Air Plan Approval and Designation of Areas; FL; Redesignation of the Nassau County 2010 1-Hour Sulfur Dioxide Nonattainment Area to Attainment, 4411-4422 [2019-02536]
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Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Proposed Rules
Dated: February 5, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019–02543 Filed 2–14–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2018–0523; FRL–9989–57–
Region 4]
Air Plan Approval and Designation of
Areas; FL; Redesignation of the
Nassau County 2010 1-Hour Sulfur
Dioxide Nonattainment Area to
Attainment
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
In a letter dated June 7, 2018,
the State of Florida, through the Florida
Department of Environmental Protection
(FDEP), submitted a request for the
Environmental Protection Agency (EPA)
to redesignate the Nassau County sulfur
dioxide (SO2) nonattainment area
(hereinafter referred to as the ‘‘Nassau
County Area’’ or ‘‘Area’’) to attainment
for the 2010 1-hour SO2 primary
national ambient air quality standard
(NAAQS) and to approve an
accompanying state implementation
plan (SIP) revision containing a
maintenance plan for the Area. The
submittal was received by EPA on June
12, 2018. EPA is proposing to determine
that the Nassau County Area attained
the 2010 1-hour SO2 NAAQS by its
applicable attainment date of October 4,
2018; to approve the SIP revision
containing the State’s plan for
maintaining attainment of the 2010 1hour SO2 standard and to incorporate
the maintenance plan into the SIP; and
to redesignate the Nassau County Area
to attainment for the 2010 1-hour SO2
NAAQS.
SUMMARY:
Comments must be received on
or before March 18, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2018–0523 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
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etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Madolyn Sanchez, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. Ms. Sanchez may
be reached by phone at (404) 562–9644
or via electronic mail at
sanchez.madolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What are the actions EPA is
proposing to take?
EPA is proposing to take the following
three separate but related actions: (1) To
determine that the Nassau County Area
attained the 2010 SO2 NAAQS by its
applicable attainment date of October 4,
2018; (2) to approve Florida’s
maintenance plan for maintaining the
2010 1-hour SO2 NAAQS in the Area
and incorporate it into the SIP; and (3)
to redesignate the Nassau County Area
to attainment for the 2010 1-hour SO2
NAAQS. The Nassau County Area is
comprised of the portion of Nassau
County encompassing the circular
boundary with the center being
Universal Transverse Mercator (UTM)
Easting 455530 meters, UTM Northing
3391737 meters, UTM zone 17, using
the NAD83 datum (the location of the
ambient SO2 monitor in the Area) and
the radius being 2.4 kilometers (km).
The only point source of SO2 emissions
within the Nassau County Area is a pulp
and paper mill—Rayonier Performance
Fibers, LLC Fernandina Beach Sulfite
Pulp Mill (Rayonier). An additional
pulp and paper mill—WestRock CP,
LLC Fernandina Beach Mill
(WestRock)—is located immediately
adjacent to the Area and is the largest
source of SO2 within 25 km outside of
the nonattainment area.
EPA is proposing to determine that
the Nassau County Area attained the
2010 SO2 NAAQS by its applicable
attainment date of October 4, 2018. EPA
is also proposing to approve Florida’s
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SIP revision containing the maintenance
plan for the Nassau County Area in
accordance with the requirements of
section 175A of the Clean Air Act (CAA
or Act). The maintenance plan
submitted with Florida’s request for
redesignation is intended to help keep
the Nassau County Area in attainment of
the 2010 1-hour SO2 NAAQS through
the year 2032.
EPA is also proposing to determine
that the Nassau County Area has met the
requirements for redesignation under
section 107(d)(3)(E) of the CAA.
Accordingly, EPA is proposing to
approve a request to change the legal
designation of the portion of Nassau
County that is designated nonattainment
to attainment for the 2010 1-hour SO2
NAAQS.
II. Background
On June 2, 2010, EPA revised the
primary SO2 NAAQS, establishing a
new 1-hour SO2 standard of 75 parts per
billion (ppb). See 75 FR 35520 (June 22,
2010). Under EPA’s regulations at 40
CFR part 50, the 2010 1-hour SO2
NAAQS is met at a monitoring site
when the 3-year average of the annual
99th percentile of daily maximum 1hour average concentrations is less than
or equal to 75 ppb (based on the
rounding convention in 40 CFR part 50,
appendix T). See 40 CFR 50.17.
Ambient air quality monitoring data for
the 3-year period must meet a data
completeness requirement. A year meets
data completeness requirements when
all four quarters are complete, and a
quarter is complete when at least 75
percent of the sampling days for each
quarter have complete data. A sampling
day has complete data if 75 percent of
the hourly concentration values,
including state-flagged data affected by
exceptional events which have been
approved for exclusion by the
Administrator, are reported.1
Upon promulgation of a new or
revised NAAQS, the CAA requires EPA
to designate as nonattainment any area
that does not meet (or that contributes
to ambient air quality in a nearby area
that does not meet) the NAAQS. EPA
designated the Area as nonattainment
for the 2010 1-hour SO2 NAAQS,
effective on October 4, 2013, using
2009–2011 complete, quality assured,
and certified ambient air quality data.
See 78 FR 47191 (August 5, 2013).
Under the CAA, nonattainment areas
must attain the NAAQS as expeditiously
as practicable but not later than five
years after the October 4, 2013, effective
date of the designation. See CAA section
192(a). Therefore, the Nassau County
1 See
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40 CFR part 50, appendix T, section 3(b).
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Area’s applicable attainment date was
no later than October 4, 2018.
EPA’s 2010 SO2 nonattainment
designation for the Area triggered an
obligation for Florida to develop a
nonattainment SIP revision addressing
certain requirements under title I, part
D, subpart 1 (hereinafter ‘‘Subpart 1’’),
and to submit that SIP revision to EPA
in accordance with the deadlines in title
I, part D, subpart 5 (hereinafter ‘‘Subpart
5’’). Subpart 1 contains the general
requirements for nonattainment areas
for criteria pollutants, including
requirements to develop a SIP that
provides for the implementation of
reasonably available control measures
(RACM), requires reasonable further
progress (RFP), includes base-year and
attainment-year emissions inventories, a
SIP-approved nonattainment new
source review (NNSR) permitting
program that accounts for growth in the
area, enforceable emission limitations
and other such control measures, and
provides for the implementation of
contingency measures. This SIP revision
was due within 18 months following the
October 4, 2013, effective date of
designation (i.e., April 4, 2015). See
CAA section 191(a). Florida submitted a
nonattainment SIP revision to EPA on
April 3, 2015.
On July 3, 2017 (82 FR 30749), EPA
approved Florida’s April 3, 2015, SO2
nonattainment SIP revision. This SIP
revision provided a modeled attainment
demonstration and satisfied the required
nonattainment planning requirements
mentioned above for the Nassau County
Area. The revision included a base year
emissions inventory, a modeling
demonstration of attainment for the
2010 SO2 NAAQS, RACM/Reasonably
Available Control Technology (RACT), a
RFP plan, NNSR permitting program,
and contingency measures for the
Nassau County Area. As discussed in
Section V, below, the nonattainment SIP
revision included permit conditions to
reduce SO2 emissions at the Rayonier
and WestRock facilities.
III. What are the criteria for
redesignation?
The CAA provides the requirements
for redesignating a nonattainment area
to attainment. Specifically, section
107(d)(3)(E) of the CAA allows for
redesignation provided that the
following criteria are met: (1) The
Administrator determines that the area
has attained the applicable NAAQS; (2)
the Administrator has fully approved
the applicable implementation plan for
the area under section 110(k); (3) the
Administrator determines that the
improvement in air quality is due to
permanent and enforceable reductions
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in emissions resulting from
implementation of the applicable SIP
and applicable federal air pollutant
control regulations, and other
permanent and enforceable reductions;
(4) the Administrator has fully approved
a maintenance plan for the area as
meeting the requirements of section
175A; and (5) the state containing such
area has met all requirements applicable
to the area for purposes of redesignation
under section 110 and part D of the
CAA.
On April 16, 1992 (57 FR 13498), EPA
provided guidance on redesignations in
the General Preamble for the
Implementation of title I of the CAA
Amendments of 1990 and supplemented
this guidance on April 28, 1992 (57 FR
18070). EPA has provided further
guidance on processing redesignation
requests in the following documents:
SIP revision containing a maintenance
plan. EPA’s evaluation indicates that the
Nassau County Area meets the
requirements for redesignation as set
forth in section 107(d)(3)(E), including
the maintenance plan requirements
under section 175A of the CAA. As a
result of this evaluation, EPA is
proposing to determine that the Area
has attained the 2010 1-hour SO2
NAAQS by its attainment date of
October 4, 2018, in accordance with
section 179(c)(1) of the CAA based upon
air monitoring data for 2015–2017 and
air quality dispersion modeling
analyses.2 EPA is also proposing to
approve Florida’s maintenance plan for
maintaining the 2010 1-hour SO2
NAAQS in the Area and incorporate it
into the SIP and to redesignate the
Nassau County Area to attainment for
the 2010 1-hour SO2 NAAQS.
1. ‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment,’’
Memorandum from John Calcagni, Director,
Air Quality Management Division, September
4, 1992 (hereinafter referred to as the
‘‘Calcagni Memorandum’’);
2. ‘‘State Implementation Plan (SIP)
Actions Submitted in Response to Clean Air
Act (CAA) Deadlines,’’ Memorandum from
John Calcagni, Director, Air Quality
Management Division, October 28, 1992;
3. ‘‘Part D New Source Review (Part D
NSR) Requirements for Areas Requesting
Redesignation to Attainment,’’ Memorandum
from Mary D. Nichols, Assistant
Administrator for Air and Radiation, October
14, 1994; and
4. ‘‘Guidance for 1-Hour SO2
Nonattainment Area SIP Submissions,’’
Memorandum from Stephen D. Page, April
23, 2014 (hereinafter referred to as the ‘‘SO2
Nonattainment Area Guidance’’).
V. What is EPA’s analysis of the
redesignation request and SIP revision?
As stated above, in accordance with
the CAA, EPA proposes to: (1) To
determine that the Nassau County Area
attained the 2010 1-hour SO2 NAAQS
by its attainment date of October 4,
2018; (2) to approve Florida’s
maintenance plan for maintaining the
2010 1-hour SO2 NAAQS in the Area
and incorporate it into the SIP; and (3)
to redesignate the Nassau County Area
to attainment for the 2010 1-hour SO2
NAAQS.
The five redesignation criteria
provided under CAA section
107(d)(3)(E) are discussed in greater
detail for the Nassau County Area in the
following paragraphs.
EPA’s SO2 Nonattainment Area
Guidance discusses the CAA
requirements that air agencies need to
address when implementing the 2010
SO2 NAAQS in areas designated as
nonattainment for the standard. The
guidance includes recommendations for
air agencies to consider as they develop
SIPs to satisfy the requirements of
sections 110, 172, 175A, 191, and 192 of
the CAA to show future attainment and
maintenance of the 2010 SO2 NAAQS.
Additionally, the SO2 nonattainment
guidance provides recommendations for
air agencies to consider as they develop
redesignation requests and maintenance
plans to satisfy the requirements of
sections 107(d)(3)(E) and 175A.
IV. Why is EPA proposing these
actions?
Through a letter dated June 7, 2018,
FDEP submitted a request for EPA to
redesignate the Nassau County Area to
attainment for the 2010 1-hour SO2
NAAQS and submitted an associated
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Criterion (1)—The Administrator
Determines That the Area Has Attained
the NAAQS
For redesignating a nonattainment
area to attainment, the CAA requires
EPA to determine that the area has
attained the applicable NAAQS (CAA
section 107(d)(3)(E)(i)). As discussed in
section VIII.A of the SO2 Nonattainment
Area Guidance, there are generally two
components needed to support an
attainment determination for SO2,
which should be considered
interdependently.3 The first component
relies on air quality monitoring data. For
SO2, any available monitoring data
2 Section 179(c)(1) reads as follows: ‘‘As
expeditiously as practicable after the applicable
attainment date for any nonattainment area, but not
later than 6 months after such date, the
Administrator shall determine, based on the area’s
air quality as of the attainment date, whether the
area attained the standard by that date.’’
3 SO is primarily a localized, source-specific
2
pollutant, and therefore, SO2 control measures are,
by definition, based on what is directly and
quantifiably necessary to attain the NAAQS.
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would need to indicate that all monitors
in the affected area are meeting the
standard as stated in 40 CFR 50.17 using
data analysis procedures specified in 40
CFR part 50, Appendix T. The second
component relies on air quality
modeling data. If there are no air quality
monitors located in the affected area, or
there are air quality monitors located in
the area, but analyses show that none of
the monitors are located in the area of
maximum concentration,4 then air
quality dispersion modeling will
generally be needed to estimate SO2
concentrations in the area. Such
dispersion modeling should be
conducted to estimate SO2
concentrations throughout the
nonattainment area using actual
emissions and meteorological
information for the most recent three
calendar years. However, EPA may also
make determinations of attainment
based on the modeling from the
attainment demonstration for the
applicable SIP for the affected area,
eliminating the need for separate
actuals-based modeling to support the
determination that an area is currently
attaining. If the air agency has
previously submitted a modeled
attainment demonstration using
allowable emissions, no further
modeling is needed as long as the
source characteristics are still
reasonably represented.
Florida’s pre- and post-modification
attainment demonstration modeling
indicates that the Fernandina Beach
monitor is not sited in the area of
maximum concentration for both the
Rayonier and West Rock SO2 sources,
and therefore the clean monitoring data
at the Fernandina Beach monitor does
not on its own demonstrate that the
Area is currently attaining the 1-hour
SO2 NAAQS. EPA’s proposed approval
of Florida’s redesignation and
maintenance plan SIP for the Nassau
County Area is also based on the
modeled attainment demonstration that
includes permanent and enforceable
SO2 controls and emissions limits at
Rayonier and WestRock showing
attainment of the 2010 SO2 standard by
the statutory deadline. EPA approved
the attainment demonstration for the
Nassau Area on July 3, 2017, and
incorporated the new allowable
emission rates and control measures
into the SIP, making them permanent
and enforceable. See 82 FR 30749.
These permanent and enforceable
measures were fully implemented at
Rayonier during the second quarter of
2014 and at WestRock in December
2017.
For SO2, a location may be considered
to be attaining the 2010 1-hour SO2
NAAQS if it meets the NAAQS as
determined in accordance with 40 CFR
50.17 and Appendix T of part 50, based
on three complete, consecutive calendar
years of quality-assured air quality
monitoring data. Specifically, to attain
the NAAQS at each monitoring site, the
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3-year average of the annual 99th
percentile (fourth highest value) of 1hour daily maximum concentrations
measured at each monitor within an
area must be less than or equal to 75
ppb. The data must be collected and
quality-assured in accordance with 40
CFR part 58 and recorded in the EPA
Air Quality System (AQS). The monitors
should have remained at the same
location for the duration of the
monitoring period required for
demonstrating attainment.
FDEP currently operates one ambient
SO2 monitor in the Area, the Fernandina
Beach SO2 monitor (AQS ID: 12–089–
0005). This monitor is located
approximately 0.9 km southeast of
Rayonier and 2.5 km south of WestRock.
The original nonattainment designation
was based on the 2009–2011 design
value of 129 ppb at this monitor. As
shown in Table 1, the design values at
this monitor have decreased since 2011,
and the quality-assured, complete, and
certified 2015–2017 3-year design value
is 43 ppb, well below the 2010 1-hour
SO2 standard of 75 ppb. Since 2011, the
annual fourth high value has remained
below the standard and there have been
no 1-hour values recorded above the
standard since late 2014. The significant
decrease in SO2 concentrations is due to
the implementation of the permanent
and enforceable control measures at
Rayonier and WestRock.
TABLE 1—NASSAU COUNTY AREA SO2 MONITORED DESIGN VALUES
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[ppb]
Monitoring station (AQS Site ID)
2011–2013
Design value
2012–2014
Design value
2013–2015
Design value
2014–2016
Design value
2015–2017
Design value 5
Fernandina Beach (12–089–0005) ......................................
70 ppb
57 ppb
58 ppb
51 ppb
43 ppb
Preliminary monitoring data from the
Fernandina Beach monitor for 2018
indicates that it continues to not record
a violation of the standard.6 EPA is
proposing to determine that the Nassau
County Area has attained the 2010 1hour SO2 NAAQS based primarily on
the modeling analysis discussed below,
which is not contradicted by the
quality-assured, complete, and certified
ambient air monitoring data for the
2015–2017 period that does not indicate
a NAAQS violation. If, before EPA takes
final action, monitoring data or other
evidence causes EPA to conclude that
the Area is not continuing to meet the
standard, EPA will not go forward with
the redesignation. As discussed in more
detail below, Florida has committed to
continue monitoring ambient SO2
concentrations in this Area in
accordance with 40 CFR part 58. Any
future changes to the state or local air
monitoring station (SLAMS) network in
the Area will be submitted to EPA for
approval in Florida’s annual ambient air
monitoring network plan, as required by
40 CFR 58.10.
As discussed in Section VIII.A. of the
SO2 Nonattainment Area Guidance, air
quality dispersion modeling will
generally be needed to demonstrate
attainment in addition to attaining air
quality monitoring data (in accordance
with 40 CFR 50.17 and Appendix T of
part 50) if the existing monitor is not
located in the area of maximum
concentration. The SO2 attainment
demonstration submitted by Florida on
April 3, 2015, provided an air quality
dispersion modeling analysis
demonstrating that the control strategies
chosen by the State to reduce SO2
emissions at Rayonier and WestRock
would bring the Area into attainment of
the standard by the applicable
attainment date of October 4, 2018. On
July 3, 2017 (82 FR 30749), EPA
approved this attainment demonstration
along with Florida’s control strategies at
these facilities. In its June 7, 2018,
4 See section VIII.A of the SO Nonattainment
2
Area Guidance.
5 The 2017 data is available at https://
www.epa.gov/outdoor-air-quality-data/monitorvalues-report.
6 Preliminary 2018 data is available at https://
www.epa.gov/outdoor-air-quality-data/monitorvalues-report.
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redesignation request and maintenance
plan, FDEP included the modeling
analysis from its attainment
demonstration that demonstrates
modeled attainment within the Nassau
County Area. Florida’s redesignation
request states that the control strategies
were fully implemented at Rayonier
during the second quarter of 2014 and
at WestRock in December 2017. Details
regarding the control strategies and
emissions reductions are provided in
the Criterion (3) Section of this
document. Details regarding the
modeling analysis are discussed in the
following paragraphs.
FDEP’s modeling analysis was
developed in accordance with EPA’s
Guideline on Air Quality Models
(Modeling Guideline) 7 and the SO2
Nonattainment Area Guidance, and was
prepared using EPA’s preferred
dispersion modeling system, the
American Meteorological Society/
Environmental Protection Agency
Regulatory Model (AERMOD) consisting
of the AERMOD (version 14134) 8 model
and multiple data input preprocessors
as described below. FDEP used
regulatory default options and the rural
land use designation in the AERMOD
modeling.
The pre-processors AERMET (version
14134) and AERMINUTE were used to
process five years (i.e., 2008–2012) of 1minute meteorological data from the
Jacksonville National Weather Service
Office (NWS) at the Jacksonville
International Airport, Jacksonville,
Florida, surface level site, based on
FDEP’s land use classifications, in
combination with twice daily upper-air
meteorological information from the
same site. The Jacksonville International
Airport is located approximately 28 km
southeast from the Nassau County Area.
The AERMOD pre-processor
AERMAP (version 11103) was used to
generate terrain inputs for the receptors,
based on a digital elevation mapping
database from the National Elevation
Dataset developed by the U.S.
Geological Survey. FDEP used
AERSURFACE to generate directionspecific land-use surface characteristics
for the modeling.
The stack heights used in the
modeling meet the Good Engineering
Practice stack height criteria, and the
Building Profile Input Program for
Plume Rise Model Enhancements
preprocessor was used to generate
direction-specific building downwash
parameters. FDEP developed a Cartesian
receptor grid across the nonattainment
boundary (approximately 2.4 km around
the monitor), with 100-meter spacing in
ambient air to ensure maximum
concentrations are captured in the
analysis.
FDEP selected a background SO2
concentration based on local SO2
monitoring data from the Fernandina
Beach monitor, located within the
nonattainment area, for the period
January 2012 to December 2013. This
background concentration from the
nearby ambient air monitor is used to
account for SO2 impacts from all
sources that are not specifically
included in the AERMOD modeling
analysis. The ambient monitoring data
was obtained from the Florida Air
Monitoring and Assessment System.
Due to its close proximity to the
Rayonier facility, monitored
concentrations at this station are
strongly influenced by emissions from
both facilities. As a result, and as
allowed by EPA’s Modeling Guideline,
the data was filtered to remove
measurements where the wind direction
could transport pollutants from
Rayonier and WestRock to the monitor.
More specifically, the data was filtered
to remove measurements where hourly
wind directions were between 263° to
61°.
EPA’s SO2 nonattainment guidance
provides a procedure for establishing
longer-term averaging times for SO2
emission limits (up to a 30-day rolling
averaging time).9 In approving Florida’s
2015 attainment demonstration, EPA
concluded that FDEP completed this
analysis for the Rayonier and WestRock
facilities to derive SIP emission limits
with a 3-hour longer-term averaging
time that are comparatively stringent to
the modeled attaining 1-hour level. For
more details, see Florida’s April 3, 2015,
nonattainment SIP submittal and EPA’s
final approval. See 82 FR 30749 (July 3,
2017).
The results of Florida’s attainment
modeling are summarized in Table 2.
The table presents the results from the
four sets of AERMOD modeling runs
that were performed. The four modeling
runs were the result of using an
uncontrolled, or pre-modification,
scenario and three different controlled,
or post-modification, scenarios. The
State used maximum allowable
permitted emissions limits for each of
the SO2 emissions units at the Rayonier
and WestRock facilities in the modeling
demonstration. These emissions limits
and other control measures were
established in construction permits
issued by FDEP. The conditions have
been incorporated into the Florida SIP
via the approved attainment plan,
making them permanent and
enforceable, and the Title V operating
permits for the Rayonier 10 and
WestRock 11 facilities. Two of the units
at the WestRock facility, emissions unit
(EU) 007 and 011 (recovery boilers),
have a combined SO2 emissions limit
cap of 300 pounds per hour (lb/hr).
Therefore, the State performed three
post-control runs to identify the worstcase scenario of emissions distributions.
For each of the three modeling runs, all
other emissions units at both the
Rayonier and WestRock facilities were
modeled at their individual permitted
allowable SO2 emissions rates. Under
one modeling scenario, the SO2
emissions cap of 300 pounds per hour
(lb/hr) for WestRock EUs 007 and 011
was allotted equally between the
recovery boilers. For the two remaining
scenarios, the entire 300 lb/hr cap was
allotted totally to EU 007 or EU 011,
assuming only one recovery boiler was
operating at any given time. Table 2
shows that the maximum 1-hour average
across all five years of meteorological
data (2008–2012) is less than or equal to
the 2010 1-hour SO2 NAAQS of 75 ppb
for all three sets of AERMOD modeling
runs. For more details, see Florida’s
April 3, 2015, SIP submittal.
7 See 40 CFR part 51 Appendix W (EPA’s
Guideline on Air Quality Models) (January 17,
2017) located at https://www3.epa.gov/ttn/scram/
appendix_w/2016/AppendixW_2017.pdf.
8 Version 14134 of the AERMOD Modeling
System was the current EPA-recommended
regulatory version at the time the modeling was
performed in 2014–2015, and therefore was
appropriate for the modeling analysis.
9 FDEP followed the SO Nonattainment Area
2
Guidance on procedures for establishing emissions
limits with averaging periods longer than one hour.
10 See air construction permit 0890004–036–AC
issued by FDEP on April 12, 2012; 82 FR 30749
(July 3, 2017); and 40 CFR 52.520(d). See Title V
operating permit 0890004–054–AV issued by FDEP
on September 7, 2017.
11 See air construction permit 0890003–046–AC
issued by FDEP on January 9, 2015; 82 FR 30749
(July 3, 2017); and 40 CFR 52.520(d). See Title V
operating permit 0890003–055–AV issued by FEDP
on November 14, 2017.
12 The April 3, 2015, final submittal contained
typographical errors in its summary modeling table.
On April 8, 2016, FDEP provided EPA Region 4
with corrected numbers. FDEP in no way revised
the modeling demonstration nor the results
inherent in the April 3, 2015, submittal. The
correspondence and clarifying information is
provided in the Docket for the attainment
demonstration (Docket ID: EPA–R04–OAR–2015–
0623).
13 The ‘‘0’’ impact from Rayonier indicates that
the worst-case scenario was at a time when
WestRock was impacting the area of maximum
concentration because the wind was coming from
the direction of WestRock. Rayonier impacts other
receptors in the nonattainment area and may impact
this same receptor at other times, as can be seen
with the remainder of the modeling demonstration.
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TABLE 2—MAXIMUM MODELED SO2 IMPACTS IN THE NASSAU COUNTY AREA, MICROGRAMS PER CUBIC METER
[ppb] 12
Maximum predicted impact
Model scenario
Averaging time
Background
Rayonier
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Pre-modification ...
Equal Cap Distribution.
Entire Cap—EU
007.
Entire Cap—EU
011.
1-hour ..................
1-hour ..................
13 0.0
1,14.45 (43.7)
2,957.80 (1,128)
67.69 (25.8)
4.19 (1.6)
10.72 (4.09)
2,961.99 (1,130)
192.87 (73.6)
1-hour ..................
110.93 (42.3)
71.56 (27.3)
9.16 (3.5)
191.65 (73.1)
1-hour ..................
117.51 (44.8)
63.79 (24.3)
12.82 (4.9)
194.11 (74.0)
The pre-control analysis resulted in a
predicted impact of 1,130 ppb. The
post-control analysis resulted in a
worst-case predicted impact of 74.0 ppb.
EPA has determined that the modeling
results indicate sufficient reductions in
air quality impact with the
implementation of the post-construction
control plan for the Rayonier and
WestRock facilities. The control
measures that have been implemented
at the Rayonier and West Rock facilities
are outlined in the Criterion (3) Section
of this document. The modeling results
included in Table 2 show that WestRock
should be included in the consideration
of controls for the following reasons: (1)
If both facilities were left uncontrolled,
as presented in the first modeled
scenario, WestRock would have the
greater impact on the area of maximum
concentration within the Nassau County
Area; and (2) with the worst possible
post-control modeling scenario, 35
percent of the total predicted impact on
the Nassau County Area would stem
from WestRock. Therefore, if no controls
were implemented at WestRock, the
Area would not likely attain and
maintain the 2010 1-hour SO2 NAAQS.
All emissions limits and related
compliance parameters have been
incorporated into Florida’s SIP, making
these changes permanent and federally
enforceable. More details on the preconstruction and post-construction
operations at the facilities are included
in Florida’s April 3, 2015,
nonattainment SIP submission and in
EPA’s rulemaking on that submittal.14
On July 3, 2017, EPA approved the
modeled attainment demonstration
described above and concluded that it is
consistent with CAA requirements,
EPA’s Modeling Guideline, and EPA’s
guidance for SO2 attainment
demonstration modeling. The modeled
controls and emissions limits have been
fully implemented as of December 1,
14 See 82 FR 30749 (July 3, 2017) (final rule), 81
FR 57535 (August 23, 2016) (proposed rule), and
Florida’s SIP submittal located in Docket EPA–R04–
OAR–2015–0623.
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2017. Therefore, EPA proposes to find
that the Area has attained the 2010 1hour SO2 NAAQS and attained the
standard by its applicable attainment
date based on this modeling analysis
and on quality-assured, complete, and
certified 2015–2017 ambient air
monitoring data at the Fernandina
Beach monitor.
Criterion (2)—The Administrator Fully
Approves the Applicable
Implementation Plan for the Area Under
Section 110(k); and Criterion (5)—
Florida Has Met All Applicable
Requirements Under Section 110 and
Part D of Title I of the CAA
For redesignating a nonattainment
area to attainment, the CAA requires
EPA to determine that the state has met
all applicable requirements under
section 110 and part D of title I of the
CAA (CAA section 107(d)(3)(E)(v)) and
that the state has a fully approved SIP
under section 110(k) for the area (CAA
section 107(d)(3)(E)(ii)). EPA proposes
to find that Florida has met all
applicable SIP requirements for the
Nassau County Area under section 110
of the CAA (general SIP requirements)
for purposes of redesignation.
Additionally, EPA proposes to find that
the Florida SIP satisfies the criterion
that it meets applicable SIP
requirements for purposes of
redesignation under part D of title I of
the CAA in accordance with section
107(d)(3)(E)(v). Further, EPA proposes
to determine that the SIP is fully
approved with respect to all
requirements applicable for purposes of
redesignation in accordance with
section 107(d)(3)(E)(ii). In making these
proposed determinations, EPA
ascertained which requirements are
applicable to the Area and, if applicable,
that they are fully approved under
section 110(k). SIPs must be fully
approved only with respect to
requirements that were applicable prior
to submittal of the complete
redesignation request.
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SO2 NAAQS
WestRock
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196.4 (75)
A. The Nassau County Area Has Met All
Applicable Requirements Under Section
110 and Part D of the CAA
1. General SIP Requirements
General SIP elements and
requirements are delineated in section
110(a)(2) of title I, part A of the CAA.
These requirements include, but are not
limited to, the following: Submittal of a
SIP that has been adopted by the state
after reasonable public notice and
hearing; provisions for establishment
and operation of appropriate procedures
needed to monitor ambient air quality;
implementation of a source permit
program; provisions for the
implementation of part C requirements
(Prevention of Significant Deterioration
(PSD)) and provisions for the
implementation of part D requirements
(NNSR permit programs); provisions for
air pollution modeling; and provisions
for public and local agency participation
in planning and emission control rule
development.
Section 110(a)(2)(D) requires that SIPs
contain certain measures to prevent
sources in a state from significantly
contributing to air quality problems in
another state. To implement this
provision, EPA has required certain
states to establish programs to address
the interstate transport of air pollutants.
The section 110(a)(2)(D) requirements
for a state are not linked with a
particular nonattainment area’s
designation and classification in that
state. EPA believes that the
requirements linked with a particular
nonattainment area’s designation and
classifications are the relevant measures
to evaluate in reviewing a redesignation
request. The transport SIP submittal
requirements, where applicable,
continue to apply to a state regardless of
the designation of any one particular
area in the state. Thus, EPA does not
believe that the CAA’s interstate
transport requirements should be
construed to be applicable requirements
for purposes of redesignation.
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In addition, EPA believes that other
section 110(a)(2) elements that are
neither connected with nonattainment
plan submissions nor linked with an
area’s attainment status are not
applicable requirements for purposes of
redesignation. The area will still be
subject to these requirements after the
area is redesignated. The section
110(a)(2) and part D requirements which
are linked with a particular area’s
designation and classification are the
relevant measures to evaluate in
reviewing a redesignation request. This
approach is consistent with EPA’s
existing policy on applicability (i.e., for
redesignations) of conformity and
oxygenated fuels requirements, as well
as with section 184 ozone transport
requirements. See Reading,
Pennsylvania, proposed and final rules
(61 FR 53174–53176, October 10, 1996),
(62 FR 24826, May 7, 2008); ClevelandAkron-Loraine, Ohio, final rule (61 FR
20458, May 7, 1996); and Tampa,
Florida, final rule at (60 FR 62748,
December 7, 1995). See also the
discussion on this issue in the
Cincinnati, Ohio, redesignation (65 FR
37890, June 19, 2000), and in the
Pittsburgh, Pennsylvania, redesignation
(66 FR 50399, October 19, 2001).
Nonetheless, EPA has approved
Florida’s SIP revisions related to the
section 110 requirements for the 2010
SO2 NAAQS, with the exception of the
interstate transport elements at section
110(a)(2)(D)(i)(I). See 81 FR 67179
(September 30, 2016).
2. Title I, Part D, Applicable SIP
Requirements
Subpart 1 of part D, comprised of
CAA sections 171–179B, sets forth the
basic nonattainment requirements
applicable to all nonattainment areas.
All areas that were designated
nonattainment for the SO2 NAAQS were
designated under Subpart 1 of the CAA
in accordance with the deadlines in
Subpart 5. For purposes of evaluating
this redesignation request, the
applicable Subpart 1 SIP requirements
are contained in section 172(c)(1)–(9),
section 176, and sections 191 and 192.
A thorough discussion of the
requirements contained in sections
172(c) can be found in the General
Preamble for Implementation of Title I.
See 57 FR 13498 (April 16, 1992).
a. Subpart 1 Section 172 Requirements
Section 172 requires states with
nonattainment areas to submit plans
providing for timely attainment and
meeting a variety of other requirements.
As discussed in section V.A, above,
EPA’s longstanding interpretation of the
attainment-related nonattainment
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planning requirements of section 172 is
that once an area is attaining the
NAAQS, those requirements are not
‘‘applicable’’ for purposes of CAA
section 107(d)(3)(E)(ii) and therefore
need not be approved into the SIP
before EPA can redesignate the area. In
the 1992 General Preamble for
Implementation of Title I, EPA set forth
its interpretation of applicable
requirements for purposes of evaluating
redesignation requests when an area is
attaining a standard. See 57 FR 13498,
13564 (April 16, 1992). EPA noted that
the requirements for RFP and other
measures designed to provide for
attainment do not apply in evaluating
redesignation requests because those
nonattainment planning requirements
‘‘have no meaning’’ for an area that has
already attained the standard. Id. This
interpretation was also set forth in the
Calcagni Memo. EPA’s understanding of
section 172 also forms the basis of its
Clean Data Policy, articulated with
regard to the 2010 1-hour SO2 NAAQS
in the SO2 Nonattainment Area
Guidance, which suspends a state’s
obligation to submit most of the
attainment planning requirements that
would otherwise apply, including an
attainment demonstration and planning
SIPs to provide for RFP, RACT/RACM,
NNSR, and contingency measures under
section 172(c)(9).
As discussed above, EPA previously
approved Florida’s nonattainment SIP
for the Nassau County Area. See 82 FR
30749 (July 3, 2017). Among other
things, the nonattainment SIP for the
Area satisfied the section 172(c)(1)
requirements for RACT/RACM;
172(c)(2) requirements related to RFP;
172(c)(3) requirements for a
comprehensive and accurate emissions
inventory; 172(c)(4) and (5) for NNSR;
172(c)(6) requirements for permanent
and enforceable control measures
necessary to provide attainment of the
NAAQS by the attainment date; and
section 172(c)(9) requirements for
contingency measures.
Section 172(c)(4) requires the
identification and quantification of
allowable emissions for major new and
modified stationary sources to be
allowed in an area, and section 172(c)(5)
requires source permits for the
construction and operation of new and
modified major stationary sources
anywhere in the nonattainment area.
EPA has a longstanding interpretation
that because NNSR is replaced by PSD
upon redesignation, nonattainment
areas seeking redesignation to
attainment need not have a fully
approved part D NNSR program in order
to be redesignated. See memorandum
from Mary Nichols, Assistant
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Administrator for Air and Radiation,
dated October 14, 1994, entitled ‘‘Part D
New Source Review Requirements for
Areas Requesting Redesignation to
Attainment.’’ Florida currently has a
fully-approved PSD and part D NNSR
program in place in Chapters 62–204,
62–210, and 62–212 of the Florida
Administrative Code. Florida’s PSD
program will become effective in the
Area upon redesignation to attainment.
Section 172(c)(7) requires the SIP to
meet the applicable provisions of
section 110(a)(2). As noted above, EPA
believes that Florida’s SIP meets the
requirements of section 110(a)(2)
applicable for purposes of
redesignation.
Finally, section 172(c)(8) allows a
state to use equivalent modeling,
emission inventory, and planning
procedures if such use is requested by
the state and approved by EPA. Florida
has not requested the use of equivalent
techniques under section 172(c)(8).
As mentioned above, EPA fully
approved Florida’s April 3, 2015,
nonattainment SIP for the Nassau
County Area, including the modeled
attainment demonstration, and
determined that the SIP submission met
the applicable nonattainment planning
requirements of sections 172 and 191–
192 of the CAA demonstrating
attainment of the SO2 standard by the
statutory deadline. This approval
included the specific SO2 emission
limits and compliance parameters
established for the two SO2 point
sources impacting the Nassau Area
(Rayonier and WestRock).
b. Subpart 1 Section 176—Conformity
Requirements
Section 176(c) of the CAA requires
states to establish criteria and
procedures to ensure that federally
supported or funded projects conform to
the air quality planning goals in the
applicable SIP. The requirement to
determine conformity applies to
transportation plans, programs, and
projects that are developed, funded, or
approved under title 23 of the United
States Code (U.S.C.) and the Federal
Transit Act (transportation conformity)
as well as to all other federally
supported or funded projects (general
conformity). State transportation
conformity SIP revisions must be
consistent with federal conformity
regulations relating to consultation,
enforcement, and enforceability that
EPA promulgated pursuant to its
authority under the CAA.
EPA believes that it is reasonable to
interpret the conformity SIP
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requirements 15 as not applying for
purposes of evaluating the redesignation
request under section 107(d) because
state conformity rules are still required
after redesignation and federal
conformity rules apply where state rules
have not been approved. See Wall v.
EPA, 265 F.3d 426 (upholding this
interpretation) (6th Cir. 2001); See 60 FR
62748 (December 7, 1995). Furthermore,
due to the relatively small, and
decreasing, amounts of sulfur in
gasoline and on-road diesel fuel, the
EPA’s transportation conformity rules
provide that they do not apply to SO2
unless either the EPA Regional
Administrator or the director of the state
air agency has found that transportationrelated emissions of SO2 as a precursor
are a significant contributor to a SO2 or
fine particulate matter (PM2.5)
nonattainment problem, or if the SIP has
established an approved or adequate
budget for such emissions as part of the
RFP, attainment, or maintenance
strategy. See 40 CFR 93.102(b)(1), (2)(v);
SO2 Nonattainment Area Guidance.
Neither of these conditions have been
met; therefore, EPA’s transportation
conformity rules do not apply to SO2 for
the Area. For these reasons, EPA
proposes to find that Florida has
satisfied all applicable requirements for
purposes of redesignation of the Nassau
County Area under section 110 and part
D of title I of the CAA.
EPA has fully approved the applicable
Florida SIP for the Nassau County Area
under section 110(k) of the CAA for
purposes of redesignation. EPA may rely
on prior SIP approvals in approving a
redesignation request (see Calcagni
Memorandum at p. 3, Southwestern
Pennsylvania Growth Alliance v.
Browner, 144 F.3D 984, 989–90 (6th Cir.
1998); Wall, 265 F.3d 426) plus any
additional measures it may approve in
conjunction with a redesignation action.
See 68 FR 25426 (May 12, 2003) and
citations therein. As mentioned above,
EPA fully approved the State’s
nonattainment SIP and approved
Criterion (3)—The Air Quality
Improvement in the Nassau County
Area Is Due to Permanent and
Enforceable Reductions in Emissions
Resulting From Implementation of the
SIP and Applicable Federal Air
Pollution Control Regulations and Other
Permanent and Enforceable Reductions
For redesignating a nonattainment
area to attainment, the CAA requires
EPA to determine that the air quality
improvement in the area is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the SIP, applicable
Federal air pollution control
regulations, and other permanent and
enforceable reductions (CAA section
107(d)(3)(E)(iii)). EPA proposes to
determine that Florida has
demonstrated that the observed air
quality improvement in the Nassau
County Area is due to permanent and
enforceable reductions in SO2 emissions
resulting from implementation of the
SIP, including SO2 control measures at
the Rayonier and WestRock facilities
since the nonattainment designation.
When EPA designated the Nassau
County Area as a nonattainment area for
the 2010 1-hour SO2 NAAQS, EPA
determined that operations at Rayonier
were the primary cause of the 2010 1hour SO2 NAAQS violations in the
Area. See 78 FR 47191.16 However,
Florida included the nearby WestRock
facility in its modeled attainment
demonstration because it determined
that WestRock was also a significant
contributor to elevated concentrations
within the defined nonattainment
area.17 The April 3, 2015, Nassau
County Area nonattainment SIP revision
was based on this determination and
successfully reduced ambient
concentrations below the 1-hour SO2
NAAQS by only requiring emissions
reductions at Rayonier and WestRock.
Rayonier received an air construction
permit 18 on April 12, 2012, from FDEP
to lower SO2 maximum allowable
emission rates on all three of its SO2
emitting units—EU 005, EU 006, and EU
022—based on a 3-hour rolling average.
The construction permit authorized a
stack height increase for the vent gas
scrubbing system (EU 005) from 110 feet
(ft.) to at least 165 ft. to improve
dispersion (the final as-built height is
180 feet) and lowered the allowable SO2
emission limit to 100 ppm (25.3 lb/hr).
The permit also lowered the allowable
SO2 emission limit for the Recovery
Boiler (EU 006) to 250 parts per million
(volumetric dry (297 lb/hr)) and lowered
the allowable SO2 emission limit for the
No. 6 Power Boiler (EU 022) from 420
lb/hr to 180 lb/hr.19 All three SO2 units
have in-stack continuous emission
monitoring systems (CEMS) for SO2 to
ensure compliance with their SO2
emission limits. FDEP estimated that
Rayonier’s allowable SO2 emissions
(total from sum of all three controlled
units) were reduced from 836.5 lb/hr to
502.3 lb/hr, representing a 40 percent
decrease. The construction project was
completed in the second quarter of
2014, and the emission limitations for
all three controlled units were
established in air construction permit
(Permit No. 0890004–036–AC) on April
12, 2012, and incorporated into the
source’s Title V operating permit
(Permit No. 0890004–042–AV) 20 on
May 6, 2014. The limitations became
effective the date that the Title V permit
revision was issued. EPA incorporated
these new SO2 emissions limits,
operating parameters, and compliance
monitoring, recordkeeping, and
reporting requirements from the air
construction permit into the Florida SIP
on July 3, 2017, making these controls
permanent and enforceable. See 82 FR
30749 (July 3, 2017). Table 3
summarizes the changes at the Rayonier
facility.
15 CAA section 176(c)(4)(E) requires states to
submit revisions to their SIPs to reflect certain
federal criteria and procedures for determining
transportation conformity. Transportation
conformity SIPs are different from the motor vehicle
emission budgets that are established in control
strategy SIPs and maintenance plans.
16 See Final Technical Support Document, July
2013, Florida First Round of Nonattainment Area
Designations for the 2010 SO2 Primary NAAQS,
Prepared by EPA Region 4. This document is
available at Docket ID: EPA–HQ–OAR–2012–0233–
0307.
17 FDEP modeled actual emissions at the time of
area designations which revealed contributing
impacts throughout the NAA due to emissions from
WestRock (formerly RockTenn). See 82 FR 30749
(July 3, 2017) and Docket ID: EPA–R04–OAR–2015–
0623.
18 See air construction permit 0890004–036–AC
issued by FDEP on April 12, 2012, located in the
docket for this action.
19 Rayonier considered two emissions limits for
EU 022—180 lb/hr SO2 at the current stack height
of 190 ft; or 250 lb/hr SO2 if the stack height was
increased to 210 ft. However, the stack height for
EU 022 No.6 power boiler was not increased, and
therefore, the final limit emission limit is 180 lb/
hr.
20 See Title V operating permit 0890004–042–AV
issued by FDEP on May 6, 2014, located in the
docket for this action.
B. The Nassau County Area Has a Fully
Approved Applicable SIP Under Section
110(k) of the CAA
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Florida’s SIP revisions related to the
section 110 requirements for the 2010
SO2 NAAQS, with the exception of the
interstate transport elements at section
110(a)(2)(D)(i)(I). See 82 FR 30749 (July
3, 2017) and 81 FR 67179 (September
30, 2016), respectively.
As discussed above, EPA believes that
the section 110 elements that are neither
connected with nonattainment plan
submissions nor linked to an area’s
nonattainment status are not applicable
requirements for purposes of
redesignation.
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TABLE 3—RAYONIER FACILITY SO2 SOURCE CHANGES
SO2 Emission limit *
Stack height
Source
Previous
Current
Previous
Current
EU 005–Vent Gas Scrubber ...........
250 ppm (63.2 lb/hr) ......................
100 ppm (25.3 lb/hr) ......................
110 ft
180 ft
EU 006—Recovery Boiler ..............
300 ppm (353.3 lb/hr) ....................
250 ppm (297 lb/hr) .......................
No change
EU 022—No. 6 Power Boiler .........
420 lb/hr .........................................
180 lb/hr .........................................
No change
* All previous and new SO2 emission limits are 3-hour rolling averages.
For WestRock, FDEP issued an air
construction permit (Permit No.
0890003–046–AC) 21 on January 9, 2015,
authorizing two phases of physical and
operational changes to the four largest
SO2 emitting units—No. 5 Power Boiler
(EU 006), No. 4 Recovery Boiler (EU
007), No. 5 Recovery Boiler (EU 011),
and No. 7 Recovery Boiler (EU 015).
WestRock implemented physical
upgrades to the No. 4 and No. 5
recovery boilers to achieve a more stable
and consistent combustion and
chemical recovery process. These
physical improvements resulted in an
individual permitted allowable
emission rate of 150 lb/hr for each
recovery boiler or a combined 300.0 lb/
hr SO2 emission cap for both units on
a 3-hour block average. These
individual and combined emission
limits were effective January 1, 2018.
For the two power boilers, a pipeline
was constructed to reroute low volume,
high concentration non-condensable gas
(NCGs) to the No. 7 power boiler, and
a white liquor scrubber system was
installed upstream of the NCGs to
remove total reduced sulfur before
combustion. These NCGs were
previously collected and burned in the
No. 5 power boiler completed in
December, but the rerouting and
scrubbing of NCGs allowed for a
significant reduction in SO2 emissions
from the No. 5 Power Boiler lowering
the allowable SO2 emissions from 550
lb/hr to 15.0 lb/hr based on a 3-hour
block average and representing a 97
percent decrease in SO2 emissions
(without any increase in the emission
limit of the No. 7 Power Boiler). The
15.0 lb/hr limit was effective beginning
January 31, 2016 (except when the
boiler was used as a control device for
NCG through November 30, 2017). In
addition, effective January 31, 2016, the
No. 5 Power boiler ceased burning of
No. 6 fuel oil. Effective December 1,
2017, after the rerouting and scrubbing
of NCGs was complete, the No. 5 power
boiler was no longer used as a backup
NCG control device.
The new emission limits for three of
the four controlled units were
established in an air construction permit
(Permit No. 0890004–046–AC) on
January 9, 2015, and incorporated into
the source’s Title V operating permit
(Permit No. 0890003–055–AV) 22 on
November 14, 2017. All four SO2 units
have in-stack CEMS for SO2 to ensure
compliance with their SO2 emission
limits in accordance with section
113(a)(1) of the CAA.23 EPA
incorporated these new SO2 emissions
limits for three of the four controlled
emission units, operating parameters,
and compliance monitoring,
recordkeeping and reporting
requirements from the air construction
permit into the Florida SIP on July 3,
2017, making these controls permanent
and enforceable. See 82 FR 30749 (July
3, 2017). Table 4 summarizes each of the
source changes at the WestRock facility.
TABLE 4—WESTROCK FACILITY SO2 SOURCE CHANGES
SO2 Emission limit
Source
EU 006—No. 5 Power Boiler
EU 007—No. 4 Recovery
Boiler ***.
EU 011—No. 5 Recovery
Boiler ***.
Other changes
Previous
Current *
550 lb/hr ** .........................
None ..................................
15.0 lb/hr ...........................
300.0 lb/hr cap ..................
None ..................................
EU 015—No. 7 Power Boiler
Removal of NCGs.
Improvements made to combustion air system.
Improvements made to combustion air system.
No Change
Addition of NCG pipeline for backup combustion
(white liquor scrubber added upstream).
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* All new SO2 emission limits are 3-hour block averages.
** 24-hour average.
*** SO2 emissions from each recovery boiler shall not exceed 150.0 lb/hour based on 3-hour block average.
Rayonier’s previous allowable SO2
limit was 3,663.87 tons per year (tpy),
and WestRock’s previous allowable SO2
limit was 12,286.69 tpy. The new
maximum allowable emissions are
2,200.07 and 6,746.08 tpy for Rayonier
and WestRock, respectively,
corresponding to a combined reduction
of approximately 44 percent in
allowable SO2 emissions. The air quality
improvement in the Nassau County
Area is due to permanent and
enforceable reductions in SO2 emissions
resulting from the control measures
identified above and incorporated into
the SIP.
21 See air construction permit 0890003–046–AC
issued by FDEP on January 9, 2015, located in the
docket for this action.
22 See Title V operating permit 0890003–055–AV
issued by FDEP on November 14, 2017, located in
the docket for this action.
23 Air construction permit 0890003–046–AC
requires that compliance with the combined SO2
emission cap be demonstrated by certified CEMS
data. See Condition 2 in Section 3.C.
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Criterion (4)—The Nassau County Area
Has a Fully Approved Maintenance
Plan Pursuant to Section 175A of the
CAA
For redesignating a nonattainment
area to attainment, the CAA requires
EPA to determine that the area has a
fully approved maintenance plan
pursuant to section 175A of the CAA.
See CAA section 107(d)(3)(E)(iv). In
conjunction with its request to
redesignate the Nassau County Area to
attainment for the 2010 1-hour SO2
NAAQS, Florida submitted a SIP
revision to provide for the maintenance
of the 2010 1-hour SO2 NAAQS for at
least 10 years after the effective date of
redesignation to attainment. EPA is
proposing to determine that this
maintenance plan meets the
requirements for approval under section
175A of the CAA.
a. What is required in a maintenance
plan?
Section 175A of the CAA sets forth
the elements of a maintenance plan for
areas seeking redesignation from
nonattainment to attainment. Under
section 175A, the plan must
demonstrate continued attainment of
the applicable NAAQS for at least 10
years after the Administrator approves a
redesignation to attainment. Eight years
after the redesignation, the state must
submit a revised maintenance plan
demonstrating that attainment will
continue to be maintained for the 10
years following the initial 10-year
period. To address the possibility of
future NAAQS violations, the
maintenance plan must contain
contingency measures as EPA deems
necessary to assure prompt correction of
any future 2010 1-hour SO2 violations.
The Calcagni Memorandum provides
further guidance on the content of a
maintenance plan, explaining that a
maintenance plan should address five
requirements: The attainment emissions
inventory; maintenance demonstration;
monitoring; verification of continued
attainment; and a contingency plan. As
is discussed more fully below, EPA is
proposing to determine that Florida’s
maintenance plan includes all the
necessary components and is thus
proposing to approve it as a revision to
the Florida SIP.
b. Attainment Emissions Inventory
An attainment inventory identifies a
level of emissions in the Area that is
sufficient to attain the NAAQS. In its
maintenance plan, Florida used 2013
actual emissions data to represent the
4419
attainment emissions inventory. As
identified above, the 2011–2013 design
value at the Fernandina Beach monitor
was below the NAAQS. SO2 emissions
data from Rayonier and WestRock
facilities, as included in the 2013
annual operating reports for all sources,
is presented in Table 5. Although
WestRock is located outside of the Area,
Florida included the nearby WestRock
facility in its modeled attainment
demonstration because it determined
that WestRock was also a significant
contributor to elevated concentrations
within the defined nonattainment area.
The complete attainment emissions
inventory is presented in Table 6.
Florida interpolated area and non-road
emissions for the Area for 2013 from the
2011 and 2014 National Emissions
Inventory (NEI) data for Nassau County
because the State is only required to
develop these inventories on a triennial
period in accordance with the NEI and
subpart A to 40 CFR part 51. The 2013
estimated emissions were then allocated
to the Area based on the Area’s fraction
of land area within the county. The
State estimated on-road emissions for
the Area with MOVES2014a, and then
allocated them to the Area based on the
Area’s fraction of land area within the
county.
TABLE 5—2013 SO2 EMISSIONS INVENTORY FOR RAYONIER AND WESTROCK FACILITIES
EU ID
2013 SO2
Emissions
(tons)
Unit description
Rayonier Facility SO2 Emissions
005 ..............................................................................................
Vent Gas Scrubber .....................................................................
14.84
006 ..............................................................................................
022 ..............................................................................................
Recovery Boiler ..........................................................................
No. 6 Power Boiler .....................................................................
470.56
6.30
Total .....................................................................................
.....................................................................................................
491.70
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WestRock Facility SO2 Emissions
006 ..............................................................................................
No. 5 Power Boiler .....................................................................
007
011
013
014
015
021
..............................................................................................
..............................................................................................
..............................................................................................
..............................................................................................
..............................................................................................
..............................................................................................
No.
No.
No.
No.
No.
No.
Recovery Boiler ................................................................
Recovery Boiler ................................................................
Smelt Dissolving Tank ......................................................
Smelt Dissolving Tank ......................................................
Power Boiler .....................................................................
Lime Kiln ...........................................................................
134.32
128.91
1.45
1.37
2,793.45
26.70
Total .....................................................................................
.....................................................................................................
3,146.49
Total All Point Sources ................................................
.....................................................................................................
3,638.19
4
5
4
5
7
4
60.29
TABLE 6—2013 ATTAINMENT EMISSIONS INVENTORY FOR THE NASSAU COUNTY AREA
Source type
Point
Area
Non-road
On-road
Total
2013 SO2 Emissions (tons) .................................................
3,638.19
0.72
0.01
0.11
3,639.03
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For additional information regarding
the development of the attainment year
inventory, please see Appendix D to
Florida’s June 7, 2018, SIP submittal.
c. Maintenance Demonstration
Maintenance of the SO2 standard is
demonstrated either by showing that
future emissions will not exceed the
level of the attainment emissions
inventory year or by modeling to show
that the future mix of sources and
emission rates will not cause a violation
of the NAAQS.
To evaluate maintenance through
2032 and satisfy the 10-year interval
required in CAA section 175A, Florida
prepared projected emissions
inventories for 2020–2032. The
emissions inventories are composed of
the following general source categories:
Point, area, non-road mobile, and onroad mobile. The emissions inventories
were developed consistent with EPA
guidance and are summarized in Table
7. Florida compared projected emissions
for the final year of the maintenance
plan (2032) to the attainment emissions
inventory year (2013) and compared
interim years to the attainment
emissions inventory year to demonstrate
continued maintenance of the 2010 1hour SO2 standard. For additional
information regarding the development
of the projected inventories, please see
Appendix D to Florida’s June 7, 2018,
SIP submittal.
TABLE 7—PROJECTED FUTURE EMISSIONS INVENTORIES FOR THE AREA
Projected
2020 SO2
emissions
(tons)
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Source type
Projected
2023 SO2
emissions
(tons)
Projected
2026 SO2
emissions
(tons)
Projected
2029 SO2
emissions
(tons)
Projected
2032 SO2
emissions
(tons)
Point .....................................................................................
Area ......................................................................................
Non-road ..............................................................................
On-road ................................................................................
3,638.19
0.93
0.01
0.05
3,638.19
0.98
0.01
0.05
3,638.19
1.03
0.01
0.05
3,638.19
1.08
0.01
0.04
3,638.19
1.12
0.01
0.04
Total ..............................................................................
3,639.18
3,639.23
3,639.28
3,639.32
3,639.37
In situations where local emissions
are the primary contributor to
nonattainment, such as the Nassau
County Area, if the future projected
emissions in the nonattainment area
remain at or below the baseline
emissions in the nonattainment area,
then the related ambient air quality
standards should not be exceeded in the
future. Florida has projected emissions
as described previously, and these
projections indicate that emissions in
the Nassau County Area will remain at
nearly the same levels as those in the
attainment year inventory for the
duration of the maintenance plan. While
these projections include a very small
increase in area source emissions from
2020 to 2032 (0.19 tons), the increase is
negligible when compared to the total
emissions inventory and EPA does not
believe that this projected increase
should cause an exceedance of the SO2
NAAQS through 2032. This belief is
supported by the fact and any increases
in actual emissions from Rayonier or
WestRock must remain below their
permitted levels, which were made
permanent and enforceable through
incorporation into the SIP. Furthermore,
any potential future SO2 emissions
sources that may locate in or near the
Area would be required to comply with
the FDEP’s approved NSR permitting
programs to ensure that the Area will
continue to meet the NAAQS.
As discussed in the SO2
Nonattainment Area Guidance, an
approved attainment plan that relies on
air quality dispersion modeling using
maximum allowable emissions, such as
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Florida’s attainment plan for the Area,
can generally be expected to
demonstrate that the standard will be
maintained for the requisite 10 years
and beyond without regard to any
changes in operation rate of the
pertinent sources that do not involve
increases in maximum allowable
emissions.24 EPA believes that the Area
will continue to maintain the standard
at least through the year 2032 because
the air quality modeling in the approved
attainment plan showed that the Area
would attain the standard based on
maximum allowable emissions limits at
Rayonier and WestRock that are
incorporated into the SIP, these sources
have fully implemented the permanent
and enforceable modeled limits and
controls, and the emissions reductions
from these measures are reflected in the
attaining design values for the Area.
d. Monitoring Network
The Fernandina Beach monitor (12–
089–0005) is the only SO2 monitor
located within the Nassau County Area,
and the 2010 1-hour SO2 nonattainment
designation was based on data collected
from 2009–2011 at this monitor. In its
maintenance plan, Florida has
committed to continue operating an
appropriate SO2 monitoring network,
consult with EPA prior to making any
changes to the existing network, and
continue to quality assure the
monitoring data in accordance with 40
CFR part 58. Therefore, Florida has
addressed the requirement for
24 See
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monitoring. FDEP’s monitoring network
plan was submitted on June 30, 2017,
and approved by EPA on October 19,
2017.
e. Verification of Continued Attainment
The State of Florida, through FDEP,
has the legal authority to enforce and
implement all measures necessary to
attain and maintain the NAAQS.
Section 403.061(35), Florida Statutes,
authorizes the Department to ‘‘exercise
the duties, powers, and responsibilities
required of the state under the federal
Clean Air Act.’’ This includes
implementing and enforcing all
measures necessary to attain and
maintain the NAAQS. In addition, FDEP
will use emissions data submitted by
Rayonier and WestRock through annual
operating reports to verify continued
compliance with the permitted
emissions rates that were shown
through the modeling demonstration in
the attainment plan to be sufficient to
provide for maintenance of the 2010 1hour SO2 NAAQS throughout the Area.
Any increases in actual emissions from
Rayonier or WestRock must remain
below their permitted levels, which
were made permanent and enforceable
through incorporation into the SIP.
Furthermore, any potential future SO2
emissions sources that may locate in or
near the Area would be required to
comply with the FDEP’s approved NSR
permitting programs to ensure that the
Area will continue to meet the NAAQS.
In addition to assuring continued
attainment in this manner, FDEP will
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verify continued attainment through
operation of the monitoring network.
f. Contingency Measures in the
Maintenance Plan
Section 175A of the CAA requires that
a maintenance plan include such
contingency measures as EPA deems
necessary to assure that the state will
promptly correct a violation of the
NAAQS that occurs after redesignation.
The maintenance plan should identify
the contingency measures to be adopted,
a schedule and procedure for adoption
and implementation, and a time limit
for action by the state. In cases where
attainment revolves around compliance
of a single source or a small set of
sources with emissions limits shown to
provide for attainment, the EPA
interprets ‘‘contingency measures’’ to
mean that the state agency has a
comprehensive program to identify
sources of violations of the SO2 NAAQS
and to undertake aggressive follow-up
for compliance and enforcement,
including expedited procedures for
establishing enforceable consent
agreement pending the adoption of
revised SIPs.25 A state should also
identify specific indicators to be used to
determine when the contingency
measures need to be implemented. The
maintenance plan must include a
requirement that a state will implement
all measures with respect to control of
the pollutant that were contained in the
SIP before redesignation of the area to
attainment in accordance with section
175A(d).
The contingency plan included in the
maintenance plan contains triggers to
determine when contingency measures
are needed and what kind of measures
should be used. Upon notification by
the FDEP Office of Air Monitoring that
the Fernandina Beach monitor has
registered SO2 levels in excess of the
standard for a fourth time during a
calendar year, FDEP will notify
Rayonier and WestRock of the
occurrence of the fourth high
exceedance. Upon notification by FDEP
of a confirmed fourth high
exceedance,26 Rayonier and WestRock
will, without any further action by
FDEP or EPA, undertake a full system
audit of all emissions units subject to
control under the attainment plan.
Within 10 days of notification of the
confirmed fourth high exceedance, each
source will independently submit a
written system audit report to FDEP
summarizing all operating parameters of
25 See
SO2 Nonattainment Area Guidance at p.69.
26 Confirmation of a fourth high exceedance over
the SO2 NAAQS would be made after quality
assurance activities are completed, but not
necessarily with FDEP-certified data.
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all emissions units for four 10-day
periods up to and including the dates of
the exceedances together with
recommended provisional SO2 emission
control strategies for each affected unit
and evidence that these control
strategies have been deployed, as
appropriate. Upon receipt of the abovementioned reports, FDEP will then
begin a 30-day evaluation of these
reports to determine the cause of the
exceedances, followed by a 30-day
consultation period with the sources to
develop and implement appropriate
operational changes. At the end of the
consultation period, FDEP will mandate
operational changes identified by the
written system audit to prevent any
future violation of the NAAQS. Any
necessary changes would be
implemented as soon as practicable,
with at least one implemented within
18–24 months of the monitored
violation, in order to bring the Area into
attainment as expeditiously as possible.
These changes could include, but would
not be limited to:
• Fuel switching to reduce or
eliminate the use of sulfur-containing
fuels;
• Combustion air system
enhancement;
• Vent gas scrubber enhancement;
• White liquor scrubber
enhancement; and/or
• Physical or operational reduction of
production capacity, as appropriate.
If a permit modification is necessary,
the State would issue a final permit in
accordance to Sections 120 and 403 of
the Florida Statutes. Subsequently,
Florida would submit any relevant
permit change to EPA as a sourcespecific SIP revision to make the change
permanent and enforceable. In addition
to including these contingency
measures in the maintenance plan,
Florida also stated that all existing
control measures will remain in effect
after redesignation.
EPA has preliminarily concluded that
the maintenance plan adequately
addresses the five basic components of
a maintenance plan: The attainment
emissions inventory; maintenance
demonstration; monitoring; verification
of continued attainment; and a
contingency plan. Therefore, EPA
proposes to determine that the
maintenance plan for the Area meets the
requirements of section 175A of the
CAA and proposes to incorporate the
maintenance plan into the Florida SIP.
VI. What is the effect of EPA’s proposed
actions?
Approval of Florida’s redesignation
request would change the legal
designation of the portion of Nassau
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4421
County that is within the Nassau County
Area, as found at 40 CFR part 81, from
nonattainment to attainment for the
2010 1-hour SO2 NAAQS. Approval of
Florida’s associated SIP revision would
also incorporate a plan for maintaining
the 2010 1-hour SO2 NAAQS in the
Nassau County Area through 2032 into
the SIP.
VII. Proposed Actions
EPA is proposing to take three
separate but related actions regarding
the redesignation request and associated
SIP revision for the Nassau County
Area.
First, EPA is proposing to determine
that the Area attained the 2010 1-hour
SO2 NAAQS by its attainment date of
October 4, 2018. This determination is
being proposed in accordance with
section 179(c)(1) of the CAA.
Second, EPA is proposing to approve
the maintenance plan for the Area and
to incorporate it into the SIP. As
described above, the maintenance plan
demonstrates that the Area will
continue to maintain the 2010 1-hour
SO2 NAAQS through 2032.
Third, EPA is proposing to approve
Florida’s request for redesignation of the
Area from nonattainment to attainment
for the 2010 1-hour SO2 NAAQS. If
finalized, approval of the redesignation
request for the Nassau County Area
would change the official designation of
the portion of Nassau County, Florida,
encompassing the circular boundary
with the center being UTM Easting
455530 meters, UTM Northing 3391737
meters, UTM zone 17, using the NAD83
datum (the location of the ambient
monitor in the Area) and the radius
being 2.4 kilometers, as found at 40 CFR
part 81, from nonattainment to
attainment for the 2010 1-hour SO2
NAAQS.
VIII. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
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Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, these proposed
actions merely propose to approve state
law as meeting Federal requirements
and do not impose additional
requirements beyond those imposed by
state law. For this reason, these
proposed actions:
• Are not significant regulatory
actions subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Are not Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
actions because redesignations and SIP
approvals are exempted under
Executive Order 12866;
• Do not impose information
collection burdens under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Do not contain any unfunded
mandates or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Are not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Will not have disproportionate
human health or environmental effects
under Executive Order 12898 (59 FR
7629, February 16, 1994).
This redesignation action is not
approved to apply on any Indian
reservation land or in any other area
where EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
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List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping, Sulfur
dioxide.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 5, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019–02536 Filed 2–14–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2018–0035; FRL–9989–31–
Region 5]
Revision of Sheboygan County,
Wisconsin Nonattainment Designation
for the 1997 and 2008 Ozone Standards
and Clean Data Determination for the
2008 Ozone Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
request from Wisconsin to revise the
designation for the Sheboygan
nonattainment area for the 1997 primary
and secondary ozone National Ambient
Air Quality Standards (NAAQS) and the
2008 primary and secondary ozone
NAAQS, by splitting the existing area
into two distinct nonattainment areas
that together cover the identical
geographic area of the existing
nonattainment area. This revised
designation is supported by air quality
data, emissions and emissions-related
data, meteorology, geography/
topography, and jurisdictional
boundaries. Both areas would retain
their nonattainment designation and
Moderate classification. In this action,
EPA is also proposing to make a clean
data determination for one of the two
separate areas for the 2008 ozone
NAAQS.
DATES: Comments must be received on
or before March 18, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2018–0035 at https://
www.regulations.gov, or via email to
SUMMARY:
PO 00000
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aburano.douglas@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, 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, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For 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: Eric
Svingen, Environmental Engineer,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–4489,
svingen.eric@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. Background
II. Wisconsin’s Submittal and Supporting
Information
III. Proposed Actions
IV. Statutory and Executive Order Reviews
I. Background
Following promulgation of a new or
revised NAAQS, EPA is required by
section 107(d)(1) of the Clean Air Act
(CAA) to designate areas throughout the
United States as attainment,
nonattainment, or unclassifiable for the
NAAQS.
On July 18, 1997, EPA revised the
former 1-hour ozone primary and
secondary standards and replaced them
with 8-hour standards at a level of 0.08
parts per million (ppm) (40 CFR 50.10).
On April 30, 2004, EPA designated the
entirety of Sheboygan County in
Wisconsin as nonattainment for the
1997 ozone NAAQS, based on air
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]]>Agencies
[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Proposed Rules]
[Pages 4411-4422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02536]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2018-0523; FRL-9989-57-Region 4]
Air Plan Approval and Designation of Areas; FL; Redesignation of
the Nassau County 2010 1-Hour Sulfur Dioxide Nonattainment Area to
Attainment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In a letter dated June 7, 2018, the State of Florida, through
the Florida Department of Environmental Protection (FDEP), submitted a
request for the Environmental Protection Agency (EPA) to redesignate
the Nassau County sulfur dioxide (SO2) nonattainment area
(hereinafter referred to as the ``Nassau County Area'' or ``Area'') to
attainment for the 2010 1-hour SO2 primary national ambient
air quality standard (NAAQS) and to approve an accompanying state
implementation plan (SIP) revision containing a maintenance plan for
the Area. The submittal was received by EPA on June 12, 2018. EPA is
proposing to determine that the Nassau County Area attained the 2010 1-
hour SO2 NAAQS by its applicable attainment date of October
4, 2018; to approve the SIP revision containing the State's plan for
maintaining attainment of the 2010 1-hour SO2 standard and
to incorporate the maintenance plan into the SIP; and to redesignate
the Nassau County Area to attainment for the 2010 1-hour SO2
NAAQS.
DATES: Comments must be received on or before March 18, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0523 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Madolyn Sanchez, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. Ms. Sanchez may be reached by phone at (404) 562-9644 or
via electronic mail at sanchez.madolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What are the actions EPA is proposing to take?
EPA is proposing to take the following three separate but related
actions: (1) To determine that the Nassau County Area attained the 2010
SO2 NAAQS by its applicable attainment date of October 4,
2018; (2) to approve Florida's maintenance plan for maintaining the
2010 1-hour SO2 NAAQS in the Area and incorporate it into
the SIP; and (3) to redesignate the Nassau County Area to attainment
for the 2010 1-hour SO2 NAAQS. The Nassau County Area is
comprised of the portion of Nassau County encompassing the circular
boundary with the center being Universal Transverse Mercator (UTM)
Easting 455530 meters, UTM Northing 3391737 meters, UTM zone 17, using
the NAD83 datum (the location of the ambient SO2 monitor in
the Area) and the radius being 2.4 kilometers (km). The only point
source of SO2 emissions within the Nassau County Area is a
pulp and paper mill--Rayonier Performance Fibers, LLC Fernandina Beach
Sulfite Pulp Mill (Rayonier). An additional pulp and paper mill--
WestRock CP, LLC Fernandina Beach Mill (WestRock)--is located
immediately adjacent to the Area and is the largest source of
SO2 within 25 km outside of the nonattainment area.
EPA is proposing to determine that the Nassau County Area attained
the 2010 SO2 NAAQS by its applicable attainment date of
October 4, 2018. EPA is also proposing to approve Florida's SIP
revision containing the maintenance plan for the Nassau County Area in
accordance with the requirements of section 175A of the Clean Air Act
(CAA or Act). The maintenance plan submitted with Florida's request for
redesignation is intended to help keep the Nassau County Area in
attainment of the 2010 1-hour SO2 NAAQS through the year
2032.
EPA is also proposing to determine that the Nassau County Area has
met the requirements for redesignation under section 107(d)(3)(E) of
the CAA. Accordingly, EPA is proposing to approve a request to change
the legal designation of the portion of Nassau County that is
designated nonattainment to attainment for the 2010 1-hour
SO2 NAAQS.
II. Background
On June 2, 2010, EPA revised the primary SO2 NAAQS,
establishing a new 1-hour SO2 standard of 75 parts per
billion (ppb). See 75 FR 35520 (June 22, 2010). Under EPA's regulations
at 40 CFR part 50, the 2010 1-hour SO2 NAAQS is met at a
monitoring site when the 3-year average of the annual 99th percentile
of daily maximum 1-hour average concentrations is less than or equal to
75 ppb (based on the rounding convention in 40 CFR part 50, appendix
T). See 40 CFR 50.17. Ambient air quality monitoring data for the 3-
year period must meet a data completeness requirement. A year meets
data completeness requirements when all four quarters are complete, and
a quarter is complete when at least 75 percent of the sampling days for
each quarter have complete data. A sampling day has complete data if 75
percent of the hourly concentration values, including state-flagged
data affected by exceptional events which have been approved for
exclusion by the Administrator, are reported.\1\
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\1\ See 40 CFR part 50, appendix T, section 3(b).
---------------------------------------------------------------------------
Upon promulgation of a new or revised NAAQS, the CAA requires EPA
to designate as nonattainment any area that does not meet (or that
contributes to ambient air quality in a nearby area that does not meet)
the NAAQS. EPA designated the Area as nonattainment for the 2010 1-hour
SO2 NAAQS, effective on October 4, 2013, using 2009-2011
complete, quality assured, and certified ambient air quality data. See
78 FR 47191 (August 5, 2013). Under the CAA, nonattainment areas must
attain the NAAQS as expeditiously as practicable but not later than
five years after the October 4, 2013, effective date of the
designation. See CAA section 192(a). Therefore, the Nassau County
[[Page 4412]]
Area's applicable attainment date was no later than October 4, 2018.
EPA's 2010 SO2 nonattainment designation for the Area
triggered an obligation for Florida to develop a nonattainment SIP
revision addressing certain requirements under title I, part D, subpart
1 (hereinafter ``Subpart 1''), and to submit that SIP revision to EPA
in accordance with the deadlines in title I, part D, subpart 5
(hereinafter ``Subpart 5''). Subpart 1 contains the general
requirements for nonattainment areas for criteria pollutants, including
requirements to develop a SIP that provides for the implementation of
reasonably available control measures (RACM), requires reasonable
further progress (RFP), includes base-year and attainment-year
emissions inventories, a SIP-approved nonattainment new source review
(NNSR) permitting program that accounts for growth in the area,
enforceable emission limitations and other such control measures, and
provides for the implementation of contingency measures. This SIP
revision was due within 18 months following the October 4, 2013,
effective date of designation (i.e., April 4, 2015). See CAA section
191(a). Florida submitted a nonattainment SIP revision to EPA on April
3, 2015.
On July 3, 2017 (82 FR 30749), EPA approved Florida's April 3,
2015, SO2 nonattainment SIP revision. This SIP revision
provided a modeled attainment demonstration and satisfied the required
nonattainment planning requirements mentioned above for the Nassau
County Area. The revision included a base year emissions inventory, a
modeling demonstration of attainment for the 2010 SO2 NAAQS,
RACM/Reasonably Available Control Technology (RACT), a RFP plan, NNSR
permitting program, and contingency measures for the Nassau County
Area. As discussed in Section V, below, the nonattainment SIP revision
included permit conditions to reduce SO2 emissions at the
Rayonier and WestRock facilities.
III. What are the criteria for redesignation?
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) of the CAA
allows for redesignation provided that the following criteria are met:
(1) The Administrator determines that the area has attained the
applicable NAAQS; (2) the Administrator has fully approved the
applicable implementation plan for the area under section 110(k); (3)
the Administrator determines that the improvement in air quality is due
to permanent and enforceable reductions in emissions resulting from
implementation of the applicable SIP and applicable federal air
pollutant control regulations, and other permanent and enforceable
reductions; (4) the Administrator has fully approved a maintenance plan
for the area as meeting the requirements of section 175A; and (5) the
state containing such area has met all requirements applicable to the
area for purposes of redesignation under section 110 and part D of the
CAA.
On April 16, 1992 (57 FR 13498), EPA provided guidance on
redesignations in the General Preamble for the Implementation of title
I of the CAA Amendments of 1990 and supplemented this guidance on April
28, 1992 (57 FR 18070). EPA has provided further guidance on processing
redesignation requests in the following documents:
1. ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (hereinafter referred to as
the ``Calcagni Memorandum'');
2. ``State Implementation Plan (SIP) Actions Submitted in
Response to Clean Air Act (CAA) Deadlines,'' Memorandum from John
Calcagni, Director, Air Quality Management Division, October 28,
1992;
3. ``Part D New Source Review (Part D NSR) Requirements for
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary
D. Nichols, Assistant Administrator for Air and Radiation, October
14, 1994; and
4. ``Guidance for 1-Hour SO2 Nonattainment Area SIP
Submissions,'' Memorandum from Stephen D. Page, April 23, 2014
(hereinafter referred to as the ``SO2 Nonattainment Area
Guidance'').
EPA's SO2 Nonattainment Area Guidance discusses the CAA
requirements that air agencies need to address when implementing the
2010 SO2 NAAQS in areas designated as nonattainment for the
standard. The guidance includes recommendations for air agencies to
consider as they develop SIPs to satisfy the requirements of sections
110, 172, 175A, 191, and 192 of the CAA to show future attainment and
maintenance of the 2010 SO2 NAAQS. Additionally, the
SO2 nonattainment guidance provides recommendations for air
agencies to consider as they develop redesignation requests and
maintenance plans to satisfy the requirements of sections 107(d)(3)(E)
and 175A.
IV. Why is EPA proposing these actions?
Through a letter dated June 7, 2018, FDEP submitted a request for
EPA to redesignate the Nassau County Area to attainment for the 2010 1-
hour SO2 NAAQS and submitted an associated SIP revision
containing a maintenance plan. EPA's evaluation indicates that the
Nassau County Area meets the requirements for redesignation as set
forth in section 107(d)(3)(E), including the maintenance plan
requirements under section 175A of the CAA. As a result of this
evaluation, EPA is proposing to determine that the Area has attained
the 2010 1-hour SO2 NAAQS by its attainment date of October
4, 2018, in accordance with section 179(c)(1) of the CAA based upon air
monitoring data for 2015-2017 and air quality dispersion modeling
analyses.\2\ EPA is also proposing to approve Florida's maintenance
plan for maintaining the 2010 1-hour SO2 NAAQS in the Area
and incorporate it into the SIP and to redesignate the Nassau County
Area to attainment for the 2010 1-hour SO2 NAAQS.
---------------------------------------------------------------------------
\2\ Section 179(c)(1) reads as follows: ``As expeditiously as
practicable after the applicable attainment date for any
nonattainment area, but not later than 6 months after such date, the
Administrator shall determine, based on the area's air quality as of
the attainment date, whether the area attained the standard by that
date.''
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V. What is EPA's analysis of the redesignation request and SIP
revision?
As stated above, in accordance with the CAA, EPA proposes to: (1)
To determine that the Nassau County Area attained the 2010 1-hour
SO2 NAAQS by its attainment date of October 4, 2018; (2) to
approve Florida's maintenance plan for maintaining the 2010 1-hour
SO2 NAAQS in the Area and incorporate it into the SIP; and
(3) to redesignate the Nassau County Area to attainment for the 2010 1-
hour SO2 NAAQS.
The five redesignation criteria provided under CAA section
107(d)(3)(E) are discussed in greater detail for the Nassau County Area
in the following paragraphs.
Criterion (1)--The Administrator Determines That the Area Has Attained
the NAAQS
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the area has attained the applicable
NAAQS (CAA section 107(d)(3)(E)(i)). As discussed in section VIII.A of
the SO2 Nonattainment Area Guidance, there are generally two
components needed to support an attainment determination for
SO2, which should be considered interdependently.\3\ The
first component relies on air quality monitoring data. For
SO2, any available monitoring data
[[Page 4413]]
would need to indicate that all monitors in the affected area are
meeting the standard as stated in 40 CFR 50.17 using data analysis
procedures specified in 40 CFR part 50, Appendix T. The second
component relies on air quality modeling data. If there are no air
quality monitors located in the affected area, or there are air quality
monitors located in the area, but analyses show that none of the
monitors are located in the area of maximum concentration,\4\ then air
quality dispersion modeling will generally be needed to estimate
SO2 concentrations in the area. Such dispersion modeling
should be conducted to estimate SO2 concentrations
throughout the nonattainment area using actual emissions and
meteorological information for the most recent three calendar years.
However, EPA may also make determinations of attainment based on the
modeling from the attainment demonstration for the applicable SIP for
the affected area, eliminating the need for separate actuals-based
modeling to support the determination that an area is currently
attaining. If the air agency has previously submitted a modeled
attainment demonstration using allowable emissions, no further modeling
is needed as long as the source characteristics are still reasonably
represented.
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\3\ SO2 is primarily a localized, source-specific
pollutant, and therefore, SO2 control measures are, by
definition, based on what is directly and quantifiably necessary to
attain the NAAQS.
\4\ See section VIII.A of the SO2 Nonattainment Area
Guidance.
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Florida's pre- and post-modification attainment demonstration
modeling indicates that the Fernandina Beach monitor is not sited in
the area of maximum concentration for both the Rayonier and West Rock
SO2 sources, and therefore the clean monitoring data at the
Fernandina Beach monitor does not on its own demonstrate that the Area
is currently attaining the 1-hour SO2 NAAQS. EPA's proposed
approval of Florida's redesignation and maintenance plan SIP for the
Nassau County Area is also based on the modeled attainment
demonstration that includes permanent and enforceable SO2
controls and emissions limits at Rayonier and WestRock showing
attainment of the 2010 SO2 standard by the statutory
deadline. EPA approved the attainment demonstration for the Nassau Area
on July 3, 2017, and incorporated the new allowable emission rates and
control measures into the SIP, making them permanent and enforceable.
See 82 FR 30749. These permanent and enforceable measures were fully
implemented at Rayonier during the second quarter of 2014 and at
WestRock in December 2017.
For SO2, a location may be considered to be attaining
the 2010 1-hour SO2 NAAQS if it meets the NAAQS as
determined in accordance with 40 CFR 50.17 and Appendix T of part 50,
based on three complete, consecutive calendar years of quality-assured
air quality monitoring data. Specifically, to attain the NAAQS at each
monitoring site, the 3-year average of the annual 99th percentile
(fourth highest value) of 1-hour daily maximum concentrations measured
at each monitor within an area must be less than or equal to 75 ppb.
The data must be collected and quality-assured in accordance with 40
CFR part 58 and recorded in the EPA Air Quality System (AQS). The
monitors should have remained at the same location for the duration of
the monitoring period required for demonstrating attainment.
FDEP currently operates one ambient SO2 monitor in the
Area, the Fernandina Beach SO2 monitor (AQS ID: 12-089-
0005). This monitor is located approximately 0.9 km southeast of
Rayonier and 2.5 km south of WestRock. The original nonattainment
designation was based on the 2009-2011 design value of 129 ppb at this
monitor. As shown in Table 1, the design values at this monitor have
decreased since 2011, and the quality-assured, complete, and certified
2015-2017 3-year design value is 43 ppb, well below the 2010 1-hour
SO2 standard of 75 ppb. Since 2011, the annual fourth high
value has remained below the standard and there have been no 1-hour
values recorded above the standard since late 2014. The significant
decrease in SO2 concentrations is due to the implementation
of the permanent and enforceable control measures at Rayonier and
WestRock.
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\5\ The 2017 data is available at https://www.epa.gov/outdoor-air-quality-data/monitor-values-report.
Table 1--Nassau County Area SO2 Monitored Design Values
[ppb]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2015-2017
Monitoring station (AQS Site ID) 2011-2013 2012-2014 2013-2015 2014-2016 Design value
Design value Design value Design value Design value \5\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fernandina Beach (12-089-0005)..................................... 70 ppb 57 ppb 58 ppb 51 ppb 43 ppb
--------------------------------------------------------------------------------------------------------------------------------------------------------
Preliminary monitoring data from the Fernandina Beach monitor for
2018 indicates that it continues to not record a violation of the
standard.\6\ EPA is proposing to determine that the Nassau County Area
has attained the 2010 1-hour SO2 NAAQS based primarily on
the modeling analysis discussed below, which is not contradicted by the
quality-assured, complete, and certified ambient air monitoring data
for the 2015-2017 period that does not indicate a NAAQS violation. If,
before EPA takes final action, monitoring data or other evidence causes
EPA to conclude that the Area is not continuing to meet the standard,
EPA will not go forward with the redesignation. As discussed in more
detail below, Florida has committed to continue monitoring ambient
SO2 concentrations in this Area in accordance with 40 CFR
part 58. Any future changes to the state or local air monitoring
station (SLAMS) network in the Area will be submitted to EPA for
approval in Florida's annual ambient air monitoring network plan, as
required by 40 CFR 58.10.
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\6\ Preliminary 2018 data is available at https://www.epa.gov/outdoor-air-quality-data/monitor-values-report.
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As discussed in Section VIII.A. of the SO2 Nonattainment
Area Guidance, air quality dispersion modeling will generally be needed
to demonstrate attainment in addition to attaining air quality
monitoring data (in accordance with 40 CFR 50.17 and Appendix T of part
50) if the existing monitor is not located in the area of maximum
concentration. The SO2 attainment demonstration submitted by
Florida on April 3, 2015, provided an air quality dispersion modeling
analysis demonstrating that the control strategies chosen by the State
to reduce SO2 emissions at Rayonier and WestRock would bring
the Area into attainment of the standard by the applicable attainment
date of October 4, 2018. On July 3, 2017 (82 FR 30749), EPA approved
this attainment demonstration along with Florida's control strategies
at these facilities. In its June 7, 2018,
[[Page 4414]]
redesignation request and maintenance plan, FDEP included the modeling
analysis from its attainment demonstration that demonstrates modeled
attainment within the Nassau County Area. Florida's redesignation
request states that the control strategies were fully implemented at
Rayonier during the second quarter of 2014 and at WestRock in December
2017. Details regarding the control strategies and emissions reductions
are provided in the Criterion (3) Section of this document. Details
regarding the modeling analysis are discussed in the following
paragraphs.
FDEP's modeling analysis was developed in accordance with EPA's
Guideline on Air Quality Models (Modeling Guideline) \7\ and the
SO2 Nonattainment Area Guidance, and was prepared using
EPA's preferred dispersion modeling system, the American Meteorological
Society/Environmental Protection Agency Regulatory Model (AERMOD)
consisting of the AERMOD (version 14134) \8\ model and multiple data
input preprocessors as described below. FDEP used regulatory default
options and the rural land use designation in the AERMOD modeling.
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\7\ See 40 CFR part 51 Appendix W (EPA's Guideline on Air
Quality Models) (January 17, 2017) located at https://www3.epa.gov/ttn/scram/appendix_w/2016/AppendixW_2017.pdf.
\8\ Version 14134 of the AERMOD Modeling System was the current
EPA-recommended regulatory version at the time the modeling was
performed in 2014-2015, and therefore was appropriate for the
modeling analysis.
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The pre-processors AERMET (version 14134) and AERMINUTE were used
to process five years (i.e., 2008-2012) of 1-minute meteorological data
from the Jacksonville National Weather Service Office (NWS) at the
Jacksonville International Airport, Jacksonville, Florida, surface
level site, based on FDEP's land use classifications, in combination
with twice daily upper-air meteorological information from the same
site. The Jacksonville International Airport is located approximately
28 km southeast from the Nassau County Area.
The AERMOD pre-processor AERMAP (version 11103) was used to
generate terrain inputs for the receptors, based on a digital elevation
mapping database from the National Elevation Dataset developed by the
U.S. Geological Survey. FDEP used AERSURFACE to generate direction-
specific land-use surface characteristics for the modeling.
The stack heights used in the modeling meet the Good Engineering
Practice stack height criteria, and the Building Profile Input Program
for Plume Rise Model Enhancements preprocessor was used to generate
direction-specific building downwash parameters. FDEP developed a
Cartesian receptor grid across the nonattainment boundary
(approximately 2.4 km around the monitor), with 100-meter spacing in
ambient air to ensure maximum concentrations are captured in the
analysis.
FDEP selected a background SO2 concentration based on
local SO2 monitoring data from the Fernandina Beach monitor,
located within the nonattainment area, for the period January 2012 to
December 2013. This background concentration from the nearby ambient
air monitor is used to account for SO2 impacts from all
sources that are not specifically included in the AERMOD modeling
analysis. The ambient monitoring data was obtained from the Florida Air
Monitoring and Assessment System. Due to its close proximity to the
Rayonier facility, monitored concentrations at this station are
strongly influenced by emissions from both facilities. As a result, and
as allowed by EPA's Modeling Guideline, the data was filtered to remove
measurements where the wind direction could transport pollutants from
Rayonier and WestRock to the monitor. More specifically, the data was
filtered to remove measurements where hourly wind directions were
between 263[deg] to 61[deg].
EPA's SO2 nonattainment guidance provides a procedure
for establishing longer-term averaging times for SO2
emission limits (up to a 30-day rolling averaging time).\9\ In
approving Florida's 2015 attainment demonstration, EPA concluded that
FDEP completed this analysis for the Rayonier and WestRock facilities
to derive SIP emission limits with a 3-hour longer-term averaging time
that are comparatively stringent to the modeled attaining 1-hour level.
For more details, see Florida's April 3, 2015, nonattainment SIP
submittal and EPA's final approval. See 82 FR 30749 (July 3, 2017).
---------------------------------------------------------------------------
\9\ FDEP followed the SO2 Nonattainment Area Guidance
on procedures for establishing emissions limits with averaging
periods longer than one hour.
---------------------------------------------------------------------------
The results of Florida's attainment modeling are summarized in
Table 2. The table presents the results from the four sets of AERMOD
modeling runs that were performed. The four modeling runs were the
result of using an uncontrolled, or pre-modification, scenario and
three different controlled, or post-modification, scenarios. The State
used maximum allowable permitted emissions limits for each of the
SO2 emissions units at the Rayonier and WestRock facilities
in the modeling demonstration. These emissions limits and other control
measures were established in construction permits issued by FDEP. The
conditions have been incorporated into the Florida SIP via the approved
attainment plan, making them permanent and enforceable, and the Title V
operating permits for the Rayonier \10\ and WestRock \11\ facilities.
Two of the units at the WestRock facility, emissions unit (EU) 007 and
011 (recovery boilers), have a combined SO2 emissions limit
cap of 300 pounds per hour (lb/hr). Therefore, the State performed
three post-control runs to identify the worst-case scenario of
emissions distributions. For each of the three modeling runs, all other
emissions units at both the Rayonier and WestRock facilities were
modeled at their individual permitted allowable SO2
emissions rates. Under one modeling scenario, the SO2
emissions cap of 300 pounds per hour (lb/hr) for WestRock EUs 007 and
011 was allotted equally between the recovery boilers. For the two
remaining scenarios, the entire 300 lb/hr cap was allotted totally to
EU 007 or EU 011, assuming only one recovery boiler was operating at
any given time. Table 2 shows that the maximum 1-hour average across
all five years of meteorological data (2008-2012) is less than or equal
to the 2010 1-hour SO2 NAAQS of 75 ppb for all three sets of
AERMOD modeling runs. For more details, see Florida's April 3, 2015,
SIP submittal.
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\10\ See air construction permit 0890004-036-AC issued by FDEP
on April 12, 2012; 82 FR 30749 (July 3, 2017); and 40 CFR 52.520(d).
See Title V operating permit 0890004-054-AV issued by FDEP on
September 7, 2017.
\11\ See air construction permit 0890003-046-AC issued by FDEP
on January 9, 2015; 82 FR 30749 (July 3, 2017); and 40 CFR
52.520(d). See Title V operating permit 0890003-055-AV issued by
FEDP on November 14, 2017.
\12\ The April 3, 2015, final submittal contained typographical
errors in its summary modeling table. On April 8, 2016, FDEP
provided EPA Region 4 with corrected numbers. FDEP in no way revised
the modeling demonstration nor the results inherent in the April 3,
2015, submittal. The correspondence and clarifying information is
provided in the Docket for the attainment demonstration (Docket ID:
EPA-R04-OAR-2015-0623).
\13\ The ``0'' impact from Rayonier indicates that the worst-
case scenario was at a time when WestRock was impacting the area of
maximum concentration because the wind was coming from the direction
of WestRock. Rayonier impacts other receptors in the nonattainment
area and may impact this same receptor at other times, as can be
seen with the remainder of the modeling demonstration.
[[Page 4415]]
Table 2--Maximum Modeled SO2 Impacts in the Nassau County Area, Micrograms per Cubic Meter
[ppb] \12\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum predicted impact
Model scenario Averaging time -------------------------------------- Background Total SO2 NAAQS
Rayonier WestRock
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pre-modification.................. 1-hour............... \13\ 0.0 2,957.80 (1,128) 4.19 (1.6) 2,961.99 (1,130) 196.4 (75)
Equal Cap Distribution............ 1-hour............... 1,14.45 (43.7) 67.69 (25.8) 10.72 (4.09) 192.87 (73.6)
Entire Cap--EU 007................ 1-hour............... 110.93 (42.3) 71.56 (27.3) 9.16 (3.5) 191.65 (73.1)
Entire Cap--EU 011................ 1-hour............... 117.51 (44.8) 63.79 (24.3) 12.82 (4.9) 194.11 (74.0)
--------------------------------------------------------------------------------------------------------------------------------------------------------
The pre-control analysis resulted in a predicted impact of 1,130
ppb. The post-control analysis resulted in a worst-case predicted
impact of 74.0 ppb. EPA has determined that the modeling results
indicate sufficient reductions in air quality impact with the
implementation of the post-construction control plan for the Rayonier
and WestRock facilities. The control measures that have been
implemented at the Rayonier and West Rock facilities are outlined in
the Criterion (3) Section of this document. The modeling results
included in Table 2 show that WestRock should be included in the
consideration of controls for the following reasons: (1) If both
facilities were left uncontrolled, as presented in the first modeled
scenario, WestRock would have the greater impact on the area of maximum
concentration within the Nassau County Area; and (2) with the worst
possible post-control modeling scenario, 35 percent of the total
predicted impact on the Nassau County Area would stem from WestRock.
Therefore, if no controls were implemented at WestRock, the Area would
not likely attain and maintain the 2010 1-hour SO2 NAAQS.
All emissions limits and related compliance parameters have been
incorporated into Florida's SIP, making these changes permanent and
federally enforceable. More details on the pre-construction and post-
construction operations at the facilities are included in Florida's
April 3, 2015, nonattainment SIP submission and in EPA's rulemaking on
that submittal.\14\
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\14\ See 82 FR 30749 (July 3, 2017) (final rule), 81 FR 57535
(August 23, 2016) (proposed rule), and Florida's SIP submittal
located in Docket EPA-R04-OAR-2015-0623.
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On July 3, 2017, EPA approved the modeled attainment demonstration
described above and concluded that it is consistent with CAA
requirements, EPA's Modeling Guideline, and EPA's guidance for
SO2 attainment demonstration modeling. The modeled controls
and emissions limits have been fully implemented as of December 1,
2017. Therefore, EPA proposes to find that the Area has attained the
2010 1-hour SO2 NAAQS and attained the standard by its
applicable attainment date based on this modeling analysis and on
quality-assured, complete, and certified 2015-2017 ambient air
monitoring data at the Fernandina Beach monitor.
Criterion (2)--The Administrator Fully Approves the Applicable
Implementation Plan for the Area Under Section 110(k); and Criterion
(5)--Florida Has Met All Applicable Requirements Under Section 110 and
Part D of Title I of the CAA
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the state has met all applicable
requirements under section 110 and part D of title I of the CAA (CAA
section 107(d)(3)(E)(v)) and that the state has a fully approved SIP
under section 110(k) for the area (CAA section 107(d)(3)(E)(ii)). EPA
proposes to find that Florida has met all applicable SIP requirements
for the Nassau County Area under section 110 of the CAA (general SIP
requirements) for purposes of redesignation. Additionally, EPA proposes
to find that the Florida SIP satisfies the criterion that it meets
applicable SIP requirements for purposes of redesignation under part D
of title I of the CAA in accordance with section 107(d)(3)(E)(v).
Further, EPA proposes to determine that the SIP is fully approved with
respect to all requirements applicable for purposes of redesignation in
accordance with section 107(d)(3)(E)(ii). In making these proposed
determinations, EPA ascertained which requirements are applicable to
the Area and, if applicable, that they are fully approved under section
110(k). SIPs must be fully approved only with respect to requirements
that were applicable prior to submittal of the complete redesignation
request.
A. The Nassau County Area Has Met All Applicable Requirements Under
Section 110 and Part D of the CAA
1. General SIP Requirements
General SIP elements and requirements are delineated in section
110(a)(2) of title I, part A of the CAA. These requirements include,
but are not limited to, the following: Submittal of a SIP that has been
adopted by the state after reasonable public notice and hearing;
provisions for establishment and operation of appropriate procedures
needed to monitor ambient air quality; implementation of a source
permit program; provisions for the implementation of part C
requirements (Prevention of Significant Deterioration (PSD)) and
provisions for the implementation of part D requirements (NNSR permit
programs); provisions for air pollution modeling; and provisions for
public and local agency participation in planning and emission control
rule development.
Section 110(a)(2)(D) requires that SIPs contain certain measures to
prevent sources in a state from significantly contributing to air
quality problems in another state. To implement this provision, EPA has
required certain states to establish programs to address the interstate
transport of air pollutants. The section 110(a)(2)(D) requirements for
a state are not linked with a particular nonattainment area's
designation and classification in that state. EPA believes that the
requirements linked with a particular nonattainment area's designation
and classifications are the relevant measures to evaluate in reviewing
a redesignation request. The transport SIP submittal requirements,
where applicable, continue to apply to a state regardless of the
designation of any one particular area in the state. Thus, EPA does not
believe that the CAA's interstate transport requirements should be
construed to be applicable requirements for purposes of redesignation.
[[Page 4416]]
In addition, EPA believes that other section 110(a)(2) elements
that are neither connected with nonattainment plan submissions nor
linked with an area's attainment status are not applicable requirements
for purposes of redesignation. The area will still be subject to these
requirements after the area is redesignated. The section 110(a)(2) and
part D requirements which are linked with a particular area's
designation and classification are the relevant measures to evaluate in
reviewing a redesignation request. This approach is consistent with
EPA's existing policy on applicability (i.e., for redesignations) of
conformity and oxygenated fuels requirements, as well as with section
184 ozone transport requirements. See Reading, Pennsylvania, proposed
and final rules (61 FR 53174-53176, October 10, 1996), (62 FR 24826,
May 7, 2008); Cleveland-Akron-Loraine, Ohio, final rule (61 FR 20458,
May 7, 1996); and Tampa, Florida, final rule at (60 FR 62748, December
7, 1995). See also the discussion on this issue in the Cincinnati,
Ohio, redesignation (65 FR 37890, June 19, 2000), and in the
Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October 19,
2001). Nonetheless, EPA has approved Florida's SIP revisions related to
the section 110 requirements for the 2010 SO2 NAAQS, with
the exception of the interstate transport elements at section
110(a)(2)(D)(i)(I). See 81 FR 67179 (September 30, 2016).
2. Title I, Part D, Applicable SIP Requirements
Subpart 1 of part D, comprised of CAA sections 171-179B, sets forth
the basic nonattainment requirements applicable to all nonattainment
areas. All areas that were designated nonattainment for the
SO2 NAAQS were designated under Subpart 1 of the CAA in
accordance with the deadlines in Subpart 5. For purposes of evaluating
this redesignation request, the applicable Subpart 1 SIP requirements
are contained in section 172(c)(1)-(9), section 176, and sections 191
and 192. A thorough discussion of the requirements contained in
sections 172(c) can be found in the General Preamble for Implementation
of Title I. See 57 FR 13498 (April 16, 1992).
a. Subpart 1 Section 172 Requirements
Section 172 requires states with nonattainment areas to submit
plans providing for timely attainment and meeting a variety of other
requirements. As discussed in section V.A, above, EPA's longstanding
interpretation of the attainment-related nonattainment planning
requirements of section 172 is that once an area is attaining the
NAAQS, those requirements are not ``applicable'' for purposes of CAA
section 107(d)(3)(E)(ii) and therefore need not be approved into the
SIP before EPA can redesignate the area. In the 1992 General Preamble
for Implementation of Title I, EPA set forth its interpretation of
applicable requirements for purposes of evaluating redesignation
requests when an area is attaining a standard. See 57 FR 13498, 13564
(April 16, 1992). EPA noted that the requirements for RFP and other
measures designed to provide for attainment do not apply in evaluating
redesignation requests because those nonattainment planning
requirements ``have no meaning'' for an area that has already attained
the standard. Id. This interpretation was also set forth in the
Calcagni Memo. EPA's understanding of section 172 also forms the basis
of its Clean Data Policy, articulated with regard to the 2010 1-hour
SO2 NAAQS in the SO2 Nonattainment Area Guidance,
which suspends a state's obligation to submit most of the attainment
planning requirements that would otherwise apply, including an
attainment demonstration and planning SIPs to provide for RFP, RACT/
RACM, NNSR, and contingency measures under section 172(c)(9).
As discussed above, EPA previously approved Florida's nonattainment
SIP for the Nassau County Area. See 82 FR 30749 (July 3, 2017). Among
other things, the nonattainment SIP for the Area satisfied the section
172(c)(1) requirements for RACT/RACM; 172(c)(2) requirements related to
RFP; 172(c)(3) requirements for a comprehensive and accurate emissions
inventory; 172(c)(4) and (5) for NNSR; 172(c)(6) requirements for
permanent and enforceable control measures necessary to provide
attainment of the NAAQS by the attainment date; and section 172(c)(9)
requirements for contingency measures.
Section 172(c)(4) requires the identification and quantification of
allowable emissions for major new and modified stationary sources to be
allowed in an area, and section 172(c)(5) requires source permits for
the construction and operation of new and modified major stationary
sources anywhere in the nonattainment area. EPA has a longstanding
interpretation that because NNSR is replaced by PSD upon redesignation,
nonattainment areas seeking redesignation to attainment need not have a
fully approved part D NNSR program in order to be redesignated. See
memorandum from Mary Nichols, Assistant Administrator for Air and
Radiation, dated October 14, 1994, entitled ``Part D New Source Review
Requirements for Areas Requesting Redesignation to Attainment.''
Florida currently has a fully-approved PSD and part D NNSR program in
place in Chapters 62-204, 62-210, and 62-212 of the Florida
Administrative Code. Florida's PSD program will become effective in the
Area upon redesignation to attainment.
Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, EPA believes that
Florida's SIP meets the requirements of section 110(a)(2) applicable
for purposes of redesignation.
Finally, section 172(c)(8) allows a state to use equivalent
modeling, emission inventory, and planning procedures if such use is
requested by the state and approved by EPA. Florida has not requested
the use of equivalent techniques under section 172(c)(8).
As mentioned above, EPA fully approved Florida's April 3, 2015,
nonattainment SIP for the Nassau County Area, including the modeled
attainment demonstration, and determined that the SIP submission met
the applicable nonattainment planning requirements of sections 172 and
191-192 of the CAA demonstrating attainment of the SO2
standard by the statutory deadline. This approval included the specific
SO2 emission limits and compliance parameters established
for the two SO2 point sources impacting the Nassau Area
(Rayonier and WestRock).
b. Subpart 1 Section 176--Conformity Requirements
Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that federally supported or funded projects
conform to the air quality planning goals in the applicable SIP. The
requirement to determine conformity applies to transportation plans,
programs, and projects that are developed, funded, or approved under
title 23 of the United States Code (U.S.C.) and the Federal Transit Act
(transportation conformity) as well as to all other federally supported
or funded projects (general conformity). State transportation
conformity SIP revisions must be consistent with federal conformity
regulations relating to consultation, enforcement, and enforceability
that EPA promulgated pursuant to its authority under the CAA.
EPA believes that it is reasonable to interpret the conformity SIP
[[Page 4417]]
requirements \15\ as not applying for purposes of evaluating the
redesignation request under section 107(d) because state conformity
rules are still required after redesignation and federal conformity
rules apply where state rules have not been approved. See Wall v. EPA,
265 F.3d 426 (upholding this interpretation) (6th Cir. 2001); See 60 FR
62748 (December 7, 1995). Furthermore, due to the relatively small, and
decreasing, amounts of sulfur in gasoline and on-road diesel fuel, the
EPA's transportation conformity rules provide that they do not apply to
SO2 unless either the EPA Regional Administrator or the
director of the state air agency has found that transportation-related
emissions of SO2 as a precursor are a significant
contributor to a SO2 or fine particulate matter
(PM2.5) nonattainment problem, or if the SIP has established
an approved or adequate budget for such emissions as part of the RFP,
attainment, or maintenance strategy. See 40 CFR 93.102(b)(1), (2)(v);
SO2 Nonattainment Area Guidance. Neither of these conditions
have been met; therefore, EPA's transportation conformity rules do not
apply to SO2 for the Area. For these reasons, EPA proposes
to find that Florida has satisfied all applicable requirements for
purposes of redesignation of the Nassau County Area under section 110
and part D of title I of the CAA.
---------------------------------------------------------------------------
\15\ CAA section 176(c)(4)(E) requires states to submit
revisions to their SIPs to reflect certain federal criteria and
procedures for determining transportation conformity. Transportation
conformity SIPs are different from the motor vehicle emission
budgets that are established in control strategy SIPs and
maintenance plans.
---------------------------------------------------------------------------
B. The Nassau County Area Has a Fully Approved Applicable SIP Under
Section 110(k) of the CAA
EPA has fully approved the applicable Florida SIP for the Nassau
County Area under section 110(k) of the CAA for purposes of
redesignation. EPA may rely on prior SIP approvals in approving a
redesignation request (see Calcagni Memorandum at p. 3, Southwestern
Pennsylvania Growth Alliance v. Browner, 144 F.3D 984, 989-90 (6th Cir.
1998); Wall, 265 F.3d 426) plus any additional measures it may approve
in conjunction with a redesignation action. See 68 FR 25426 (May 12,
2003) and citations therein. As mentioned above, EPA fully approved the
State's nonattainment SIP and approved Florida's SIP revisions related
to the section 110 requirements for the 2010 SO2 NAAQS, with
the exception of the interstate transport elements at section
110(a)(2)(D)(i)(I). See 82 FR 30749 (July 3, 2017) and 81 FR 67179
(September 30, 2016), respectively.
As discussed above, EPA believes that the section 110 elements that
are neither connected with nonattainment plan submissions nor linked to
an area's nonattainment status are not applicable requirements for
purposes of redesignation.
Criterion (3)--The Air Quality Improvement in the Nassau County Area Is
Due to Permanent and Enforceable Reductions in Emissions Resulting From
Implementation of the SIP and Applicable Federal Air Pollution Control
Regulations and Other Permanent and Enforceable Reductions
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the air quality improvement in the area
is due to permanent and enforceable reductions in emissions resulting
from implementation of the SIP, applicable Federal air pollution
control regulations, and other permanent and enforceable reductions
(CAA section 107(d)(3)(E)(iii)). EPA proposes to determine that Florida
has demonstrated that the observed air quality improvement in the
Nassau County Area is due to permanent and enforceable reductions in
SO2 emissions resulting from implementation of the SIP,
including SO2 control measures at the Rayonier and WestRock
facilities since the nonattainment designation.
When EPA designated the Nassau County Area as a nonattainment area
for the 2010 1-hour SO2 NAAQS, EPA determined that
operations at Rayonier were the primary cause of the 2010 1-hour
SO2 NAAQS violations in the Area. See 78 FR 47191.\16\
However, Florida included the nearby WestRock facility in its modeled
attainment demonstration because it determined that WestRock was also a
significant contributor to elevated concentrations within the defined
nonattainment area.\17\ The April 3, 2015, Nassau County Area
nonattainment SIP revision was based on this determination and
successfully reduced ambient concentrations below the 1-hour
SO2 NAAQS by only requiring emissions reductions at Rayonier
and WestRock.
---------------------------------------------------------------------------
\16\ See Final Technical Support Document, July 2013, Florida
First Round of Nonattainment Area Designations for the 2010
SO2 Primary NAAQS, Prepared by EPA Region 4. This
document is available at Docket ID: EPA-HQ-OAR-2012-0233-0307.
\17\ FDEP modeled actual emissions at the time of area
designations which revealed contributing impacts throughout the NAA
due to emissions from WestRock (formerly RockTenn). See 82 FR 30749
(July 3, 2017) and Docket ID: EPA-R04-OAR-2015-0623.
---------------------------------------------------------------------------
Rayonier received an air construction permit \18\ on April 12,
2012, from FDEP to lower SO2 maximum allowable emission
rates on all three of its SO2 emitting units--EU 005, EU
006, and EU 022--based on a 3-hour rolling average. The construction
permit authorized a stack height increase for the vent gas scrubbing
system (EU 005) from 110 feet (ft.) to at least 165 ft. to improve
dispersion (the final as-built height is 180 feet) and lowered the
allowable SO2 emission limit to 100 ppm (25.3 lb/hr). The
permit also lowered the allowable SO2 emission limit for the
Recovery Boiler (EU 006) to 250 parts per million (volumetric dry (297
lb/hr)) and lowered the allowable SO2 emission limit for the
No. 6 Power Boiler (EU 022) from 420 lb/hr to 180 lb/hr.\19\ All three
SO2 units have in-stack continuous emission monitoring
systems (CEMS) for SO2 to ensure compliance with their
SO2 emission limits. FDEP estimated that Rayonier's
allowable SO2 emissions (total from sum of all three
controlled units) were reduced from 836.5 lb/hr to 502.3 lb/hr,
representing a 40 percent decrease. The construction project was
completed in the second quarter of 2014, and the emission limitations
for all three controlled units were established in air construction
permit (Permit No. 0890004-036-AC) on April 12, 2012, and incorporated
into the source's Title V operating permit (Permit No. 0890004-042-AV)
\20\ on May 6, 2014. The limitations became effective the date that the
Title V permit revision was issued. EPA incorporated these new
SO2 emissions limits, operating parameters, and compliance
monitoring, recordkeeping, and reporting requirements from the air
construction permit into the Florida SIP on July 3, 2017, making these
controls permanent and enforceable. See 82 FR 30749 (July 3, 2017).
Table 3 summarizes the changes at the Rayonier facility.
---------------------------------------------------------------------------
\18\ See air construction permit 0890004-036-AC issued by FDEP
on April 12, 2012, located in the docket for this action.
\19\ Rayonier considered two emissions limits for EU 022--180
lb/hr SO2 at the current stack height of 190 ft; or 250
lb/hr SO2 if the stack height was increased to 210 ft.
However, the stack height for EU 022 No.6 power boiler was not
increased, and therefore, the final limit emission limit is 180 lb/
hr.
\20\ See Title V operating permit 0890004-042-AV issued by FDEP
on May 6, 2014, located in the docket for this action.
[[Page 4418]]
Table 3--Rayonier Facility SO2 Source Changes
----------------------------------------------------------------------------------------------------------------
SO2 Emission limit * Stack height
Source -----------------------------------------------------------------------------
Previous Current Previous Current
----------------------------------------------------------------------------------------------------------------
EU 005-Vent Gas Scrubber.......... 250 ppm (63.2 lb/hr) 100 ppm (25.3 lb/hr) 110 ft 180 ft
---------------------------------
EU 006--Recovery Boiler........... 300 ppm (353.3 lb/ 250 ppm (297 lb/hr). No change
hr).
---------------------------------
EU 022--No. 6 Power Boiler........ 420 lb/hr........... 180 lb/hr........... No change
----------------------------------------------------------------------------------------------------------------
* All previous and new SO2 emission limits are 3-hour rolling averages.
For WestRock, FDEP issued an air construction permit (Permit No.
0890003-046-AC) \21\ on January 9, 2015, authorizing two phases of
physical and operational changes to the four largest SO2
emitting units--No. 5 Power Boiler (EU 006), No. 4 Recovery Boiler (EU
007), No. 5 Recovery Boiler (EU 011), and No. 7 Recovery Boiler (EU
015). WestRock implemented physical upgrades to the No. 4 and No. 5
recovery boilers to achieve a more stable and consistent combustion and
chemical recovery process. These physical improvements resulted in an
individual permitted allowable emission rate of 150 lb/hr for each
recovery boiler or a combined 300.0 lb/hr SO2 emission cap
for both units on a 3-hour block average. These individual and combined
emission limits were effective January 1, 2018. For the two power
boilers, a pipeline was constructed to reroute low volume, high
concentration non-condensable gas (NCGs) to the No. 7 power boiler, and
a white liquor scrubber system was installed upstream of the NCGs to
remove total reduced sulfur before combustion. These NCGs were
previously collected and burned in the No. 5 power boiler completed in
December, but the rerouting and scrubbing of NCGs allowed for a
significant reduction in SO2 emissions from the No. 5 Power
Boiler lowering the allowable SO2 emissions from 550 lb/hr
to 15.0 lb/hr based on a 3-hour block average and representing a 97
percent decrease in SO2 emissions (without any increase in
the emission limit of the No. 7 Power Boiler). The 15.0 lb/hr limit was
effective beginning
---------------------------------------------------------------------------
\21\ See air construction permit 0890003-046-AC issued by FDEP
on January 9, 2015, located in the docket for this action.
---------------------------------------------------------------------------
January 31, 2016 (except when the boiler was used as a control
device for NCG through November 30, 2017). In addition, effective
January 31, 2016, the No. 5 Power boiler ceased burning of No. 6 fuel
oil. Effective December 1, 2017, after the rerouting and scrubbing of
NCGs was complete, the No. 5 power boiler was no longer used as a
backup NCG control device.
The new emission limits for three of the four controlled units were
established in an air construction permit (Permit No. 0890004-046-AC)
on January 9, 2015, and incorporated into the source's Title V
operating permit (Permit No. 0890003-055-AV) \22\ on November 14, 2017.
All four SO2 units have in-stack CEMS for SO2 to
ensure compliance with their SO2 emission limits in
accordance with section 113(a)(1) of the CAA.\23\ EPA incorporated
these new SO2 emissions limits for three of the four
controlled emission units, operating parameters, and compliance
monitoring, recordkeeping and reporting requirements from the air
construction permit into the Florida SIP on July 3, 2017, making these
controls permanent and enforceable. See 82 FR 30749 (July 3, 2017).
Table 4 summarizes each of the source changes at the WestRock facility.
---------------------------------------------------------------------------
\22\ See Title V operating permit 0890003-055-AV issued by FDEP
on November 14, 2017, located in the docket for this action.
\23\ Air construction permit 0890003-046-AC requires that
compliance with the combined SO2 emission cap be
demonstrated by certified CEMS data. See Condition 2 in Section 3.C.
Table 4--WestRock Facility SO2 Source Changes
----------------------------------------------------------------------------------------------------------------
SO2 Emission limit
Source ------------------------------------------------ Other changes
Previous Current *
----------------------------------------------------------------------------------------------------------------
EU 006--No. 5 Power Boiler......... 550 lb/hr **.......... 15.0 lb/hr............ Removal of NCGs.
EU 007--No. 4 Recovery Boiler ***.. None.................. 300.0 lb/hr cap....... Improvements made to
combustion air system.
EU 011--No. 5 Recovery Boiler ***.. None.................. Improvements made to
combustion air system.
------------------------------------------------
EU 015--No. 7 Power Boiler......... No Change Addition of NCG pipeline
for backup combustion
(white liquor scrubber
added upstream).
----------------------------------------------------------------------------------------------------------------
* All new SO2 emission limits are 3-hour block averages.
** 24-hour average.
*** SO2 emissions from each recovery boiler shall not exceed 150.0 lb/hour based on 3-hour block average.
Rayonier's previous allowable SO2 limit was 3,663.87
tons per year (tpy), and WestRock's previous allowable SO2
limit was 12,286.69 tpy. The new maximum allowable emissions are
2,200.07 and 6,746.08 tpy for Rayonier and WestRock, respectively,
corresponding to a combined reduction of approximately 44 percent in
allowable SO2 emissions. The air quality improvement in the
Nassau County Area is due to permanent and enforceable reductions in
SO2 emissions resulting from the control measures identified
above and incorporated into the SIP.
[[Page 4419]]
Criterion (4)--The Nassau County Area Has a Fully Approved Maintenance
Plan Pursuant to Section 175A of the CAA
For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the area has a fully approved
maintenance plan pursuant to section 175A of the CAA. See CAA section
107(d)(3)(E)(iv). In conjunction with its request to redesignate the
Nassau County Area to attainment for the 2010 1-hour SO2
NAAQS, Florida submitted a SIP revision to provide for the maintenance
of the 2010 1-hour SO2 NAAQS for at least 10 years after the
effective date of redesignation to attainment. EPA is proposing to
determine that this maintenance plan meets the requirements for
approval under section 175A of the CAA.
a. What is required in a maintenance plan?
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under section 175A, the plan must demonstrate continued attainment of
the applicable NAAQS for at least 10 years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, the state must submit a revised maintenance plan
demonstrating that attainment will continue to be maintained for the 10
years following the initial 10-year period. To address the possibility
of future NAAQS violations, the maintenance plan must contain
contingency measures as EPA deems necessary to assure prompt correction
of any future 2010 1-hour SO2 violations. The Calcagni
Memorandum provides further guidance on the content of a maintenance
plan, explaining that a maintenance plan should address five
requirements: The attainment emissions inventory; maintenance
demonstration; monitoring; verification of continued attainment; and a
contingency plan. As is discussed more fully below, EPA is proposing to
determine that Florida's maintenance plan includes all the necessary
components and is thus proposing to approve it as a revision to the
Florida SIP.
b. Attainment Emissions Inventory
An attainment inventory identifies a level of emissions in the Area
that is sufficient to attain the NAAQS. In its maintenance plan,
Florida used 2013 actual emissions data to represent the attainment
emissions inventory. As identified above, the 2011-2013 design value at
the Fernandina Beach monitor was below the NAAQS. SO2
emissions data from Rayonier and WestRock facilities, as included in
the 2013 annual operating reports for all sources, is presented in
Table 5. Although WestRock is located outside of the Area, Florida
included the nearby WestRock facility in its modeled attainment
demonstration because it determined that WestRock was also a
significant contributor to elevated concentrations within the defined
nonattainment area. The complete attainment emissions inventory is
presented in Table 6. Florida interpolated area and non-road emissions
for the Area for 2013 from the 2011 and 2014 National Emissions
Inventory (NEI) data for Nassau County because the State is only
required to develop these inventories on a triennial period in
accordance with the NEI and subpart A to 40 CFR part 51. The 2013
estimated emissions were then allocated to the Area based on the Area's
fraction of land area within the county. The State estimated on-road
emissions for the Area with MOVES2014a, and then allocated them to the
Area based on the Area's fraction of land area within the county.
Table 5--2013 SO2 Emissions Inventory for Rayonier and WestRock
Facilities
------------------------------------------------------------------------
2013 SO2
EU ID Unit description Emissions
(tons)
------------------------------------------------------------------------
Rayonier Facility SO2 Emissions
------------------------------------------------------------------------
005............................... Vent Gas Scrubber... 14.84
------------------------------------------------------------------------
006............................... Recovery Boiler..... 470.56
022............................... No. 6 Power Boiler.. 6.30
---------------
Total......................... .................... 491.70
------------------------------------------------------------------------
WestRock Facility SO2 Emissions
------------------------------------------------------------------------
006............................... No. 5 Power Boiler.. 60.29
------------------------------------------------------------------------
007............................... No. 4 Recovery 134.32
Boiler.
011............................... No. 5 Recovery 128.91
Boiler.
013............................... No. 4 Smelt 1.45
Dissolving Tank.
014............................... No. 5 Smelt 1.37
Dissolving Tank.
015............................... No. 7 Power Boiler.. 2,793.45
021............................... No. 4 Lime Kiln..... 26.70
---------------
Total......................... .................... 3,146.49
---------------
Total All Point Sources... .................... 3,638.19
------------------------------------------------------------------------
Table 6--2013 Attainment Emissions Inventory for the Nassau County Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source type Point Area Non-road On-road Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
2013 SO2 Emissions (tons).......................................... 3,638.19 0.72 0.01 0.11 3,639.03
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 4420]]
For additional information regarding the development of the
attainment year inventory, please see Appendix D to Florida's June 7,
2018, SIP submittal.
c. Maintenance Demonstration
Maintenance of the SO2 standard is demonstrated either
by showing that future emissions will not exceed the level of the
attainment emissions inventory year or by modeling to show that the
future mix of sources and emission rates will not cause a violation of
the NAAQS.
To evaluate maintenance through 2032 and satisfy the 10-year
interval required in CAA section 175A, Florida prepared projected
emissions inventories for 2020-2032. The emissions inventories are
composed of the following general source categories: Point, area, non-
road mobile, and on-road mobile. The emissions inventories were
developed consistent with EPA guidance and are summarized in Table 7.
Florida compared projected emissions for the final year of the
maintenance plan (2032) to the attainment emissions inventory year
(2013) and compared interim years to the attainment emissions inventory
year to demonstrate continued maintenance of the 2010 1-hour
SO2 standard. For additional information regarding the
development of the projected inventories, please see Appendix D to
Florida's June 7, 2018, SIP submittal.
Table 7--Projected Future Emissions Inventories for the Area
----------------------------------------------------------------------------------------------------------------
Projected 2020 Projected 2023 Projected 2026 Projected 2029 Projected 2032
SO2 emissions SO2 emissions SO2 emissions SO2 emissions SO2 emissions
Source type (tons) (tons) (tons) (tons) (tons)
----------------------------------------------------------------------------------------------------------------
Point........................... 3,638.19 3,638.19 3,638.19 3,638.19 3,638.19
Area............................ 0.93 0.98 1.03 1.08 1.12
Non-road........................ 0.01 0.01 0.01 0.01 0.01
On-road......................... 0.05 0.05 0.05 0.04 0.04
-------------------------------------------------------------------------------
Total....................... 3,639.18 3,639.23 3,639.28 3,639.32 3,639.37
----------------------------------------------------------------------------------------------------------------
In situations where local emissions are the primary contributor to
nonattainment, such as the Nassau County Area, if the future projected
emissions in the nonattainment area remain at or below the baseline
emissions in the nonattainment area, then the related ambient air
quality standards should not be exceeded in the future. Florida has
projected emissions as described previously, and these projections
indicate that emissions in the Nassau County Area will remain at nearly
the same levels as those in the attainment year inventory for the
duration of the maintenance plan. While these projections include a
very small increase in area source emissions from 2020 to 2032 (0.19
tons), the increase is negligible when compared to the total emissions
inventory and EPA does not believe that this projected increase should
cause an exceedance of the SO2 NAAQS through 2032. This
belief is supported by the fact and any increases in actual emissions
from Rayonier or WestRock must remain below their permitted levels,
which were made permanent and enforceable through incorporation into
the SIP. Furthermore, any potential future SO2 emissions
sources that may locate in or near the Area would be required to comply
with the FDEP's approved NSR permitting programs to ensure that the
Area will continue to meet the NAAQS.
As discussed in the SO2 Nonattainment Area Guidance, an
approved attainment plan that relies on air quality dispersion modeling
using maximum allowable emissions, such as Florida's attainment plan
for the Area, can generally be expected to demonstrate that the
standard will be maintained for the requisite 10 years and beyond
without regard to any changes in operation rate of the pertinent
sources that do not involve increases in maximum allowable
emissions.\24\ EPA believes that the Area will continue to maintain the
standard at least through the year 2032 because the air quality
modeling in the approved attainment plan showed that the Area would
attain the standard based on maximum allowable emissions limits at
Rayonier and WestRock that are incorporated into the SIP, these sources
have fully implemented the permanent and enforceable modeled limits and
controls, and the emissions reductions from these measures are
reflected in the attaining design values for the Area.
---------------------------------------------------------------------------
\24\ See SO2 Nonattainment Area Guidance at p.67.
---------------------------------------------------------------------------
d. Monitoring Network
The Fernandina Beach monitor (12-089-0005) is the only
SO2 monitor located within the Nassau County Area, and the
2010 1-hour SO2 nonattainment designation was based on data
collected from 2009-2011 at this monitor. In its maintenance plan,
Florida has committed to continue operating an appropriate
SO2 monitoring network, consult with EPA prior to making any
changes to the existing network, and continue to quality assure the
monitoring data in accordance with 40 CFR part 58. Therefore, Florida
has addressed the requirement for monitoring. FDEP's monitoring network
plan was submitted on June 30, 2017, and approved by EPA on October 19,
2017.
e. Verification of Continued Attainment
The State of Florida, through FDEP, has the legal authority to
enforce and implement all measures necessary to attain and maintain the
NAAQS. Section 403.061(35), Florida Statutes, authorizes the Department
to ``exercise the duties, powers, and responsibilities required of the
state under the federal Clean Air Act.'' This includes implementing and
enforcing all measures necessary to attain and maintain the NAAQS. In
addition, FDEP will use emissions data submitted by Rayonier and
WestRock through annual operating reports to verify continued
compliance with the permitted emissions rates that were shown through
the modeling demonstration in the attainment plan to be sufficient to
provide for maintenance of the 2010 1-hour SO2 NAAQS
throughout the Area. Any increases in actual emissions from Rayonier or
WestRock must remain below their permitted levels, which were made
permanent and enforceable through incorporation into the SIP.
Furthermore, any potential future SO2 emissions sources that
may locate in or near the Area would be required to comply with the
FDEP's approved NSR permitting programs to ensure that the Area will
continue to meet the NAAQS. In addition to assuring continued
attainment in this manner, FDEP will
[[Page 4421]]
verify continued attainment through operation of the monitoring
network.
f. Contingency Measures in the Maintenance Plan
Section 175A of the CAA requires that a maintenance plan include
such contingency measures as EPA deems necessary to assure that the
state will promptly correct a violation of the NAAQS that occurs after
redesignation. The maintenance plan should identify the contingency
measures to be adopted, a schedule and procedure for adoption and
implementation, and a time limit for action by the state. In cases
where attainment revolves around compliance of a single source or a
small set of sources with emissions limits shown to provide for
attainment, the EPA interprets ``contingency measures'' to mean that
the state agency has a comprehensive program to identify sources of
violations of the SO2 NAAQS and to undertake aggressive
follow-up for compliance and enforcement, including expedited
procedures for establishing enforceable consent agreement pending the
adoption of revised SIPs.\25\ A state should also identify specific
indicators to be used to determine when the contingency measures need
to be implemented. The maintenance plan must include a requirement that
a state will implement all measures with respect to control of the
pollutant that were contained in the SIP before redesignation of the
area to attainment in accordance with section 175A(d).
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\25\ See SO2 Nonattainment Area Guidance at p.69.
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The contingency plan included in the maintenance plan contains
triggers to determine when contingency measures are needed and what
kind of measures should be used. Upon notification by the FDEP Office
of Air Monitoring that the Fernandina Beach monitor has registered
SO2 levels in excess of the standard for a fourth time
during a calendar year, FDEP will notify Rayonier and WestRock of the
occurrence of the fourth high exceedance. Upon notification by FDEP of
a confirmed fourth high exceedance,\26\ Rayonier and WestRock will,
without any further action by FDEP or EPA, undertake a full system
audit of all emissions units subject to control under the attainment
plan. Within 10 days of notification of the confirmed fourth high
exceedance, each source will independently submit a written system
audit report to FDEP summarizing all operating parameters of all
emissions units for four 10-day periods up to and including the dates
of the exceedances together with recommended provisional SO2
emission control strategies for each affected unit and evidence that
these control strategies have been deployed, as appropriate. Upon
receipt of the above-mentioned reports, FDEP will then begin a 30-day
evaluation of these reports to determine the cause of the exceedances,
followed by a 30-day consultation period with the sources to develop
and implement appropriate operational changes. At the end of the
consultation period, FDEP will mandate operational changes identified
by the written system audit to prevent any future violation of the
NAAQS. Any necessary changes would be implemented as soon as
practicable, with at least one implemented within 18-24 months of the
monitored violation, in order to bring the Area into attainment as
expeditiously as possible. These changes could include, but would not
be limited to:
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\26\ Confirmation of a fourth high exceedance over the
SO2 NAAQS would be made after quality assurance
activities are completed, but not necessarily with FDEP-certified
data.
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Fuel switching to reduce or eliminate the use of sulfur-
containing fuels;
Combustion air system enhancement;
Vent gas scrubber enhancement;
White liquor scrubber enhancement; and/or
Physical or operational reduction of production capacity,
as appropriate.
If a permit modification is necessary, the State would issue a
final permit in accordance to Sections 120 and 403 of the Florida
Statutes. Subsequently, Florida would submit any relevant permit change
to EPA as a source-specific SIP revision to make the change permanent
and enforceable. In addition to including these contingency measures in
the maintenance plan, Florida also stated that all existing control
measures will remain in effect after redesignation.
EPA has preliminarily concluded that the maintenance plan
adequately addresses the five basic components of a maintenance plan:
The attainment emissions inventory; maintenance demonstration;
monitoring; verification of continued attainment; and a contingency
plan. Therefore, EPA proposes to determine that the maintenance plan
for the Area meets the requirements of section 175A of the CAA and
proposes to incorporate the maintenance plan into the Florida SIP.
VI. What is the effect of EPA's proposed actions?
Approval of Florida's redesignation request would change the legal
designation of the portion of Nassau County that is within the Nassau
County Area, as found at 40 CFR part 81, from nonattainment to
attainment for the 2010 1-hour SO2 NAAQS. Approval of
Florida's associated SIP revision would also incorporate a plan for
maintaining the 2010 1-hour SO2 NAAQS in the Nassau County
Area through 2032 into the SIP.
VII. Proposed Actions
EPA is proposing to take three separate but related actions
regarding the redesignation request and associated SIP revision for the
Nassau County Area.
First, EPA is proposing to determine that the Area attained the
2010 1-hour SO2 NAAQS by its attainment date of October 4,
2018. This determination is being proposed in accordance with section
179(c)(1) of the CAA.
Second, EPA is proposing to approve the maintenance plan for the
Area and to incorporate it into the SIP. As described above, the
maintenance plan demonstrates that the Area will continue to maintain
the 2010 1-hour SO2 NAAQS through 2032.
Third, EPA is proposing to approve Florida's request for
redesignation of the Area from nonattainment to attainment for the 2010
1-hour SO2 NAAQS. If finalized, approval of the
redesignation request for the Nassau County Area would change the
official designation of the portion of Nassau County, Florida,
encompassing the circular boundary with the center being UTM Easting
455530 meters, UTM Northing 3391737 meters, UTM zone 17, using the
NAD83 datum (the location of the ambient monitor in the Area) and the
radius being 2.4 kilometers, as found at 40 CFR part 81, from
nonattainment to attainment for the 2010 1-hour SO2 NAAQS.
VIII. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k);
40 CFR 52.02(a).
[[Page 4422]]
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
these proposed actions merely propose to approve state law as meeting
Federal requirements and do not impose additional requirements beyond
those imposed by state law. For this reason, these proposed actions:
Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Are not Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions because redesignations and SIP approvals are
exempted under Executive Order 12866;
Do not impose information collection burdens under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Do not contain any unfunded mandates or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
This redesignation action is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping,
Sulfur dioxide.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 5, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019-02536 Filed 2-14-19; 8:45 am]
BILLING CODE 6560-50-P
