes to the rule
related to SSM:
(1) Revise 40 CFR 63.443(e), 63.446(g), and 63.459(b)(11)(ii) to
eliminate reference to periods of SSM;
(2) Revise 40 CFR 63.453(q) to incorporate the general duty from
40 CFR 63.6(e)(1)(i) to minimize emissions;
(3) Add 40 CFR 63.454(g), and 40 CFR 63.455(g) to require
reporting and recordkeeping requirements associated with periods of
malfunction;
(4) Add 40 CFR 63.456 (formerly reserved) to include an
affirmative defense to civil penalties for exceedances of emissions
limits caused by malfunctions, as well as criteria for establishing
the affirmative defense;
(5) Add 40 CFR 63.457(o) to specify the conditions for
performance tests; and
(6) Revise Table 1 to specify that 40 CFR 63.6 (e)(1)(i) and
(ii), 63.6(e)(3), 63.6(f)(1); 40 CFR 63.7(e)(1), 40 CFR
63.8(c)(1)(i) and (iii), and the last sentence of 63.8(d)(3); 40 CFR
63.10(b)(2)(i),(ii), (iv), and (v); 40 CFR 63.10(c)(10), (11), and
(15); and, 40 CFR 63.10(d)(5) of the General Provisions do not
apply.
We have attempted to ensure that we have not included in the
proposed regulatory language any provisions that are inappropriate,
unnecessary or redundant in the absence of the SSM exemption. We are
specifically seeking comment on whether there are any such provisions
that we have inadvertently incorporated or overlooked.
2. Repeat Testing
As part of an ongoing effort to improve compliance with various
federal air emission regulations, we reviewed the testing and
monitoring requirement of subpart S and are proposing the following
change.
We are proposing to require repeat air emissions performance
testing once every 5 years for facilities complying with the standards
for kraft, soda and semi-chemical pulping vent gases (Sec. 63.443(a));
sulfite processes (Sec. 63.444); and bleaching systems (Sec. 63.445).
Repeat performance tests are already required by permitting authorities
for some facilities.\49\ Further, we believe that requiring periodic
repeat performance tests will help to ensure that control systems are
properly maintained over time, thereby reducing the potential for acute
emissions episodes.\50\
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\49\ Located in 11 states.
\50\ For information on the cost associated with the proposed
repeat testing requirement, see the memorandum in the docket titled,
Costs and Environmental and Energy Impacts for Subpart S Risk and
Technology Review.
---------------------------------------------------------------------------
With today's proposal, repeat air emissions testing would be
required for mills complying with the kraft condensates standards in
Sec. 63.446 using a steam stripper (or other equipment serving the
same function) since such equipment is, by definition, part of the LVHC
system.
Quarterly sampling for four HAPs (acetaldehyde, methanol, MEK and
propionaldehyde) is currently required for biological treatment systems
to demonstrate compliance with the kraft condensates standards in Sec.
63.446(e)(2). We believe this sampling sufficiently demonstrates
compliance with the revised emissions standard we are proposing for
kraft condensates. However, we are interested in receiving comment on
the sampling and reporting methods used for these quarterly tests. We
note that MEK was removed from the HAP list in 2005.\51\ However, the
subpart S equations were derived considering inclusion of MEK. We
[[Page 81348]]
request comment on the appropriateness of re-deriving these equations
to eliminate MEK for the final rule.
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\51\ See 70 FR 75047, December 19, 2005.
---------------------------------------------------------------------------
We are not proposing repeat air emissions testing for facilities
complying with the CCA standards due to the complexity of this
compliance approach (e.g., comparison to baseline emissions
calculations) and the fact that it often involves both air and/or
liquid sampling depending on the CCA technology being used.
Nevertheless, we are requesting comment on whether repeat air emissions
testing is appropriate (or overly burdensome) for the CCA.
3. Electronic Reporting
The EPA must have performance test data to conduct effective
reviews of CAA sections 112 and 129 standards, as well as for many
other purposes including compliance determinations, emissions factor
development and annual emissions rate determinations. In conducting
these required reviews, the EPA has found it ineffective and time
consuming, not only for us, but also for regulatory agencies and source
owners and operators, to locate, collect and submit performance test
data because of varied locations for data storage and varied data
storage methods. In recent years, though, stack testing firms have
typically collected performance test data in electronic format, making
it possible to move to an electronic data submittal system that would
increase the ease and efficiency of data submittal and improve data
accessibility.
Through this proposal, the EPA is presenting a step to increase the
ease and efficiency of data submittal and improve data accessibility.
Specifically, the EPA is proposing that owners and operators of pulp
and paper facilities submit electronic copies of required performance
test reports to the EPA's WebFIRE database. The WebFIRE database was
constructed to store performance test data for use in developing
emissions factors. A description of the WebFIRE database is available
at http://cfpub.epa.gov/oarweb/index.cfm?action=fire.main.
As proposed above, data entry would be through an electronic
emissions test report structure called the ERT. The ERT would be able
to transmit the electronic report through the EPA's CDX network for
storage in the WebFIRE database making submittal of data very
straightforward and easy. A description of the ERT can be found at
http://www.epa.gov/ttn/chief/ert/ert_tool.html.
The proposal to submit performance test data electronically to the
EPA would apply only to those performance tests conducted using test
methods that will be supported by the ERT. The ERT contains a specific
electronic data entry form for most of the commonly used EPA reference
methods. A listing of the pollutants and test methods supported by the
ERT is available at http://www.epa.gov/ttn/chief/ert/ert_tool.html. We
believe that industry would benefit from this proposed approach to
electronic data submittal. Having these data, the EPA would be able to
develop improved emissions factors, make fewer information requests and
promulgate better regulations.
One major advantage of the proposed submittal of performance test
data through the ERT is a standardized method to compile and store much
of the documentation required to be reported by this rule. Another
advantage is that the ERT clearly states what testing information would
be required. Another important proposed benefit of submitting these
data to the EPA at the time the source test is conducted is that it
should substantially reduce the effort involved in data collection
activities in the future. When the EPA has performance test data in
hand, there will likely be fewer or less substantial data collection
requests in conjunction with prospective required residual risk
assessments or technology reviews. This would result in a reduced
burden on both affected facilities (in terms of reduced manpower to
respond to data collection requests) and the EPA (in terms of preparing
and distributing data collection requests and assessing the results).
State, local and tribal agencies could also benefit from more
streamlined and accurate review of electronic data submitted to them.
The ERT would allow for an electronic review process rather than a
manual data assessment, making review and evaluation of the source
provided data and calculations easier and more efficient. Finally,
another benefit of the proposed data submittal to WebFIRE
electronically is that these data would greatly improve the overall
quality of existing and new emissions factors by supplementing the pool
of emissions test data for establishing emissions factors and by
ensuring that the factors are more representative of current industry
operational procedures. A common complaint heard from industry and
regulators is that emissions factors are outdated or not representative
of a particular source category. With timely receipt and incorporation
of data from most performance tests, the EPA would be able to ensure
that emissions factors, when updated, represent the most current range
of operational practices. In summary, in addition to supporting
regulation development, control strategy development and other air
pollution control activities, having an electronic database populated
with performance test data would save industry, state, local, tribal
agencies and the EPA significant time, money and effort while also
improving the quality of emissions inventories and, as a result, air
quality regulations.
Records must be maintained in a form suitable and readily available
for expeditious review, according to Sec. 63.10(b)(1). Electronic
recordkeeping and reporting is available for many records, and is the
form considered most suitable for expeditious review if available.
Electronic recordkeeping and reporting is encouraged in this proposal,
and some records and reports are required to be kept in electronic
format. Records required to be maintained electronically include the
output of continuous monitors and the output of the bag leak detection
systems. Additionally, standard operating procedures for the bag leak
detection system and fugitive emissions control are required to be
submitted to the Administrator for approval in electronic format.
4. Other
The following lists additional minor changes to the subpart S
NESHAP and minor changes to the part 63 General Provisions that we are
proposing. This list includes proposed rule changes that address
editorial and other corrections.
(1) Revise 40 CFR 63.457(b)(1) to specify part 60, appendix A-1
for Method 1 or 1A;
(2) Revise 40 CFR 63.457(b)(3) to specify part 60, appendix A-1
for Method 2, 2A, 2C, or 2D;
(3) Revise 40 CFR 63.457(b)(5)(i) to include four additional
test methods--Method 320 of part 63, appendix A; Method 18 of part
60, appendix A-6; ASTM D6420-99; and ASTM D6348-03--for measuring
methanol emissions from pulp and paper processes;
(4) Revise 40 CFR 63.457(b)(5)(ii) to specify part 60, appendix
A-8 for Method 26A;
(5) Revise 40 CFR 63.457(d) to specify part 60, appendix A-7 for
Method 21; and
(6) Revise 40 CFR 63.457(k)(1) to specify part 60, appendix A-2
for Method 3A or 3B, and include ASME PTC 19.10--Part 10 as an
alternative to Method 3B;
(7) Revise 40 CFR 63.457(c)(3)(ii) to replace NCASI Method DI/
MEOH-94.02 with the more recent version of this method, NCASI Method
DI/MEOH-94.03;
(8) Add 40 CFR 63.14(f)(5) to incorporate by reference NCASI
Method DI/MEOH-94.03; and
(9) Revise 40 CFR 63.14(i)(1) to incorporate by reference ANSI/
ASME PTC 19.10-1981.
(10) Revise 40 CFR 63.14(b)(28) and (54) to incorporate by
reference ASTM D6420-99 and ASTM D6348-03, respectively.
[[Page 81349]]
E. Compliance Dates
We are proposing that existing facilities must comply with all of
the requirements in this action (other than affirmative defense
provisions and electronic reporting, which are effective upon
promulgation of the final rule) no later than 3 years after the
effective date of this rule. All new or reconstructed facilities must
comply with all requirements in this rule upon startup.
V. Summary of Cost, Environmental and Economic Impacts
A. What are the affected sources?
The affected source for kraft, soda, sulfite or semi-chemical
pulping processes is the total of all HAP emission points in the
pulping and bleaching systems. The affected source for mechanical,
secondary or non-wood pulping processes is the total of all HAP
emission points in the bleaching system.
B. What are the air quality impacts?
Under the proposed amendments, an estimated 15 mills would have to
upgrade their steam strippers or biological treatment systems to comply
with the more stringent kraft condensates standard. The current
proposal is estimated to reduce HAP emissions by approximately 4,000
tpy.
The proposed amendments would require an estimated 114 mills to
conduct repeat testing for pulping and bleaching operations and all 171
major sources in the category to operate without the SSM exemption. We
were unable to quantify the specific emissions reductions associated
with repeat emissions testing or eliminating the SSM exemption and
excess emissions allowance. However, repeat testing would provide
incentive for facilities to maintain their control systems and make
periodic adjustments to ensure peak performance, thereby reducing
emissions and the potential for periodic episodes of acute risk.
Eliminating the SSM exemption would provide an incentive for facilities
to minimize emissions during periods of SSM.
C. What are the cost impacts?
Under the proposed amendments, pulp and paper mills are expected to
incur costs to upgrade their steam strippers or biological treatment
systems to comply with the more stringent kraft condensates standard.
These mills would also incur costs to conduct repeat testing and record
malfunctions in support of the new affirmative defense in the rule. The
total nationwide annual costs associated with these new requirements is
$6.2 million.
D. What are the economic impacts?
The EPA performed an EIA of the proposed rule. The EIA, which
documents the data sources and methods used and provides detailed
results, can be found in the docket for this proposed action. This
section provides an overview of key results.
The EPA performed a series of single-market partial-equilibrium
analyses of national pulp and paper product markets to estimate the
economic consequences of the proposal. The models predict how the
regulatory program might affect prices and quantities for 10 paper and
paperboard products that, aggregated, constitute the entire production
of the papermaking industry. The EPA also conducted an economic welfare
analysis that estimated the consumer and producer surplus changes
associated with the regulatory program. The welfare analysis identifies
how the regulatory costs are distributed across two broad classes of
stakeholders: consumers and producers.
The market analysis found that the proposal is likely to induce
minimal changes in the average national price of paper and paperboard
products. Paper and paperboard product prices are predicted to increase
less than 0.01 percent on average, while production levels decrease
less than 0.01 percent on average, as a result of the proposal. The
partial equilibrium models predict that consumers will see reductions
in economic welfare of about $3.3 million as the result of higher
prices and reduced consumption. Although producers' welfare losses are
mitigated to some degree by slightly higher prices, market conditions
limit their ability to pass on all of the compliance costs. As a
result, producers are also predicted to experience a loss in economic
welfare of about $2.9 million.
The EPA performed a screening analysis for impacts on small
businesses by comparing estimated annualized engineering compliance
costs at the company-level to company sales. The screening analysis
found that the ratio of compliance cost to company revenue falls below
1 percent for the three small companies that are likely to be affected
by the proposal. Based on this analysis, the EPA presumes there is no
SISNOSE arising from the proposed NESHAP amendments.
Additionally, the EPA estimated the annual labor required to comply
with the requirements of the proposal. To do this, the EPA first
estimated the labor required for emission control equipment operation
and maintenance, then converted this number to FTEs by dividing by
2,080 (40 hours per week multiplied by 52 weeks). The annual labor
requirement to comply with the proposal is estimated at about five
full-time-equivalent employees. The EPA notes that this type of FTE
estimate cannot be used to make assumptions about the specific number
of people involved or whether new jobs are created for new employees.
While a series of partial equilibrium models was used to analyze
the economic impacts of this proposal, the EPA notes that it is
currently developing the ISIS model for the United States pulp and
paper industry. When completed, the ISIS model for the pulp and paper
industry will be a dynamic engineering-economic model that facilitates
analysis of emissions reduction strategies for multiple pollutants,
while taking into account plant-level economic and technical factors,
such as the type of mill, associated capacity, location, cost of
production, applicable controls and costs. By considering various
emissions reduction strategies, the model, when completed, will provide
information on optimal industry operation and determine the most cost-
effective controls to meet the demand for pulp and paper products and
the emissions reduction requirements for a given time period of
interest.
E. What are the benefits?
The proposed rule is expected to result in a reduction of
approximately 4,000 tpy of HAP. We have not quantified the monetary
benefits associated with these reductions.
VI. Request for Comments
We are soliciting comments on all aspects of this proposed action.
In addition to general comments on this proposed action, we are also
interested in any additional data that may help to reduce the
uncertainties inherent in the risk assessments and other analyses. We
are specifically interested in receiving corrections to the site-
specific emissions profiles used for risk modeling. Such data should
include supporting documentation in sufficient detail to allow
characterization of the quality and representativeness of the data or
information. Section VII of this preamble provides more information on
submitting data.
VII. Submitting Data Corrections
The site-specific emissions profiles used in the source category
risk analyses are available for download on the RTR web page at: http://www.epa.gov/ttn/atw/rrisk/rtrpg.html. The data files include detailed
information for each
[[Page 81350]]
HAP emissions release point for each facility included in the source
category.
If you believe that the data are not representative or are
inaccurate, please identify the data in question, provide your reason
for concern and provide any ``improved'' data that you have, if
available. When you submit data, we request that you provide
documentation of the basis for the revised values to support your
suggested changes. To submit comments on the data downloaded from the
RTR web page, complete the following steps:
1. Within this downloaded file, enter suggested revisions to the
data fields appropriate for that information. The data fields that may
be revised include the following:
------------------------------------------------------------------------
Data element Definition
------------------------------------------------------------------------
Control Measure.............. Are control measures in place? (yes or
no).
Control Measure Comment...... Select control measure from list
provided, and briefly describe the
control measure.
Delete....................... Indicate here if the facility or record
should be deleted.
Delete Comment............... Describes the reason for deletion.
Emissions Calculation Method Code description of the method used to
Code For Revised Emissions. derive emissions. For example, CEMS,
material balance, stack test, etc.
Emissions Process Group...... Enter the general type of emissions
process associated with the specified
emissions point.
Fugitive Angle............... Enter release angle (clockwise from true
North); orientation of the y-dimension
relative to true North, measured
positive for clockwise starting at 0
degrees (maximum 89 degrees).
Fugitive Length.............. Enter dimension of the source in the east-
west (x-) direction, commonly referred
to as length (ft).
Fugitive Width............... Enter dimension of the source in the
north-south (y-) direction, commonly
referred to as width (ft).
Malfunction Emissions........ Enter total annual emissions due to
malfunctions (tpy).
North American Datum......... Enter datum for latitude/longitude
coordinates (NAD27 or NAD83); if left
blank, NAD83 is assumed.
Process Comment.............. Enter general comments about process
sources of emissions.
REVISED Address.............. Enter revised physical street address for
MACT facility here.
REVISED City................. Enter revised city name here.
REVISED County Name.......... Enter revised county name here.
REVISED Emissions Release Enter revised Emissions Release Point
Point Type. Type here.
REVISED End Date............. Enter revised End Date here.
REVISED Exit Gas Flow Rate... Enter revised Exit Gas Flowrate here
(ft\3\/sec).
REVISED Exit Gas Temperature. Enter revised Exit Gas Temperature here
([deg]F).
REVISED Exit Gas Velocity.... Enter revised Exit Gas Velocity here (ft/
sec).
REVISED Facility Category Enter revised Facility Category Code
Code. here, which indicates whether facility
is a major or area source.
REVISED Facility Name........ Enter revised Facility Name here.
REVISED Facility Registry Enter revised Facility Registry
Identifier. Identifier here, which is an ID assigned
by the EPA Facility Registry System.
REVISED HAP Emissions Enter revised HAP Emissions Performance
Performance Level Code. Level here.
REVISED Latitude............. Enter revised Latitude here (decimal
degrees).
REVISED Longitude............ Enter revised Longitude here (decimal
degrees).
REVISED MACT Code............ Enter revised MACT Code here.
REVISED Pollutant Code....... Enter revised Pollutant Code here.
REVISED Routine Emissions.... Enter revised routine emissions value
here (tpy).
REVISED SCC Code............. Enter revised SCC Code here.
REVISED Stack Diameter....... Enter revised Stack Diameter here (ft).
REVISED Stack Height......... Enter revised Stack Height here (ft).
REVISED Start Date........... Enter revised Start Date here.
REVISED State................ Enter revised State here.
REVISED Tribal Code.......... Enter revised Tribal Code here.
REVISED Zip Code............. Enter revised Zip Code here.
Shutdown Emissions........... Enter total annual emissions due to
shutdown events (tpy).
Stack Comment................ Enter general comments about emissions
release points.
Startup Emissions............ Enter total annual emissions due to
startup events (tpy).
Year Closed.................. Enter date facility stopped operations.
------------------------------------------------------------------------
2. Fill in the commenter information fields for each suggested
revision (i.e., commenter name, commenter organization, commenter email
address, commenter phone number and revision comments).
3. Gather documentation for any suggested emissions revisions
(e.g., performance test reports, material balance calculations).
4. Send the entire downloaded file with suggested revisions in
Microsoft[supreg] Access format and all accompanying documentation to
Docket ID Number EPA-HQ-OAR-2007-0544 (through one of the methods
described in the ADDRESSES section of this preamble)..
5. If you are providing comments on a facility, you need only
submit one file for that facility, which should contain all suggested
changes for all sources at that facility. We request that all data
revision comments be submitted in the form of updated Microsoft[supreg]
Access files, which are provided on the RTR web page at: http://www.epa.gov/ttn/atw/rrisk/rtrpg.html. (Note: If you wish to compare
your Pulp and paper ICR Part II submittal to the dataset available on
the RTR web page, then you may find it useful to refer to the
memorandum in the docket titled, ``Inputs to the Pulp and Paper
Industry October 2011 Residual Risk Modeling,'' since this memorandum
describes how the Part II
[[Page 81351]]
data were standardized for regulatory review.)
VIII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is a ``significant regulatory action'' because it raises novel
legal and policy issues. Accordingly, the EPA submitted this action to
OMB for review under Executive Order 12866 and 13563 (76 FR 3821,
January 21, 2011), and any changes made in response to OMB
recommendations have been documented in the docket for this action.
B. Paperwork Reduction Act
The information collection requirements in this proposed rule have
been submitted for approval to OMB under the PRA, 44 U.S.C. 3501 et
seq. The ICR document prepared by the EPA has been assigned EPA ICR
number 2452.01. The information collection requirements are not
enforceable until OMB approves them. The information requirements are
based on notification, recordkeeping and reporting requirements in the
NESHAP General Provisions (40 CFR part 63, subpart A), which are
mandatory for all operators subject to national emissions standards.
These recordkeeping and reporting requirements are specifically
authorized by CAA section 114 (42 U.S.C. 7414). All information
submitted to the EPA pursuant to the recordkeeping and reporting
requirements for which a claim of confidentiality is made is
safeguarded according to agency policies set forth in 40 CFR part 2,
subpart B.
We are proposing new paperwork requirements to the pulp and paper
source category in the form of repeat testing for selected process
equipment, as described in 40 CFR 63.457(a)(2) and recordkeeping of
malfunctions, as described in 40 CFR 63.454(g) (conducted in support of
the affirmative defense provisions, as described in 40 CFR 63.456).
More specifically, we are proposing the addition of stack testing every
5 years for total HAP for chemical pulping operations and bleaching
operations at pulp and paper mills.
For this proposed rule, the EPA is adding affirmative defense to
the estimate of burden in the ICR. To provide the public with an
estimate of the relative magnitude of the burden associated with an
assertion of the affirmative defense position adopted by a source, the
EPA has provided administrative adjustments to this ICR to show what
the notification, recordkeeping and reporting requirements associated
with the assertion of the affirmative defense might entail. The EPA's
estimate for the required notification, reports and records for any
individual incident, including the root cause analysis, totals $3,258
and is based on the time and effort required of a source to review
relevant data, interview plant employees and document the events
surrounding a malfunction that has caused an exceedance of an emissions
limit. The estimate also includes time to produce and retain the record
and reports for submission to the EPA. The EPA provides this
illustrative estimate of this burden because these costs are only
incurred if there has been a violation and a source chooses to take
advantage of the affirmative defense.
Given the variety of circumstances under which malfunctions could
occur, as well as differences among sources' operation and maintenance
practices, we cannot reliably predict the severity and frequency of
malfunction-related excess emissions events for a particular source. It
is important to note that the EPA has no basis currently for estimating
the number of malfunctions that would qualify for an affirmative
defense. Current historical records would be an inappropriate basis, as
source owners or operators previously operated their facilities in
recognition that they were exempt from the requirement to comply with
emissions standards during malfunctions. Of the number of excess
emissions events reported by source operators, only a small number
would be expected to result from a malfunction (based on the definition
above), and only a subset of excess emissions caused by malfunctions
would result in the source choosing to assert the affirmative defense.
Thus we believe the number of instances in which source operators might
be expected to avail themselves of the affirmative defense will be
extremely small. For this reason, we estimate no more than 2 or 3 such
occurrences for all sources subject to subpart S over the 3-year period
covered by this ICR. We expect to gather information on such events in
the future and will revise this estimate as better information becomes
available.
The estimated recordkeeping and reporting burden associated with
subpart S after the effective date of the proposed rule is estimated to
be 52,300 labor hours at a cost of $4.94 million per year, and total
non-labor capital and O&M costs of $841,000 per year. This estimate
includes reporting costs, such as reading and understanding the rule
requirements, conducting required activities (e.g., stack testing,
inspections), and preparing notifications and compliance reports and
recordkeeping costs associated with malfunctions, monitoring and
inspections. The total burden for the federal government is estimated
to be 6,870 hours per year at a total labor cost of $310,000 per year.
Burden is defined at 5 CFR 1320.3(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. The OMB control numbers for the
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When this ICR
is approved by OMB, the agency will publish a technical amendment to 40
CFR part 9 in the Federal Register to display the OMB control numbers
for the approved information collection requirements contained in the
final rule.
To comment on the agency's need for this information, the accuracy
of the provided burden estimates and any suggested methods for
minimizing respondent burden, the EPA has established a public docket
for this rule which includes this ICR, under Docket ID Number EPA-HQ-
OAR-2007-0544. Submit any comments related to the ICR to the EPA and
OMB. See ADDRESSES section at the beginning of this notice for where to
submit comments to the EPA. Send comments to OMB at the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street NW., Washington, DC 20503, Attention: Desk Office for
the EPA. Since OMB is required to make a decision concerning the ICR
between 30 and 60 days after December 27, 2011, a comment to OMB is
best assured of having its full effect if OMB receives it by January
26, 2012. The final rule will respond to any OMB or public comments on
the information collection requirements contained in this proposal.
C. Regulatory Flexibility Act
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act, or any
other statute, unless the agency certifies that the rule will not have
a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations
and small governmental jurisdictions.
[[Page 81352]]
For purposes of assessing the impacts of this proposed rule on
small entities, small entity is defined as: (1) A small business as
defined by the SBA's regulations at 13 CFR 121.201; (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field. For this source category, which has the general
NAICS code 322 (i.e., Paper Manufacturing), the SBA small business size
standard is 500 to 750 employees (depending on the specific NAICS code)
according to the SBA small business standards definitions. We have
estimated the cost impacts of the proposed rule and have determined
that the impacts do not constitute a significant economic impact on a
substantial number of small entities.
After considering the economic impacts of this proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. (See the EIA
in the docket for this proposed rule.) Only three of the companies
affected are considered small entities per the definition provided in
this section. We estimate that this proposed action will not have a
significant economic impact on those three companies. The impact of
this proposed action will be an annualized compliance cost of less than
1 percent of each company's revenues.
Although this proposed rule will not have a significant economic
impact on a substantial number of small entities, the EPA nonetheless
has tried to reduce the impact of this rule on small entities. The
proposed repeat testing requirement was established in a way that
minimizes the costs for testing and reporting while still providing the
agency the necessary information needed to ensure continuous compliance
with the proposed standards. The proposed malfunction recordkeeping
requirement was designed to provide all pulp and paper companies,
including small entities, with a means of supporting an affirmative
defense in the event of an exceedance occurring during a malfunction.
We continue to be interested in the potential impacts of the
proposed rule on small entities and welcome comments on issues related
to such impacts.
D. Unfunded Mandates Reform Act
This proposed rule does not contain a federal mandate that may
result in expenditures of $100 million or more for state, local and
tribal governments, in the aggregate or the private sector in any 1
year. This proposed rule is not expected to impact state, local or
tribal governments. The nationwide annual cost of this proposed rule
for affected sources is $6.2 million. Thus, this rule is not subject to
the requirements of sections 202 and 205 of the UMRA.
This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This rule will not
apply to such governments and will not impose any obligations upon
them.
E. Executive Order 13132: Federalism
This proposed rule does not have federalism implications. It will
not have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. None of the facilities subject
to this action are owned or operated by state governments, and, nothing
in this proposal will supersede state regulations. The burden to the
respondents and the states is less than $6.2 million for the entire
source category. Thus, Executive Order 13132 does not apply to this
proposed rule.
In the spirit of Executive Order 13132, and consistent with the EPA
policy to promote communications between the EPA and state and local
governments, the EPA specifically solicits comment on this proposed
rule from state and local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This proposed rule does not have tribal implications, as specified
in Executive Order 13175 (65 FR 67249, November 9, 2000). It will not
have substantial direct effect on tribal governments, on the
relationship between the federal government and Indian tribes, or on
the distribution of power and responsibilities between the federal
government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this action. However, the
EPA did outreach and consultation on this rule. The EPA presented this
information to the tribes prior to proposal of this rule via a call
with the National Tribal Air Association. In addition, the EPA
presented the information on the sources and the industry at the
National Tribal Forum in Spokane Washington. The EPA also offered
consultation by letters sent to all tribal leaders. We held that
consultation with the Nez Perce, Forest County Potowatomi and Leech
Lake Band of Ojibewa on October 6, 2011.
The EPA specifically solicits additional comment on this proposed
action from tribal officials.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This proposed rule is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997) because it is not economically significant as
defined in Executive Order 12866, and because the agency does not
believe the environmental health risks or safety risks addressed by
this action present a disproportionate risk to children. This action's
health and risk assessments are contained in sections III and IV of
this preamble.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not a ``significant energy action'' as defined under
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not
likely to have a significant adverse effect on the supply, distribution
or use of energy. This action will not create any new requirements for
sources in the energy supply, distribution or use sectors.
I. National Technology Transfer and Advancement Act
Section 12(d) of the NTTAA, Public Law No. 104-113, (15 U.S.C. 272
note), directs the EPA to use VCS in its regulatory activities, unless
to do so would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., materials specifications, test methods, sampling procedures and
business practices) that are developed or adopted by VCS bodies. The
NTTAA directs the EPA to provide Congress, through OMB, explanations
when the agency decides not to use available and applicable VCS.
This proposed rulemaking involves technical standards. The EPA
proposes to use three VCS in this proposed rule. One VCS, ASME PTC
19.10-1981, ``Flue and Exhaust Gas Analyses,'' is cited in this
proposed rule for its manual method of measuring the content of the
exhaust gas as an acceptable alternative to EPA Method 3B of appendix
A-2. This standard is available at http://
[[Page 81353]]
www.asme.org or by mail at the American Society of Mechanical Engineers
(ASME), P.O. Box 2900, Fairfield, NJ 07007-2900; or at Global
Engineering Documents, Sales Department, 15 Inverness Way East,
Englewood, CO 80112.
The VCS, ASTM D6420-99 (2010), ``Test Method for Determination of
Gaseous Organic Compounds by Direct Interface Gas Chromatography/Mass
Spectrometry'' is cited as an acceptable alternative to EPA Method 18.
Also, ASTM D6348-03 (2010), ``Test Method for Determination of Gaseous
Compounds by Extractive Direct Interface Fourier Transform (FTIR)
Spectroscopy,'' was determined to be an acceptable alternative to EPA
Method 320. The EPA Methods 18 and 320 are proposed to be added as
alternatives to EPA Method 308 for measurement of methanol emissions.
These methods are available for purchase from ASTM, 100 Barr Harbor
Drive, Post Office Box C700, West Conshohocken, PA 19428-2959; or
ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106.
While the EPA has identified another 14 VCS as being potentially
applicable to this proposed rule, we have decided not to use these VCS
in this rulemaking. The use of these VCS would be impractical because
they do not meet the objectives of the standards cited in this rule.
See the docket for this proposed rule for the reasons for these
determinations.
Under 40 CFR 63.7(e)(2)(ii) and (f) and 63.8(f) of the NESHAP
General Provisions, a source may apply to the EPA for permission to use
alternative test methods or alternative monitoring requirements in
place of any required testing methods, performance specifications, or
procedures in the final rule and any amendments.
The EPA welcomes comments on this aspect of the proposed rulemaking
and, specifically, invites the public to identify potentially
applicable VCS and to explain why such standards should be used in this
regulation.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low income
populations in the United States.
EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority, low income, indigenous populations because it
increases the level of environmental protection for all affected
populations without having any disproportionately high and adverse
human health or environmental effects on any population, including any
minority, low income, or indigenous populations.
These proposed standards will improve public health and welfare,
now and in the future, by reducing HAP emissions contributing to
environmental and human health impacts. These reductions in HAP
associated with the rule are expected to benefit all populations.
Additionally, the agency has reviewed this rule to determine if
there is an overrepresentation of minority, low income, or indigenous
populations near the sources such that they may face disproportionate
exposure from pollutants that could be mitigated by this rulemaking.
Although this analysis gives some indication of populations that may be
exposed to levels of pollution that cause concern, it does not identify
the demographic characteristics of the most highly affected individuals
or communities.
The demographic data show that while most demographic categories
are below, or within, 2 percentage points of national averages, the
African-American population exceeds the national average by 3
percentage points (15 percent versus 12 percent), or +25 percent. The
facility-level demographic analysis results are presented in the
November 2011 memorandum titled Review of Environmental Justice
Impacts: Pulp and Paper, a copy of which is available in the docket for
this action (EPA-HQ-OAR-2007-0544).
The analysis of demographic data used proximity-to-a-source as a
surrogate for exposure to identify those populations considered to be
living near affected sources, such that they have notable exposures to
current emissions from these sources. The demographic data for this
analysis were extracted from the 2000 census data, which were provided
to the EPA by the United States Census Bureau. Distributions by race
are based on demographic information at the census block level, and all
other demographic groups are based on the extrapolation of census block
group level data to the census block level. The socio-demographic
parameters used in the analysis included the following categories:
Racial (White, African American, Native American, Other or Multiracial,
and All Other Races); Ethnicity (Hispanic); and Other (Number of people
below the poverty line, Number of people with ages between 0 and 18,
Number of people with ages greater than or equal to 65, Number of
people with no high school diploma).
In determining the aggregate demographic makeup of the communities
near affected sources, the EPA focused on those census blocks within 3
miles of affected sources and determined the demographic composition
(e.g., race, income, etc.) of these census blocks and compared them to
the corresponding compositions nationally. The radius of 3 miles (or
approximately 5 km) is consistent with other demographic analyses
focused on areas around potential sources.52 53 54 55 In
addition, air quality modeling experience has shown that the area
within 3 miles of an individual source of emissions can generally be
considered the area with the highest ambient air levels of the primary
pollutants being emitted for most sources, both in absolute terms and
relative to the contribution of other sources (assuming there are other
sources in the area, as is typical in urban areas). While facility
processes and fugitive emissions may have more localized impacts, the
EPA acknowledges that because of various stack heights, there is the
potential for dispersion beyond 3 miles. To the extent that any
minority, low income, or indigenous subpopulation is disproportionately
impacted by the current emissions as a result of the proximity of their
homes to these sources, that subpopulation also stands to see increased
environmental and health benefit from the emissions reductions called
for by this rule.
---------------------------------------------------------------------------
\52\ U.S. GAO (Government Accountability Office). Demographics
of People Living Near Waste Facilities. Washington, DC: Government
Printing Office; 1995.
\53\ Mohai P, Saha R. ``Reassessing Racial and Socio-economic
Disparities in Environmental Justice Research.'' Demography.
2006;43(2): 383-399.
\54\ Mennis J. ``Using Geographic Information Systems to Create
and Analyze Statistical Surfaces of Populations and Risk for
Environmental Justice Analysis.'' Social Science Quarterly,
2002;83(1): 281-297.
\55\ Bullard RD, Mohai P, Wright B, Saha R, et al. Toxic Waste
and Race at Twenty 1987-2007. United Church of Christ. March, 2007.
---------------------------------------------------------------------------
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
[[Page 81354]]
substances, Reporting and recordkeeping requirements.
Dated: December 15, 2011.
Lisa P. Jackson,
Administrator.
For the reasons stated in the preamble, the Environmental
Protection Agency proposes to amend Title 40, chapter I of the Code of
Federal Regulations 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 A--[Amended]
2. Section 63.14 is amended by adding paragraph (f)(5) and revising
paragraphs (b)(28), (b)(54) and (i)(1) to read as follows:
Sec. 63.14 Incorporations by reference.
* * * * *
(b) * * *
(28) ASTM D6420-99 (Reapproved 2004), Standards Test Method for
Determination of Gaseous Organic Compounds by Direct Interface Gas
Chromatography-Mass Spectrometry, IBR approved for Sec. Sec.
60.485(g)(5), 60.485a(g)(5), 63.457(b)(5)(i), 63.772(a)(1)(ii),
63.2354(b)(3)(i), 63.2354(b)(3)(ii), 63.2354(b)(3)(ii)(A), and
63.2351(b)(3)(ii)(B).
* * * * *
(54) ASTM D6348-03, Standard Test Method for Determination of
Gaseous Compounds by Extractive Direct Interface Fourier Transform
Infrared (FTIR) Spectroscopy, incorporation by reference (IBR) approved
for Sec. 63.457(b)(5)(i) of subpart S, Sec. 63.1349(b)(4)(iii) of
subpart LLL, and table 4 to subpart DDDD of this part as specified in
the subpart.
* * * * *
(f) * * *
(5) NCASI Method DI/MEOH-94.03, Methanol in Process Liquids and
Wastewaters by GC/FID, May 2000, NCASI, Research Triangle Park, NC, IBR
approved for Sec. Sec. 63.457(c)(3)(ii), 63.459(b)(5)(iv)(A),
63.459(b)(5)(iv)(A)(2), and 63.459(b)(8)(iii) of subpart S of this
part.
* * * * *
(i) * * *
(1) ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses [Part
10, Instruments and Apparatus],'' IBR approved for Sec. Sec.
63.309(k)(1)(iii), 63.457(k)(1), 63.865(b), 63.3166(a)(3),
63.3360(e)(1)(iii), 63.3545(a)(3), 63.3555(a)(3), 63.4166(a)(3),
63.4362(a)(3), 63.4766(a)(3), 63.4965(a)(3), 63.5160(d)(1)(iii),
63.9307(c)(2), 63.9323(a)(3), 63.11148(e)(3)(iii), 63.11155(e)(3),
63.11162(f)(3)(iii) and (f)(4), 63.11163(g)(1)(iii) and (g)(2),
63.11410(j)(1)(iii), 63.11551(a)(2)(i)(C), table 5 to subpart DDDDD of
this part, table 1 to subpart ZZZZZ of this part, and table 4 to
subpart JJJJJJ of this part.
* * * * *
Subpart S--[Amended]
3. Section 63.441 is amended by adding a definition for
``affirmative defense'' to read as follows:
Sec. 63.441 Definitions.
* * * * *
Affirmative defense means, in the context of an enforcement
proceeding, a response or defense put forward by a defendant, regarding
which the defendant has the burden of proof, and the merits of which
are independently and objectively evaluated in a judicial or
administrative proceeding.
* * * * *
4. Section 63.443 is amended by revising paragraph (e) introductory
text to read as follows:
Sec. 63.443 Standards for the pulping system at kraft, soda, and
semi-chemical processes.
* * * * *
(e) Periods of excess emissions reported under Sec. 63.455 shall
not be a violation of Sec. 63.443(c) and (d) provided that the time of
excess emissions divided by the total process operating time in a semi-
annual reporting period does not exceed the following levels:
* * * * *
5. Section 63.446 is amended as follows:
a. By revising paragraph (e)(3);
b. By revising paragraph (e)(4);
c. By revising paragraph (e)(5); and
d. By revising paragraph (g).
Sec. 63.446 Standards for kraft pulping process condensates.
* * * * *
(e) * * *
(3) Treat the pulping process condensates to reduce or destroy the
total HAPs by at least 92 percent or more by weight on or before [DATE
3 YEARS FROM DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL
REGISTER]. After [DATE 3 YEARS FROM DATE OF PUBLICATION OF FINAL RULE
IN THE FEDERAL REGISTER], treat pulping process condensates to reduce
or destroy the total HAPs by at least 94 percent or more by weight; or
(4) At mills that do not perform bleaching, on or before [DATE 3
YEARS FROM DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER]
treat the pulping process condensates to remove 3.3 kilograms or more
of total HAP per megagram (6.6 pounds per ton) of ODP, or achieve a
total HAP concentration of 210 parts per million or less by weight at
the outlet of the control device. After [DATE 3 YEARS FROM DATE OF
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], treat the pulping
process condensates to remove 4.2 kilograms or more of total HAP per
megagram (8.3 pounds per ton) of ODP, or achieve a total HAP
concentration of 158 parts per million or less by weight at the outlet
of the control device; or
(5) At mills that perform bleaching, on or before [DATE 3 YEARS
FROM DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER] treat
the pulping process condensates to remove 5.1 kilograms or more of
total HAP per megagram (10.2 pounds per ton) of ODP, or achieve a total
HAP concentration of 330 parts per million or less by weight at the
outlet of the control device. After [DATE 3 YEARS FROM DATE OF
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], treat the pulping
process condensates to remove 6.4 kilograms or more of total HAP per
megagram (12.8 pounds per ton) of ODP, or achieve a total HAP
concentration of 248 parts per million or less by weight at the outlet
of the control device.
* * * * *
(g) For each control device (e.g. steam stripper system or other
equipment serving the same function) used to treat pulping process
condensates to comply with the requirements specified in paragraphs
(e)(3) through (e)(5) of this section, periods of excess emissions
reported under Sec. 63.455 shall not be a violation of paragraphs (d),
(e)(3) through (e)(5), and (f) of this section provided that the time
of excess emissions divided by the total process operating time in a
semi-annual reporting period does not exceed 10 percent. The 10 percent
excess emissions allowance does not apply to treatment of pulping
process condensates according to paragraph (e)(2) of this section (e.g.
the biological wastewater treatment system used to treat multiple
(primarily non-condensate) wastewater streams to comply with the Clean
Water Act).
* * * * *
6. Section 63.453 is amended by adding paragraph (q) to read as
follows:
Sec. 63.453 Monitoring requirements.
* * * * *
[[Page 81355]]
(q) At all times, the owner or operator must operate and maintain
any affected source, including associated air pollution control
equipment and monitoring equipment, in a manner consistent with safety
and good air pollution control practices for minimizing emissions.
Determination of whether such operation and maintenance procedures are
being used will be based on information available to the Administrator
which may include, but is not limited to, monitoring results, review of
operation and maintenance procedures, review of operation and
maintenance records, and inspection of the source.
7. Section 63.454 is amended by revising paragraph (a) and adding
paragraph (g) to read as follows:
Sec. 63.454 Recordkeeping requirements.
(a) The owner or operator of each affected source subject to the
requirements of this subpart shall comply with the recordkeeping
requirements of Sec. 63.10, as shown in table 1 of this subpart, and
the requirements specified in paragraphs (b) through (g) of this
section for the monitoring parameters specified in Sec. 63.453.
* * * * *
(g) Recordkeeping of malfunctions. The owner or operator must
maintain the following records of malfunctions:
(1) Records of the occurrence and duration of each malfunction of
operation (i.e., process equipment) or the air pollution control and
monitoring equipment.
(2) Records of actions taken during periods of malfunction to
minimize emissions in accordance with Sec. 63.453(q), including
corrective actions to restore malfunctioning process and air pollution
control and monitoring equipment to its normal or usual manner of
operation.
8. Section 63.455 is amended by adding paragraphs (g) and (h) to
read as follows:
Sec. 63.455 Reporting requirements.
* * * * *
(g) Malfunction reporting requirements. If a malfunction occurred
during the reporting period, the report must include the number,
duration, and a brief description for each type of malfunction which
occurred during the reporting period and which caused or may have
caused any applicable emission limitation to be exceeded. The report
must also include a description of actions taken by an owner or
operator during a malfunction of an affected source to minimize
emissions in accordance with Sec. 63.453(q), including actions taken
to correct a malfunction.
(h) You must submit performance test reports as specified in
paragraphs (h)(1) through (4).
(1) The owner or operator of an affected source shall report the
results of the performance test before the close of business on the
60th day following the completion of the performance test, unless
approved otherwise in writing by the Administrator. A performance test
is ``completed'' when field sample collection is terminated. Unless
otherwise approved by the Administrator in writing, results of a
performance test shall include the analysis of samples, determination
of emissions, and raw data. A complete test report must include the
purpose of the test; a brief process description; a complete unit
description, including a description of feed streams and control
devices; sampling site description; pollutants measured; description of
sampling and analysis procedures and any modifications to standard
procedures; quality assurance procedures; record of operating
conditions, including operating parameters for which limits are being
set, during the test; record of preparation of standards; record of
calibrations; raw data sheets for field sampling; raw data sheets for
field and laboratory analyses; chain-of-custody documentation;
explanation of laboratory data qualifiers; example calculations of all
applicable stack gas parameters, emission rates, percent reduction
rates, and analytical results, as applicable; and any other information
required by the test method and the Administrator.
(2) As of January 1, 2012 and within 60 days after the date of
completing each performance test, you must submit performance test
data, except opacity data, electronically to EPA's Central Data
Exchange (CDX) by using the Electronic Reporting Tool (ERT) (see http://www.epa.gov/ttn/chief/ert/ert_tool.html) and also report the results
of the performance test to the appropriate permitting authority in the
form and-or format specified by the permitting authority. Only data
collected using test methods compatible with ERT are subject to this
requirement to be submitted electronically to EPA's CDX.
(3) Within 60 days after the date of completing each CEMS
performance evaluation test, as defined in Sec. 63.2 and required by
this subpart, you must submit the relative accuracy test audit data
electronically into EPA's CDX by using the ERT as mentioned in
paragraph (h)(2) of this section and also report the results of the
performance test to the appropriate permitting authority in the form
and-or format specified by the permitting authority. Only data
collected using test methods compatible with ERT are subject to this
requirement to be submitted electronically to EPA's CDX.
(4) All reports required by this subpart not subject to the
requirements in paragraphs (h)(2) and (3) of this section must be sent
to the Administrator at the appropriate address listed in Sec. 63.13.
The Administrator or the delegated authority may request a report in
any form suitable for the specific case (e.g., by electronic media such
as Excel spreadsheet, on CD or hard copy). The Administrator retains
the right to require submittal of reports subject to paragraphs (h)(2)
and (3) of this section in paper format.
9. Section 63.456 is added to read as follows:
Sec. 63.456 Affirmative Defense for Exceedance of Emission Limit
During Malfunction.
In response to an action to enforce the standards set forth in
paragraphs Sec. Sec. 63.443(c) and (d), 63.444(b) and (c), 63.445(b)
and (c), 63.446(c), (d), and (e), 63.447(b) or Sec. 63.450(d) the
owner or operator may assert an affirmative defense to a claim for
civil penalties for exceedances of such standards that are caused by
malfunction, as defined at 40 CFR 63.2. Appropriate penalties may be
assessed, however, if the owner or operator fails to meet the burden of
proving all of the requirements in the affirmative defense. The
affirmative defense shall not be available for claims for injunctive
relief.
(a) To establish the affirmative defense in any action to enforce
such a limit, the owner or operator must timely meet the notification
requirements in paragraph (b) of this section, and must prove by a
preponderance of evidence that:
(1) The excess emissions:
(i) Were caused by a sudden, infrequent, and unavoidable failure of
air pollution control and monitoring equipment, process equipment, or a
process to operate in a normal or usual manner, and
(ii) Could not have been prevented through careful planning, proper
design or better operation and maintenance practices; and
(iii) Did not stem from any activity or event that could have been
foreseen and avoided, or planned for; and
(iv) Were not part of a recurring pattern indicative of inadequate
design, operation, or maintenance; and
[[Page 81356]]
(2) Repairs were made as expeditiously as possible when the
applicable emission limitations were being exceeded. Off-shift and
overtime labor were used, to the extent practicable to make these
repairs; and
(3) The frequency, amount and duration of the excess emissions
(including any bypass) were minimized to the maximum extent practicable
during periods of such emissions; and
(4) If the excess emissions resulted from a bypass of control
equipment or a process, then the bypass was unavoidable to prevent loss
of life, personal injury, or severe property damage; and
(5) All possible steps were taken to minimize the impact of the
excess emissions on ambient air quality, the environment and human
health; and
(6) All emissions monitoring and control systems were kept in
operation if at all possible, consistent with safety and good air
pollution control practices; and
(7) All of the actions in response to the excess emissions were
documented by properly signed, contemporaneous operating logs; and
(8) At all times, the affected source was operated in a manner
consistent with good practices for minimizing emissions; and
(9) A written root cause analysis has been prepared, the purpose of
which is to determine, correct, and eliminate the primary causes of the
malfunction and the excess emissions resulting from the malfunction
event at issue. The analysis shall also specify, using best monitoring
methods and engineering judgment, the amount of excess emissions that
were the result of the malfunction.
(b) Notification. The owner or operator of the affected source
experiencing an exceedance of its emission limit(s) during a
malfunction shall notify the Administrator by telephone or facsimile
(FAX) transmission as soon as possible, but no later than two business
days after the initial occurrence of the malfunction, if it wishes to
avail itself of an affirmative defense to civil penalties for that
malfunction. The owner or operator seeking to assert an affirmative
defense shall also submit a written report to the Administrator within
45 days of the initial occurrence of the exceedance of the standard in
paragraphs Sec. Sec. 63.443(c) and (d), 63.444(b) and (c), 63.445(b)
and (c), 63.446(c), (d), and (e), 63.447(b) or Sec. 63.450(d) to
demonstrate, with all necessary supporting documentation, that it has
met the requirements set forth in paragraph (a) of this section. The
owner or operator may seek an extension of this deadline for up to 30
additional days by submitting a written request to the Administrator
before the expiration of the 45 day period. Until a request for an
extension has been approved by the Administrator, the owner or operator
is subject to the requirement to submit such report within 45 days of
the initial occurrence of the exceedance.
10. Section 63.457 is amended as follows:
a. By revising paragraph (a);
b. By revising paragraphs (b)(1), (b)(3), (b)(4), (b)(5)(i), and
(b)(5)(ii);
c. By revising paragraph (c)(3)(ii);
d. By revising paragraph (d)(1);
e. By revising paragraph (k)(1); and
f. By adding paragraph (o).
Sec. 63.457 Test methods and procedures.
(a) Performance tests. Initial and repeat performance tests are
required for the emissions sources specified in paragraphs (a)(1) and
(2) on this section, except for emission sources controlled by a
combustion device that is designed and operated as specified in Sec.
63.443(d)(3) or (d)(4).
(1) Conduct an initial performance test for all emission sources
subject to the limitations in Sec. Sec. 63.443, 63.444, 63.445,
63.446, and 63.447.
(2) Conduct repeat performance tests at five year intervals for all
emission sources subject to the limitations in Sec. Sec. 63.443,
63.444, and 63.445.
(b) * * *
(1) Method 1 or 1A of part 60, appendix A-1, as appropriate, shall
be used for selection of the sampling site as follows:
* * * * *
(3) The vent gas volumetric flow rate shall be determined using
Method 2, 2A, 2C, or 2D of part 60, appendix A-1, as appropriate.
(4) The moisture content of the vent gas shall be measured using
Method 4 of part 60, appendix A-3.
(5) * * *
(i) Method 308 in Appendix A of this part; Method 320 in Appendix A
of this part; Method 18 in appendix A-6 of part 60; ASTM D6420-99
(incorporated by reference in Sec. 63.14(b)(28) of subpart A of this
part); or ASTM D6348-03 (incorporated by reference in Sec.
63.14(b)(54) of subpart A of this part) shall be used to determine the
methanol concentration. If ASTM D6348-03 is used the conditions
specified in paragraphs (b)(5)(i)(A) though (b)(5)(i)(B) of this
section must be met.
(A) The test plan preparation and implementation in the Annexes to
ASTM D6348-03, Sections A1 through A8 are required.
(B) In ASTM 6348-03 Annex A5 (Analyte Spiking Technique), the
percent (%) R must be determined for each target analyte (Equation A5.5
of ASTM 6348-03). In order for the test data to be acceptable for a
compound, %R must be between 70 and 130 percent. If the %R value does
not meet this criterion for a target compound, the test data is not
acceptable for that compound and the test must be repeated for that
analyte following adjustment of the sampling or analytical procedure
before the retest. The %R value for each compound must be reported in
the test report, and all field measurements must be corrected with the
calculated %R value for that compound using the following equation:
Reported Result = Measured Concentration in the Stack x 100)/%R.
(ii) Except for the modifications specified in paragraphs
(b)(5)(ii)(A) through (b)(5)(ii)(K) of this section, Method 26A of part
60, appendix A-8 shall be used to determine chlorine concentration in
the vent stream.
* * * * *
(c) * * *
(3) * * *
(ii) For determining methanol concentrations, NCASI Method DI/MEOH-
94.03, Methanol in Process Liquids and Wastewaters by GC/FID, May 2000,
NCASI, Research Triangle Park, NC. This test method is incorporated by
reference in Sec. 63.14(f)(5) of subpart A of this part.
* * * * *
(d) * * *
(1) Method 21, of part 60, appendix A-7; and
* * * * *
(k) * * *
(1) The emission rate correction factor and excess air integrated
sampling and analysis procedures of Methods 3A or 3B of part 60,
appendix A-2 shall be used to determine the oxygen concentration. The
samples shall be taken at the same time that the HAP samples are taken.
As an alternative to Method 3B, ASME PTC 19.10-1981-Part 10 may be used
(incorporated by reference, see Sec. 63.14(i)(1)).
* * * * *
(o) Performance tests shall be conducted under such conditions as
the Administrator specifies to the owner or operator based on
representative performance of the affected source for the period being
tested. Upon request, the owner or operator shall make available to the
Administrator such records as may be necessary to determine the
conditions of performance tests.
11. Section 63.459 is amended by revising paragraph (b)(11)(ii) to
read as follows:
[[Page 81357]]
Sec. 63.459 Alternative standards.
* * * * *
(b) * * *
(11) * * *
(ii) Periods of excess emissions shall not constitute a violation
provided the time of excess emissions divided by the total process
operating time in a semi-annual reporting period does not exceed one
percent. All periods of excess emission shall be reported, and shall
include:
* * * * *
12. Table 1 to subpart S of part 63 is revised to read as follows:
Table 1 to Subpart S of Part 63--General Provisions Applicability to
Subpart S a
------------------------------------------------------------------------
Applies to
Reference subpart S Comment
------------------------------------------------------------------------
63.1(a)(1)-(3)....... Yes.............
63.1(a)(4)........... Yes............. Subpart S (this table)
specifies applicability of
each paragraph in subpart A to
subpart S.
63.1(a)(5)........... No.............. Section reserved.
63.1(a)(6)-(8)....... Yes.............
63.1(a)(9)........... No.............. Section reserved.
63.1(a)(10).......... No.............. Subpart S and other cross-
referenced subparts specify
calendar or operating day.
63.1(a)(11)-(14)..... Yes.............
63.1(b)(1)........... No.............. Subpart S specifies its own
applicability.
63.1(b)(2)-(3)....... Yes.............
63.1(c)(1)-(2)....... Yes.............
63.1(c)(3)........... No.............. Section reserved.
63.1(c)(4)-(5)....... Yes.............
63.1(d).............. No.............. Section reserved.
63.1(e).............. Yes.............
63.2................. Yes.............
63.3................. Yes.............
63.4(a)(1)........... Yes.............
63.4(a)(3)...........
63.4(a)(4)........... No.............. Section reserved.
63.4(a)(5)........... Yes.............
63.4(b).............. Yes.............
63.4(c).............. Yes.............
63.5(a).............. Yes.............
63.5(b)(1)........... Yes.............
63.5(b)(2)........... No.............. Section reserved.
63.5(b)(3)........... Yes.............
63.5(b)(4)-(6)....... Yes.............
63.5(c).............. No.............. Section reserved.
63.5(d).............. Yes.............
63.5(e).............. Yes.............
63.5(f).............. Yes.............
63.6(a).............. Yes.............
63.6(b).............. No.............. Subpart S specifies compliance
dates for sources subject to
subpart S.
63.6(c).............. No.............. Subpart S specifies compliance
dates for sources subject to
subpart S.
63.6(d).............. No.............. Section reserved.
63.6(e)(1)(i)........ No.............. See Sec. 63.453(q) for
general duty requirement.
63.6(e)(1)(ii)....... No..............
63.6(e)(1)(iii)...... Yes.............
63.6(e)(2)........... No.............. Section reserved.
63.6(e)(3)........... No..............
63.6(f)(1)........... No..............
63.6(f)(2)........... Yes.............
63.6(f)(3)........... Yes.............
63.6(g).............. Yes.............
63.6(h).............. No.............. Pertains to continuous opacity
monitors that are not part of
this standard.
63.6(i).............. Yes.............
63.6(j).............. Yes.............
63.7................. Yes, except for Section 63.7(e)(1) is replaced
63.7(e)(1).. with Sec. 63.457(o) which
specifies performance testing
conditions under Subpart S.
63.8(a)(1)........... Yes.............
63.8(a)(2)........... Yes.............
63.8(a)(3)........... No.............. Section reserved.
63.8(a)(4)........... Yes.............
63.8(b)(1)........... Yes.............
63.8(b)(2)........... No.............. Subpart S specifies locations
to conduct monitoring.
63.8(b)(3)........... Yes.............
63.8(c)(1)(i)........ No.............. See Sec. 63.453(q) for
general duty requirement
(which includes monitoring
equipment).
63.8(c)(1)(ii)....... Yes.............
63.8(c)(1)(iii)...... No..............
63.8(c)(2)........... Yes.............
63.8(c)(3)........... Yes.............
63.8(c)(4)........... No.............. Subpart S allows site specific
determination of monitoring
frequency in Sec.
63.453(n)(4).
63.8(c)(5)........... No.............. Pertains to continuous opacity
monitors that are not part of
this standard.
63.8(c)(6)........... Yes.............
63.8(c)(7)........... Yes.............
[[Page 81358]]
63.8(c)(8)........... Yes.............
63.8(d).............. Yes, except for SSM plans are not required.
last sentence,
which refers to
an SSM plan.
63.8(e).............. Yes.............
63.8(f)(1)-(5)....... Yes.............
63.8(f)(6)........... No.............. Subpart S does not specify
relative accuracy test for
CEMs.
63.8(g).............. Yes.............
63.9(a).............. Yes.............
63.9(b).............. Yes............. Initial notifications must be
submitted within one year
after the source becomes
subject to the relevant
standard.
63.9(c).............. Yes.............
63.9(d).............. No.............. Special compliance requirements
are only applicable to kraft
mills.
63.9(e).............. Yes.............
63.9(f).............. No.............. Pertains to continuous opacity
monitors that are not part of
this standard.
63.9(g)(1)........... Yes.............
63.9(g)(2)........... No.............. Pertains to continuous opacity
monitors that are not part of
this standard.
63.9(g)(3)........... No.............. Subpart S does not specify
relative accuracy tests,
therefore no notification is
required for an alternative.
63.9(h).............. Yes.............
63.9(i).............. Yes.............
63.9(j).............. Yes.............
63.10(a)............. Yes.............
63.10(b)(1).......... Yes.............
63.10(b)(2)(i)....... No..............
63.10(b)(2)(ii)...... No.............. See Sec. 63.454(g) for
recordkeeping of (1)
occurrence and duration and
(2) actions taken during
malfunction.
63.10(b)(2)(iii)..... Yes.............
63.10(b)(2)(iv)...... No..............
63.10(b)(2)(v)....... No..............
63.10(b)(2)(vi)...... Yes.............
63.10(b)(2)(vii)-(ix) Yes.............
63.10(b)(3).......... Yes.............
63.10(c)(1)-(7)...... Yes.............
63.10(c)(8).......... Yes.............
63.10(c)(9).......... No.............. Section reserved.
63.10(c)(10)-(11).... No.............. See Sec. 63.454(g) for
malfunction recordkeeping
requirements.
63.10(c)(12)-(14).... Yes.............
63.10(c)(15)......... No..............
63.10(d)(1).......... Yes.............
63.10(d)(2).......... Yes.............
63.10(d)(3).......... No.............. Pertains to continuous opacity
monitors that are not part of
this standard.
63.10(d)(4).......... Yes.............
63.10(d)(5).......... No.............. See Sec. 63.455(g) for
malfunction reporting
requirements.
63.10(e)(1).......... Yes.............
63.10(e)(2)(i)....... Yes.............
63.10(e)(2)(ii)...... No.............. Pertains to continuous opacity
monitors that are not part of
this standard.
63.10(e)(3).......... Yes.............
63.10(e)(4).......... No.............. Pertains to continuous opacity
monitors that are not part of
this standard.
63.10(f)............. Yes.............
63.11-63.15.......... Yes.............
------------------------------------------------------------------------
\a\ Wherever subpart A specifies ``postmark'' dates, submittals may be
sent by methods other than the U.S. Mail (e.g., by fax or courier).
Submittals shall be sent by the specified dates, but a postmark is not
required.
[FR Doc. 2011-32843 Filed 12-23-11; 8:45 am]
BILLING CODE 6560-50-P