
[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\
---------------------------------------------------------------------------

    \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.''
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    \6\ Preliminary 2018 data is available at https://www.epa.gov/outdoor-air-quality-data/monitor-values-report.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

    \25\ See SO2 Nonattainment Area Guidance at p.69.
---------------------------------------------------------------------------

    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:
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

     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


