[Federal Register Volume 85, Number 227 (Tuesday, November 24, 2020)]
[Rules and Regulations]
[Pages 74884-74888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25464]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0001; FRL-10016-41 Region 4]


Air Plan Approval; NC; Blue Ridge Paper SO2 Emission Limits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
source-specific State Implementation Plan (SIP) revision submitted by 
the State of North Carolina Department of Environmental

[[Page 74885]]

Quality, Division of Air Quality (DAQ), in final form, through a letter 
dated September 3, 2020. North Carolina's September 3, 2020, source-
specific SIP revision requests that EPA incorporate into the SIP more 
stringent sulfur dioxide (SO2) permit limits than those 
currently contained in the SIP for the Blue Ridge Paper Products, LLC 
(also known as BRPP) facility located in the Beaverdam Township Area of 
Haywood County, North Carolina. Specifically, EPA is approving, into 
the SIP, specific SO2 permit limits and associated operating 
restrictions, monitoring, recordkeeping, reporting (MRR) and testing 
compliance requirements established in BRPP's title V operating permit 
as permanent and enforceable SO2 control measures. North 
Carolina submitted these limits to support its recommendation that EPA 
designate the Beaverdam Township Area as ``attainment/unclassifiable'' 
under the 2010 primary SO2 national ambient air quality 
standard (NAAQS or standard) (also referred to as the 2010 1-hour 
SO2 NAAQS). The purpose of this rulemaking is not to take 
action on whether these SO2 emissions limits are adequate 
for EPA to designate the Beaverdam Township Area as attainment under 
the 2010 1-hour SO2 NAAQS. Instead, EPA will determine the 
air quality status and designate remaining undesignated areas for the 
2010 1-hour SO2 NAAQS, including the Beaverdam Township 
Area, in a separate action. This SIP approval does not prejudge that 
future designation action.

DATES: This rule is effective November 24, 2020.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2020-0001. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials can either 
be retrieved electronically via www.regulations.gov or in hard copy at 
the Air Regulatory Management Section, Air Planning and Implementation 
Branch, Air and Radiation Division, U.S. Environmental Protection 
Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. 
EPA requests that if at all possible, you contact the person listed in 
the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. The Regional Office's official hours of business are Monday 
through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Evan Adams, Air Regulatory Management 
Section, Air Planning and Implementation Branch, Air and Radiation 
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth 
Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404) 
562-9009. Mr. Adams can also be reached via electronic mail at 
[email protected].

I. Background

    On June 24, 2020, North Carolina submitted a draft source-specific 
SIP revision through parallel processing to EPA for approval. 
Specifically, North Carolina's June 24, 2020, draft SIP revision 
requested EPA incorporate specific SO2 permit limits and 
associated operating restrictions, MRR, and testing compliance 
parameters contained in title V operating permit number 08961T29 (T29) 
issued to BRPP \1\ by DAQ, on June 2, 2020, into the North Carolina SIP 
to establish these emission limits and parameters as permanent 
federally enforceable control measures and strengthen the North 
Carolina SIP. BRPP is a subsidiary of Evergreen Packaging and is 
located in the City of Canton in Beaverdam Township, Haywood County, 
North Carolina, 25 kilometers west of Asheville, North Carolina.
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    \1\ BRPP is a vertically integrated pulp and paper mill that 
produces specialty paperboard packaging products. BRPP's primary 
operations are classified under North American Industry 
Classification System 322121 (Paper Except Newsprint Mills). The 
facility utilizes multiple boilers to produce steam for energy 
generation and provide heat for the pulping and paper making 
processes.
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    In a notice of proposed rulemaking (NPRM) published on August 31, 
2020 (85 FR 53715), EPA proposed to approve North Carolina's June 24, 
2020, draft source-specific SIP revision. In this action, EPA is now 
finalizing approval of North Carolina's source-specific SIP revision 
for BRPP which was submitted in final form on September 3, 2020. EPA 
reviewed the final submission, and it contains no substantive changes 
to North Carolina's June 24, 2020, draft source-specific SIP revision 
that EPA proposed to approve in the August 31, 2020, NPRM. Table 1 
below lists the emissions limits to be incorporated in the North 
Carolina SIP for BRPP.\2\
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    \2\ More detail on the emission units, emission limits, and 
operating, MRR, and testing requirements are provided in the August 
31, 2020, NPRM. See 85 FR 53715.

Table 1--Permit T29 SO2 Emission Limits for Incorporation Into the North
                              Carolina SIP
------------------------------------------------------------------------
                                                         SO2 Permitted
                                                         emission limit
   Emission unit ID       Emission unit description      Title V permit
                                                       No. 08961T29 (lb/
                                                              hr)*
------------------------------------------------------------------------
G08020................  No. 10 Recovery Furnace-BLS-                28.0
                         normal Operation.
                        No. 10 Recovery Furnace-ULSD--              0.54
                         startup and shutdown.
G08021................  No. 11 Recovery Furnace-BLS--               28.0
                         normal operation.
                        No. 11 Recovery Furnace-ULSD--              0.54
                         startup and shutdown.
G09028................  No. 4 Lime Kiln..............               6.28
G09029................  No. 5 Lime Kiln..............              10.47
G11039................  Riley Coal Boiler............              61.32
G11040................  No. 4 Power Boiler...........              82.22
G11042................  Riley Bark Boiler............              68.00
------------------------------------------------------------------------
*lb/hr = pounds per hour; BLS = black liquor solids; and ULSD = ultra
  low sulfur diesel.


[[Page 74886]]

    The August 31, 2020, NPRM provides additional detail regarding the 
background and rationale for EPA's action. Comments on the August 31, 
2020, NPRM were due on or before September 30, 2020.

II. Response to Comments

    EPA received five comments on the August 31, 2020, NPRM, all of 
which are included in the EPA docket under Docket Identification No. 
EPA-R04-OAR-2020-0001. All five comments are generally supportive of 
the stricter SO2 emission limits and EPA's action to approve 
SO2 emission limits and compliance parameters into the North 
Carolina SIP. One commenter also expressed their satisfaction with air 
permits and how they believe they prove to be an efficient way to limit 
SO2 emissions. Furthermore, the BRPP facility provided 
comments in support of EPA's proposed action. EPA summarizes and 
responds to one specific comment below to provide clarification.
    Comment: One commenter stated that the stricter SO2 
limits at the BRPP facility are a ``welcomed sight,'' and that they 
support the stricter limitations but also notes, ``The implementation 
of continuous monitoring devices is paramount for such standards to be 
met.'' The commenter also states that the limits ``although relatively 
strict, should strive to become more strict as there were no 
restrictions for SO2 prior'' and that the limits should be 
monitored periodically to reduce emissions rather than wait until new 
equipment is added.
    Response: EPA appreciates the commenter's support of the new 
SO2 emission limits to strengthen the North Carolina SIP. 
Regarding the commenter's statements concerning monitoring, EPA notes 
that the permit conditions for five of the seven emission units at BRPP 
that EPA is incorporating into the North Carolina SIP require 
continuous monitoring to ensure proper operation of associated 
emissions control equipment and continuous compliance with the 
SO2 emission limits.\3\ As EPA explained in the August 31, 
2020, NPRM, the type of monitoring required for these units is known as 
parametric monitoring, and it is a common method to ensure continuous 
compliance with an emissions limit in lieu of continuous direct 
sampling and monitoring of the subject pollutant. This is a common 
regulatory approach used in various Federal regulations such as the 
Maximum Achievable Control Technology standards and New Source 
Performance Standards.
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    \3\ The permit conditions for other two emissions units EPA is 
incorporating into the North Carolina SIP require fuel usage 
restrictions and associated recordkeeping to ensure compliance with 
the SO2 emissions limits.
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    In BRPP's permit T29, parametric monitoring is required for the 
five emissions units that use a scrubber to control SO2 
emissions. The parameters that are critical to proper operations of 
these scrubbers include scrubber liquid flow, pH, and pressure drop as 
provided in T29 and explained in more detail in the NPRM. T29 includes 
conditions restricting operating levels for each of the relevant 
parameters to minimum levels that demonstrate compliance with the 
underlying SO2 emission limit as established during 
performance testing and requires continuous monitoring devices for 
these parameters. In addition, permit T29 requires periodic testing to 
confirm that the established operating levels for the relevant 
parameters continue to demonstrate compliance with the SO2 
emission limits and requires BRPP to comply with any revised operating 
parameters as needed to demonstrate continuous compliance with the 
SO2 emission limits based on such future tests. EPA's final 
action approves these operating and continuous monitoring requirements 
and parameters into the North Carolina SIP.
    Regarding the commenter's statement that the SO2 
emissions limits should strive to be more strict, states have 
flexibility in how to structure their SIPs and EPA is required to 
approve a SIP submission that complies with the provisions of the Clean 
Air Act (CAA or Act). North Carolina exercised this flexibility in 
developing its source-specific SIP revision for BRPP, and EPA is 
approving the SO2 emissions limits contained therein as a 
SIP-strengthening measure because they are more stringent than any 
existing limits for BRPP in the North Carolina SIP and comply with the 
Act. Should North Carolina submit a SIP revision in the future with 
revised SO2 limits, EPA would again evaluate the sufficiency 
of those limits based on the CAA criteria for approvability.

III. Incorporation by Reference

    In this document, EPA is taking final action to include regulatory 
text that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, EPA is finalizing the incorporation by 
reference into North Carolina's SIP the conditions identified below 
from title V operating Permit No. 08961T29 issued by DAQ to BRPP with 
an effective date of June 2, 2020. These permit conditions relate to 
enforcement of and compliance with SO2 emission limitations 
at BRPP for seven SO2 emitting units. Specifically, DAQ has 
requested EPA incorporate into the North Carolina SIP: (1) Condition 
2.2 J.1.b; (2) the lb/hr SO2 emission limitations in Table 
2.2 J.1 for the No. 10 and No. 11 Recovery Furnaces (G08020 and 
G08021), No. 4 and No. 5 Lime Kilns (G09028 and G09029) and Riley Bark, 
Riley Coal, and No. 4 Power Boilers (G11042, G11039 and G11040); (3) 
for the No. 10 and No. 11 Recovery Furnaces (G08020 and G08021)--
condition 2.2 J.1.c.i; (4) for No. 4 and No. 5 Lime Kilns (G09028 and 
G09029)--condition 2.2 J.1.c.iii; condition 2.2 D.1.f.ii; Table 2.2 D-
2; condition 2.2 D.1.h; condition 2.2 D.1.i.ii; condition 2.2 D.1.j.ii; 
conditions 2.2 D.1.l.ii, 2.2 D.1.l.iii, 2.2 D.1.l.iv, 2.2 D.1.l.v, 2.2 
D.1.l.vii, and 2.2 D.1.l.viii; condition 2.2 D.1.m; condition 2.2 
D.1.n; condition 2.2 D.1.o; and condition 2.2 D.1.p.iii; (5) for the 
Riley Bark, Riley Coal and No. 4 Power Boilers (G11042, G11039 and 
G11040)--condition 2.2 J.1.c.vii and Table 2.2 J.2; (6) Testing--
condition 2.2 J.1.d, Table 2.2 J.3, and condition 2.2 J.1.e; (7) 
Recordkeeping--conditions 2.2 J.1.g.i, 2.2 J.1.g.ii, and 2.2 J.1.g.iii; 
(8) Reporting--conditions 2.2 J.1.h and 2.2 J.1.i. EPA has made, and 
will continue to make, these materials generally available through 
www.regulations.gov and at the EPA Region 4 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

IV. Final Action

    EPA is approving SO2 emissions limits and associated 
operating restrictions, MRR, and testing compliance parameters from 
BRPP's title V operating permit T29 into the North Carolina SIP. EPA 
confirms that the SO2 emissions limits and associated 
operating restrictions, MRR, and testing compliance parameters for BRPP 
are more stringent than requirements that are currently approved into 
the North Carolina SIP for BRPP. By incorporating these SO2 
permit limits and associated operating restrictions, MRR, and testing 
compliance parameters into the North Carolina SIP, these requirements 
will become permanently federally enforceable and strengthen the North 
Carolina SIP.
    Section 553(d)(3) of the Administrative Procedure Act (``APA''), 5 
U.S.C. 553(d)(3), provides that final rules shall not become effective 
until 30 days after date of publication in the Federal Register 
``except . . . as otherwise provided by the agency for good cause.'' 
The purpose of this provision is to ``give affected parties a 
reasonable time to adjust their behavior

[[Page 74887]]

before the final rule takes effect.'' Omnipoint Corp. v. Fed. Commc'n 
Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United States v. 
Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting legislative 
history). Thus, in determining whether good cause exists to waive the 
30-day delay, an agency should ``balance the necessity for immediate 
implementation against principles of fundamental fairness which require 
that all affected persons be afforded a reasonable amount of time to 
prepare for the effective date of its ruling.'' Gavrilovic, 551 F.2d at 
1105. EPA has determined that there is good cause for making this final 
rule effective immediately after balancing such considerations. 
Regarding affording affected persons reasonable time to prepare, BRPP 
does not need time to prepare for the effective date of this rule 
because the emissions limits and compliance parameters EPA is 
incorporating into the SIP are already federally enforceable through 
the facility's title V permit, and BRRP is already meeting those limits 
and compliance parameters. Thus, the only consequence of EPA's action 
is to make the terms and conditions of the permit submitted for SIP 
approval permanently federally enforceable, which has no immediate 
impact on BRPP. Regarding necessity for immediate implementation, 
delaying the effective date of the SIP approval for 30 days after 
publication in the Federal Register risks interfering with EPA's 
ability to consider these limits and compliance parameters when 
assessing the most current and accurate information reflecting the air 
quality status around BRRP in its upcoming final designation decision 
under the 2010 1-hour SO2 NAAQS, as that designation 
decision is due under court order to be signed no later than December 
31, 2020. Moreover, it is in the public's interest for EPA's approval 
and incorporation of these enforceable permit terms to be made 
permanently federally enforceable immediately. For these reasons, the 
agency finds that good cause exists under APA section 553(d)(3) to make 
this rule effective immediately upon publication.
    This final rulemaking does not address whether the specific 
SO2 permit limits and compliance permit conditions from 
operating permit T29 are adequate for EPA to promulgate an attainment/
unclassifiable designation of the 2010 1-hour SO2 NAAQS for 
the Beaverdam Township Area near BRPP. However, final approval of these 
SO2 permit limits and associated compliance parameters into 
the SIP, allows EPA to evaluate a modeling demonstration that these 
limits provide for attainment as part of the rulemaking on the 2010 1-
hour SO2 NAAQS designation for the Beaverdam Township Area 
in Haywood County, North Carolina. Final approval of this SIP under CAA 
section 110, does not prejudge the outcome of EPA's forthcoming 
designation of the Beaverdam Township Area, as that future 
determination is occurring as part of a separate rulemaking under CAA 
section 107 for all remaining undesignated areas in the country.

V. Statutory and Executive Order Reviews

    Under the CAA, 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). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, if 
they meet the criteria of the CAA. This action merely approves state 
law as meeting Federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. These actions are not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 25, 2021. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur oxides.


[[Page 74888]]


    Dated: November 13, 2020.
Mary Walker,
Regional Administrator, Region 4.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart II--North Carolina

0
2. In Sec.  52.1770 is amended by adding paragraph (d) to read as 
follows:


Sec.  52.1770   Identification of plan.

* * * * *
    (d) EPA-Approved North Carolina Source-Specific Requirements.

                                                EPA-Approved North Carolina Source-Specific Requirements
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                                                                      State       EPA approval       Federal Register
            Name of source                    Permit No.         effective date       date               Citation                   Explanation
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Blue Ridge Paper Products, LLC.......  Title V Operating Permit        6/2/2020      11/24/2020  [Insert citation of       Only the following
                                        No. 08961T29.                                             publication in the        provisions:
                                                                                                  Federal Register].       (1) Condition 2.2 J.1.b.
                                                                                                                           (2) The lb/hr SO2 emission
                                                                                                                            limitations in Table 2.2 J.1
                                                                                                                            for the No. 10 and No. 11
                                                                                                                            Recovery Furnaces (G08020
                                                                                                                            and G08021), No. 4 and No. 5
                                                                                                                            Lime Kilns (G09028 and
                                                                                                                            G09029) and Riley Bark,
                                                                                                                            Riley Coal, and No. 4 Power
                                                                                                                            Boilers (G11042, G11039 and
                                                                                                                            G11040).
                                                                                                                           (3) No. 10 and No. 11
                                                                                                                            Recovery Furnaces (G08020
                                                                                                                            and G08021)--Condition 2.2
                                                                                                                            J.1.c.i.
                                                                                                                           (4) No. 4 and No. 5 Lime
                                                                                                                            Kilns (G09028 and G09029)--
                                                                                                                            Condition 2.2 J.1.c.iii;
                                                                                                                            Condition 2.2 D.1.f.ii:
                                                                                                                            Table 2.2 D-2; Conditions
                                                                                                                            2.2 D.1.h, 2.2 D.1.i.ii; 2.2
                                                                                                                            D.1.j.ii, 2.2 D.1.l.ii, 2.2
                                                                                                                            D.1.l.iii, 2.2 D.1.1.iv, 2.2
                                                                                                                            D.1.l.v, 2.2 D.1.l.vii, 2.2
                                                                                                                            D.1.l.viii, 2.2 D.1.m, 2.2
                                                                                                                            D.1.n, 2.2 D.1.o, and 2.2
                                                                                                                            D.1.p.iii.
                                                                                                                           (5) Riley Bark, Riley Coal,
                                                                                                                            and No. 4 Power Boilers
                                                                                                                            (G11042, G11039 and G11040)--
                                                                                                                            Condition 2.2 J.1.c.vii and
                                                                                                                            Table 2.2 J.2.
                                                                                                                           (6) Testing--Condition 2.2
                                                                                                                            J.1.d, Table 2.2 J.3, and
                                                                                                                            Condition 2.2 J.1.e.
                                                                                                                           (7) Recordkeeping--Conditions
                                                                                                                            2.2 J.1.g.i, 2.2 J.1.g.ii,
                                                                                                                            and 2.2 J.1.g.iii;
                                                                                                                           (8) Reporting--Conditions 2.2
                                                                                                                            J.1.h and 2.2 J.1.i.
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[FR Doc. 2020-25464 Filed 11-23-20; 8:45 am]
BILLING CODE 6560-50-P