Revision Checklist 164 Summary

Rule Title:	National Emission Standards for Hazardous Air Pollutants for Source Category: Pulp and Paper Production; Effluent Limitations Guidelines, Pretreatment Standards, and New Source Performance Standards: Pulp, Paper, and Paperboard Category
Checklist Title:	Kraft Mill Steam Stripper Condensate Exclusion
Reference:	63 FR 18504-18751
Promulgation Date:	April 15, 1998
Effective Date:	June 15, 1998
Cluster:	RCRA Cluster VIII
Provision Type:	Non-HSWA
Linkage:	Revision Checklist 85
Optional:			Yes

Summary:  The EPA is excluding from RCRA regulation condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with 40 CFR 63.446(e).  Without this exclusion, these condensates would be regulated under RCRA because they exhibit the ignitability characteristic, and the boilers burning these condensates for fuel would be subject to emission standards in 40 CFR 266, Subpart H.  EPA has determined that RCRA regulation of the rectification and combustion of the condensate is not appropriate or necessary.  The rectification practice would not increase environmental risk, would reduce secondary environmental impacts, and would provide a cost savings.   Moreover, the burning of condensate will not increase the potential environmental risk over the burning of the steam stripper vent gases prior to condensation.   The scope of this exemption is limited to combustion at the facility generating the condensates.

The exclusion is part of a much larger rule that affects both effluent guidelines and air emission standards for specified sections of the pulp and paper industry.

State Authorization:  This rule is placed in RCRA Cluster VIII.  These changes do not go into effect until States become authorized for them because this rule was promulgated under pre-HSWA authorities.  Because the standards in this rule narrow and reduce regulatory requirements which preceded it, States are not required to adopt the changes addressed by this rule.  As such, the checklist for this rule has been designated optional.  For States that choose to adopt the checklist, the State modification deadline is July 1, 1999 (or July 1, 2000 if a State statutory change is necessary).  Only final authorization is available.   The State Revision Application must include applicable regulations, AG statement addendum, Revision Checklist 164, other associated checklists and other application materials, i.e., a program description and an MOA, as determined by the Regional office.

Attorney General's Statement Entry:  The following entry should be placed at Subsection I (NN) in the Model Revision Attorney General's Statement.

	NN.	[OPTIONAL:  This is a reduced requirement.]  State statutes and regulations include an exemption from regulation under RCRA for condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with 40 CFR 63.446(e), as indicated in Revision Checklist 164.  This exclusion is limited to combustion at mills generating the condensate.

Federal Authority:  RCRA §3001; 40 CFR 261.4(a)(15), as amended April 15, 1998 (63 FR 18504).

Citation of Laws and Regulations; Date of Enactment and Adoption

Remarks of the Attorney General

Incorporation by Reference Guidance:   There is no special guidance for States that incorporate by reference with respect to this checklist.