Air Plan Approval and Designation of Areas; FL; Redesignation of the Nassau County 2010 1-Hour Sulfur Dioxide Nonattainment Area to Attainment, 17085-17088 [2019-08162]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 79 / Wednesday, April 24, 2019 / Rules and Regulations
of the event will be exempt from the
safety zone.
(b) Enforcement dates. This section
will be enforced from 7 a.m. to 1 p.m.
on May 26, 2019.
(c) Enforcement. All persons are
required to comply with the general
regulations governing safety zones
found in § 165.23. Entry into or
remaining in this zone is prohibited
unless authorized by the Coast Guard
Captain of the Port, Guam. Persons
desiring to transit the area of the safety
zone must first request authorization
from the Captain of the Port Guam or his
designated representative. To seek
permission to transit the area, the
Captain of the Port Guam (COTP) and
his designated representatives can be
contacted at telephone number (671)
355–4821 or on Marine Band Radio,
VHF–FM channel 16 (156.8 MHz). Any
Coast Guard commissioned, warrant, or
petty officer, and any other COTP
representative permitted by law, may
enforce this safety zone.
(d) Waiver. The COTP may waive any
of the requirements of this section for
any person, vessel, or class of vessel
upon finding that application of the
safety zone is unnecessary or
impractical for the purpose of maritime
security.
(e) Penalties. Vessels or persons
violating this section are subject to the
penalties set forth in 33 U.S.C. 1232.
Dated: April 19, 2019.
Christopher M. Chase,
Captain, U.S. Coast Guard, Captain of the
Port, Guam.
[FR Doc. 2019–08224 Filed 4–23–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2018–0523; FRL–9992–53–
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: Final 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
jbell on DSK30RV082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:47 Apr 23, 2019
Jkt 247001
(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 taking final action 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.
This rule will be effective May
24, 2019.
DATES:
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0523. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the 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. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
ADDRESSES:
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:
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
17085
I. What is the background for the
actions?
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 Nassau County 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). The 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). 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 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
1 See
E:\FR\FM\24APR1.SGM
40 CFR part 50, appendix T, section 3(b).
24APR1
jbell on DSK30RV082PROD with RULES
17086
Federal Register / Vol. 84, No. 79 / Wednesday, April 24, 2019 / Rules and Regulations
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.
Florida’s nonattainment SIP revision
included permit conditions prescribing
controls and emissions limits to reduce
SO2 emissions at the only point source
of SO2 emissions within the Nassau
County Area—Rayonier Performance
Fibers, LLC Fernandina Beach Sulfite
Pulp Mill (Rayonier)—and at the largest
source of SO2 within 25 km outside of
the nonattainment area—WestRock CP,
LLC Fernandina Beach Mill (WestRock).
These measures were fully implemented
at Rayonier during the second quarter of
2014 and at WestRock in December
2017. Florida’s nonattainment SIP
revision also included a modeled
attainment demonstration for the 2010
SO2 NAAQS based on the permit
conditions at Rayonier and WestRock
provided therein, a base year emissions
inventory, RACM/Reasonably Available
Control Technology (RACT), an RFP
plan, NNSR permitting program, and
contingency measures for the Nassau
County Area, thereby satisfying the
required nonattainment planning
requirements mentioned above for the
Nassau County Area. On July 3, 2017
(82 FR 30749), EPA approved Florida’s
April 3, 2015, SO2 nonattainment SIP
revision, making the aforementioned
permit conditions at Rayonier and
WestRock permanent and enforceable.
On June 7, 2018, Florida submitted a
request to EPA for redesignation of the
Nassau County Area to attainment for
the 2010 1-hour SO2 NAAQS and a
related SIP revision containing a
maintenance plan for the Area. In a
notice of proposed rulemaking (NPRM)
published on February 15, 2019 (84 FR
4411), EPA proposed to determine that
the Area attained the 2010 1-hour SO2
NAAQS by its attainment date of
October 4, 2018; to approve the
VerDate Sep<11>2014
15:47 Apr 23, 2019
Jkt 247001
maintenance plan for the Area as
meeting the maintenance plan
requirements of CAA section 175A and
to incorporate it into the SIP; and to
approve Florida’s request for
redesignation of the Area from
nonattainment to attainment for the
2010 1-hour SO2 NAAQS as meeting the
redesignation requirements of CAA
section 107(d)(3)(E). No adverse
comments were received on the
February 15, 2019, proposed
rulemaking. The details of Florida’s
submittal and the rationale for EPA’s
actions are further explained in the
NPRM, including the modeled
attainment demonstration and qualityassured, complete, and certified 2015–
2017 ambient air monitoring data used
to determine attainment with the 2010
1-hour SO2 NAAQS.
II. What are the effects of these actions?
Approval of the redesignation request
changes the legal designation of the
Nassau County Area, found at 40 CFR
81.310, from nonattainment to
attainment for the 2010 1-hour SO2
NAAQS. Approval of Florida’s
associated SIP revision also incorporates
a plan into the SIP for maintaining the
2010 1-hour SO2 NAAQS in the Nassau
County Area as described in the NPRM.
The maintenance plan also establishes
contingency measures to remedy any
future violations of the 2010 1-hour SO2
NAAQS and procedures for evaluation
of potential violations.
EPA is finalizing the redesignation of
the Nassau County Area to attainment
for the 2010 1-hour SO2 NAAQS and
finalizing the approval of the CAA
section 175A maintenance plan for the
2010 1-hour SO2 NAAQS. The Area is
required to implement the CAA section
175A maintenance plan for the 2010 1hour SO2 NAAQS that is being
approved in today’s action and the
prevention of significant deterioration
program for the 2010 1-hour SO2
NAAQS. The approved maintenance
plan can only be revised if the revision
meets the requirements of CAA section
110(l) and, if applicable, CAA section
193.
III. Final Action
EPA is taking final actions regarding
Florida’s request to redesignate the
Nassau County Area to attainment for
the 2010 1-hour SO2 NAAQS and
associated SIP revision. EPA is
determining that the Nassau County
Area attained the 2010 1-hour SO2
NAAQS by its applicable attainment
date of October 4, 2018. EPA is also
approving the SIP revision containing
the State’s plan for maintaining
attainment of the 2010 1-hour SO2
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
standard and incorporating the
maintenance plan into the SIP. Finally,
EPA is approving Florida’s
redesignation request and redesignating
the Nassau County Area to attainment
for the 2010 1-hour SO2 NAAQS. As
mentioned above, approval of the
redesignation request changes the
official designation of the Nassau
County Area from nonattainment to
attainment, as found in 40 CFR part 81.
IV. 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).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, these actions
merely approve state law as meeting
Federal requirements and do not impose
additional requirements beyond those
imposed by state law. For this reason,
these 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
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
E:\FR\FM\24APR1.SGM
24APR1
17087
Federal Register / Vol. 84, No. 79 / Wednesday, April 24, 2019 / Rules and Regulations
• 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).
These actions are not approved to
apply on any Indian reservation land or
in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 24, 2019. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects
reference, Intergovernmental relations,
Sulfur dioxide, Reporting and
recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air
pollution control.
Dated: April 11, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
40 CFR parts 52 and 81 are amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart K—Florida
2. Section 52.520(e) is amended by
adding an entry for ‘‘2010 1-hour SO2
Maintenance Plan for the Nassau Area’’
at the end of the table to read as follows:
■
§ 52.520
*
40 CFR Part 52
*
Identification of plan.
*
*
*
(e) * * *
Environmental protection, Air
pollution control, Incorporation by
EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS
State
effective
date
Provision
*
*
*
2010 1-hour SO2 Maintenance Plan for the Nassau Area
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
■
EPA
approval
date
Federal Register, notice
4/24/2019
*
*
[Insert citation of publication].
*
6/7/2018
4. In § 81.310, the table entitled
‘‘Florida-2010 Sulfur Dioxide NAAQS
(Primary)’’ is amended by revising the
entry for ‘‘Nassau County, FL’’ to read
as follows:
■
§ 81.310
*
*
jbell on DSK30RV082PROD with RULES
16:49 Apr 23, 2019
Jkt 247001
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
E:\FR\FM\24APR1.SGM
*
Florida.
*
Authority: 42 U.S.C. 7401, et seq.
VerDate Sep<11>2014
Explanation
24APR1
*
*
17088
Federal Register / Vol. 84, No. 79 / Wednesday, April 24, 2019 / Rules and Regulations
FLORIDA—2010 SULFUR DIOXIDE NAAQS
[Primary]
Designation
Designated area
Date 1
*
*
*
*
*
Nassau County, FL 2 ................................................................................................................................................
Nassau County (part):
That portion of Nassau County 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 SO2 monitor) and the radius being 2.4 kilometers.
*
*
*
*
*
date is 4/9/2018, unless otherwise noted.
2 Excludes Indian country located in each area, if any, unless otherwise specified.
*
*
*
*
[FR Doc. 2019–08162 Filed 4–23–19; 8:45 am]
jbell on DSK30RV082PROD with RULES
BILLING CODE 6560–50–P
VerDate Sep<11>2014
16:49 Apr 23, 2019
Jkt 247001
PO 00000
Frm 00034
Fmt 4700
Sfmt 9990
E:\FR\FM\24APR1.SGM
4/24/2019
*
1 This
*
*
24APR1
Type
*
Attainment.
*
]]>Agencies
[Federal Register Volume 84, Number 79 (Wednesday, April 24, 2019)]
[Rules and Regulations]
[Pages 17085-17088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08162]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R04-OAR-2018-0523; FRL-9992-53-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: Final 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
taking final action 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: This rule will be effective May 24, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2018-0523. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the 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. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Madolyn Sanchez, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. Ms. Sanchez may be reached by phone at (404) 562-9644 or
via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. What is the background for the actions?
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\
---------------------------------------------------------------------------
\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 Nassau County 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). The 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). 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
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
[[Page 17086]]
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.
Florida's nonattainment SIP revision included permit conditions
prescribing controls and emissions limits to reduce SO2
emissions at the only point source of SO2 emissions within
the Nassau County Area--Rayonier Performance Fibers, LLC Fernandina
Beach Sulfite Pulp Mill (Rayonier)--and at the largest source of
SO2 within 25 km outside of the nonattainment area--WestRock
CP, LLC Fernandina Beach Mill (WestRock). These measures were fully
implemented at Rayonier during the second quarter of 2014 and at
WestRock in December 2017. Florida's nonattainment SIP revision also
included a modeled attainment demonstration for the 2010 SO2
NAAQS based on the permit conditions at Rayonier and WestRock provided
therein, a base year emissions inventory, RACM/Reasonably Available
Control Technology (RACT), an RFP plan, NNSR permitting program, and
contingency measures for the Nassau County Area, thereby satisfying the
required nonattainment planning requirements mentioned above for the
Nassau County Area. On July 3, 2017 (82 FR 30749), EPA approved
Florida's April 3, 2015, SO2 nonattainment SIP revision,
making the aforementioned permit conditions at Rayonier and WestRock
permanent and enforceable.
On June 7, 2018, Florida submitted a request to EPA for
redesignation of the Nassau County Area to attainment for the 2010 1-
hour SO2 NAAQS and a related SIP revision containing a
maintenance plan for the Area. In a notice of proposed rulemaking
(NPRM) published on February 15, 2019 (84 FR 4411), EPA proposed to
determine that the Area attained the 2010 1-hour SO2 NAAQS
by its attainment date of October 4, 2018; to approve the maintenance
plan for the Area as meeting the maintenance plan requirements of CAA
section 175A and to incorporate it into the SIP; and to approve
Florida's request for redesignation of the Area from nonattainment to
attainment for the 2010 1-hour SO2 NAAQS as meeting the
redesignation requirements of CAA section 107(d)(3)(E). No adverse
comments were received on the February 15, 2019, proposed rulemaking.
The details of Florida's submittal and the rationale for EPA's actions
are further explained in the NPRM, including the modeled attainment
demonstration and quality-assured, complete, and certified 2015-2017
ambient air monitoring data used to determine attainment with the 2010
1-hour SO2 NAAQS.
II. What are the effects of these actions?
Approval of the redesignation request changes the legal designation
of the Nassau County Area, found at 40 CFR 81.310, from nonattainment
to attainment for the 2010 1-hour SO2 NAAQS. Approval of
Florida's associated SIP revision also incorporates a plan into the SIP
for maintaining the 2010 1-hour SO2 NAAQS in the Nassau
County Area as described in the NPRM. The maintenance plan also
establishes contingency measures to remedy any future violations of the
2010 1-hour SO2 NAAQS and procedures for evaluation of
potential violations.
EPA is finalizing the redesignation of the Nassau County Area to
attainment for the 2010 1-hour SO2 NAAQS and finalizing the
approval of the CAA section 175A maintenance plan for the 2010 1-hour
SO2 NAAQS. The Area is required to implement the CAA section
175A maintenance plan for the 2010 1-hour SO2 NAAQS that is
being approved in today's action and the prevention of significant
deterioration program for the 2010 1-hour SO2 NAAQS. The
approved maintenance plan can only be revised if the revision meets the
requirements of CAA section 110(l) and, if applicable, CAA section 193.
III. Final Action
EPA is taking final actions regarding Florida's request to
redesignate the Nassau County Area to attainment for the 2010 1-hour
SO2 NAAQS and associated SIP revision. EPA is determining
that the Nassau County Area attained the 2010 1-hour SO2
NAAQS by its applicable attainment date of October 4, 2018. EPA is also
approving the SIP revision containing the State's plan for maintaining
attainment of the 2010 1-hour SO2 standard and incorporating
the maintenance plan into the SIP. Finally, EPA is approving Florida's
redesignation request and redesignating the Nassau County Area to
attainment for the 2010 1-hour SO2 NAAQS. As mentioned
above, approval of the redesignation request changes the official
designation of the Nassau County Area from nonattainment to attainment,
as found in 40 CFR part 81.
IV. 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). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, these actions merely approve state law as meeting Federal
requirements and do not impose additional requirements beyond those
imposed by state law. For this reason, these 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 mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
[[Page 17087]]
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).
These actions are not approved to apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications as specified by Executive Order
13175 (65 FR 67249, November 9, 2000), nor will it impose substantial
direct costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 24, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Sulfur dioxide, Reporting and
recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air pollution control.
Dated: April 11, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
40 CFR parts 52 and 81 are amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart K--Florida
0
2. Section 52.520(e) is amended by adding an entry for ``2010 1-hour
SO2 Maintenance Plan for the Nassau Area'' at the end of the
table to read as follows:
Sec. 52.520 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Florida Non-Regulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
Provision effective EPA approval Federal Register, notice Explanation
date date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
2010 1-hour SO2 Maintenance Plan for 6/7/2018 4/24/2019 [Insert citation of publication]......... .........................................
the Nassau Area.
--------------------------------------------------------------------------------------------------------------------------------------------------------
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
4. In Sec. 81.310, the table entitled ``Florida-2010 Sulfur Dioxide
NAAQS (Primary)'' is amended by revising the entry for ``Nassau County,
FL'' to read as follows:
Sec. 81.310 Florida.
* * * * *
[[Page 17088]]
Florida--2010 Sulfur Dioxide NAAQS
[Primary]
------------------------------------------------------------------------
Designation
Designated area ---------------------------------------
Date \1\ Type
------------------------------------------------------------------------
* * * * * * *
Nassau County, FL \2\........... 4/24/2019 Attainment.
Nassau County (part):
That portion of Nassau
County 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 SO2 monitor)
and the radius being
2.4 kilometers.
* * * * * * *
------------------------------------------------------------------------
\1\ This date is 4/9/2018, unless otherwise noted.
\2\ Excludes Indian country located in each area, if any, unless
otherwise specified.
* * * * *
[FR Doc. 2019-08162 Filed 4-23-19; 8:45 am]
BILLING CODE 6560-50-P
