[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Proposed Rules]
[Pages 4411-4422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02536]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2018-0523; FRL-9989-57-Region 4]
Air Plan Approval and Designation of Areas; FL; Redesignation of
the Nassau County 2010 1-Hour Sulfur Dioxide Nonattainment Area to
Attainment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: In a letter dated June 7, 2018, the State of Florida, through
the Florida Department of Environmental Protection (FDEP), submitted a
request for the Environmental Protection Agency (EPA) to redesignate
the Nassau County sulfur dioxide (SO2) nonattainment area
(hereinafter referred to as the ``Nassau County Area'' or ``Area'') to
attainment for the 2010 1-hour SO2 primary national ambient
air quality standard (NAAQS) and to approve an accompanying state
implementation plan (SIP) revision containing a maintenance plan for
the Area. The submittal was received by EPA on June 12, 2018. EPA is
proposing to determine that the Nassau County Area attained the 2010 1-
hour SO2 NAAQS by its applicable attainment date of October
4, 2018; to approve the SIP revision containing the State's plan for
maintaining attainment of the 2010 1-hour SO2 standard and
to incorporate the maintenance plan into the SIP; and to redesignate
the Nassau County Area to attainment for the 2010 1-hour SO2
NAAQS.
DATES: Comments must be received on or before March 18, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0523 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Madolyn Sanchez, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. Ms. Sanchez may be reached by phone at (404) 562-9644 or
via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. What are the actions EPA is proposing to take?
EPA is proposing to take the following three separate but related
actions: (1) To determine that the Nassau County Area attained the 2010
SO2 NAAQS by its applicable attainment date of October 4,
2018; (2) to approve Florida's maintenance plan for maintaining the
2010 1-hour SO2 NAAQS in the Area and incorporate it into
the SIP; and (3) to redesignate the Nassau County Area to attainment
for the 2010 1-hour SO2 NAAQS. The Nassau County Area is
comprised of the portion of Nassau County encompassing the circular
boundary with the center being Universal Transverse Mercator (UTM)
Easting 455530 meters, UTM Northing 3391737 meters, UTM zone 17, using
the NAD83 datum (the location of the ambient SO2 monitor in
the Area) and the radius being 2.4 kilometers (km). The only point
source of SO2 emissions within the Nassau County Area is a
pulp and paper mill--Rayonier Performance Fibers, LLC Fernandina Beach
Sulfite Pulp Mill (Rayonier). An additional pulp and paper mill--
WestRock CP, LLC Fernandina Beach Mill (WestRock)--is located
immediately adjacent to the Area and is the largest source of
SO2 within 25 km outside of the nonattainment area.
EPA is proposing to determine that the Nassau County Area attained
the 2010 SO2 NAAQS by its applicable attainment date of
October 4, 2018. EPA is also proposing to approve Florida's SIP
revision containing the maintenance plan for the Nassau County Area in
accordance with the requirements of section 175A of the Clean Air Act
(CAA or Act). The maintenance plan submitted with Florida's request for
redesignation is intended to help keep the Nassau County Area in
attainment of the 2010 1-hour SO2 NAAQS through the year
2032.
EPA is also proposing to determine that the Nassau County Area has
met the requirements for redesignation under section 107(d)(3)(E) of
the CAA. Accordingly, EPA is proposing to approve a request to change
the legal designation of the portion of Nassau County that is
designated nonattainment to attainment for the 2010 1-hour
SO2 NAAQS.
II. Background
On June 2, 2010, EPA revised the primary SO2 NAAQS,
establishing a new 1-hour SO2 standard of 75 parts per
billion (ppb). See 75 FR 35520 (June 22, 2010). Under EPA's regulations
at 40 CFR part 50, the 2010 1-hour SO2 NAAQS is met at a
monitoring site when the 3-year average of the annual 99th percentile
of daily maximum 1-hour average concentrations is less than or equal to
75 ppb (based on the rounding convention in 40 CFR part 50, appendix
T). See 40 CFR 50.17. Ambient air quality monitoring data for the 3-
year period must meet a data completeness requirement. A year meets
data completeness requirements when all four quarters are complete, and
a quarter is complete when at least 75 percent of the sampling days for
each quarter have complete data. A sampling day has complete data if 75
percent of the hourly concentration values, including state-flagged
data affected by exceptional events which have been approved for
exclusion by the Administrator, are reported.\1\
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\1\ See 40 CFR part 50, appendix T, section 3(b).
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Upon promulgation of a new or revised NAAQS, the CAA requires EPA
to designate as nonattainment any area that does not meet (or that
contributes to ambient air quality in a nearby area that does not meet)
the NAAQS. EPA designated the Area as nonattainment for the 2010 1-hour
SO2 NAAQS, effective on October 4, 2013, using 2009-2011
complete, quality assured, and certified ambient air quality data. See
78 FR 47191 (August 5, 2013). Under the CAA, nonattainment areas must
attain the NAAQS as expeditiously as practicable but not later than
five years after the October 4, 2013, effective date of the
designation. See CAA section 192(a). Therefore, the Nassau County
[[Page 4412]]
Area's applicable attainment date was no later than October 4, 2018.
EPA's 2010 SO2 nonattainment designation for the Area
triggered an obligation for Florida to develop a nonattainment SIP
revision addressing certain requirements under title I, part D, subpart
1 (hereinafter ``Subpart 1''), and to submit that SIP revision to EPA
in accordance with the deadlines in title I, part D, subpart 5
(hereinafter ``Subpart 5''). Subpart 1 contains the general
requirements for nonattainment areas for criteria pollutants, including
requirements to develop a SIP that provides for the implementation of
reasonably available control measures (RACM), requires reasonable
further progress (RFP), includes base-year and attainment-year
emissions inventories, a SIP-approved nonattainment new source review
(NNSR) permitting program that accounts for growth in the area,
enforceable emission limitations and other such control measures, and
provides for the implementation of contingency measures. This SIP
revision was due within 18 months following the October 4, 2013,
effective date of designation (i.e., April 4, 2015). See CAA section
191(a). Florida submitted a nonattainment SIP revision to EPA on April
3, 2015.
On July 3, 2017 (82 FR 30749), EPA approved Florida's April 3,
2015, SO2 nonattainment SIP revision. This SIP revision
provided a modeled attainment demonstration and satisfied the required
nonattainment planning requirements mentioned above for the Nassau
County Area. The revision included a base year emissions inventory, a
modeling demonstration of attainment for the 2010 SO2 NAAQS,
RACM/Reasonably Available Control Technology (RACT), a RFP plan, NNSR
permitting program, and contingency measures for the Nassau County
Area. As discussed in Section V, below, the nonattainment SIP revision
included permit conditions to reduce SO2 emissions at the
Rayonier and WestRock facilities.
III. What are the criteria for redesignation?
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) of the CAA
allows for redesignation provided that the following criteria are met:
(1) The Administrator determines that the area has attained the
applicable NAAQS; (2) the Administrator has fully approved the
applicable implementation plan for the area under section 110(k); (3)
the Administrator determines that the improvement in air quality is due
to permanent and enforceable reductions in emissions resulting from
implementation of the applicable SIP and applicable federal air
pollutant control regulations, and other permanent and enforceable
reductions; (4) the Administrator has fully approved a maintenance plan
for the area as meeting the requirements of section 175A; and (5) the
state containing such area has met all requirements applicable to the
area for purposes of redesignation under section 110 and part D of the
CAA.
On April 16, 1992 (57 FR 13498), EPA provided guidance on
redesignations in the General Preamble for the Implementation of title
I of the CAA Amendments of 1990 and supplemented this guidance on April
28, 1992 (57 FR 18070). EPA has provided further guidance on processing
redesignation requests in the following documents:
1. ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (hereinafter referred to as
the ``Calcagni Memorandum'');
2. ``State Implementation Plan (SIP) Actions Submitted in
Response to Clean Air Act (CAA) Deadlines,'' Memorandum from John
Calcagni, Director, Air Quality Management Division, October 28,
1992;
3. ``Part D New Source Review (Part D NSR) Requirements for
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary
D. Nichols, Assistant Administrator for Air and Radiation, October
14, 1994; and
4. ``Guidance for 1-Hour SO2 Nonattainment Area SIP
Submissions,'' Memorandum from Stephen D. Page, April 23, 2014
(hereinafter referred to as the ``SO2 Nonattainment Area
Guidance'').
EPA's SO2 Nonattainment Area Guidance discusses the CAA
requirements that air agencies need to address when implementing the
2010 SO2 NAAQS in areas designated as nonattainment for the
standard. The guidance includes recommendations for air agencies to
consider as they develop SIPs to satisfy the requirements of sections
110, 172, 175A, 191, and 192 of the CAA to show future attainment and
maintenance of the 2010 SO2 NAAQS. Additionally, the
SO2 nonattainment guidance provides recommendations for air
agencies to consider as they develop redesignation requests and
maintenance plans to satisfy the requirements of sections 107(d)(3)(E)
and 175A.
IV. Why is EPA proposing these actions?
Through a letter dated June 7, 2018, FDEP submitted a request for
EPA to redesignate the Nassau County Area to attainment for the 2010 1-
hour SO2 NAAQS and submitted an associated SIP revision
containing a maintenance plan. EPA's evaluation indicates that the
Nassau County Area meets the requirements for redesignation as set
forth in section 107(d)(3)(E), including the maintenance plan
requirements under section 175A of the CAA. As a result of this
evaluation, EPA is proposing to determine that the Area has attained
the 2010 1-hour SO2 NAAQS by its attainment date of October
4, 2018, in accordance with section 179(c)(1) of the CAA based upon air
monitoring data for 2015-2017 and air quality dispersion modeling
analyses.\2\ EPA is also proposing to approve Florida's maintenance
plan for maintaining the 2010 1-hour SO2 NAAQS in the Area
and incorporate it into the SIP and to redesignate the Nassau County
Area to attainment for the 2010 1-hour SO2 NAAQS.
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\2\ Section 179(c)(1) reads as follows: ``As expeditiously as
practicable after the applicable attainment date for any
nonattainment area, but not later than 6 months after such date, the
Administrator shall determine, based on the area's air quality as of
the attainment date, whether the area attained the standard by that
date.''
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V. What is EPA's analysis of the redesignation request and SIP
revision?
As stated above, in accordance with the CAA, EPA proposes to: (1)
To determine that the Nassau County Area attained the 2010 1-hour
SO2 NAAQS by its attainment date of October 4, 2018; (2) to
approve Florida's maintenance plan for maintaining the 2010 1-hour
SO2 NAAQS in the Area and incorporate it into the SIP; and
(3) to redesignate the Nassau County Area to attainment for the 2010 1-
hour SO2 NAAQS.
The five redesignation criteria provided under CAA section
107(d)(3)(E) are discussed in greater detail for the Nassau County Area
in the following paragraphs.
Criterion (1)--The Administrator Determines That the Area Has Attained
the NAAQS
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the area has attained the applicable
NAAQS (CAA section 107(d)(3)(E)(i)). As discussed in section VIII.A of
the SO2 Nonattainment Area Guidance, there are generally two
components needed to support an attainment determination for
SO2, which should be considered interdependently.\3\ The
first component relies on air quality monitoring data. For
SO2, any available monitoring data
[[Page 4413]]
would need to indicate that all monitors in the affected area are
meeting the standard as stated in 40 CFR 50.17 using data analysis
procedures specified in 40 CFR part 50, Appendix T. The second
component relies on air quality modeling data. If there are no air
quality monitors located in the affected area, or there are air quality
monitors located in the area, but analyses show that none of the
monitors are located in the area of maximum concentration,\4\ then air
quality dispersion modeling will generally be needed to estimate
SO2 concentrations in the area. Such dispersion modeling
should be conducted to estimate SO2 concentrations
throughout the nonattainment area using actual emissions and
meteorological information for the most recent three calendar years.
However, EPA may also make determinations of attainment based on the
modeling from the attainment demonstration for the applicable SIP for
the affected area, eliminating the need for separate actuals-based
modeling to support the determination that an area is currently
attaining. If the air agency has previously submitted a modeled
attainment demonstration using allowable emissions, no further modeling
is needed as long as the source characteristics are still reasonably
represented.
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\3\ SO2 is primarily a localized, source-specific
pollutant, and therefore, SO2 control measures are, by
definition, based on what is directly and quantifiably necessary to
attain the NAAQS.
\4\ See section VIII.A of the SO2 Nonattainment Area
Guidance.
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Florida's pre- and post-modification attainment demonstration
modeling indicates that the Fernandina Beach monitor is not sited in
the area of maximum concentration for both the Rayonier and West Rock
SO2 sources, and therefore the clean monitoring data at the
Fernandina Beach monitor does not on its own demonstrate that the Area
is currently attaining the 1-hour SO2 NAAQS. EPA's proposed
approval of Florida's redesignation and maintenance plan SIP for the
Nassau County Area is also based on the modeled attainment
demonstration that includes permanent and enforceable SO2
controls and emissions limits at Rayonier and WestRock showing
attainment of the 2010 SO2 standard by the statutory
deadline. EPA approved the attainment demonstration for the Nassau Area
on July 3, 2017, and incorporated the new allowable emission rates and
control measures into the SIP, making them permanent and enforceable.
See 82 FR 30749. These permanent and enforceable measures were fully
implemented at Rayonier during the second quarter of 2014 and at
WestRock in December 2017.
For SO2, a location may be considered to be attaining
the 2010 1-hour SO2 NAAQS if it meets the NAAQS as
determined in accordance with 40 CFR 50.17 and Appendix T of part 50,
based on three complete, consecutive calendar years of quality-assured
air quality monitoring data. Specifically, to attain the NAAQS at each
monitoring site, the 3-year average of the annual 99th percentile
(fourth highest value) of 1-hour daily maximum concentrations measured
at each monitor within an area must be less than or equal to 75 ppb.
The data must be collected and quality-assured in accordance with 40
CFR part 58 and recorded in the EPA Air Quality System (AQS). The
monitors should have remained at the same location for the duration of
the monitoring period required for demonstrating attainment.
FDEP currently operates one ambient SO2 monitor in the
Area, the Fernandina Beach SO2 monitor (AQS ID: 12-089-
0005). This monitor is located approximately 0.9 km southeast of
Rayonier and 2.5 km south of WestRock. The original nonattainment
designation was based on the 2009-2011 design value of 129 ppb at this
monitor. As shown in Table 1, the design values at this monitor have
decreased since 2011, and the quality-assured, complete, and certified
2015-2017 3-year design value is 43 ppb, well below the 2010 1-hour
SO2 standard of 75 ppb. Since 2011, the annual fourth high
value has remained below the standard and there have been no 1-hour
values recorded above the standard since late 2014. The significant
decrease in SO2 concentrations is due to the implementation
of the permanent and enforceable control measures at Rayonier and
WestRock.
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\5\ The 2017 data is available at https://www.epa.gov/outdoor-air-quality-data/monitor-values-report.
Table 1--Nassau County Area SO2 Monitored Design Values
[ppb]
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2015-2017
Monitoring station (AQS Site ID) 2011-2013 2012-2014 2013-2015 2014-2016 Design value
Design value Design value Design value Design value \5\
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Fernandina Beach (12-089-0005)..................................... 70 ppb 57 ppb 58 ppb 51 ppb 43 ppb
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Preliminary monitoring data from the Fernandina Beach monitor for
2018 indicates that it continues to not record a violation of the
standard.\6\ EPA is proposing to determine that the Nassau County Area
has attained the 2010 1-hour SO2 NAAQS based primarily on
the modeling analysis discussed below, which is not contradicted by the
quality-assured, complete, and certified ambient air monitoring data
for the 2015-2017 period that does not indicate a NAAQS violation. If,
before EPA takes final action, monitoring data or other evidence causes
EPA to conclude that the Area is not continuing to meet the standard,
EPA will not go forward with the redesignation. As discussed in more
detail below, Florida has committed to continue monitoring ambient
SO2 concentrations in this Area in accordance with 40 CFR
part 58. Any future changes to the state or local air monitoring
station (SLAMS) network in the Area will be submitted to EPA for
approval in Florida's annual ambient air monitoring network plan, as
required by 40 CFR 58.10.
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\6\ Preliminary 2018 data is available at https://www.epa.gov/outdoor-air-quality-data/monitor-values-report.
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As discussed in Section VIII.A. of the SO2 Nonattainment
Area Guidance, air quality dispersion modeling will generally be needed
to demonstrate attainment in addition to attaining air quality
monitoring data (in accordance with 40 CFR 50.17 and Appendix T of part
50) if the existing monitor is not located in the area of maximum
concentration. The SO2 attainment demonstration submitted by
Florida on April 3, 2015, provided an air quality dispersion modeling
analysis demonstrating that the control strategies chosen by the State
to reduce SO2 emissions at Rayonier and WestRock would bring
the Area into attainment of the standard by the applicable attainment
date of October 4, 2018. On July 3, 2017 (82 FR 30749), EPA approved
this attainment demonstration along with Florida's control strategies
at these facilities. In its June 7, 2018,
[[Page 4414]]
redesignation request and maintenance plan, FDEP included the modeling
analysis from its attainment demonstration that demonstrates modeled
attainment within the Nassau County Area. Florida's redesignation
request states that the control strategies were fully implemented at
Rayonier during the second quarter of 2014 and at WestRock in December
2017. Details regarding the control strategies and emissions reductions
are provided in the Criterion (3) Section of this document. Details
regarding the modeling analysis are discussed in the following
paragraphs.
FDEP's modeling analysis was developed in accordance with EPA's
Guideline on Air Quality Models (Modeling Guideline) \7\ and the
SO2 Nonattainment Area Guidance, and was prepared using
EPA's preferred dispersion modeling system, the American Meteorological
Society/Environmental Protection Agency Regulatory Model (AERMOD)
consisting of the AERMOD (version 14134) \8\ model and multiple data
input preprocessors as described below. FDEP used regulatory default
options and the rural land use designation in the AERMOD modeling.
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\7\ See 40 CFR part 51 Appendix W (EPA's Guideline on Air
Quality Models) (January 17, 2017) located at https://www3.epa.gov/ttn/scram/appendix_w/2016/AppendixW_2017.pdf.
\8\ Version 14134 of the AERMOD Modeling System was the current
EPA-recommended regulatory version at the time the modeling was
performed in 2014-2015, and therefore was appropriate for the
modeling analysis.
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The pre-processors AERMET (version 14134) and AERMINUTE were used
to process five years (i.e., 2008-2012) of 1-minute meteorological data
from the Jacksonville National Weather Service Office (NWS) at the
Jacksonville International Airport, Jacksonville, Florida, surface
level site, based on FDEP's land use classifications, in combination
with twice daily upper-air meteorological information from the same
site. The Jacksonville International Airport is located approximately
28 km southeast from the Nassau County Area.
The AERMOD pre-processor AERMAP (version 11103) was used to
generate terrain inputs for the receptors, based on a digital elevation
mapping database from the National Elevation Dataset developed by the
U.S. Geological Survey. FDEP used AERSURFACE to generate direction-
specific land-use surface characteristics for the modeling.
The stack heights used in the modeling meet the Good Engineering
Practice stack height criteria, and the Building Profile Input Program
for Plume Rise Model Enhancements preprocessor was used to generate
direction-specific building downwash parameters. FDEP developed a
Cartesian receptor grid across the nonattainment boundary
(approximately 2.4 km around the monitor), with 100-meter spacing in
ambient air to ensure maximum concentrations are captured in the
analysis.
FDEP selected a background SO2 concentration based on
local SO2 monitoring data from the Fernandina Beach monitor,
located within the nonattainment area, for the period January 2012 to
December 2013. This background concentration from the nearby ambient
air monitor is used to account for SO2 impacts from all
sources that are not specifically included in the AERMOD modeling
analysis. The ambient monitoring data was obtained from the Florida Air
Monitoring and Assessment System. Due to its close proximity to the
Rayonier facility, monitored concentrations at this station are
strongly influenced by emissions from both facilities. As a result, and
as allowed by EPA's Modeling Guideline, the data was filtered to remove
measurements where the wind direction could transport pollutants from
Rayonier and WestRock to the monitor. More specifically, the data was
filtered to remove measurements where hourly wind directions were
between 263[deg] to 61[deg].
EPA's SO2 nonattainment guidance provides a procedure
for establishing longer-term averaging times for SO2
emission limits (up to a 30-day rolling averaging time).\9\ In
approving Florida's 2015 attainment demonstration, EPA concluded that
FDEP completed this analysis for the Rayonier and WestRock facilities
to derive SIP emission limits with a 3-hour longer-term averaging time
that are comparatively stringent to the modeled attaining 1-hour level.
For more details, see Florida's April 3, 2015, nonattainment SIP
submittal and EPA's final approval. See 82 FR 30749 (July 3, 2017).
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\9\ FDEP followed the SO2 Nonattainment Area Guidance
on procedures for establishing emissions limits with averaging
periods longer than one hour.
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The results of Florida's attainment modeling are summarized in
Table 2. The table presents the results from the four sets of AERMOD
modeling runs that were performed. The four modeling runs were the
result of using an uncontrolled, or pre-modification, scenario and
three different controlled, or post-modification, scenarios. The State
used maximum allowable permitted emissions limits for each of the
SO2 emissions units at the Rayonier and WestRock facilities
in the modeling demonstration. These emissions limits and other control
measures were established in construction permits issued by FDEP. The
conditions have been incorporated into the Florida SIP via the approved
attainment plan, making them permanent and enforceable, and the Title V
operating permits for the Rayonier \10\ and WestRock \11\ facilities.
Two of the units at the WestRock facility, emissions unit (EU) 007 and
011 (recovery boilers), have a combined SO2 emissions limit
cap of 300 pounds per hour (lb/hr). Therefore, the State performed
three post-control runs to identify the worst-case scenario of
emissions distributions. For each of the three modeling runs, all other
emissions units at both the Rayonier and WestRock facilities were
modeled at their individual permitted allowable SO2
emissions rates. Under one modeling scenario, the SO2
emissions cap of 300 pounds per hour (lb/hr) for WestRock EUs 007 and
011 was allotted equally between the recovery boilers. For the two
remaining scenarios, the entire 300 lb/hr cap was allotted totally to
EU 007 or EU 011, assuming only one recovery boiler was operating at
any given time. Table 2 shows that the maximum 1-hour average across
all five years of meteorological data (2008-2012) is less than or equal
to the 2010 1-hour SO2 NAAQS of 75 ppb for all three sets of
AERMOD modeling runs. For more details, see Florida's April 3, 2015,
SIP submittal.
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\10\ See air construction permit 0890004-036-AC issued by FDEP
on April 12, 2012; 82 FR 30749 (July 3, 2017); and 40 CFR 52.520(d).
See Title V operating permit 0890004-054-AV issued by FDEP on
September 7, 2017.
\11\ See air construction permit 0890003-046-AC issued by FDEP
on January 9, 2015; 82 FR 30749 (July 3, 2017); and 40 CFR
52.520(d). See Title V operating permit 0890003-055-AV issued by
FEDP on November 14, 2017.
\12\ The April 3, 2015, final submittal contained typographical
errors in its summary modeling table. On April 8, 2016, FDEP
provided EPA Region 4 with corrected numbers. FDEP in no way revised
the modeling demonstration nor the results inherent in the April 3,
2015, submittal. The correspondence and clarifying information is
provided in the Docket for the attainment demonstration (Docket ID:
EPA-R04-OAR-2015-0623).
\13\ The ``0'' impact from Rayonier indicates that the worst-
case scenario was at a time when WestRock was impacting the area of
maximum concentration because the wind was coming from the direction
of WestRock. Rayonier impacts other receptors in the nonattainment
area and may impact this same receptor at other times, as can be
seen with the remainder of the modeling demonstration.
[[Page 4415]]
Table 2--Maximum Modeled SO2 Impacts in the Nassau County Area, Micrograms per Cubic Meter
[ppb] \12\
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Maximum predicted impact
Model scenario Averaging time -------------------------------------- Background Total SO2 NAAQS
Rayonier WestRock
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Pre-modification.................. 1-hour............... \13\ 0.0 2,957.80 (1,128) 4.19 (1.6) 2,961.99 (1,130) 196.4 (75)
Equal Cap Distribution............ 1-hour............... 1,14.45 (43.7) 67.69 (25.8) 10.72 (4.09) 192.87 (73.6)
Entire Cap--EU 007................ 1-hour............... 110.93 (42.3) 71.56 (27.3) 9.16 (3.5) 191.65 (73.1)
Entire Cap--EU 011................ 1-hour............... 117.51 (44.8) 63.79 (24.3) 12.82 (4.9) 194.11 (74.0)
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The pre-control analysis resulted in a predicted impact of 1,130
ppb. The post-control analysis resulted in a worst-case predicted
impact of 74.0 ppb. EPA has determined that the modeling results
indicate sufficient reductions in air quality impact with the
implementation of the post-construction control plan for the Rayonier
and WestRock facilities. The control measures that have been
implemented at the Rayonier and West Rock facilities are outlined in
the Criterion (3) Section of this document. The modeling results
included in Table 2 show that WestRock should be included in the
consideration of controls for the following reasons: (1) If both
facilities were left uncontrolled, as presented in the first modeled
scenario, WestRock would have the greater impact on the area of maximum
concentration within the Nassau County Area; and (2) with the worst
possible post-control modeling scenario, 35 percent of the total
predicted impact on the Nassau County Area would stem from WestRock.
Therefore, if no controls were implemented at WestRock, the Area would
not likely attain and maintain the 2010 1-hour SO2 NAAQS.
All emissions limits and related compliance parameters have been
incorporated into Florida's SIP, making these changes permanent and
federally enforceable. More details on the pre-construction and post-
construction operations at the facilities are included in Florida's
April 3, 2015, nonattainment SIP submission and in EPA's rulemaking on
that submittal.\14\
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\14\ See 82 FR 30749 (July 3, 2017) (final rule), 81 FR 57535
(August 23, 2016) (proposed rule), and Florida's SIP submittal
located in Docket EPA-R04-OAR-2015-0623.
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On July 3, 2017, EPA approved the modeled attainment demonstration
described above and concluded that it is consistent with CAA
requirements, EPA's Modeling Guideline, and EPA's guidance for
SO2 attainment demonstration modeling. The modeled controls
and emissions limits have been fully implemented as of December 1,
2017. Therefore, EPA proposes to find that the Area has attained the
2010 1-hour SO2 NAAQS and attained the standard by its
applicable attainment date based on this modeling analysis and on
quality-assured, complete, and certified 2015-2017 ambient air
monitoring data at the Fernandina Beach monitor.
Criterion (2)--The Administrator Fully Approves the Applicable
Implementation Plan for the Area Under Section 110(k); and Criterion
(5)--Florida Has Met All Applicable Requirements Under Section 110 and
Part D of Title I of the CAA
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the state has met all applicable
requirements under section 110 and part D of title I of the CAA (CAA
section 107(d)(3)(E)(v)) and that the state has a fully approved SIP
under section 110(k) for the area (CAA section 107(d)(3)(E)(ii)). EPA
proposes to find that Florida has met all applicable SIP requirements
for the Nassau County Area under section 110 of the CAA (general SIP
requirements) for purposes of redesignation. Additionally, EPA proposes
to find that the Florida SIP satisfies the criterion that it meets
applicable SIP requirements for purposes of redesignation under part D
of title I of the CAA in accordance with section 107(d)(3)(E)(v).
Further, EPA proposes to determine that the SIP is fully approved with
respect to all requirements applicable for purposes of redesignation in
accordance with section 107(d)(3)(E)(ii). In making these proposed
determinations, EPA ascertained which requirements are applicable to
the Area and, if applicable, that they are fully approved under section
110(k). SIPs must be fully approved only with respect to requirements
that were applicable prior to submittal of the complete redesignation
request.
A. The Nassau County Area Has Met All Applicable Requirements Under
Section 110 and Part D of the CAA
1. General SIP Requirements
General SIP elements and requirements are delineated in section
110(a)(2) of title I, part A of the CAA. These requirements include,
but are not limited to, the following: Submittal of a SIP that has been
adopted by the state after reasonable public notice and hearing;
provisions for establishment and operation of appropriate procedures
needed to monitor ambient air quality; implementation of a source
permit program; provisions for the implementation of part C
requirements (Prevention of Significant Deterioration (PSD)) and
provisions for the implementation of part D requirements (NNSR permit
programs); provisions for air pollution modeling; and provisions for
public and local agency participation in planning and emission control
rule development.
Section 110(a)(2)(D) requires that SIPs contain certain measures to
prevent sources in a state from significantly contributing to air
quality problems in another state. To implement this provision, EPA has
required certain states to establish programs to address the interstate
transport of air pollutants. The section 110(a)(2)(D) requirements for
a state are not linked with a particular nonattainment area's
designation and classification in that state. EPA believes that the
requirements linked with a particular nonattainment area's designation
and classifications are the relevant measures to evaluate in reviewing
a redesignation request. The transport SIP submittal requirements,
where applicable, continue to apply to a state regardless of the
designation of any one particular area in the state. Thus, EPA does not
believe that the CAA's interstate transport requirements should be
construed to be applicable requirements for purposes of redesignation.
[[Page 4416]]
In addition, EPA believes that other section 110(a)(2) elements
that are neither connected with nonattainment plan submissions nor
linked with an area's attainment status are not applicable requirements
for purposes of redesignation. The area will still be subject to these
requirements after the area is redesignated. The section 110(a)(2) and
part D requirements which are linked with a particular area's
designation and classification are the relevant measures to evaluate in
reviewing a redesignation request. This approach is consistent with
EPA's existing policy on applicability (i.e., for redesignations) of
conformity and oxygenated fuels requirements, as well as with section
184 ozone transport requirements. See Reading, Pennsylvania, proposed
and final rules (61 FR 53174-53176, October 10, 1996), (62 FR 24826,
May 7, 2008); Cleveland-Akron-Loraine, Ohio, final rule (61 FR 20458,
May 7, 1996); and Tampa, Florida, final rule at (60 FR 62748, December
7, 1995). See also the discussion on this issue in the Cincinnati,
Ohio, redesignation (65 FR 37890, June 19, 2000), and in the
Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October 19,
2001). Nonetheless, EPA has approved Florida's SIP revisions related to
the section 110 requirements for the 2010 SO2 NAAQS, with
the exception of the interstate transport elements at section
110(a)(2)(D)(i)(I). See 81 FR 67179 (September 30, 2016).
2. Title I, Part D, Applicable SIP Requirements
Subpart 1 of part D, comprised of CAA sections 171-179B, sets forth
the basic nonattainment requirements applicable to all nonattainment
areas. All areas that were designated nonattainment for the
SO2 NAAQS were designated under Subpart 1 of the CAA in
accordance with the deadlines in Subpart 5. For purposes of evaluating
this redesignation request, the applicable Subpart 1 SIP requirements
are contained in section 172(c)(1)-(9), section 176, and sections 191
and 192. A thorough discussion of the requirements contained in
sections 172(c) can be found in the General Preamble for Implementation
of Title I. See 57 FR 13498 (April 16, 1992).
a. Subpart 1 Section 172 Requirements
Section 172 requires states with nonattainment areas to submit
plans providing for timely attainment and meeting a variety of other
requirements. As discussed in section V.A, above, EPA's longstanding
interpretation of the attainment-related nonattainment planning
requirements of section 172 is that once an area is attaining the
NAAQS, those requirements are not ``applicable'' for purposes of CAA
section 107(d)(3)(E)(ii) and therefore need not be approved into the
SIP before EPA can redesignate the area. In the 1992 General Preamble
for Implementation of Title I, EPA set forth its interpretation of
applicable requirements for purposes of evaluating redesignation
requests when an area is attaining a standard. See 57 FR 13498, 13564
(April 16, 1992). EPA noted that the requirements for RFP and other
measures designed to provide for attainment do not apply in evaluating
redesignation requests because those nonattainment planning
requirements ``have no meaning'' for an area that has already attained
the standard. Id. This interpretation was also set forth in the
Calcagni Memo. EPA's understanding of section 172 also forms the basis
of its Clean Data Policy, articulated with regard to the 2010 1-hour
SO2 NAAQS in the SO2 Nonattainment Area Guidance,
which suspends a state's obligation to submit most of the attainment
planning requirements that would otherwise apply, including an
attainment demonstration and planning SIPs to provide for RFP, RACT/
RACM, NNSR, and contingency measures under section 172(c)(9).
As discussed above, EPA previously approved Florida's nonattainment
SIP for the Nassau County Area. See 82 FR 30749 (July 3, 2017). Among
other things, the nonattainment SIP for the Area satisfied the section
172(c)(1) requirements for RACT/RACM; 172(c)(2) requirements related to
RFP; 172(c)(3) requirements for a comprehensive and accurate emissions
inventory; 172(c)(4) and (5) for NNSR; 172(c)(6) requirements for
permanent and enforceable control measures necessary to provide
attainment of the NAAQS by the attainment date; and section 172(c)(9)
requirements for contingency measures.
Section 172(c)(4) requires the identification and quantification of
allowable emissions for major new and modified stationary sources to be
allowed in an area, and section 172(c)(5) requires source permits for
the construction and operation of new and modified major stationary
sources anywhere in the nonattainment area. EPA has a longstanding
interpretation that because NNSR is replaced by PSD upon redesignation,
nonattainment areas seeking redesignation to attainment need not have a
fully approved part D NNSR program in order to be redesignated. See
memorandum from Mary Nichols, Assistant Administrator for Air and
Radiation, dated October 14, 1994, entitled ``Part D New Source Review
Requirements for Areas Requesting Redesignation to Attainment.''
Florida currently has a fully-approved PSD and part D NNSR program in
place in Chapters 62-204, 62-210, and 62-212 of the Florida
Administrative Code. Florida's PSD program will become effective in the
Area upon redesignation to attainment.
Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, EPA believes that
Florida's SIP meets the requirements of section 110(a)(2) applicable
for purposes of redesignation.
Finally, section 172(c)(8) allows a state to use equivalent
modeling, emission inventory, and planning procedures if such use is
requested by the state and approved by EPA. Florida has not requested
the use of equivalent techniques under section 172(c)(8).
As mentioned above, EPA fully approved Florida's April 3, 2015,
nonattainment SIP for the Nassau County Area, including the modeled
attainment demonstration, and determined that the SIP submission met
the applicable nonattainment planning requirements of sections 172 and
191-192 of the CAA demonstrating attainment of the SO2
standard by the statutory deadline. This approval included the specific
SO2 emission limits and compliance parameters established
for the two SO2 point sources impacting the Nassau Area
(Rayonier and WestRock).
b. Subpart 1 Section 176--Conformity Requirements
Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that federally supported or funded projects
conform to the air quality planning goals in the applicable SIP. The
requirement to determine conformity applies to transportation plans,
programs, and projects that are developed, funded, or approved under
title 23 of the United States Code (U.S.C.) and the Federal Transit Act
(transportation conformity) as well as to all other federally supported
or funded projects (general conformity). State transportation
conformity SIP revisions must be consistent with federal conformity
regulations relating to consultation, enforcement, and enforceability
that EPA promulgated pursuant to its authority under the CAA.
EPA believes that it is reasonable to interpret the conformity SIP
[[Page 4417]]
requirements \15\ as not applying for purposes of evaluating the
redesignation request under section 107(d) because state conformity
rules are still required after redesignation and federal conformity
rules apply where state rules have not been approved. See Wall v. EPA,
265 F.3d 426 (upholding this interpretation) (6th Cir. 2001); See 60 FR
62748 (December 7, 1995). Furthermore, due to the relatively small, and
decreasing, amounts of sulfur in gasoline and on-road diesel fuel, the
EPA's transportation conformity rules provide that they do not apply to
SO2 unless either the EPA Regional Administrator or the
director of the state air agency has found that transportation-related
emissions of SO2 as a precursor are a significant
contributor to a SO2 or fine particulate matter
(PM2.5) nonattainment problem, or if the SIP has established
an approved or adequate budget for such emissions as part of the RFP,
attainment, or maintenance strategy. See 40 CFR 93.102(b)(1), (2)(v);
SO2 Nonattainment Area Guidance. Neither of these conditions
have been met; therefore, EPA's transportation conformity rules do not
apply to SO2 for the Area. For these reasons, EPA proposes
to find that Florida has satisfied all applicable requirements for
purposes of redesignation of the Nassau County Area under section 110
and part D of title I of the CAA.
---------------------------------------------------------------------------
\15\ CAA section 176(c)(4)(E) requires states to submit
revisions to their SIPs to reflect certain federal criteria and
procedures for determining transportation conformity. Transportation
conformity SIPs are different from the motor vehicle emission
budgets that are established in control strategy SIPs and
maintenance plans.
---------------------------------------------------------------------------
B. The Nassau County Area Has a Fully Approved Applicable SIP Under
Section 110(k) of the CAA
EPA has fully approved the applicable Florida SIP for the Nassau
County Area under section 110(k) of the CAA for purposes of
redesignation. EPA may rely on prior SIP approvals in approving a
redesignation request (see Calcagni Memorandum at p. 3, Southwestern
Pennsylvania Growth Alliance v. Browner, 144 F.3D 984, 989-90 (6th Cir.
1998); Wall, 265 F.3d 426) plus any additional measures it may approve
in conjunction with a redesignation action. See 68 FR 25426 (May 12,
2003) and citations therein. As mentioned above, EPA fully approved the
State's nonattainment SIP and approved Florida's SIP revisions related
to the section 110 requirements for the 2010 SO2 NAAQS, with
the exception of the interstate transport elements at section
110(a)(2)(D)(i)(I). See 82 FR 30749 (July 3, 2017) and 81 FR 67179
(September 30, 2016), respectively.
As discussed above, EPA believes that the section 110 elements that
are neither connected with nonattainment plan submissions nor linked to
an area's nonattainment status are not applicable requirements for
purposes of redesignation.
Criterion (3)--The Air Quality Improvement in the Nassau County Area Is
Due to Permanent and Enforceable Reductions in Emissions Resulting From
Implementation of the SIP and Applicable Federal Air Pollution Control
Regulations and Other Permanent and Enforceable Reductions
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the air quality improvement in the area
is due to permanent and enforceable reductions in emissions resulting
from implementation of the SIP, applicable Federal air pollution
control regulations, and other permanent and enforceable reductions
(CAA section 107(d)(3)(E)(iii)). EPA proposes to determine that Florida
has demonstrated that the observed air quality improvement in the
Nassau County Area is due to permanent and enforceable reductions in
SO2 emissions resulting from implementation of the SIP,
including SO2 control measures at the Rayonier and WestRock
facilities since the nonattainment designation.
When EPA designated the Nassau County Area as a nonattainment area
for the 2010 1-hour SO2 NAAQS, EPA determined that
operations at Rayonier were the primary cause of the 2010 1-hour
SO2 NAAQS violations in the Area. See 78 FR 47191.\16\
However, Florida included the nearby WestRock facility in its modeled
attainment demonstration because it determined that WestRock was also a
significant contributor to elevated concentrations within the defined
nonattainment area.\17\ The April 3, 2015, Nassau County Area
nonattainment SIP revision was based on this determination and
successfully reduced ambient concentrations below the 1-hour
SO2 NAAQS by only requiring emissions reductions at Rayonier
and WestRock.
---------------------------------------------------------------------------
\16\ See Final Technical Support Document, July 2013, Florida
First Round of Nonattainment Area Designations for the 2010
SO2 Primary NAAQS, Prepared by EPA Region 4. This
document is available at Docket ID: EPA-HQ-OAR-2012-0233-0307.
\17\ FDEP modeled actual emissions at the time of area
designations which revealed contributing impacts throughout the NAA
due to emissions from WestRock (formerly RockTenn). See 82 FR 30749
(July 3, 2017) and Docket ID: EPA-R04-OAR-2015-0623.
---------------------------------------------------------------------------
Rayonier received an air construction permit \18\ on April 12,
2012, from FDEP to lower SO2 maximum allowable emission
rates on all three of its SO2 emitting units--EU 005, EU
006, and EU 022--based on a 3-hour rolling average. The construction
permit authorized a stack height increase for the vent gas scrubbing
system (EU 005) from 110 feet (ft.) to at least 165 ft. to improve
dispersion (the final as-built height is 180 feet) and lowered the
allowable SO2 emission limit to 100 ppm (25.3 lb/hr). The
permit also lowered the allowable SO2 emission limit for the
Recovery Boiler (EU 006) to 250 parts per million (volumetric dry (297
lb/hr)) and lowered the allowable SO2 emission limit for the
No. 6 Power Boiler (EU 022) from 420 lb/hr to 180 lb/hr.\19\ All three
SO2 units have in-stack continuous emission monitoring
systems (CEMS) for SO2 to ensure compliance with their
SO2 emission limits. FDEP estimated that Rayonier's
allowable SO2 emissions (total from sum of all three
controlled units) were reduced from 836.5 lb/hr to 502.3 lb/hr,
representing a 40 percent decrease. The construction project was
completed in the second quarter of 2014, and the emission limitations
for all three controlled units were established in air construction
permit (Permit No. 0890004-036-AC) on April 12, 2012, and incorporated
into the source's Title V operating permit (Permit No. 0890004-042-AV)
\20\ on May 6, 2014. The limitations became effective the date that the
Title V permit revision was issued. EPA incorporated these new
SO2 emissions limits, operating parameters, and compliance
monitoring, recordkeeping, and reporting requirements from the air
construction permit into the Florida SIP on July 3, 2017, making these
controls permanent and enforceable. See 82 FR 30749 (July 3, 2017).
Table 3 summarizes the changes at the Rayonier facility.
---------------------------------------------------------------------------
\18\ See air construction permit 0890004-036-AC issued by FDEP
on April 12, 2012, located in the docket for this action.
\19\ Rayonier considered two emissions limits for EU 022--180
lb/hr SO2 at the current stack height of 190 ft; or 250
lb/hr SO2 if the stack height was increased to 210 ft.
However, the stack height for EU 022 No.6 power boiler was not
increased, and therefore, the final limit emission limit is 180 lb/
hr.
\20\ See Title V operating permit 0890004-042-AV issued by FDEP
on May 6, 2014, located in the docket for this action.
[[Page 4418]]
Table 3--Rayonier Facility SO2 Source Changes
----------------------------------------------------------------------------------------------------------------
SO2 Emission limit * Stack height
Source -----------------------------------------------------------------------------
Previous Current Previous Current
----------------------------------------------------------------------------------------------------------------
EU 005-Vent Gas Scrubber.......... 250 ppm (63.2 lb/hr) 100 ppm (25.3 lb/hr) 110 ft 180 ft
---------------------------------
EU 006--Recovery Boiler........... 300 ppm (353.3 lb/ 250 ppm (297 lb/hr). No change
hr).
---------------------------------
EU 022--No. 6 Power Boiler........ 420 lb/hr........... 180 lb/hr........... No change
----------------------------------------------------------------------------------------------------------------
* All previous and new SO2 emission limits are 3-hour rolling averages.
For WestRock, FDEP issued an air construction permit (Permit No.
0890003-046-AC) \21\ on January 9, 2015, authorizing two phases of
physical and operational changes to the four largest SO2
emitting units--No. 5 Power Boiler (EU 006), No. 4 Recovery Boiler (EU
007), No. 5 Recovery Boiler (EU 011), and No. 7 Recovery Boiler (EU
015). WestRock implemented physical upgrades to the No. 4 and No. 5
recovery boilers to achieve a more stable and consistent combustion and
chemical recovery process. These physical improvements resulted in an
individual permitted allowable emission rate of 150 lb/hr for each
recovery boiler or a combined 300.0 lb/hr SO2 emission cap
for both units on a 3-hour block average. These individual and combined
emission limits were effective January 1, 2018. For the two power
boilers, a pipeline was constructed to reroute low volume, high
concentration non-condensable gas (NCGs) to the No. 7 power boiler, and
a white liquor scrubber system was installed upstream of the NCGs to
remove total reduced sulfur before combustion. These NCGs were
previously collected and burned in the No. 5 power boiler completed in
December, but the rerouting and scrubbing of NCGs allowed for a
significant reduction in SO2 emissions from the No. 5 Power
Boiler lowering the allowable SO2 emissions from 550 lb/hr
to 15.0 lb/hr based on a 3-hour block average and representing a 97
percent decrease in SO2 emissions (without any increase in
the emission limit of the No. 7 Power Boiler). The 15.0 lb/hr limit was
effective beginning
---------------------------------------------------------------------------
\21\ See air construction permit 0890003-046-AC issued by FDEP
on January 9, 2015, located in the docket for this action.
---------------------------------------------------------------------------
January 31, 2016 (except when the boiler was used as a control
device for NCG through November 30, 2017). In addition, effective
January 31, 2016, the No. 5 Power boiler ceased burning of No. 6 fuel
oil. Effective December 1, 2017, after the rerouting and scrubbing of
NCGs was complete, the No. 5 power boiler was no longer used as a
backup NCG control device.
The new emission limits for three of the four controlled units were
established in an air construction permit (Permit No. 0890004-046-AC)
on January 9, 2015, and incorporated into the source's Title V
operating permit (Permit No. 0890003-055-AV) \22\ on November 14, 2017.
All four SO2 units have in-stack CEMS for SO2 to
ensure compliance with their SO2 emission limits in
accordance with section 113(a)(1) of the CAA.\23\ EPA incorporated
these new SO2 emissions limits for three of the four
controlled emission units, operating parameters, and compliance
monitoring, recordkeeping and reporting requirements from the air
construction permit into the Florida SIP on July 3, 2017, making these
controls permanent and enforceable. See 82 FR 30749 (July 3, 2017).
Table 4 summarizes each of the source changes at the WestRock facility.
---------------------------------------------------------------------------
\22\ See Title V operating permit 0890003-055-AV issued by FDEP
on November 14, 2017, located in the docket for this action.
\23\ Air construction permit 0890003-046-AC requires that
compliance with the combined SO2 emission cap be
demonstrated by certified CEMS data. See Condition 2 in Section 3.C.
Table 4--WestRock Facility SO2 Source Changes
----------------------------------------------------------------------------------------------------------------
SO2 Emission limit
Source ------------------------------------------------ Other changes
Previous Current *
----------------------------------------------------------------------------------------------------------------
EU 006--No. 5 Power Boiler......... 550 lb/hr **.......... 15.0 lb/hr............ Removal of NCGs.
EU 007--No. 4 Recovery Boiler ***.. None.................. 300.0 lb/hr cap....... Improvements made to
combustion air system.
EU 011--No. 5 Recovery Boiler ***.. None.................. Improvements made to
combustion air system.
------------------------------------------------
EU 015--No. 7 Power Boiler......... No Change Addition of NCG pipeline
for backup combustion
(white liquor scrubber
added upstream).
----------------------------------------------------------------------------------------------------------------
* All new SO2 emission limits are 3-hour block averages.
** 24-hour average.
*** SO2 emissions from each recovery boiler shall not exceed 150.0 lb/hour based on 3-hour block average.
Rayonier's previous allowable SO2 limit was 3,663.87
tons per year (tpy), and WestRock's previous allowable SO2
limit was 12,286.69 tpy. The new maximum allowable emissions are
2,200.07 and 6,746.08 tpy for Rayonier and WestRock, respectively,
corresponding to a combined reduction of approximately 44 percent in
allowable SO2 emissions. The air quality improvement in the
Nassau County Area is due to permanent and enforceable reductions in
SO2 emissions resulting from the control measures identified
above and incorporated into the SIP.
[[Page 4419]]
Criterion (4)--The Nassau County Area Has a Fully Approved Maintenance
Plan Pursuant to Section 175A of the CAA
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the area has a fully approved
maintenance plan pursuant to section 175A of the CAA. See CAA section
107(d)(3)(E)(iv). In conjunction with its request to redesignate the
Nassau County Area to attainment for the 2010 1-hour SO2
NAAQS, Florida submitted a SIP revision to provide for the maintenance
of the 2010 1-hour SO2 NAAQS for at least 10 years after the
effective date of redesignation to attainment. EPA is proposing to
determine that this maintenance plan meets the requirements for
approval under section 175A of the CAA.
a. What is required in a maintenance plan?
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under section 175A, the plan must demonstrate continued attainment of
the applicable NAAQS for at least 10 years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, the state must submit a revised maintenance plan
demonstrating that attainment will continue to be maintained for the 10
years following the initial 10-year period. To address the possibility
of future NAAQS violations, the maintenance plan must contain
contingency measures as EPA deems necessary to assure prompt correction
of any future 2010 1-hour SO2 violations. The Calcagni
Memorandum provides further guidance on the content of a maintenance
plan, explaining that a maintenance plan should address five
requirements: The attainment emissions inventory; maintenance
demonstration; monitoring; verification of continued attainment; and a
contingency plan. As is discussed more fully below, EPA is proposing to
determine that Florida's maintenance plan includes all the necessary
components and is thus proposing to approve it as a revision to the
Florida SIP.
b. Attainment Emissions Inventory
An attainment inventory identifies a level of emissions in the Area
that is sufficient to attain the NAAQS. In its maintenance plan,
Florida used 2013 actual emissions data to represent the attainment
emissions inventory. As identified above, the 2011-2013 design value at
the Fernandina Beach monitor was below the NAAQS. SO2
emissions data from Rayonier and WestRock facilities, as included in
the 2013 annual operating reports for all sources, is presented in
Table 5. Although WestRock is located outside of the Area, Florida
included the nearby WestRock facility in its modeled attainment
demonstration because it determined that WestRock was also a
significant contributor to elevated concentrations within the defined
nonattainment area. The complete attainment emissions inventory is
presented in Table 6. Florida interpolated area and non-road emissions
for the Area for 2013 from the 2011 and 2014 National Emissions
Inventory (NEI) data for Nassau County because the State is only
required to develop these inventories on a triennial period in
accordance with the NEI and subpart A to 40 CFR part 51. The 2013
estimated emissions were then allocated to the Area based on the Area's
fraction of land area within the county. The State estimated on-road
emissions for the Area with MOVES2014a, and then allocated them to the
Area based on the Area's fraction of land area within the county.
Table 5--2013 SO2 Emissions Inventory for Rayonier and WestRock
Facilities
------------------------------------------------------------------------
2013 SO2
EU ID Unit description Emissions
(tons)
------------------------------------------------------------------------
Rayonier Facility SO2 Emissions
------------------------------------------------------------------------
005............................... Vent Gas Scrubber... 14.84
------------------------------------------------------------------------
006............................... Recovery Boiler..... 470.56
022............................... No. 6 Power Boiler.. 6.30
---------------
Total......................... .................... 491.70
------------------------------------------------------------------------
WestRock Facility SO2 Emissions
------------------------------------------------------------------------
006............................... No. 5 Power Boiler.. 60.29
------------------------------------------------------------------------
007............................... No. 4 Recovery 134.32
Boiler.
011............................... No. 5 Recovery 128.91
Boiler.
013............................... No. 4 Smelt 1.45
Dissolving Tank.
014............................... No. 5 Smelt 1.37
Dissolving Tank.
015............................... No. 7 Power Boiler.. 2,793.45
021............................... No. 4 Lime Kiln..... 26.70
---------------
Total......................... .................... 3,146.49
---------------
Total All Point Sources... .................... 3,638.19
------------------------------------------------------------------------
Table 6--2013 Attainment Emissions Inventory for the Nassau County Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source type Point Area Non-road On-road Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
2013 SO2 Emissions (tons).......................................... 3,638.19 0.72 0.01 0.11 3,639.03
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 4420]]
For additional information regarding the development of the
attainment year inventory, please see Appendix D to Florida's June 7,
2018, SIP submittal.
c. Maintenance Demonstration
Maintenance of the SO2 standard is demonstrated either
by showing that future emissions will not exceed the level of the
attainment emissions inventory year or by modeling to show that the
future mix of sources and emission rates will not cause a violation of
the NAAQS.
To evaluate maintenance through 2032 and satisfy the 10-year
interval required in CAA section 175A, Florida prepared projected
emissions inventories for 2020-2032. The emissions inventories are
composed of the following general source categories: Point, area, non-
road mobile, and on-road mobile. The emissions inventories were
developed consistent with EPA guidance and are summarized in Table 7.
Florida compared projected emissions for the final year of the
maintenance plan (2032) to the attainment emissions inventory year
(2013) and compared interim years to the attainment emissions inventory
year to demonstrate continued maintenance of the 2010 1-hour
SO2 standard. For additional information regarding the
development of the projected inventories, please see Appendix D to
Florida's June 7, 2018, SIP submittal.
Table 7--Projected Future Emissions Inventories for the Area
----------------------------------------------------------------------------------------------------------------
Projected 2020 Projected 2023 Projected 2026 Projected 2029 Projected 2032
SO2 emissions SO2 emissions SO2 emissions SO2 emissions SO2 emissions
Source type (tons) (tons) (tons) (tons) (tons)
----------------------------------------------------------------------------------------------------------------
Point........................... 3,638.19 3,638.19 3,638.19 3,638.19 3,638.19
Area............................ 0.93 0.98 1.03 1.08 1.12
Non-road........................ 0.01 0.01 0.01 0.01 0.01
On-road......................... 0.05 0.05 0.05 0.04 0.04
-------------------------------------------------------------------------------
Total....................... 3,639.18 3,639.23 3,639.28 3,639.32 3,639.37
----------------------------------------------------------------------------------------------------------------
In situations where local emissions are the primary contributor to
nonattainment, such as the Nassau County Area, if the future projected
emissions in the nonattainment area remain at or below the baseline
emissions in the nonattainment area, then the related ambient air
quality standards should not be exceeded in the future. Florida has
projected emissions as described previously, and these projections
indicate that emissions in the Nassau County Area will remain at nearly
the same levels as those in the attainment year inventory for the
duration of the maintenance plan. While these projections include a
very small increase in area source emissions from 2020 to 2032 (0.19
tons), the increase is negligible when compared to the total emissions
inventory and EPA does not believe that this projected increase should
cause an exceedance of the SO2 NAAQS through 2032. This
belief is supported by the fact and any increases in actual emissions
from Rayonier or WestRock must remain below their permitted levels,
which were made permanent and enforceable through incorporation into
the SIP. Furthermore, any potential future SO2 emissions
sources that may locate in or near the Area would be required to comply
with the FDEP's approved NSR permitting programs to ensure that the
Area will continue to meet the NAAQS.
As discussed in the SO2 Nonattainment Area Guidance, an
approved attainment plan that relies on air quality dispersion modeling
using maximum allowable emissions, such as Florida's attainment plan
for the Area, can generally be expected to demonstrate that the
standard will be maintained for the requisite 10 years and beyond
without regard to any changes in operation rate of the pertinent
sources that do not involve increases in maximum allowable
emissions.\24\ EPA believes that the Area will continue to maintain the
standard at least through the year 2032 because the air quality
modeling in the approved attainment plan showed that the Area would
attain the standard based on maximum allowable emissions limits at
Rayonier and WestRock that are incorporated into the SIP, these sources
have fully implemented the permanent and enforceable modeled limits and
controls, and the emissions reductions from these measures are
reflected in the attaining design values for the Area.
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\24\ See SO2 Nonattainment Area Guidance at p.67.
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d. Monitoring Network
The Fernandina Beach monitor (12-089-0005) is the only
SO2 monitor located within the Nassau County Area, and the
2010 1-hour SO2 nonattainment designation was based on data
collected from 2009-2011 at this monitor. In its maintenance plan,
Florida has committed to continue operating an appropriate
SO2 monitoring network, consult with EPA prior to making any
changes to the existing network, and continue to quality assure the
monitoring data in accordance with 40 CFR part 58. Therefore, Florida
has addressed the requirement for monitoring. FDEP's monitoring network
plan was submitted on June 30, 2017, and approved by EPA on October 19,
2017.
e. Verification of Continued Attainment
The State of Florida, through FDEP, has the legal authority to
enforce and implement all measures necessary to attain and maintain the
NAAQS. Section 403.061(35), Florida Statutes, authorizes the Department
to ``exercise the duties, powers, and responsibilities required of the
state under the federal Clean Air Act.'' This includes implementing and
enforcing all measures necessary to attain and maintain the NAAQS. In
addition, FDEP will use emissions data submitted by Rayonier and
WestRock through annual operating reports to verify continued
compliance with the permitted emissions rates that were shown through
the modeling demonstration in the attainment plan to be sufficient to
provide for maintenance of the 2010 1-hour SO2 NAAQS
throughout the Area. Any increases in actual emissions from Rayonier or
WestRock must remain below their permitted levels, which were made
permanent and enforceable through incorporation into the SIP.
Furthermore, any potential future SO2 emissions sources that
may locate in or near the Area would be required to comply with the
FDEP's approved NSR permitting programs to ensure that the Area will
continue to meet the NAAQS. In addition to assuring continued
attainment in this manner, FDEP will
[[Page 4421]]
verify continued attainment through operation of the monitoring
network.
f. Contingency Measures in the Maintenance Plan
Section 175A of the CAA requires that a maintenance plan include
such contingency measures as EPA deems necessary to assure that the
state will promptly correct a violation of the NAAQS that occurs after
redesignation. The maintenance plan should identify the contingency
measures to be adopted, a schedule and procedure for adoption and
implementation, and a time limit for action by the state. In cases
where attainment revolves around compliance of a single source or a
small set of sources with emissions limits shown to provide for
attainment, the EPA interprets ``contingency measures'' to mean that
the state agency has a comprehensive program to identify sources of
violations of the SO2 NAAQS and to undertake aggressive
follow-up for compliance and enforcement, including expedited
procedures for establishing enforceable consent agreement pending the
adoption of revised SIPs.\25\ A state should also identify specific
indicators to be used to determine when the contingency measures need
to be implemented. The maintenance plan must include a requirement that
a state will implement all measures with respect to control of the
pollutant that were contained in the SIP before redesignation of the
area to attainment in accordance with section 175A(d).
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\25\ See SO2 Nonattainment Area Guidance at p.69.
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The contingency plan included in the maintenance plan contains
triggers to determine when contingency measures are needed and what
kind of measures should be used. Upon notification by the FDEP Office
of Air Monitoring that the Fernandina Beach monitor has registered
SO2 levels in excess of the standard for a fourth time
during a calendar year, FDEP will notify Rayonier and WestRock of the
occurrence of the fourth high exceedance. Upon notification by FDEP of
a confirmed fourth high exceedance,\26\ Rayonier and WestRock will,
without any further action by FDEP or EPA, undertake a full system
audit of all emissions units subject to control under the attainment
plan. Within 10 days of notification of the confirmed fourth high
exceedance, each source will independently submit a written system
audit report to FDEP summarizing all operating parameters of all
emissions units for four 10-day periods up to and including the dates
of the exceedances together with recommended provisional SO2
emission control strategies for each affected unit and evidence that
these control strategies have been deployed, as appropriate. Upon
receipt of the above-mentioned reports, FDEP will then begin a 30-day
evaluation of these reports to determine the cause of the exceedances,
followed by a 30-day consultation period with the sources to develop
and implement appropriate operational changes. At the end of the
consultation period, FDEP will mandate operational changes identified
by the written system audit to prevent any future violation of the
NAAQS. Any necessary changes would be implemented as soon as
practicable, with at least one implemented within 18-24 months of the
monitored violation, in order to bring the Area into attainment as
expeditiously as possible. These changes could include, but would not
be limited to:
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\26\ Confirmation of a fourth high exceedance over the
SO2 NAAQS would be made after quality assurance
activities are completed, but not necessarily with FDEP-certified
data.
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Fuel switching to reduce or eliminate the use of sulfur-
containing fuels;
Combustion air system enhancement;
Vent gas scrubber enhancement;
White liquor scrubber enhancement; and/or
Physical or operational reduction of production capacity,
as appropriate.
If a permit modification is necessary, the State would issue a
final permit in accordance to Sections 120 and 403 of the Florida
Statutes. Subsequently, Florida would submit any relevant permit change
to EPA as a source-specific SIP revision to make the change permanent
and enforceable. In addition to including these contingency measures in
the maintenance plan, Florida also stated that all existing control
measures will remain in effect after redesignation.
EPA has preliminarily concluded that the maintenance plan
adequately addresses the five basic components of a maintenance plan:
The attainment emissions inventory; maintenance demonstration;
monitoring; verification of continued attainment; and a contingency
plan. Therefore, EPA proposes to determine that the maintenance plan
for the Area meets the requirements of section 175A of the CAA and
proposes to incorporate the maintenance plan into the Florida SIP.
VI. What is the effect of EPA's proposed actions?
Approval of Florida's redesignation request would change the legal
designation of the portion of Nassau County that is within the Nassau
County Area, as found at 40 CFR part 81, from nonattainment to
attainment for the 2010 1-hour SO2 NAAQS. Approval of
Florida's associated SIP revision would also incorporate a plan for
maintaining the 2010 1-hour SO2 NAAQS in the Nassau County
Area through 2032 into the SIP.
VII. Proposed Actions
EPA is proposing to take three separate but related actions
regarding the redesignation request and associated SIP revision for the
Nassau County Area.
First, EPA is proposing to determine that the Area attained the
2010 1-hour SO2 NAAQS by its attainment date of October 4,
2018. This determination is being proposed in accordance with section
179(c)(1) of the CAA.
Second, EPA is proposing to approve the maintenance plan for the
Area and to incorporate it into the SIP. As described above, the
maintenance plan demonstrates that the Area will continue to maintain
the 2010 1-hour SO2 NAAQS through 2032.
Third, EPA is proposing to approve Florida's request for
redesignation of the Area from nonattainment to attainment for the 2010
1-hour SO2 NAAQS. If finalized, approval of the
redesignation request for the Nassau County Area would change the
official designation of the portion of Nassau County, Florida,
encompassing the circular boundary with the center being UTM Easting
455530 meters, UTM Northing 3391737 meters, UTM zone 17, using the
NAD83 datum (the location of the ambient monitor in the Area) and the
radius being 2.4 kilometers, as found at 40 CFR part 81, from
nonattainment to attainment for the 2010 1-hour SO2 NAAQS.
VIII. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k);
40 CFR 52.02(a).
[[Page 4422]]
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
these proposed actions merely propose to approve state law as meeting
Federal requirements and do not impose additional requirements beyond
those imposed by state law. For this reason, these proposed actions:
Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Are not Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions because redesignations and SIP approvals are
exempted under Executive Order 12866;
Do not impose information collection burdens under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Do not contain any unfunded mandates or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
This redesignation action is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping,
Sulfur dioxide.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 5, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019-02536 Filed 2-14-19; 8:45 am]
BILLING CODE 6560-50-P