Document Ln1ZZORy8k79X5vDpE2N4oBg

ATTACHMENT 6 2024-EPA-05254 Sierra Club FOIA 2024-EPA-05254 ED_017426_00003047-00001 SC_EVERSPLIT0002066 Attachment 6 January 24, 2020 U.S. Environmental Protection Agency Office of Air Quality Planning and Standards Pulp & Paper Sector Attention: Robin Dunkins 109 T.W. Alexander Drive Mail Code: E143-03 Research Triangle Park, NC 27709 Re: 40 CFR 63 Subpart S Applicability Determination Request Dear Ms. Dunkins: Packaging Corporation of America (`PCA') owns and operates an integrated unbleached krafi/neutralsulfite semi-chemical pulp and paper mill in Wallula, WA (`Mill') that is subject to 40 CFR 63 Subpart S. The Mill operates two Messing-Durkee continuous digesters (`M&D Digesters' or `Digesters'). Unlike typical Kamyr continuous digesters which utilize a low-pressure feeder valve followed by a chip steamer and finally a high pressure feeder valve to feed chips to the digester, M&D Digesters utilize Bauer valves to transfer sawdust from the feed bin to the Digester. As described in a M&D Digester Technical Memorandum (March 2000, revision March 2004, Attachment 1) the Bauer rotary valve "performs the roles of the low-pressurefeeder, steaming vessel, high pressurefeeder and top separator...." when used to transfer sawdust into an M&D digester. PCA recognizes that M&D Digester system configurations vary. The Mill's M&D Digesters feature dryfeed systems and do not utilize any cooking liquor in the feed screws (to convey sawdust from the feed bin to the Bauer valve). Instead, both Digesters apply only high-pressure fresh steam (i.e., no digester flash or relief steam) to their respective Bauer valves. All of the steam required for Digester operation is introduced through the Bauer valve as fresh steam at a pressure 25 psig greater than the Digester operating pressure. The Mill's Digesters are similarly configured; each Digester Bauer valve transfers sawdust into the head of the Digester as shown in Figure 1 which illustrates the 10 positions of the clockwise-rotating Bauer valve. Positions 1-5 of the valve constitute the descending side and 6-10 positions are on the ascending side. Each Digester Bauer valve transfers sawdust from a feed bin to the head of the Digester as follows (Figure 1): In positions #10 and #1, sawdust, delivered by a dry feed system, drops into the top of the Bauer valve. 1 2024-EPA-05254 Sierra Club FOIA 2024-EPA-05254 ED_01 7426_00003047-00002 SC_EVERSPLIT0002067  Displaced air from position #1 is fed into the Bauer valve chamber located in the #2 position via the End Bell Relief line. In position #3, the primary exhaust steam, received from the high pressure side of the Bauer valve (position # 8), raises the pressure in the #3 pocket and serves to pre-steam the sawdust. In position #4, high pressure fresh steam (i.e., rotor pocket pre-purge), nominally 25 psig greater than the digester vessel operating pressure, is fed into the Bauer valve chamber. In positions #5 and #6, sawdust is discharged into the digester vessel. In position #6, high pressure pocket purge fresh steam, nominally 25 psig greater than the digester vessel operating pressure, is fed into the Bauer valve chamber to empty the pocket and fill it with the purge steam. In position #7, the pocket is empty of sawdust. *In position #8, the pocket is depressurized by routing steam to the valve pocket in the #3 position (i.e., primary exhaust steam). In position #9, any residual pocket steam is exhausted through the secondary exhaust port. In position #10, the pocket returns to the top of the rotation cycle to repeat the process. Figure 1: Bauer valve configuration IND F.l I.IL II IL.lil tl t 0'41301 I%U(1'I F`Htlia RI-1TM NH 1..I Pt W.I NOT ON racist nn. nitta. PCA notes the following pertinent Subpart S rule language (emphasis and explanation added): 63.441Definitions. Low volume high concentration or I,VHC system means the collection gf cc:aliment including the digester, turpentine recovery, evaporator, steam stripper systems and auy other equipment serving the same funcition as those previously listed. Pulping_system means all process equipment, beginning with the digester system, and up to and including the last piece of pulp conditioning equipment prior to the bleach system, including treatment with ozone, oxygen, or peroxide before the first application of a chemical bleaching agent intended to brighten pulp. The pulping system includes pulping process condensates and can include multiple pulping lines. Digester system means each continuous digester or each batch digester used for the chemical treatment of wood or non-wood fibers. The digester system equipment includes 2 2024-EPA-05254 Sierra Club FOIA 2024-EPA-05254 ED_017426_00003047-00003 SC_EVERSPLIT0002068 associated flash tank(s), blow tank(s), chip steamer(s) not using fresh steam, blow heat recovery accumulator(s), relief gas condenser(s), prehydrolysis unit(s) preceding the pulp washing system, and any other equipment serving the same function as those previously listed (Batter valve serves the samefunction as a chin steamer as discussed above) . The digester system includes any of the liquid streams or condensates associated with batch or continuous digester relief, blow, or flash steam processes. Sawdust is a wood-fiber source included within the term "chips". Notably, Subpart S does not define "chips- or "sawdust." although the term "chips" is used throughout the rule. An examination of the industry survey data collected by NCASI and analyzed by EPA affirms that the survey asked facilities to identify the sources of fiber furnish, including chips produced on-site, chips produced off-site, and sawmill residues (Attachment 2). However, in its analysis of the data, EPA did not make a distinction between digesters pulping chips versus digesters pulping sawmill residues but grouped all fiber furnish as "wood-fibers" in the definition. Subpart S combines all wood fiber sources into a single category indicating that the rule makes no regulatory applicabilty distinction between digesters processing chips and those processing sawmill residues. 63.443 Standardsfor thepulping system at krafi, soda, and semi-chemicalprocesses. (a) The owner or operator ofeachpulpingsystem using the krafi process subject to the requirements ofthis subpart shall control the totalHAP emissions.fiom thelbllowing equipment systems, as specified inparagraphs (c) and (d) ofthis section. (I) At existing affected sources, the total HAP emissionsfrom thefollowing equipment systems shall be controlled: (i) Each LVHC system; (c) Equipment systems listed inparagraphs fa) and fb) ofthis sectionshall beenclosed and vented into a closed-vent system and routed to a control device that meets the requirements specified in paragraph (d) alibis section. The enclosures and closed-vent system shall meet the requirements specified in63.450. PCA is required to collect and control emissions from LVI-IC system. The LVHC system definition refers to the digester system definition at 63.441 that specifically excludes from regulatory applicability chip steamers using fresh steam. Per the digester system definition, chip steamers not using fresh steam. are part of the digester system; chip steamers using fresh steam are not. Additionally, in an email dated 04/21/1998 addressed to Mr. Bill Dameworth of Pope and Talbot, Ms. Penny Lassiter of EPA, who was responsible for writing Subpart S, confirmed this intent as reproduced below (Attachment 3): "The intent ofthe rule is to control venting offthe chip steamers and venting offal the chip bins if the chip steamer vents through the chip bins where i+'aste orflash steam is used. As I recall, we did not intend to capture situations where onlyfresh steam is used" In August 2019 PCA received a Notice of Violation from EPA Region 10 alleging failure comply with 40 CFR 63.443(a)(1)(i) to collect the vent gases from the Bauer valves on the #1 and #2 M&D Digesters based on a Region 10 mill inspection conducted in September 2018. As outlined above, PCA believes that the regulatory intent and the plain reading of the Subpart S rule affirm that the regulation covering the LVHC system refers to sources in the digester system definition. That definition specifically lists components covered by Subpart S and omits chip steamers using fresh steam (or the functionally equivalent equipment, like the Bauer valves) from Subpart S requirements. 3 2024-EPA-05254 Sierra Club FOIA 2024-EPA-05254 ED_Ol 7426_00003047-00004 SC_EVERSPLIT0002069 A fundamental tenet of regulatory interpretation requires that every word of a regulation must be given meaning and the plain meaning governs. See Safe Air For Everyone v. U.S. EPA, 488 F.3d 1088, 1097 (9111 Cir. 2007)("As a general interpretative principle, the plain meaning of a regulation governs . . . Other interpretative materials, such as the agency's own interpretation of the regulation, should not be considered when the regulation has a plain meaning.") For all the reasons detailed above, PCA believes that EPA Region 10's August 2019 enforcement action contradicts the plain meaning and intent of the rule, in effect, changing the fundamental tenet of the regulation. This belief is buttressed by a 2001 WA Ecology determination that the Mill's #1 Digester (sawdust-fed, fresh steam-supplied Bauer valve) was exempt from the collection and control requirements of 63.443 (Attachment 4). In the interest of regulatory clarity, PCA seeks an Applicability Determination from EPA OAQPS. Sincerelyi, John Piotro sfci Vice President, Environmental Operations Packaging Corporation of America N9090 County Road E Tomahawk, WI 54487 cc: Kelley Spence, EPA OAQPS Cheryl Vetter, EPA OAQPS Attachments (4) 2024-EPA-05254 4 Sierra Club FOIA 2024-EPA-05254 ED_017426_00003047-00005 SC_EVERSPLIT0002070