Air Plan Approval; FL: Nassau Area; SO2, 57535-57544 [2016-20119]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 81, Number 163 (Tuesday, August 23, 2016)]
[Proposed Rules]
[Pages 57535-57544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20119]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0623; FRL-9951-32-Region 4]


Air Plan Approval; FL: Nassau Area; SO2 Attainment Demonstration

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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[[Page 57536]]

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision, submitted by the 
State of Florida through the Florida Department of Environmental 
Protection (FL DEP), to EPA on April 3, 2015, for the purpose of 
providing for attainment of the 2010 Sulfur Dioxide (SO2) 
National Ambient Air Quality Standards (NAAQS) in the Nassau County 
SO2 nonattainment area (hereafter referred to as the 
``Nassau Area'' or ``Area''). The Nassau Area is comprised of a portion 
of Nassau County in Florida surrounding the Rayonier Performance 
Fibers, LLC sulfite pulp mill (hereafter referred to as ``Rayonier''). 
The attainment plan includes the base year emissions inventory, an 
analysis of the reasonably available control technology (RACT) and 
reasonably available control measures (RACM), a reasonable further 
progress (RFP) plan, a modeling demonstration of SO2 
attainment, and contingency measures for the Nassau Area. As a part of 
approving the attainment demonstration, EPA is also proposing to 
approve into the Florida SIP the SO2 emissions limits and 
associated compliance parameters. This action is being taken in 
accordance with Clean Air Act (CAA or Act) and EPA's guidance related 
to SO2 attainment planning.

DATES: Comments must be received on or before September 22, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0623 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: D. Brad Akers, 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. Mr. Akers can be reached via electronic mail at 
akers.brad@epa.gov or via telephone at (404)562-9089.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. What action is EPA proposing to take?
II. What is the background for EPA's proposed action?
III. What is included in Florida's attainment plan for the Nassau 
Area?
IV. What is EPA's analysis of Florida's attainment plan for the 
Nassau Area?
    A. Pollutants Addressed
    B. Emissions Inventory Requirements
    C. Air Quality Modeling
    D. RACM/RACT
    E. RFP Plan
    F. Contingency Measures
    G. Attainment Date
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. What action is EPA proposing to take?

    EPA is proposing to approve Florida's SIP revision for the Nassau 
Area, as submitted through FL DEP to EPA on April 3, 2015, for the 
purpose of demonstrating attainment of the 2010 1-hour SO2 
NAAQS. Specifically, EPA is proposing to approve the base year 
emissions inventory, a modeling demonstration of SO2 
attainment, an analysis of RACM/RACT, a RFP plan, and contingency 
measures for the Nassau Area. Additionally, EPA is proposing to approve 
specific SO2 emission limits and compliance parameters 
established for the two SO2 sources impacting the Nassau 
Area into the Florida SIP.
    EPA has preliminarily determined that Florida's SO2 
attainment plan for the 2010 1-hour SO2 NAAQS for Nassau 
County meets the applicable requirements of the CAA and EPA's 
SO2 Nonattainment Guidance.\1\ Moreover, the Nassau Area is 
currently showing a design value below the 2010 SO2 NAAQS, 
having implemented most of the control measures included in the SIP 
submittal. Thus, EPA is proposing to approve Florida's attainment plan 
for the Nassau Area as submitted on April 3, 2015. EPA's analysis for 
this proposed action is discussed in Section IV of this proposed 
rulemaking.
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    \1\ EPA's April 23, 2014 memorandum entitled ``Guidance for the 
1-Hour SO2 Nonattainment Area SIP Submissions,'' 
hereafter referred to as the ``SO2 Nonattainment 
Guidance.''
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II. What is the background for EPA's proposed action?

    On June 2, 2010, the EPA Administrator signed a final rule 
establishing a new SO2 NAAQS as a 1-hour standard of 75 
parts per billion (ppb), based on a 3-year average of the annual 99th 
percentile of 1-hour daily maximum concentrations. See 75 FR 35520 
(June 22, 2010). This action also revoked the existing 1971 annual 
standard and 24-hour standards, subject to certain conditions.\2\ EPA 
established the NAAQS based on significant evidence and numerous health 
studies demonstrating that serious health effects are associated with 
short-term exposures to SO2 emissions ranging from 5 minutes 
to 24 hours with an array of adverse respiratory effects including 
narrowing of the airways which can cause difficulty breathing 
(bronchoconstriction) and increased asthma symptoms. For more 
information regarding the health impacts of SO2, please 
refer to the June 22, 2010 final rulemaking. See 75 FR 35520. Following 
promulgation of a new or revised NAAQS, EPA is required by the CAA to 
designate areas throughout the United States as attaining or not 
attaining the NAAQS; this designation process is described in section 
107(d)(1) of the CAA. On August 5, 2013, EPA promulgated initial air 
quality designations of 29 areas for the 2010 SO2 NAAQS (78 
FR 47191), which became effective on October 4, 2013, based on 
violating air quality monitoring data for calendar years 2009-2011, 
where there was sufficient data to support a nonattainment 
designation.\3\
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    \2\ EPA's June 22, 2010 final action revoked the two 1971 
primary 24-hour standard of 140 ppb and the annual standard of 30 
ppb because they were determined not to add additional public health 
protection given a 1-hour standard at 75 ppb. See 75 FR 35520. 
However, the secondary 3-hour SO2 standard was retained. 
Currently, the 24-hour and annual standards are only revoked for 
those areas the EPA has already designated for the 2010 1-hour 
SO2 NAAQS in August 2013 and June 30, 2016, including the 
Nassau Area. See 40 CFR 50.4(e).
    \3\ EPA is continuing its designation efforts for the 2010 
SO2 NAAQS. Pursuant to a court-ordered consent decree 
finalized March 2, 2015, in the U.S. District Court for the Northern 
District of California, EPA must complete the remaining designations 
for the rest of the country on a schedule that contains three 
specific deadlines. By July 2, 2016, EPA must designate areas 
specified in the March 2, 2015 consent decree based on specific 
emission criteria. Sierra Club, et al. v. Environmental Protection 
Agency, 13-cv-03953-SI (2015). The last two deadlines for completing 
designations, December 2017 and December 2020 are expected to be 
informed by information required pursuant the ``Data Requirements 
Rule for the 2010 1-Hour Sulfur Dioxide (SO2) Primary 
National Ambient Air Quality Standard (NAAQS); Final Rule,'' or 
``Data Requirements Rule.'' See 80 FR 51052 (August 21, 2015). 
https://www.epa.gov/airquality/sulfurdioxide/designations/pdfs/201503Schedule.pdf. On June 30, 2016, EPA designated a total of 61 
areas for the 2010- 1-hour SO2 standard as part of the 
2nd round of designations pursuant to the March 2, 2015 consent 
decree. See 81 FR 45039.

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[[Page 57537]]

    Effective on October 4, 2013, the Nassau Area was designated as 
nonattainment for the 2010 SO2 NAAQS for an area that 
encompasses the primary SO2 emitting source Rayonier sulfite 
pulp mill and the nearby SO2 monitor (Air Quality Site ID: 
12-089-0005). The October 4, 2013, final designation triggered a 
requirement for Florida to submit a SIP revision with a plan for how 
the Area would attain the 2010 SO2 NAAQS as expeditiously as 
practicable, but no later than October 4, 2018, in accordance with CAA 
section 172(b).
    The required components of a nonattainment plan submittal are 
listed in section 172(c) of part D of the CAA. The base year emissions 
inventory (section 172(c)(3)) is required to show a ``comprehensive, 
accurate, current inventory'' of all relevant pollutants in the 
nonattainment area. The nonattainment plan must identify and quantify 
any expected emissions from the construction of new sources to account 
for emissions in the area that might affect RFP toward attainment, or 
with attainment and maintenance of the NAAQS, and provide for a 
nonattainment new source review (NNSR) program (section 172(c)(5)). The 
attainment demonstration must include a modeling analysis showing that 
the enforceable emissions limitations and other control measures taken 
by the state will provide for expeditious attainment of the NAAQS 
(section 172(c)). The nonattainment plan must include an analysis of 
the RACM considered, including RACT (section 172(c)(1)). RFP for the 
nonattainment area must be addressed in the submittal. Finally, the 
nonattainment plan must provide for contingency measures (section 
172(c)(9)) to be implemented in the case that RFP toward attainment is 
not made, or the area fails to attain the NAAQS by the attainment date.

III. What is included in Florida's attainment plan for the Nassau Area?

    In accordance with section 172(c) of the CAA, the Florida 
attainment plan for the Nassau Area includes: (1) An emissions 
inventory for SO2 for the plan's base year (2011); and (2) 
an attainment demonstration. The attainment demonstration includes: 
Technical analyses that locate, identify, and quantify sources of 
emissions contributing to violations of the 2010 SO2 NAAQS; 
a declaration that FL DEP is unaware of any future growth in the area 
that would be subject to CAA 173,\4\ and the assertion that the NNSR 
program approved in the SIP at Section 62-252.500, Florida 
Administrative Code (F.A.C.) would account for any such growth; a 
modeling analysis of an emissions control strategy for the Rayonier 
sulfite pulp mill \5\ and a nearby source, the WestRock CP, LLC kraft 
pulp mill (formerly RockTenn kraft pulp mill) \6\ (hereafter referred 
to as ``WestRock''), that attains the SO2 NAAQS by the 
October 4, 2018 attainment date; a determination that the control 
strategy for the primary SO2 source within the NAA 
constitutes RACM/RACT; adherence to a construction schedule to ensure 
emissions reductions are achieved as expeditiously as practicable; a 
request from FL DEP that emissions reduction measures including system 
upgrades and/or emissions limitations with schedules for implementation 
and compliance parameters be incorporated into the SIP; and contingency 
measures.\7\
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    \4\ The CAA new source review (NSR) program is composed of three 
separate programs: Prevention of significant deterioration (PSD), 
NNSR, and Minor NSR. PSD is established in part C of title I of the 
CAA and applies in areas that meet the NAAQS--``attainment areas''--
as well as areas where there is insufficient information to 
determine if the area meets the NAAQS--``unclassifiable areas.'' The 
NNSR program is established in part D of title I of the CAA and 
applies in areas that are not in attainment of the NAAQS--
``nonattainment areas.'' The Minor NSR program addresses 
construction or modification activities that do not qualify as 
``major'' and applies regardless of the designation of the area in 
which a source is located. Together, these programs are referred to 
as the NSR programs. Section 173 of the CAA lays out the NNSR 
program for preconstruction review of new major sources or major 
modifications to existing sources, as required by CAA section 
172(c)(5). The programmatic elements for NNSR include, among other 
things, compliance with the lowest achievable emissions rate and the 
requirement to obtain emissions offsets.
    \5\ Rayonier processes high purity wood pulp used in 
manufacturing photographic films, filters, rayon fabric and other 
industrial and consumer products.
    \6\ The new company name of WestRock reflects the recent merger 
between companies MeadWestCo and RockTenn. FL DEP issued an 
administrative revision to the operating permit, revision number 
0890003-048-AV, on August 19, 2015 to reflect this administrative 
change in company name. The April 3, 2015, final SIP submittal was 
prior to this merger, and therefore refers to WestRock as RockTenn. 
WestRock produces various containerboard products.
    \7\ General Conformity pursuant to CAA section 176(c) requires 
that actions by federal agencies do not cause new air quality issues 
or delay or interfere with attainment of a NAAQS. With respect to 
the Nassau nonattainment area federal agencies must work with the 
state to ensure that federal actions conform to the air quality 
plans established in the applicable SIP that ensures attainment of 
the SO2 NAAQS.
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IV. What is EPA's analysis of Florida's attainment plan for the Nassau 
Area?

    Consistent with CAA requirements (see, e.g., section 172), an 
attainment demonstration for a SO2 nonattainment area must 
include a showing that the area will attain the 2010 SO2 
NAAQS as expeditiously as practicable. The demonstration must also meet 
the requirements of 40 Code of Federal Regulations (CFR) 51.112 and 
Part 51, Appendix W, and include inventory data, modeling results, and 
emissions reduction analyses on which the state has based its projected 
attainment. In the case of the Nassau Area, 2013-2015 quality-assured 
and certified air quality data indicated a design value below the 2010 
1-hour SO2 NAAQS. EPA is proposing that the attainment plan 
submitted by Florida is sufficient, and EPA is proposing to approve the 
plan to assure ongoing attainment.

A. Pollutants Addressed

    Florida's SO2 attainment plan evaluates SO2 
emissions for the portion of Nassau County that is designated 
nonattainment for the 2010 SO2 NAAQS. There are no 
significant precursors to consider for the SO2 attainment 
plan. SO2 is a pollutant that arises from direct emissions, 
and therefore concentrations are highest relatively close to the 
source(s) and much lower at greater distances due to dispersion. See 
SO2 Nonattainment Guidance. Thus, SO2 
concentration patterns resemble those of other directly emitted 
pollutants like lead and differ from those of photochemically-formed 
(secondary) pollutants such as ozone. The two sources included in FL 
DEP's SIP to address the Nassau Area and their operations are briefly 
described later in this preamble. As the Nassau Area includes one such 
major point source of SO2 and one source just outside the 
Area, it is expected that an attainment demonstration addressing 
SO2 emissions at these two sources will effectively ensure 
that the Area will attain by the attainment date of October 4, 2018.

B. Emissions Inventory Requirements

    States are required under section 172(c)(3) of the CAA to develop 
comprehensive, accurate and current emissions inventories of all 
sources of the relevant pollutant or pollutants in the area. These 
inventories provide a detailed accounting of all emissions and emission 
sources by precursor or pollutant. In addition, inventories are used in 
air quality modeling to demonstrate that attainment of the NAAQS is as 
expeditious as practicable.

[[Page 57538]]

The April 23, 2014, SO2 Nonattainment Guidance provides that 
the emissions inventory should be consistent with the Air Emissions 
Reporting Requirements (AERR) at Subpart A to 40 CFR part 51.\8\
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    \8\ The AERR at Subpart A to 40 CFR part 51 cover overarching 
federal reporting requirements for the states to submit emissions 
inventories for criteria pollutants to EPA's Emissions Inventory 
System. The EPA uses these submittals, along with other data 
sources, to build the National Emissions Inventory.
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    For the base year inventory of actual emissions, a ``comprehensive, 
accurate and current,'' inventory can be represented by a year that 
contributed to the three-year design value used for the original 
nonattainment designation. The final SO2 Nonattainment 
Guidance notes that the base year inventory should include all sources 
of SO2 in the nonattainment area as well as any sources 
located outside the nonattainment area which may affect attainment in 
the area. Florida elected to use 2011 as the base year. Actual 
emissions from all sources of SO2 in the Nassau Area were 
reviewed and compiled for the base year emissions inventory. Emissions 
from all stationary sources of SO2 located in the Nassau 
Area were estimated and included in the inventory, and a source outside 
the Area that FL DEP determined caused or contributed to elevated 
SO2 concentrations within the nonattainment area was also 
included.
    The primary SO2-emitting point source located within the 
Nassau Area is the Rayonier sulfite pulp mill, which produces films, 
fibers and fabrics among other consumer products. Rayonier consists of 
three main SO2 emitters:
     Emissions Unit (EU) 005 (Rayonier EU 005) is the vent gas 
scrubbing system, which handles emissions from numerous vents from the 
cooking acid plant, the red stock washers, the unwashed stock tank, the 
spent sulfite liquor storage tanks, the spent sulfite liquor washer 
area, the digesters, and the blow pits;
     Rayonier EU 006 is the sulfite recovery boiler, which 
fires spent liquor to produce combustion gases that contain recoverable 
SO2 and heat for steam generation;
     Rayonier EU 022 is the power boiler, which fires biomass 
and No. 6 fuel oil to produce heat for steam generation; and
     Rayonier EU 005 is itself a control technology, utilizing 
a wet alkaline absorbing section for SO2 removal, while 
Rayonier EU 006 and EU 022 each have wet alkaline scrubbers in place.

The emissions at all units for the Rayonier facility were recorded 
using data collected from continuous emissions monitoring systems 
(CEMS) and are quality-assured by FL DEP.

    The largest SO2 source within 25 kilometers (km) outside 
the Nassau Area is WestRock. The WestRock facilities consist of five 
main SO2 emitters:
     Emissions Unit 006 (WestRock EU 006) is the No. 5 power 
boiler, which fires biomass and No. 6 fuel oil to produce heat for 
steam generation;
     WestRock EUs 007 and 011 are recovery boilers, which fire 
black liquor solids to produce heat for steam generation and recover 
process chemicals;
     WestRock EU 015 is the No. 7 power boiler, which fires 
coal, oil and/or natural gas to produce heat for steam generation; and
     WestRock EU 021 is a lime kiln, which burns low volume, 
high density non-condensable gases (NCGs) from several units across the 
plant in addition to its primary purpose of converting calcium 
carbonate to lime.

WestRock EU 006 currently serves as a backup control device for NCGs 
that pass through WestRock EU 021.

    Emissions from the WestRock facility were collected via CEMS or 
calculated. Specifically, WestRock EUs 007, 011, and 015 did not 
previously have CEMS installed. In this instance, the emission rates of 
SO2 were calculated, as shown in Appendix B of the April 3, 
2015, submittal. For WestRock EU 015, the hourly feed rates of coal, 
fuel oil and/or natural gas burned are included along with the 
particular emission factors used to calculate the SO2 
emissions rates. For WestRock EUs 007 and 011, the hourly rates of the 
black liquor solids and/or oil burned are included along with the 
particular emission factors used to calculate the SO2 
emissions rates.
    Pursuant to Florida's SIP-approved regulations at Chapter 62-
210.370, F.A.C., paragraph (3), FL DEP collects annual operating 
reports (AORs), incorporated by reference into the SIP at 62-
210.900(5), from all major sources. These AORs were used to develop the 
base year inventory for actual emissions for the point sources and 
satisfy the AERR. FL DEP utilized EPA's 2011 National Emissions 
Inventory (NEI), Version 2 to obtain estimates of the area and nonroad 
sources. For onroad mobile source emissions, FL DEP utilized EPA's 
Motor Vehicle Emissions Simulator (MOVES2014). A more detailed 
discussion of the emissions inventory development for the Nassau Area 
can be found in Florida's April 3, 2015, submittal.
    Table 1 shows the level of emissions, expressed in tpy, in the 
Nassau Area for the 2011 base year by emissions source category. The 
point source category includes WestRock, outside the Nassau Area, but 
determined by FL DEP to contribute to nonattainment.

                         Table 1--2011 Base Year Emissions Inventory for the Nassau Area
                                                      [tpy]
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              Year                     Point          Onroad          Nonroad          Area            Total
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2011............................        4,278.64            0.08            0.09            0.39        4,279.20
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    EPA has evaluated Florida's 2011 base year emissions inventory for 
the Nassau Area and has made the preliminary determination that this 
inventory was developed consistent with EPA's guidance. Therefore, 
pursuant to section 172(c)(3), EPA is proposing to approve Florida's 
2011 base year emissions inventory for the Nassau Area.
    The attainment demonstration also provides for a projected 
attainment year inventory that includes estimated emissions for all 
emission sources of SO2 which are determined to impact the 
nonattainment area for the year in which the area is expected to attain 
the standard. This inventory must address any future growth in the 
Area. Growth means any potential increases in emissions of the 
pollutant for which the Nassau Area is nonattainment (SO2) 
due to the construction and operation of new major sources, major 
modifications to existing sources, or increased minor source activity. 
FL DEP included a statement in its April 3, 2015, submittal declaring 
that FL DEP is unaware of any plans for the growth of major sources in 
the Nassau Area, and that normal minor

[[Page 57539]]

source growth should not significantly impact the Area. FL DEP further 
asserts that the NNSR program at Section 62-252.500, F.A.C., approved 
into the SIP and last updated on June 27, 2008 (see 73 FR 36435), would 
address any proposed new major sources or planned major modifications 
for SO2 sources.\9\ The NNSR program includes lowest 
achievable emissions rate, offsets, and public hearing requirements.
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    \9\ FL DEP acknowledges a minor source permit to construct a 
natural gas-fired combustion turbine cogeneration system within the 
Nassau nonattainment area located on the Rayonier property. The 
turbine would produce process steam for the co-located Rayonier 
plant which would generate up to 21 megawatts provided to the 
electrical grid. Because the turbine is natural-gas fired, maximum 
annual SO2 emissions would be less than 7 tons per year 
(tpy) and not subject to NNSR. FL DEP determined that these small 
SO2 emissions resulting from the new facility would not 
interfere with the attainment plan for the Nassau Area.
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    FL DEP provided a 2018 projected emissions inventory for all known 
sources included in the 2011 base year inventory, discussed previously, 
that were determined to impact the Nassau County NAA. The projected 
2018 emissions in Table 2 are estimated actual emissions, representing 
a 21 percent reduction from the base year SO2 emissions. The 
point source emissions were estimated by multiplying the 2018 allowable 
emissions by the ratio of 2011 actual emissions to allowable emissions. 
Per the SO2 Nonattainment Guidance, the allowable emission 
limits that FL DEP is requesting EPA approve into the SIP as a control 
measure were modeled to show attainment. These allowable emission 
limits are higher than the projected actual emissions included in the 
future year inventory, and therefore offer greater level of certainty 
that the NAAQS will be protected under all operating scenarios. 
Emissions estimates for onroad sources were re-estimated with 
MOVES2014. The nonroad and area source emissions were scaled based on 
estimated population growth in the Nassau Area portion of Nassau 
County.

                       Table 2--Projected 2018 SO2 Emissions Inventory for the Nassau Area
                                                      [tpy]
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              Year                     Point          Onroad          Nonroad          Area            Total
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2011............................        4,278.64            0.08            0.09            0.39        4,279.20
2018............................        3,376.26            0.03            0.10            0.41        3,376.80
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C. Air Quality Modeling

    The SO2 attainment demonstration provides an air quality 
dispersion modeling analysis to demonstrate that control strategies 
chosen to reduce SO2 source emissions will bring the area 
into attainment by the statutory attainment date of October 4, 2018. 
The modeling analysis, outlined in Appendix W to 40 CFR part 51 (EPA's 
Modeling Guidance),\10\ is used for the attainment demonstration to 
assess the control strategy for a nonattainment area and establish 
emission limits that will provide for attainment. The analysis requires 
five years of meteorological data to simulate the dispersion of 
pollutant plumes from multiple point, area, or volume sources across 
the averaging times of interest. The modeling demonstration typically 
also relies on maximum allowable emissions from sources in the 
nonattainment area. Though the actual emissions are likely to be below 
the allowable emissions, sources have the ability to run at higher 
production rates or optimize controls such that emissions approach the 
allowable emissions limits. A modeling analysis that provides for 
attainment under all scenarios of operation for each source must 
therefore consider the worst case scenario of both the meteorology 
(e.g., predominant wind directions, stagnation, etc.) and the maximum 
allowable emissions.
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    \10\ 40 CFR part 51 Appendix W (EPA's Guideline on Air Quality 
Models) (November 2005) located at https://www3.epa.gov/ttn/scram/guidance/guide/appw_05.pdf. EPA has proposed changes to Appendix W. 
See 80 FR 45340 (July 29, 2015).
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    FL DEP's modeling analysis was developed in accordance with EPA's 
Modeling Guidance and the SO2 Nonattainment 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) 
model and two data input preprocessors AERMET (version 14134) and 
AERMAP (version 11103). AERMINUTE meteorological preprocessor and 
AERSURFACE surface characteristics preprocessor were also used to 
develop inputs to AERMET. The Building Profile Input Program for Plume 
Rise Model Enhancements (BPIP-PRIME) was also used in the downwash-
modeling. More detailed information on the AERMOD Modeling system, and 
other modeling tools and documents can be found on the EPA Technology 
Transfer Network Support Center for Regulatory Atmospheric Modeling 
(SCRAM) (https://www3.epa.gov/ttn/scram/) and in Florida's April 3, 
2015, SIP submittal in the docket for this proposed action (EPA-R04-
OAR-2015-0623) on www.regulations.gov. A brief description of the 
modeling used to support Florida's attainment demonstration is provided 
later on.
1. Modeling Approach
    The following is an overview of the air quality modeling approach 
used to demonstrate compliance with the 2010 SO2 NAAQS, as 
submitted in Florida's April 3, 2015, submittal. The basic procedures 
are outlined later in this preamble.
    i. FL DEP developed model inputs using the AERMOD modeling system 
and processors.
    The pre-processors AERMET 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 FL DEP'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 Nassau Area. The AERMOD pre-processor AERMAP 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. FL DEP used AERSURFACE to generate direction-
specific land-use surface characteristics for the modeling. The BPIP-
PRIME preprocessor was used to generate direction-specific building 
downwash parameters. FL DEP developed a Cartesian receptor grid across 
the nonattainment boundary (approximately 2.4 km around the violating 
monitor), with 100 meter spacing in ambient air

[[Page 57540]]

to ensure maximum concentrations are captured in the analysis. All 
other input options were also developed commensurate with the Modeling 
Guidance.
    Next, FL DEP selected a background SO2 concentration 
based on local SO2 monitoring data from monitoring station 
No. 12-089-0005 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 data was 
obtained from the Florida Air Monitoring and Assessment System. This 
monitor is approximately 0.9 km to the southeast of Rayonier and 2.5 km 
south of WestRock. 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, the data was filtered to 
remove measurements where the wind direction could transport pollutants 
from Rayonier and WestRock to the station. More specifically, the data 
was filtered to remove measurements where hourly wind direction was 
between 263[deg] to 61[deg].
    ii. FL DEP performed current and post-control dispersion modeling 
using the EPA-approved AERMOD modeling system.
    iii. Finally, FL DEP derived the 99th percentile maximum 1-hour 
daily SO2 design value across the five year meteorological 
data period.
    EPA's SO2 nonattainment implementation guidance provides 
a procedure for establishing longer-term averaging times for 
SO2 emission limits (up to a 30-day rolling averaging 
time).\11\ In conjunction with states' CAA obligation to submit SIPs 
that demonstrate attainment, EPA believes that air agencies that 
consider longer term average times for a SIP emission limit should 
provide additional justification for the application of such limits. 
This justification involves determining the ``critical emission value'' 
\12\ or the 1-hour emission limit that modeling found to provide for 
attainment and adjusting this rate downward to obtain a comparable 
stringency to the modeled 1-hour average emission limit. A comparison 
of the 1-hour limit and the proposed longer term limit, in particular 
an assessment of whether the longer term average limit may be 
considered to be of comparable stringency to a 1-hour limit at the 
critical emission value, is critical for demonstrating that any longer 
term average limits in the SIP will help provide adequate assurance 
that the plan will provide for attainment and maintenance of the 1-hour 
NAAQS. This allows states to develop control strategies that account 
for variability in 1-hour emissions rates through emission limits with 
averaging times that are longer than 1 hour, using averaging times as 
long as 30-days, and still demonstrate attainment of the 2010 
SO2 NAAQS.
---------------------------------------------------------------------------

    \11\ FL DEP is following the SO2 Nonattainment 
Guidance on procedures for establishing emissions limits with 
averaging periods longer than 1 hour.
    \12\ The hourly emission rate that the model predicts would 
result in the 5-year average of the annual 99th percentile of daily 
maximum hourly SO2 concentrations at the level of the 
NAAQS.
---------------------------------------------------------------------------

    EPA's recommended procedure for determining longer term averaging 
times, including calculating the adjustment factor between the 1-hour 
critical emission value and the equivalent 30-day rolling average 
emissions limit, is provided in Appendices B and C of the 
SO2 Nonattainment Guidance. EPA is proposing to conclude 
that FL DEP completed this analysis for both Rayonier and WestRock 
facilities to derive SIP emission limits with 3-hour longer-term 
averaging time that are comparatively stringent to the 1-hour limit. 
For more details, see Florida's April 3, 2015, SIP submittal.

2. Modeling Results

    The SO2 NAAQS compliance results of the attainment 
modeling are summarized in Table 3 later on in this preamble. Table 3 
presents the results from four sets of AERMOD modeling runs that were 
performed. The four modeling runs were the result of using an 
uncontrolled, or pre-modification, run and three different controlled, 
or post-modification, scenarios. Maximum allowable permitted emissions 
limits were used for the Nassau Area modeling demonstration. These 
emissions limits and other control measures were established in 
construction permits issued by FL DEP. The conditions have been 
incorporated in the latest title V permit renewal for Rayonier, and 
will be incorporated for WestRock upon future title V renewal. FL DEP 
is requesting that these emissions limits and operating conditions, 
detailed in Section IV.D. of this proposed rulemaking, be adopted into 
the SIP to become federally enforceable upon approval of the 
nonattainment plan, prior to the renewal of the title V operating 
permit for the WestRock facility. The three post-control runs help to 
identify the worst possible scenario of emissions distributions between 
the two units EUs 007 and 011 (recovery boilers) at the WestRock 
facility. Under one modeling scenario, an emissions cap of 300 pounds 
per hour (lb/hr) SO2 for WestRock EUs 007 and 011 is 
allotted equally between the recovery boilers. For the two remaining 
scenarios, the entire 300 lb/hr cap is allotted totally for EU 007 or 
EU 011, assuming that only one recovery boiler is operating.
    The modeling utilized five years (2008-2012) of meteorological data 
from the NWS site in Jacksonville, Florida, as processed through 
AERMET, AERMINTE and AERSURFACE. This procedure was used since this 
site represented the nearest site with complete data.
    Table 3 shows that the maximum 1-hour average across all five years 
of meteorological data (2008-2012) is less than or equal to the 2010 
SO2 NAAQS of 75 ppb for all three sets of AERMOD modeling 
runs. For more details, see Florida's April 3, 2015 SIP submittal.

                              Table 3--Maximum Modeled SO2 Impacts in the Nassau Area, Micrograms per Cubic Meter (ppb)\13\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Maximum predicted impact
             Model scenario                       Averaging time         --------------------------------   Background         Total         SO2 NAAQS
                                                                             Rayonier        WestRock
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pre-modification........................  1-hour........................        \14\ 0.0  2957.80 (1128)      4.19 (1.6)  2961.99 (1130)     196. 4 (75)
Equal Cap Distribution..................  1-hour........................   114.45 (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)
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 57541]]

    The pre-control analysis resulted in a predicted impact of 1130 
ppb. The post-control analysis resulted in a worst-case predicted 
impact of 74.0 ppb. EPA is preliminarily determining that this data 
indicates sufficient reductions in air quality impact with the future 
implementation of the post-construction control plan for the Rayonier 
and WestRock facilities. Furthermore, EPA is preliminarily concluding 
that this data also supports FL DEP's analysis that the controls for 
Rayonier represent RACM and RACT for the SIP. The control strategy for 
Rayonier, as reflected in its Air Permit No. 0890004-036-AC, includes 
increasing a stack height for Rayonier EU 005, a vent scrubber, from 
110 feet (ft) to at least 165 ft, and plans to extend another stack at 
a power boiler (Rayonier EU 022) if needed; \15\ and lowering the 
allowable SO2 emissions for the power boiler (Rayonier EU 
006), recovery boiler (Rayonier EU 022), and vent gas scrubber system 
(Rayonier EU 005). The result of increasing a stack height is that the 
plume has a better opportunity for greater dispersion across an area, 
minimizing stagnation and local impacts from higher concentrations, 
primarily due to the avoidance of building downwash effects.\16\ 
Rayonier's allowable SO2 emissions (total from all three 
controlled units) will be reduced from 836.5 lb/hr to 502.3 lb/hr 
representing a 40 percent emission decrease. The state issued a revised 
title V permit (No. 0890004-042-AV) to incorporate the Rayonier Permit 
and authorize Rayonier to operate in accordance with those conditions.
---------------------------------------------------------------------------

    \13\ The April 3, 2015, final submittal contained typographical 
errors in its summary modeling table. On April 8, 2016, FL DEP 
provided EPA Region 4 with corrected numbers. FL DEP 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 this proposed action.
    \14\ 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.
    \15\ The final stack height for the vent gas scrubber system 
(Rayonier EU 005) is 180 ft. The construction permit contained 
options for the power boiler (Rayonier EU 022) to meet a moderately 
lower emission limit paired with an increased stack height, or an 
even lower emission limit on the unit and maintaining the existing 
stack height. The stack height for EU 022 was not increased, as 
Rayonier selected the lower emission limit option.
    \16\ See EPA's June 1985 guidance document, ``Guideline for 
Determination of Good Engineering Practice Stack Height (Technical 
Support Document For the Stack Height Regulations),'' which can be 
found at: https://www3.epa.gov/scram001/guidance/guide/gep.pdf.
---------------------------------------------------------------------------

    The control strategy for WestRock, as reflected in its Air Permit 
No. 0890003-046-AC, includes the following operational changes to the 
four largest SO2-emitting units: Improved combustion at 
WestRock EUs 007 and 011, the two recovery boilers, and emissions 
limits on WestRock EUs 006, 015, 007 and 011, the two power boilers and 
two recovery boilers. Florida will incorporate the new physical and 
operational changes for WestRock into its title V permit upon renewal. 
The title V permit is scheduled to be renewed by March 17, 2017. 
WestRock's allowable SO2 emissions from WestRock EU 006, the 
power boiler No. 5, will be reduced from 550 lb/hr to 15 lb/hr 
representing a 97 percent emission decrease. The modeling results 
included in Table 3 prove that WestRock should be included in the 
considerations 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 Area; and (2) with the worst possible 
post-control modeling scenario, 35 percent of the total predicted 
impact on the Nassau Area would stem from WestRock. Therefore, if no 
controls were implemented at WestRock, the Area would not likely attain 
and maintain the 2010 SO2 NAAQS. All emissions limits and 
related compliance parameters have been proposed for incorporation into 
the SIP to make these changes federally enforceable. More details on 
the pre- and post-construction operations at the facilities are 
included in the Florida SIP submission. FL DEP asserts that the 
proposed control strategy significantly lowers the modeled 
SO2 impacts from the WestRock facility and is sufficient for 
the Nassau Area to attain 2010 SO2 NAAQS.
    EPA has reviewed the modeling that Florida submitted to support the 
attainment demonstration for the Nassau Area and has preliminarily 
determined that this modeling is consistent with CAA requirements, 
Appendix W and EPA's guidance for SO2 attainment 
demonstration modeling.

D. RACM/RACT

    CAA section 172(c)(1) requires that each attainment plan provides 
for the implementation of all reasonably available control measures as 
expeditiously as practicable and attainment of the NAAQS. EPA 
interprets RACM, including RACT, under section 172, as measures that a 
state determines to be both reasonably available and contribute to 
attainment as expeditiously as practicable ``for existing sources in 
the area.''
    Florida's analysis is found in Section 3 of the FL DEP attainment 
demonstration within the April 3, 2015, SIP submittal. The State 
determined that controls for SO2 emissions at Rayonier are 
appropriate in the Nassau Area for purposes of attaining the 2010 
SO2 NAAQS. Florida only completed a RACM/RACT analysis for 
Rayonier since it is the only such point source within the boundaries 
of the nonattainment area. FL DEP included WestRock in its attainment 
and impact modeling because of the source's proximity to the Nassau 
Area (within 5 km) and its likelihood of contributing to violations of 
the SO2 NAAQS within the area. In a modeling-based 
attainment demonstration, the means of considering impacts of sources 
outside the nonattainment area would depend on whether the sources 
cause significant concentration gradients. Florida proposed a control 
strategy for the WestRock facility, but does not assert that those 
controls constitute ``the lowest emission limitation that a particular 
source is capable of meeting by the application of control technology 
that is reasonably available considering technological and economic 
feasibility'' \17\ because section 172(c)(1) provides for the 
implementation of RACT for existing sources in the area. However, an 
analysis of attainment needs to consider all potential sources, both 
inside and outside the nonattainment area that could reasonably cause 
or contribute to violations of the NAAQS within the area. FL DEP 
affirms the implementation of controls at WestRock significantly lowers 
the modeled SO2 impact from the facility and is sufficient 
to attain 2010 SO2 NAAQS in the Nassau Area. The control 
measures at both sources are summarized later on in this preamble.
---------------------------------------------------------------------------

    \17\ Strelow, Roger. ``Guidance for Determining the 
Acceptability of SIP Regulations in Non-Attainment Areas.'' Memo to 
Regional Administrators. Office of Air and Waste Management, 
Environmental Protection Agency. Washington, DC December 9, 1976. 
Located at: https://www.epa.gov/ttn/naaqs/aqmguide/collection/cp2/19761209_strelow_ract.pdf.
---------------------------------------------------------------------------

    On April 12, 2012, FL DEP issued construction Air Permit No. 
0890004-036-AC to Rayonier for additional proposed control measures to 
reduce SO2 emissions. The specified limits and conditions 
from this construction permit, adopted into the title V operating 
permit on May 30, 2014, reflecting RACT controls, are included

[[Page 57542]]

in the April 3, 2015, SIP submittal for incorporation into the SIP. In 
accordance with the schedule in the permit, Rayonier was required to 
implement the controls on or before December 31, 2014. FL DEP reported 
in its SIP submittal that as of the second quarter of 2014, Rayonier 
has completed implementation of the RACT controls listed in the permit 
and summarized in Table 4:
---------------------------------------------------------------------------

    \18\ Information pulled from the April 3, 2015 submittal, in 
which the original construction permit is included. None of these 
changes authorize an increased production rate at the facility.
    \19\ See previous discussion on longer-term emission limits. For 
more information, see the April 3, 2015 submittal.
    \20\ Rayonier considered two emissions limits: 180 lb/hr 
SO2 at the current stack height of 190 ft; or 250 lb/hr 
SO2 if the stack height were increased to 210 ft. The 
final limit is 180 lb/hr as the stack height was not increased.

           Table 4--Summary of RACT Controls for Rayonier \18\
------------------------------------------------------------------------
    Description of measure                    Explanation
------------------------------------------------------------------------
Rayonier EU 005: The vent gas  Rayonier was authorized to construct a
 scrubber system at this unit   new stack for the vent gas scrubber
 undergoes construction to      system, increasing the stack height from
 increase the stack height      the existing level of 110 ft to at least
 and an operational change to   165 ft. The as-built stack height is 180
 meet an enforceable emission   ft.
 limit.
                               Rayonier has a new emission limitation,
                                lowering the allowable SO2 from 250
                                parts per million (ppm) to 100 ppm as a
                                3-hour rolling average.\19\ This
                                emission limit was incorporated into the
                                title V operating permit and is proposed
                                for incorporation into the SIP.
Rayonier EU 006: The recovery  Rayonier has a new emission limitation,
 boiler undergoes an            lowering the allowable SO2 from 300
 operational change to meet     parts per million by volume, dry basis
 an enforceable emission        (ppmvd) to 250 ppmvd as a 3-hour rolling
 limit.                         average. This emission limit was
                                incorporated into the title V operating
                                permit and is proposed for incorporation
                                into the SIP.
Rayonier EU 022: The power     Rayonier has a new emission limitation of
 boiler undergoes an            180 lb/hour SO2 as a 3-hour rolling
 operational change to meet     average.\20\ This emission limit was
 an enforceable emission        incorporated into the title V operating
 limit.                         permit and is proposed for incorporation
                                into the SIP.
------------------------------------------------------------------------

    On January 9, 2015, construction Air Permit No. 0890003-046-AC was 
issued to WestRock for additional proposed control measures to reduce 
SO2 emissions. The specified limits and conditions from this 
construction permit are to be adopted into the title V operating permit 
upon renewal, and are intended to supplement the RACT adopted for 
Rayonier in the Nassau Area to help with attainment and maintenance of 
the 2010 SO2 NAAQS. These controls are included in the April 
3, 2015, SIP submittal for incorporation into the SIP. The 
SO2 Nonattainment Guidance discusses an anticipated control 
compliance date of January 1, 2017. Areas that implement attainment 
plan control strategies by this date are expected to be able to show a 
year of quality-assured air monitoring data showing attainment of the 
NAAQS and a year of compliance information, which when modeled, would 
also show attainment of the NAAQS. In accordance with the schedule in 
the construction permit, WestRock is required to implement the controls 
on or before January 1, 2018. This date, though later than the date 
suggested in the SO2 Nonattainment Guidance, provides for 9 
months of compliance information by the October 4, 2018 attainment 
date, including a semiannual compliance report in July 2018. 
Additionally, the Nassau Area is currently showing an attaining design 
value for 2013-2015, which means that attainment of the NAAQS is as 
expeditious as practicable. The supplemental control measures at 
WestRock are summarized in Table 4:

     Table 4--Summary of Supplemental Control Measures for WestRock
------------------------------------------------------------------------
    Description of measure                    Explanation
------------------------------------------------------------------------
WestRock EU 006: \21\ The      As of January 1, 2016, WestRock is
 power boiler undergoes an      required to comply with a 15.0 lb/hr
 operational change to meet     emission limitation as a 3-hour block
 an enforceable emission        average for SO2, except during times
 limit.                         when this unit is operated as a back-up
                                control device for NCGs. By December 1,
                                2017, WestRock will have a lower
                                emission limitation of 15.0 lb/hr SO2
                                during all periods of operation as a 3-
                                hour block average and the unit will no
                                longer operate as a back-up control
                                device for NCGs. This limit will be
                                incorporated into the title V operating
                                permit upon scheduled renewal and is
                                proposed for incorporation into the SIP.
WestRock EU 015: \22\ The      As of January 31, 2016, WestRock is
 power boiler undergoes an      required to comply with an emission
 operational change to meet     limitation of 1225.20 lb/hr SO2 during
 an enforceable emission        all periods of operation as a 3-hour
 limit.                         block average, determined via stack
                                testing. By December 1, 2017, WestRock
                                will show compliance with the 1225.20 lb/
                                hr SO2 emission limitation via newly
                                installed CEMS. This limit will be
                                incorporated into the title V operating
                                permit upon scheduled renewal and is
                                proposed for incorporation into the SIP.
WestRock EUs 007 and 011: The  By January 1, 2018, WestRock will only be
 recovery boilers undergo       allowed to use ultra-low sulfur diesel
 operational changes to limit   during periods of fuel oil usage. By
 fuel oil use and meet          this date, WestRock will have a new
 individual and combined        emission limitation of 150.0 lb/hr SO2
 enforceable emissions limits.  for each independent recovery boiler
                                during all periods of operation as a 3-
                                hour block average. Compliance with the
                                SO2 emissions standard shall be
                                demonstrated by data collected from a
                                certified CEMS \23\. Alternatively,
                                WestRock can comply with a collective
                                emissions limit across the two recovery
                                boilers of 300.0 lb/hr SO2 as a 3-hour
                                block average, as determined only by
                                CEMS. The selected limit will be
                                incorporated into the title V operating
                                permit upon scheduled renewal and both
                                options are proposed for incorporation
                                into the SIP.
------------------------------------------------------------------------


[[Page 57543]]

    EPA is proposing to approve Florida's determination that the 
proposed controls for SO2 emissions at Rayonier constitute 
RACM/RACT for that source in the Nassau Area based on the analysis 
described previously. Additionally, EPA proposes to approve Florida's 
determination that the supplemental control measures initiated at 
WestRock help to bring the area into attainment of the 2010 
SO2 NAAQS as expeditiously as practicable. Further, EPA 
determines that no further controls would be required at Rayonier, and 
that the proposed controls are sufficient for RACM/RACT purposes for 
the Nassau Area at this time. EPA, therefore, proposes to approve 
Florida's April 3, 2015, SIP submission as meeting the RACM/RACT 
requirements of the CAA. In addition, by approving the RACM/RACT for 
Rayonier, and the supplemental control measures for WestRock, for the 
purposes of Florida's attainment planning, the control measures 
outlined in Tables 3 and 4 will become permanent and enforceable SIP 
measures to meet the requirements of the CAA.
---------------------------------------------------------------------------

    \21\ Additional controls not requested for incorporation into 
the SIP for WestRock EU 006 include the elimination of fuel oil 
usage as of January 31, 2016, and the elimination of operation as a 
back-up control for NCGs. The latter is not a direct control measure 
for SO2, but means that the power boiler will not fire 
recovered process vapors.
    \22\ An additional control not requested for incorporation into 
the SIP for WestRock EU 015 is the installation of a white liquor 
scrubber system upstream to remove total reduced sulfur from the 
incoming NCG stream. WestRock EU 015 operates as a back-up control 
device for NCGs is not part of the SO2 attainment 
strategy, but compliance with 40 CFR 63, Subpart S. The addition of 
the scrubber system is to prevent any additional sulfur load to the 
power boiler. WestRock EU 015 will be required to comply with the 
SIP emission limit regardless of how it is used with respect to the 
control of NCGs.
    \23\ FL DEP also acknowledges that parametric methods other than 
CEMS may be considered, subject to approval, to demonstrate 
compliance with the individual boiler emission limit of 150 lb/hr 
SO2 limit.
---------------------------------------------------------------------------

    Based on FL DEP's modeling demonstration, the Nassau Area is 
projected to begin showing attaining monitoring values for the 2010 
SO2 NAAQS by the 2018 attainment date. Currently, monitored 
design values are complying with the 2010 SO2 NAAQS. As 
noted previously, some of the control measures at WestRock will not be 
in place for a full year prior to the attainment date as recommended in 
the 2014 SO2 Nonattainment Guidance; a recommendation 
intended to provide data to evaluate the effect of the control strategy 
on air quality. Because the Area is currently attaining the 2010 
SO2 NAAQS, EPA proposes to find that the full control 
strategy will be in place for an adequate time prior to the attainment 
date to ensure attainment of the NAAQS. Furthermore, FL DEP has already 
implemented RACT controls for sources within the Nassau Area, as the 
RACT project was completed at Rayonier in 2014, long before the 
suggested 2017 date.

E. RFP Plan

    Section 172(c)(2) of the CAA requires that an attainment plan 
includes a demonstration that shows reasonable further progress for 
meeting air quality standards will be achieved through generally linear 
incremental improvement in air quality. Section 171(1) of the Act 
defines RFP as ``such annual incremental reductions in emissions of the 
relevant air pollutant as are required by this part (part D) or may 
reasonably be required by EPA for the purpose of ensuring attainment of 
the applicable NAAQS by the applicable attainment date.'' As stated 
originally in the 1994 SO2 Guideline Document \24\ and 
repeated in the 2014 SO2 Nonattainment Guidance, EPA 
continues to believe that this definition is most appropriate for 
pollutants that are emitted from numerous and diverse sources, where 
the relationship between particular sources and ambient air quality are 
not directly quantified. In such cases, emissions reductions may be 
required from various types and locations of sources. The relationship 
between SO2 and sources is much more defined, and usually 
there is a single step between pre-control nonattainment and post-
control attainment. Therefore, EPA interpreted RFP for SO2 
as adherence to an ambitious compliance schedule in both the 1994 
SO2 Guideline Document and the 2014 SO2 
Nonattainment Guidance. The control measures for attainment of the 2010 
SO2 NAAQS included in the State's submittal have been 
modeled to achieve attainment of the NAAQS. The permits and the 
adoption of specific emissions limits and compliance parameters require 
these control measures and resulting emissions reductions to be 
achieved as expeditiously as practicable. As a result of an ambitious 
compliance schedule, projected to yield a sufficient reduction in 
SO2 emissions from the Rayonier and WestRock facilities, and 
resulting in modeled attainment of the SO2 NAAQS, EPA has 
preliminarily determined that FL DEP's SO2 attainment plan 
for the 2010 SO2 NAAQS fulfills the RFP requirements for the 
Nassau Area. Furthermore, currently the monitored SO2 design 
value for the Nassau Area is below the NAAQS, and because of the 
modeled attainment with the selected control strategies, EPA does not 
anticipate future nonattainment, or that the Area will not meet the 
statutory October 4, 2018, attainment date. EPA therefore proposes to 
approve Florida's attainment plan with respect to the RFP requirements.
---------------------------------------------------------------------------

    \24\ SO2 Guideline Document, U.S. Environmental 
Protection Agency, Office of Air Quality Planning and Standards, 
Research Triangle Park, N.C. 27711, EPA-452/R-94-008, February 1994. 
Located at: https://www.epa.gov/ttn/oarpg/t1pgm.html.
---------------------------------------------------------------------------

F. Contingency Measures

    In accordance with section 172(c)(9) of the CAA, contingency 
measures are required as additional measures to be implemented in the 
event that an area fails to meet the RFP requirements or fails to 
attain a standard by its attainment date. These measures must be fully 
adopted rules or control measures that can be implemented quickly and 
without additional EPA or state action if the area fails to meet RFP 
requirements or fails to meet its attainment date and should contain 
trigger mechanisms and an implementation schedule. However, 
SO2 presents special considerations. As stated in the final 
2010 SO2 NAAQS promulgation on June 22, 2010 (75 FR 35520) 
and in the 2014 SO2 Nonattainment Guidance, EPA concluded 
that because of the quantifiable relationship between SO2 
sources and control measures, it is appropriate that state agencies 
develop a ``comprehensive program to identify sources of violations of 
the SO2 NAAQS and undertake an aggressive follow-up for 
compliance and enforcement.''
    Based on all the control measures that are completed for Rayonier 
and planned for WestRock, FL DEP believes that the 2010 SO2 
NAAQS can be achieved on a consistent basis. However, if a fourth 
exceedance of the SO2 NAAQS occurs during any calendar year, 
or upon a determination that the Nassau Area has failed to attain the 
NAAQS by the attainment date, Rayonier and WestRock will immediately 
undertake full system audits of controlled SO2 emissions. 
Within 10 days, each source will independently submit a report to FL 
DEP summarizing all operating parameters for four 10-day periods up to 
and including the dates of the exceedances. These sources are required 
to deploy provisional SO2 emission control strategies within 
this 10-day period and include ``evidence that these control strategies 
have been deployed, as appropriate'' in the report to FL DEP. FL DEP 
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

[[Page 57544]]

appropriate operational changes needed to expeditiously to prevent any 
future violation of the NAAQS. Explicit measures addressed in Florida's 
April 3, 2015, SIP submittal are:
     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.
    Florida may consider other options for additional controls if these 
measures are not deemed to be the most appropriate to address air 
quality issues in the Area.
    Florida would implement the most appropriate control strategy to 
address the exceedances. If a permit modification might be required to 
conform to applicable air quality standards, Florida will make use of 
the State's authority in Rule 62-4.080, F.A.C. to require permittees to 
comply with new or additional conditions. This authority would allow 
Florida to work directly with the source(s) expeditiously to make 
changes to permits. Subsequently, Florida would submit any relevant 
permit change to EPA as a source-specific SIP revision to make the 
change permanent and enforceable. EPA recognizes this strategy as an 
acceptable additional step, but according to CAA section 172(c)(9), a 
measure requiring further action by FL DEP or EPA (e.g., necessitating 
a revised permit and SIP revision) could not serve as the primary 
contingency measure.
    EPA is proposing to find that Florida's April 3, 2015, SIP 
submittal includes a comprehensive program to expeditiously identify 
the source of any violation of the SO2 NAAQS and for 
aggressive follow-up. Therefore, EPA proposes that the contingency 
measures submitted by Florida follow the 2014 SO2 
Nonattainment Guidance and meet the section 172(c)(9) . EPA notes that 
Florida has further committed to pursue additional actions that may 
require a SIP revision if needed to address the exceedances.

G. Attainment Date

    Florida's modeling indicates that the Nassau Area will begin 
attaining the 2010 SO2 NAAQS by January 1, 2018, once the 
control strategy is completely implemented. This modeling does not 
provide for an attaining three-year design value by the proposed 
attainment date of October 4, 2018. However, expeditious implementation 
of RACM/RACT for the Rayonier source, coupled with actual emissions 
from the WestRock source, has already provided for an attaining design 
value of 58 ppb considering 2013-2015 data, and in fact exhibited 
attaining data since 2011-2013 with a design value of 70 ppb.\25\ The 
recent design value is well under the NAAQS, and the ongoing compliance 
schedule for WestRock control measures will help to assure that the 
area maintains the NAAQS in the future. Therefore, the area is expected 
to attain the NAAQS by the attainment date.
---------------------------------------------------------------------------

    \25\ The most recent quality-assured design values for each 
NAAQS are publicly available at https://www.epa.gov/air-trends/air-quality-design-values.
---------------------------------------------------------------------------

V. Proposed Action

    EPA is proposing to approve Florida's SO2 attainment 
plan for the Nassau Area. EPA has preliminarily determined that the SIP 
meets the applicable requirements of the CAA. Specifically, EPA is 
proposing to approve Florida's April 3, 2015, SIP submission, which 
includes the base year emissions inventory, a modeling demonstration of 
SO2 attainment, an analysis of RACM/RACT, a RFP plan, and 
contingency measures for the Nassau Area. Additionally, EPA is 
proposing to approve into the Florida SIP specific SO2 
emission limits and compliance parameters established for the two 
SO2 point sources impacting the Nassau Area.

VI. 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, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed 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 proposed 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);
     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.

List of Subjects in 40 CFR Part 52

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

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

    Dated: August 15, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016-20119 Filed 8-22-16; 8:45 am]
 BILLING CODE 6560-50-P