[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]


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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.

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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\
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    \1\ See 40 CFR part 50, appendix T, section 3(b).
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    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
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                                            State
               Provision                  effective   EPA approval           Federal Register, notice                         Explanation
                                            date          date
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                                                                      * * * * * * *
2010 1-hour SO2 Maintenance Plan for       6/7/2018     4/24/2019   [Insert citation of publication].........  .........................................
 the Nassau Area.
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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.

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[[Page 17088]]



                   Florida--2010 Sulfur Dioxide NAAQS
                                [Primary]
------------------------------------------------------------------------
                                                Designation
         Designated area         ---------------------------------------
                                     Date \1\              Type
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                              * * * * * * *
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.
 
                              * * * * * * *
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\1\ This date is 4/9/2018, unless otherwise noted.
\2\ Excludes Indian country located in each area, if any, unless
  otherwise specified.

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[FR Doc. 2019-08162 Filed 4-23-19; 8:45 am]
BILLING CODE 6560-50-P


