81_FR_57698 81 FR 57535 - Air Plan Approval; FL: Nassau Area; SO2

81 FR 57535 - Air Plan Approval; FL: Nassau Area; SO2

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 163 (August 23, 2016)

Page Range57535-57544
FR Document2016-20119

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision, submitted by the State of Florida through the Florida Department of Environmental Protection (FL DEP), to EPA on April 3, 2015, for the purpose of providing for attainment of the 2010 Sulfur Dioxide (SO<INF>2</INF>) National Ambient Air Quality Standards (NAAQS) in the Nassau County SO<INF>2</INF> nonattainment area (hereafter referred to as the ``Nassau Area'' or ``Area''). The Nassau Area is comprised of a portion of Nassau County in Florida surrounding the Rayonier Performance Fibers, LLC sulfite pulp mill (hereafter referred to as ``Rayonier''). The attainment plan includes the base year emissions inventory, an analysis of the reasonably available control technology (RACT) and reasonably available control measures (RACM), a reasonable further progress (RFP) plan, a modeling demonstration of SO<INF>2</INF> attainment, and contingency measures for the Nassau Area. As a part of approving the attainment demonstration, EPA is also proposing to approve into the Florida SIP the SO<INF>2</INF> emissions limits and associated compliance parameters. This action is being taken in accordance with Clean Air Act (CAA or Act) and EPA's guidance related to SO<INF>2</INF> attainment planning.

Federal Register, Volume 81 Issue 163 (Tuesday, August 23, 2016)
[Federal Register Volume 81, Number 163 (Tuesday, August 23, 2016)]
[Proposed Rules]
[Pages 57535-57544]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20119]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

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


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

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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[[Page 57536]]

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

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

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0623 at http://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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: D. Brad Akers, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Mr. Akers can be reached via electronic mail at 
[email protected] or via telephone at (404)562-9089.

SUPPLEMENTARY INFORMATION: 

Table of Contents

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

I. What action is EPA proposing to take?

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

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

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[[Page 57537]]

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

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

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

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

A. Pollutants Addressed

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

B. Emissions Inventory Requirements

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

[[Page 57538]]

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

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

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

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

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

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

[[Page 57539]]

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

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

    The SO2 attainment demonstration provides an air quality 
dispersion modeling analysis to demonstrate that control strategies 
chosen to reduce SO2 source emissions will bring the area 
into attainment by the statutory attainment date of October 4, 2018. 
The modeling analysis, outlined in Appendix W to 40 CFR part 51 (EPA's 
Modeling Guidance),\10\ is used for the attainment demonstration to 
assess the control strategy for a nonattainment area and establish 
emission limits that will provide for attainment. The analysis requires 
five years of meteorological data to simulate the dispersion of 
pollutant plumes from multiple point, area, or volume sources across 
the averaging times of interest. The modeling demonstration typically 
also relies on maximum allowable emissions from sources in the 
nonattainment area. Though the actual emissions are likely to be below 
the allowable emissions, sources have the ability to run at higher 
production rates or optimize controls such that emissions approach the 
allowable emissions limits. A modeling analysis that provides for 
attainment under all scenarios of operation for each source must 
therefore consider the worst case scenario of both the meteorology 
(e.g., predominant wind directions, stagnation, etc.) and the maximum 
allowable emissions.
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    \10\ 40 CFR part 51 Appendix W (EPA's Guideline on Air Quality 
Models) (November 2005) located at http://www3.epa.gov/ttn/scram/guidance/guide/appw_05.pdf. EPA has proposed changes to Appendix W. 
See 80 FR 45340 (July 29, 2015).
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    FL DEP's modeling analysis was developed in accordance with EPA's 
Modeling Guidance and the SO2 Nonattainment Guidance, and 
was prepared using EPA's preferred dispersion modeling system, the 
American Meteorological Society/Environmental Protection Agency 
Regulatory Model (AERMOD) consisting of the AERMOD (version 14134) 
model and two data input preprocessors AERMET (version 14134) and 
AERMAP (version 11103). AERMINUTE meteorological preprocessor and 
AERSURFACE surface characteristics preprocessor were also used to 
develop inputs to AERMET. The Building Profile Input Program for Plume 
Rise Model Enhancements (BPIP-PRIME) was also used in the downwash-
modeling. More detailed information on the AERMOD Modeling system, and 
other modeling tools and documents can be found on the EPA Technology 
Transfer Network Support Center for Regulatory Atmospheric Modeling 
(SCRAM) (http://www3.epa.gov/ttn/scram/) and in Florida's April 3, 
2015, SIP submittal in the docket for this proposed action (EPA-R04-
OAR-2015-0623) on www.regulations.gov. A brief description of the 
modeling used to support Florida's attainment demonstration is provided 
later on.
1. Modeling Approach
    The following is an overview of the air quality modeling approach 
used to demonstrate compliance with the 2010 SO2 NAAQS, as 
submitted in Florida's April 3, 2015, submittal. The basic procedures 
are outlined later in this preamble.
    i. FL DEP developed model inputs using the AERMOD modeling system 
and processors.
    The pre-processors AERMET and AERMINUTE were used to process five 
years (i.e., 2008-2012) of 1-minute meteorological data from the 
Jacksonville National Weather Service Office (NWS) at the Jacksonville 
International Airport, Jacksonville, Florida, surface level site, based 
on FL DEP's land use classifications, in combination with twice daily 
upper-air meteorological information from the same site. The 
Jacksonville International Airport is located approximately 28 km 
southeast from Nassau Area. The AERMOD pre-processor AERMAP was used to 
generate terrain inputs for the receptors, based on a digital elevation 
mapping database from the National Elevation Dataset developed by the 
U.S. Geological Survey. FL DEP used AERSURFACE to generate direction-
specific land-use surface characteristics for the modeling. The BPIP-
PRIME preprocessor was used to generate direction-specific building 
downwash parameters. FL DEP developed a Cartesian receptor grid across 
the nonattainment boundary (approximately 2.4 km around the violating 
monitor), with 100 meter spacing in ambient air

[[Page 57540]]

to ensure maximum concentrations are captured in the analysis. All 
other input options were also developed commensurate with the Modeling 
Guidance.
    Next, FL DEP selected a background SO2 concentration 
based on local SO2 monitoring data from monitoring station 
No. 12-089-0005 for the period January 2012 to December 2013. This 
background concentration from the nearby ambient air monitor is used to 
account for SO2 impacts from all sources that are not 
specifically included in the AERMOD modeling analysis. The data was 
obtained from the Florida Air Monitoring and Assessment System. This 
monitor is approximately 0.9 km to the southeast of Rayonier and 2.5 km 
south of WestRock. Due to its close proximity to the Rayonier facility, 
monitored concentrations at this station are strongly influenced by 
emissions from both facilities. As a result, the data was filtered to 
remove measurements where the wind direction could transport pollutants 
from Rayonier and WestRock to the station. More specifically, the data 
was filtered to remove measurements where hourly wind direction was 
between 263[deg] to 61[deg].
    ii. FL DEP performed current and post-control dispersion modeling 
using the EPA-approved AERMOD modeling system.
    iii. Finally, FL DEP derived the 99th percentile maximum 1-hour 
daily SO2 design value across the five year meteorological 
data period.
    EPA's SO2 nonattainment implementation guidance provides 
a procedure for establishing longer-term averaging times for 
SO2 emission limits (up to a 30-day rolling averaging 
time).\11\ In conjunction with states' CAA obligation to submit SIPs 
that demonstrate attainment, EPA believes that air agencies that 
consider longer term average times for a SIP emission limit should 
provide additional justification for the application of such limits. 
This justification involves determining the ``critical emission value'' 
\12\ or the 1-hour emission limit that modeling found to provide for 
attainment and adjusting this rate downward to obtain a comparable 
stringency to the modeled 1-hour average emission limit. A comparison 
of the 1-hour limit and the proposed longer term limit, in particular 
an assessment of whether the longer term average limit may be 
considered to be of comparable stringency to a 1-hour limit at the 
critical emission value, is critical for demonstrating that any longer 
term average limits in the SIP will help provide adequate assurance 
that the plan will provide for attainment and maintenance of the 1-hour 
NAAQS. This allows states to develop control strategies that account 
for variability in 1-hour emissions rates through emission limits with 
averaging times that are longer than 1 hour, using averaging times as 
long as 30-days, and still demonstrate attainment of the 2010 
SO2 NAAQS.
---------------------------------------------------------------------------

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

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

2. Modeling Results

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

                              Table 3--Maximum Modeled SO2 Impacts in the Nassau Area, Micrograms per Cubic Meter (ppb)\13\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Maximum predicted impact
             Model scenario                       Averaging time         --------------------------------   Background         Total         SO2 NAAQS
                                                                             Rayonier        WestRock
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pre-modification........................  1-hour........................        \14\ 0.0  2957.80 (1128)      4.19 (1.6)  2961.99 (1130)     196. 4 (75)
Equal Cap Distribution..................  1-hour........................   114.45 (43.7)    67.69 (25.8)    10.72 (4.09)   192.87 (73.6)
Entire Cap--EU 007......................  1-hour........................   110.93 (42.3)    71.56 (27.3)      9.16 (3.5)   191.65 (73.1)
Entire Cap--EU 011......................  1-hour........................   117.51 (44.8)    63.79 (24.3)     12.82 (4.9)   194.11 (74.0)
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 57541]]

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

    \13\ The April 3, 2015, final submittal contained typographical 
errors in its summary modeling table. On April 8, 2016, FL DEP 
provided EPA Region 4 with corrected numbers. FL DEP in no way 
revised the modeling demonstration nor the results inherent in the 
April 3, 2015, submittal. The correspondence and clarifying 
information is provided in the Docket for this proposed action.
    \14\ The ``0'' impact from Rayonier indicates that the worst 
case scenario was at a time when WestRock was impacting the area of 
maximum concentration because the wind was coming from the direction 
of WestRock. Rayonier impacts other receptors in the nonattainment 
area and may impact this same receptor at other times, as can be 
seen with the remainder of the modeling demonstration.
    \15\ The final stack height for the vent gas scrubber system 
(Rayonier EU 005) is 180 ft. The construction permit contained 
options for the power boiler (Rayonier EU 022) to meet a moderately 
lower emission limit paired with an increased stack height, or an 
even lower emission limit on the unit and maintaining the existing 
stack height. The stack height for EU 022 was not increased, as 
Rayonier selected the lower emission limit option.
    \16\ See EPA's June 1985 guidance document, ``Guideline for 
Determination of Good Engineering Practice Stack Height (Technical 
Support Document For the Stack Height Regulations),'' which can be 
found at: http://www3.epa.gov/scram001/guidance/guide/gep.pdf.
---------------------------------------------------------------------------

    The control strategy for WestRock, as reflected in its Air Permit 
No. 0890003-046-AC, includes the following operational changes to the 
four largest SO2-emitting units: Improved combustion at 
WestRock EUs 007 and 011, the two recovery boilers, and emissions 
limits on WestRock EUs 006, 015, 007 and 011, the two power boilers and 
two recovery boilers. Florida will incorporate the new physical and 
operational changes for WestRock into its title V permit upon renewal. 
The title V permit is scheduled to be renewed by March 17, 2017. 
WestRock's allowable SO2 emissions from WestRock EU 006, the 
power boiler No. 5, will be reduced from 550 lb/hr to 15 lb/hr 
representing a 97 percent emission decrease. The modeling results 
included in Table 3 prove that WestRock should be included in the 
considerations of controls for the following reasons: (1) If both 
facilities were left uncontrolled, as presented in the first modeled 
scenario, WestRock would have the greater impact on the area of maximum 
concentration within the Nassau Area; and (2) with the worst possible 
post-control modeling scenario, 35 percent of the total predicted 
impact on the Nassau Area would stem from WestRock. Therefore, if no 
controls were implemented at WestRock, the Area would not likely attain 
and maintain the 2010 SO2 NAAQS. All emissions limits and 
related compliance parameters have been proposed for incorporation into 
the SIP to make these changes federally enforceable. More details on 
the pre- and post-construction operations at the facilities are 
included in the Florida SIP submission. FL DEP asserts that the 
proposed control strategy significantly lowers the modeled 
SO2 impacts from the WestRock facility and is sufficient for 
the Nassau Area to attain 2010 SO2 NAAQS.
    EPA has reviewed the modeling that Florida submitted to support the 
attainment demonstration for the Nassau Area and has preliminarily 
determined that this modeling is consistent with CAA requirements, 
Appendix W and EPA's guidance for SO2 attainment 
demonstration modeling.

D. RACM/RACT

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

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

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

[[Page 57542]]

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

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

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

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

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


[[Page 57543]]

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

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

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

E. RFP Plan

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

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

F. Contingency Measures

    In accordance with section 172(c)(9) of the CAA, contingency 
measures are required as additional measures to be implemented in the 
event that an area fails to meet the RFP requirements or fails to 
attain a standard by its attainment date. These measures must be fully 
adopted rules or control measures that can be implemented quickly and 
without additional EPA or state action if the area fails to meet RFP 
requirements or fails to meet its attainment date and should contain 
trigger mechanisms and an implementation schedule. However, 
SO2 presents special considerations. As stated in the final 
2010 SO2 NAAQS promulgation on June 22, 2010 (75 FR 35520) 
and in the 2014 SO2 Nonattainment Guidance, EPA concluded 
that because of the quantifiable relationship between SO2 
sources and control measures, it is appropriate that state agencies 
develop a ``comprehensive program to identify sources of violations of 
the SO2 NAAQS and undertake an aggressive follow-up for 
compliance and enforcement.''
    Based on all the control measures that are completed for Rayonier 
and planned for WestRock, FL DEP believes that the 2010 SO2 
NAAQS can be achieved on a consistent basis. However, if a fourth 
exceedance of the SO2 NAAQS occurs during any calendar year, 
or upon a determination that the Nassau Area has failed to attain the 
NAAQS by the attainment date, Rayonier and WestRock will immediately 
undertake full system audits of controlled SO2 emissions. 
Within 10 days, each source will independently submit a report to FL 
DEP summarizing all operating parameters for four 10-day periods up to 
and including the dates of the exceedances. These sources are required 
to deploy provisional SO2 emission control strategies within 
this 10-day period and include ``evidence that these control strategies 
have been deployed, as appropriate'' in the report to FL DEP. FL DEP 
will then begin a 30-day evaluation of these reports to determine the 
cause of the exceedances, followed by a 30-day consultation period with 
the sources to develop and implement

[[Page 57544]]

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

G. Attainment Date

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

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

V. Proposed Action

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

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed action merely approves state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

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



                                                                         Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Proposed Rules                                                57535

                                                  system). For additional submission                      ENVIRONMENTAL PROTECTION                              INFORMATION CONTACT     section. For the
                                                  methods, please contact the person                      AGENCY                                                full EPA public comment policy,
                                                  identified in the ‘‘For Further                                                                               information about CBI or multimedia
                                                  Information Contact’’ section. For the                  40 CFR Part 52                                        submissions, and general guidance on
                                                  full EPA public comment policy,                         [EPA–R05–OAR–2015–0075; FRL–9950–85–                  making effective comments, please visit
                                                  information about CBI or multimedia                     Region 5]                                             http://www2.epa.gov/dockets/
                                                  submissions, and general guidance on                                                                          commenting-epa-dockets.
                                                  making effective comments, please visit                 Air Plan Approval; Wisconsin;                         FOR FURTHER INFORMATION CONTACT:
                                                  http://www2.epa.gov/dockets/                            Kenosha County, 2008 8-Hour Ozone                     Michael Leslie, Environmental
                                                  commenting-epa-dockets.                                 Nonattainment Area Reasonable                         Engineer, Control Strategies Section, Air
                                                                                                          Further Progress Plan                                 Programs Branch (AR–18J),
                                                  FOR FURTHER INFORMATION CONTACT:    Eric                                                                      Environmental Protection Agency,
                                                                                                          AGENCY:  Environmental Protection
                                                  Svingen, Environmental Engineer,                                                                              Region 5, 77 West Jackson Boulevard,
                                                                                                          Agency (EPA).
                                                  Attainment Planning and Maintenance                                                                           Chicago, Illinois 60604, (312) 353–6680,
                                                                                                          ACTION: Proposed rule.
                                                  Section, Air Programs Branch (AR–18J),                                                                        leslie.michael@epa.gov.
                                                  Environmental Protection Agency,                        SUMMARY:   The Environmental Protection               SUPPLEMENTARY INFORMATION: In the
                                                  Region 5, 77 West Jackson Boulevard,                    Agency (EPA) is proposing to approve                  Final Rules section of this Federal
                                                  Chicago, Illinois 60604, (312) 353–4489,                an Early Progress Plan and motor                      Register, EPA is approving the State’s
                                                  svingen.eric@epa.gov.                                   vehicle emissions budgets (MVEBs) for                 SIP submittal as a direct final rule
                                                                                                          volatile organic compounds and oxides                 without prior proposal because the
                                                  SUPPLEMENTARY INFORMATION:       In the
                                                                                                          of nitrogen for Kenosha County,                       Agency views this as a noncontroversial
                                                  Final Rules section of this Federal                     Wisconsin. Wisconsin submitted an
                                                  Register, EPA is approving the State’s                                                                        submittal and anticipates no adverse
                                                                                                          Early Progress Plan for Kenosha County                comments. A detailed rationale for the
                                                  SIP submittal as a direct final rule                    on January 16, 2015. This submittal was
                                                  without prior proposal because the                                                                            approval is set forth in the direct final
                                                                                                          developed to establish MVEBs for the                  rule. If no adverse comments are
                                                  Agency views this as a noncontroversial                 Kenosha 8-hour ozone nonattainment
                                                  submittal and anticipates no adverse                                                                          received in response to this rule, no
                                                                                                          area. This approval of the Early Progress             further activity is contemplated. If EPA
                                                  comments. A detailed rationale for the                  Plan for the Kenosha 2008 8-Hour ozone                receives adverse comments, the direct
                                                  approval is set forth in the direct final               nonattainment area is based on EPA’s                  final rule will be withdrawn and all
                                                  rule. If no adverse comments are                        determination that Wisconsin has                      public comments received will be
                                                  received in response to this rule, no                   demonstrated that the State                           addressed in a subsequent final rule
                                                  further activity is contemplated. If EPA                Implementation Plan (SIP) revision
                                                                                                                                                                based on this proposed rule. EPA will
                                                  receives adverse comments, the direct                   containing these MVEBs, when
                                                                                                                                                                not institute a second comment period.
                                                  final rule will be withdrawn and all                    considered with the emissions from all
                                                                                                                                                                Any parties interested in commenting
                                                  public comments received will be                        sources, shows some progress toward
                                                                                                                                                                on this action should do so at this time.
                                                  addressed in a subsequent final rule                    attainment from the 2011 base year
                                                                                                                                                                Please note that if EPA receives adverse
                                                  based on this proposed rule. EPA will                   through a 2015 target year.
                                                                                                                                                                comment on an amendment, paragraph,
                                                  not institute a second comment period.                  DATES: Comments must be received on
                                                                                                                                                                or section of this rule and if that
                                                  Any parties interested in commenting                    or before September 22, 2016.                         provision may be severed from the
                                                  on this action should do so at this time.               ADDRESSES: Submit your comments,                      remainder of the rule, EPA may adopt
                                                  Please note that if EPA receives adverse                identified by Docket ID No. EPA–R05–                  as final those provisions of the rule that
                                                  comment on an amendment, paragraph,                     OAR–2015–0075 at http://                              are not the subject of an adverse
                                                  or section of this rule and if that                     www.regulations.gov or via email to                   comment. For additional information,
                                                  provision may be severed from the                       persoon.carolyn@epa.gov. For                          see the direct final rule which is located
                                                  remainder of the rule, EPA may adopt                    comments submitted at Regulations.gov,                in the Rules section of this Federal
                                                                                                          follow the online instructions for                    Register.
                                                  as final those provisions of the rule that
                                                                                                          submitting comments. Once submitted,
                                                  are not the subject of an adverse                                                                               Dated: August 5, 2016.
                                                                                                          comments cannot be edited or removed
                                                  comment. For additional information,                    from Regulations.gov. For either manner               Robert A. Kaplan,
                                                  see the direct final rule which is located              of submission, EPA may publish any                    Acting Regional Administrator, Region 5.
                                                  in the Rules section of this Federal                    comment received to its public docket.                [FR Doc. 2016–20008 Filed 8–22–16; 8:45 am]
                                                  Register.                                               Do not submit electronically any                      BILLING CODE 6560–50–P
                                                    Dated: August 5, 2016.                                information you consider to be
                                                  Robert A. Kaplan,                                       Confidential Business Information (CBI)
                                                                                                          or other information whose disclosure is              ENVIRONMENTAL PROTECTION
                                                  Acting Regional Administrator, Region 5.
                                                                                                          restricted by statute. Multimedia                     AGENCY
                                                  [FR Doc. 2016–20011 Filed 8–22–16; 8:45 am]
                                                                                                          submissions (audio, video, etc.) must be
                                                  BILLING CODE 6560–50–P                                  accompanied by a written comment.                     40 CFR Part 52
                                                                                                          The written comment is considered the
                                                                                                          official comment and should include                   [EPA–R04–OAR–2015–0623; FRL–9951–32–
srobinson on DSK5SPTVN1PROD with PROPOSALS




                                                                                                          discussion of all points you wish to                  Region 4]
                                                                                                          make. EPA will generally not consider
                                                                                                          comments or comment contents located                  Air Plan Approval; FL: Nassau Area;
                                                                                                          outside of the primary submission (i.e.               SO2 Attainment Demonstration
                                                                                                          on the web, cloud, or other file sharing              AGENCY:  Environmental Protection
                                                                                                          system). For additional submission                    Agency.
                                                                                                          methods, please contact the person
                                                                                                                                                                ACTION: Proposed rule.
                                                                                                          identified in the FOR FURTHER


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                                                  57536                  Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Proposed Rules

                                                  SUMMARY:    The Environmental Protection                FOR FURTHER INFORMATION CONTACT:    D.                  proposed action is discussed in Section
                                                  Agency (EPA) is proposing to approve a                  Brad Akers, Air Regulatory Management                   IV of this proposed rulemaking.
                                                  State Implementation Plan (SIP)                         Section, Air Planning and
                                                                                                                                                                  II. What is the background for EPA’s
                                                  revision, submitted by the State of                     Implementation Branch, Air, Pesticides
                                                                                                                                                                  proposed action?
                                                  Florida through the Florida Department                  and Toxics Management Division, U.S.
                                                  of Environmental Protection (FL DEP),                   Environmental Protection Agency,                           On June 2, 2010, the EPA
                                                  to EPA on April 3, 2015, for the purpose                Region 4, 61 Forsyth Street SW.,                        Administrator signed a final rule
                                                  of providing for attainment of the 2010                 Atlanta, Georgia 30303–8960. Mr. Akers                  establishing a new SO2 NAAQS as a 1-
                                                  Sulfur Dioxide (SO2) National Ambient                   can be reached via electronic mail at                   hour standard of 75 parts per billion
                                                  Air Quality Standards (NAAQS) in the                    akers.brad@epa.gov or via telephone at                  (ppb), based on a 3-year average of the
                                                  Nassau County SO2 nonattainment area                    (404)562–9089.                                          annual 99th percentile of 1-hour daily
                                                  (hereafter referred to as the ‘‘Nassau                                                                          maximum concentrations. See 75 FR
                                                                                                          SUPPLEMENTARY INFORMATION:                              35520 (June 22, 2010). This action also
                                                  Area’’ or ‘‘Area’’). The Nassau Area is
                                                  comprised of a portion of Nassau                        Table of Contents                                       revoked the existing 1971 annual
                                                  County in Florida surrounding the                                                                               standard and 24-hour standards, subject
                                                                                                          I. What action is EPA proposing to take?                to certain conditions.2 EPA established
                                                  Rayonier Performance Fibers, LLC                        II. What is the background for EPA’s
                                                  sulfite pulp mill (hereafter referred to as                                                                     the NAAQS based on significant
                                                                                                               proposed action?                                   evidence and numerous health studies
                                                  ‘‘Rayonier’’). The attainment plan                      III. What is included in Florida’s attainment
                                                  includes the base year emissions                                                                                demonstrating that serious health effects
                                                                                                               plan for the Nassau Area?
                                                  inventory, an analysis of the reasonably                IV. What is EPA’s analysis of Florida’s
                                                                                                                                                                  are associated with short-term
                                                  available control technology (RACT)                          attainment plan for the Nassau Area?               exposures to SO2 emissions ranging
                                                  and reasonably available control                           A. Pollutants Addressed                              from 5 minutes to 24 hours with an
                                                  measures (RACM), a reasonable further                      B. Emissions Inventory Requirements                  array of adverse respiratory effects
                                                  progress (RFP) plan, a modeling                            C. Air Quality Modeling                              including narrowing of the airways
                                                  demonstration of SO2 attainment, and                       D. RACM/RACT                                         which can cause difficulty breathing
                                                  contingency measures for the Nassau
                                                                                                             E. RFP Plan                                          (bronchoconstriction) and increased
                                                                                                             F. Contingency Measures                              asthma symptoms. For more
                                                  Area. As a part of approving the                           G. Attainment Date
                                                  attainment demonstration, EPA is also                                                                           information regarding the health
                                                                                                          V. Proposed Action                                      impacts of SO2, please refer to the June
                                                  proposing to approve into the Florida                   VI. Statutory and Executive Order Reviews               22, 2010 final rulemaking. See 75 FR
                                                  SIP the SO2 emissions limits and
                                                                                                          I. What action is EPA proposing to                      35520. Following promulgation of a new
                                                  associated compliance parameters. This
                                                                                                          take?                                                   or revised NAAQS, EPA is required by
                                                  action is being taken in accordance with
                                                                                                                                                                  the CAA to designate areas throughout
                                                  Clean Air Act (CAA or Act) and EPA’s                       EPA is proposing to approve Florida’s                the United States as attaining or not
                                                  guidance related to SO2 attainment                      SIP revision for the Nassau Area, as                    attaining the NAAQS; this designation
                                                  planning.                                               submitted through FL DEP to EPA on                      process is described in section 107(d)(1)
                                                  DATES: Comments must be received on                     April 3, 2015, for the purpose of                       of the CAA. On August 5, 2013, EPA
                                                  or before September 22, 2016.                           demonstrating attainment of the 2010 1-                 promulgated initial air quality
                                                                                                          hour SO2 NAAQS. Specifically, EPA is                    designations of 29 areas for the 2010
                                                  ADDRESSES:   Submit your comments,                      proposing to approve the base year                      SO2 NAAQS (78 FR 47191), which
                                                  identified by Docket ID No. EPA–R04–                    emissions inventory, a modeling                         became effective on October 4, 2013,
                                                  OAR–2015–0623 at http://                                demonstration of SO2 attainment, an                     based on violating air quality
                                                  www.regulations.gov. Follow the online                  analysis of RACM/RACT, a RFP plan,                      monitoring data for calendar years
                                                  instructions for submitting comments.                   and contingency measures for the                        2009–2011, where there was sufficient
                                                  Once submitted, comments cannot be                      Nassau Area. Additionally, EPA is                       data to support a nonattainment
                                                  edited or removed from Regulations.gov.                 proposing to approve specific SO2                       designation.3
                                                  EPA may publish any comment received                    emission limits and compliance
                                                  to its public docket. Do not submit                     parameters established for the two SO2                     2 EPA’s June 22, 2010 final action revoked the two

                                                  electronically any information you                      sources impacting the Nassau Area into                  1971 primary 24-hour standard of 140 ppb and the
                                                  consider to be Confidential Business                                                                            annual standard of 30 ppb because they were
                                                                                                          the Florida SIP.                                        determined not to add additional public health
                                                  Information (CBI) or other information                                                                          protection given a 1-hour standard at 75 ppb. See
                                                                                                             EPA has preliminarily determined
                                                  whose disclosure is restricted by statute.                                                                      75 FR 35520. However, the secondary 3-hour SO2
                                                                                                          that Florida’s SO2 attainment plan for
                                                  Multimedia submissions (audio, video,                                                                           standard was retained. Currently, the 24-hour and
                                                                                                          the 2010 1-hour SO2 NAAQS for Nassau                    annual standards are only revoked for those areas
                                                  etc.) must be accompanied by a written
                                                                                                          County meets the applicable                             the EPA has already designated for the 2010 1-hour
                                                  comment. The written comment is                                                                                 SO2 NAAQS in August 2013 and June 30, 2016,
                                                                                                          requirements of the CAA and EPA’s SO2
                                                  considered the official comment and                                                                             including the Nassau Area. See 40 CFR 50.4(e).
                                                                                                          Nonattainment Guidance.1 Moreover,
                                                  should include discussion of all points                                                                            3 EPA is continuing its designation efforts for the
                                                                                                          the Nassau Area is currently showing a                  2010 SO2 NAAQS. Pursuant to a court-ordered
                                                  you wish to make. EPA will generally
                                                                                                          design value below the 2010 SO2                         consent decree finalized March 2, 2015, in the U.S.
                                                  not consider comments or comment
                                                                                                          NAAQS, having implemented most of                       District Court for the Northern District of California,
                                                  contents located outside of the primary                                                                         EPA must complete the remaining designations for
                                                                                                          the control measures included in the
                                                  submission (i.e. on the web, cloud, or                                                                          the rest of the country on a schedule that contains
srobinson on DSK5SPTVN1PROD with PROPOSALS




                                                                                                          SIP submittal. Thus, EPA is proposing                   three specific deadlines. By July 2, 2016, EPA must
                                                  other file sharing system). For
                                                                                                          to approve Florida’s attainment plan for                designate areas specified in the March 2, 2015
                                                  additional submission methods, the full
                                                                                                          the Nassau Area as submitted on April                   consent decree based on specific emission criteria.
                                                  EPA public comment policy,                                                                                      Sierra Club, et al. v. Environmental Protection
                                                                                                          3, 2015. EPA’s analysis for this
                                                  information about CBI or multimedia                                                                             Agency, 13-cv-03953–SI (2015). The last two
                                                  submissions, and general guidance on                                                                            deadlines for completing designations, December
                                                                                                             1 EPA’s April 23, 2014 memorandum entitled           2017 and December 2020 are expected to be
                                                  making effective comments, please visit                 ‘‘Guidance for the 1-Hour SO2 Nonattainment Area        informed by information required pursuant the
                                                  http://www2.epa.gov/dockets/                            SIP Submissions,’’ hereafter referred to as the ‘‘SO2   ‘‘Data Requirements Rule for the 2010 1-Hour
                                                  commenting-epa-dockets.                                 Nonattainment Guidance.’’                               Sulfur Dioxide (SO2) Primary National Ambient Air



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                                                                         Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Proposed Rules                                             57537

                                                     Effective on October 4, 2013, the                    contributing to violations of the 2010                   IV. What is EPA’s analysis of Florida’s
                                                  Nassau Area was designated as                           SO2 NAAQS; a declaration that FL DEP                     attainment plan for the Nassau Area?
                                                  nonattainment for the 2010 SO2 NAAQS                    is unaware of any future growth in the                     Consistent with CAA requirements
                                                  for an area that encompasses the                        area that would be subject to CAA 173,4                  (see, e.g., section 172), an attainment
                                                  primary SO2 emitting source Rayonier                    and the assertion that the NNSR                          demonstration for a SO2 nonattainment
                                                  sulfite pulp mill and the nearby SO2                    program approved in the SIP at Section                   area must include a showing that the
                                                  monitor (Air Quality Site ID: 12–089–                   62–252.500, Florida Administrative                       area will attain the 2010 SO2 NAAQS as
                                                  0005). The October 4, 2013, final                       Code (F.A.C.) would account for any                      expeditiously as practicable. The
                                                  designation triggered a requirement for                 such growth; a modeling analysis of an                   demonstration must also meet the
                                                  Florida to submit a SIP revision with a                 emissions control strategy for the                       requirements of 40 Code of Federal
                                                  plan for how the Area would attain the                  Rayonier sulfite pulp mill 5 and a nearby                Regulations (CFR) 51.112 and Part 51,
                                                  2010 SO2 NAAQS as expeditiously as                      source, the WestRock CP, LLC kraft pulp                  Appendix W, and include inventory
                                                  practicable, but no later than October 4,               mill (formerly RockTenn kraft pulp                       data, modeling results, and emissions
                                                  2018, in accordance with CAA section                    mill) 6 (hereafter referred to as                        reduction analyses on which the state
                                                  172(b).                                                 ‘‘WestRock’’), that attains the SO2                      has based its projected attainment. In
                                                     The required components of a
                                                                                                          NAAQS by the October 4, 2018                             the case of the Nassau Area, 2013–2015
                                                  nonattainment plan submittal are listed
                                                                                                          attainment date; a determination that                    quality-assured and certified air quality
                                                  in section 172(c) of part D of the CAA.
                                                                                                          the control strategy for the primary SO2                 data indicated a design value below the
                                                  The base year emissions inventory
                                                                                                          source within the NAA constitutes                        2010 1-hour SO2 NAAQS. EPA is
                                                  (section 172(c)(3)) is required to show a
                                                  ‘‘comprehensive, accurate, current                      RACM/RACT; adherence to a                                proposing that the attainment plan
                                                  inventory’’ of all relevant pollutants in               construction schedule to ensure                          submitted by Florida is sufficient, and
                                                  the nonattainment area. The                             emissions reductions are achieved as                     EPA is proposing to approve the plan to
                                                  nonattainment plan must identify and                    expeditiously as practicable; a request                  assure ongoing attainment.
                                                  quantify any expected emissions from                    from FL DEP that emissions reduction                     A. Pollutants Addressed
                                                  the construction of new sources to                      measures including system upgrades
                                                                                                          and/or emissions limitations with                           Florida’s SO2 attainment plan
                                                  account for emissions in the area that
                                                                                                          schedules for implementation and                         evaluates SO2 emissions for the portion
                                                  might affect RFP toward attainment, or
                                                                                                          compliance parameters be incorporated                    of Nassau County that is designated
                                                  with attainment and maintenance of the
                                                                                                          into the SIP; and contingency                            nonattainment for the 2010 SO2
                                                  NAAQS, and provide for a
                                                                                                          measures.7                                               NAAQS. There are no significant
                                                  nonattainment new source review
                                                                                                                                                                   precursors to consider for the SO2
                                                  (NNSR) program (section 172(c)(5)). The
                                                                                                             4 The CAA new source review (NSR) program is          attainment plan. SO2 is a pollutant that
                                                  attainment demonstration must include
                                                                                                          composed of three separate programs: Prevention of       arises from direct emissions, and
                                                  a modeling analysis showing that the                    significant deterioration (PSD), NNSR, and Minor         therefore concentrations are highest
                                                  enforceable emissions limitations and                   NSR. PSD is established in part C of title I of the      relatively close to the source(s) and
                                                  other control measures taken by the                     CAA and applies in areas that meet the NAAQS—
                                                                                                          ‘‘attainment areas’’—as well as areas where there is
                                                                                                                                                                   much lower at greater distances due to
                                                  state will provide for expeditious
                                                                                                          insufficient information to determine if the area        dispersion. See SO2 Nonattainment
                                                  attainment of the NAAQS (section                        meets the NAAQS—‘‘unclassifiable areas.’’ The            Guidance. Thus, SO2 concentration
                                                  172(c)). The nonattainment plan must                    NNSR program is established in part D of title I of      patterns resemble those of other directly
                                                  include an analysis of the RACM                         the CAA and applies in areas that are not in
                                                                                                          attainment of the NAAQS—‘‘nonattainment areas.’’
                                                                                                                                                                   emitted pollutants like lead and differ
                                                  considered, including RACT (section
                                                                                                          The Minor NSR program addresses construction or          from those of photochemically-formed
                                                  172(c)(1)). RFP for the nonattainment                   modification activities that do not qualify as           (secondary) pollutants such as ozone.
                                                  area must be addressed in the submittal.                ‘‘major’’ and applies regardless of the designation      The two sources included in FL DEP’s
                                                  Finally, the nonattainment plan must                    of the area in which a source is located. Together,
                                                                                                          these programs are referred to as the NSR programs.
                                                                                                                                                                   SIP to address the Nassau Area and their
                                                  provide for contingency measures
                                                                                                          Section 173 of the CAA lays out the NNSR program         operations are briefly described later in
                                                  (section 172(c)(9)) to be implemented in                for preconstruction review of new major sources or       this preamble. As the Nassau Area
                                                  the case that RFP toward attainment is                  major modifications to existing sources, as required     includes one such major point source of
                                                  not made, or the area fails to attain the               by CAA section 172(c)(5). The programmatic
                                                                                                          elements for NNSR include, among other things,
                                                                                                                                                                   SO2 and one source just outside the
                                                  NAAQS by the attainment date.
                                                                                                          compliance with the lowest achievable emissions          Area, it is expected that an attainment
                                                  III. What is included in Florida’s                      rate and the requirement to obtain emissions offsets.    demonstration addressing SO2
                                                  attainment plan for the Nassau Area?                       5 Rayonier processes high purity wood pulp used
                                                                                                                                                                   emissions at these two sources will
                                                                                                          in manufacturing photographic films, filters, rayon      effectively ensure that the Area will
                                                     In accordance with section 172(c) of                 fabric and other industrial and consumer products.
                                                  the CAA, the Florida attainment plan for                   6 The new company name of WestRock reflects           attain by the attainment date of October
                                                  the Nassau Area includes: (1) An                        the recent merger between companies MeadWestCo           4, 2018.
                                                                                                          and RockTenn. FL DEP issued an administrative
                                                  emissions inventory for SO2 for the                     revision to the operating permit, revision number        B. Emissions Inventory Requirements
                                                  plan’s base year (2011); and (2) an                     0890003–048–AV, on August 19, 2015 to reflect this
                                                  attainment demonstration. The                                                                                      States are required under section
                                                                                                          administrative change in company name. The April
                                                  attainment demonstration includes:                      3, 2015, final SIP submittal was prior to this merger,   172(c)(3) of the CAA to develop
                                                  Technical analyses that locate, identify,               and therefore refers to WestRock as RockTenn.            comprehensive, accurate and current
                                                                                                          WestRock produces various containerboard                 emissions inventories of all sources of
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                                                  and quantify sources of emissions                       products.
                                                                                                             7 General Conformity pursuant to CAA section
                                                                                                                                                                   the relevant pollutant or pollutants in
                                                  Quality Standard (NAAQS); Final Rule,’’ or ‘‘Data       176(c) requires that actions by federal agencies do
                                                                                                                                                                   the area. These inventories provide a
                                                  Requirements Rule.’’ See 80 FR 51052 (August 21,        not cause new air quality issues or delay or interfere   detailed accounting of all emissions and
                                                  2015). http://www.epa.gov/airquality/sulfurdioxide/     with attainment of a NAAQS. With respect to the          emission sources by precursor or
                                                  designations/pdfs/201503Schedule.pdf. On June 30,       Nassau nonattainment area federal agencies must          pollutant. In addition, inventories are
                                                  2016, EPA designated a total of 61 areas for the        work with the state to ensure that federal actions
                                                  2010- 1-hour SO2 standard as part of the 2nd round      conform to the air quality plans established in the
                                                                                                                                                                   used in air quality modeling to
                                                  of designations pursuant to the March 2, 2015           applicable SIP that ensures attainment of the SO2        demonstrate that attainment of the
                                                  consent decree. See 81 FR 45039.                        NAAQS.                                                   NAAQS is as expeditious as practicable.


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                                                  57538                          Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Proposed Rules

                                                  The April 23, 2014, SO2 Nonattainment                                         • Rayonier EU 006 is the sulfite                      Emissions from the WestRock facility
                                                  Guidance provides that the emissions                                       recovery boiler, which fires spent liquor              were collected via CEMS or calculated.
                                                  inventory should be consistent with the                                    to produce combustion gases that                       Specifically, WestRock EUs 007, 011,
                                                  Air Emissions Reporting Requirements                                       contain recoverable SO2 and heat for                   and 015 did not previously have CEMS
                                                  (AERR) at Subpart A to 40 CFR part 51.8                                    steam generation;                                      installed. In this instance, the emission
                                                     For the base year inventory of actual                                      • Rayonier EU 022 is the power                      rates of SO2 were calculated, as shown
                                                  emissions, a ‘‘comprehensive, accurate                                     boiler, which fires biomass and No. 6                  in Appendix B of the April 3, 2015,
                                                  and current,’’ inventory can be                                            fuel oil to produce heat for steam                     submittal. For WestRock EU 015, the
                                                  represented by a year that contributed to                                  generation; and                                        hourly feed rates of coal, fuel oil and/
                                                  the three-year design value used for the                                      • Rayonier EU 005 is itself a control               or natural gas burned are included along
                                                  original nonattainment designation. The                                    technology, utilizing a wet alkaline                   with the particular emission factors
                                                  final SO2 Nonattainment Guidance                                           absorbing section for SO2 removal,                     used to calculate the SO2 emissions
                                                  notes that the base year inventory                                         while Rayonier EU 006 and EU 022 each                  rates. For WestRock EUs 007 and 011,
                                                  should include all sources of SO2 in the                                   have wet alkaline scrubbers in place.                  the hourly rates of the black liquor
                                                  nonattainment area as well as any                                          The emissions at all units for the                     solids and/or oil burned are included
                                                  sources located outside the                                                Rayonier facility were recorded using                  along with the particular emission
                                                  nonattainment area which may affect                                        data collected from continuous                         factors used to calculate the SO2
                                                  attainment in the area. Florida elected to                                 emissions monitoring systems (CEMS)                    emissions rates.
                                                  use 2011 as the base year. Actual                                          and are quality-assured by FL DEP.                       Pursuant to Florida’s SIP-approved
                                                  emissions from all sources of SO2 in the                                      The largest SO2 source within 25                    regulations at Chapter 62–210.370,
                                                  Nassau Area were reviewed and                                              kilometers (km) outside the Nassau Area                F.A.C., paragraph (3), FL DEP collects
                                                  compiled for the base year emissions                                       is WestRock. The WestRock facilities                   annual operating reports (AORs),
                                                  inventory. Emissions from all stationary                                   consist of five main SO2 emitters:                     incorporated by reference into the SIP at
                                                  sources of SO2 located in the Nassau                                          • Emissions Unit 006 (WestRock EU                   62–210.900(5), from all major sources.
                                                  Area were estimated and included in                                        006) is the No. 5 power boiler, which                  These AORs were used to develop the
                                                  the inventory, and a source outside the                                    fires biomass and No. 6 fuel oil to                    base year inventory for actual emissions
                                                  Area that FL DEP determined caused or                                      produce heat for steam generation;                     for the point sources and satisfy the
                                                  contributed to elevated SO2                                                   • WestRock EUs 007 and 011 are                      AERR. FL DEP utilized EPA’s 2011
                                                  concentrations within the                                                  recovery boilers, which fire black liquor              National Emissions Inventory (NEI),
                                                  nonattainment area was also included.                                      solids to produce heat for steam                       Version 2 to obtain estimates of the area
                                                     The primary SO2-emitting point                                          generation and recover process                         and nonroad sources. For onroad mobile
                                                  source located within the Nassau Area                                      chemicals;                                             source emissions, FL DEP utilized EPA’s
                                                  is the Rayonier sulfite pulp mill, which                                      • WestRock EU 015 is the No. 7                      Motor Vehicle Emissions Simulator
                                                  produces films, fibers and fabrics among                                   power boiler, which fires coal, oil and/               (MOVES2014). A more detailed
                                                  other consumer products. Rayonier                                          or natural gas to produce heat for steam               discussion of the emissions inventory
                                                  consists of three main SO2 emitters:                                       generation; and                                        development for the Nassau Area can be
                                                     • Emissions Unit (EU) 005 (Rayonier                                        • WestRock EU 021 is a lime kiln,                   found in Florida’s April 3, 2015,
                                                  EU 005) is the vent gas scrubbing                                          which burns low volume, high density                   submittal.
                                                  system, which handles emissions from                                       non-condensable gases (NCGs) from                        Table 1 shows the level of emissions,
                                                  numerous vents from the cooking acid                                       several units across the plant in                      expressed in tpy, in the Nassau Area for
                                                  plant, the red stock washers, the                                          addition to its primary purpose of                     the 2011 base year by emissions source
                                                  unwashed stock tank, the spent sulfite                                     converting calcium carbonate to lime.                  category. The point source category
                                                  liquor storage tanks, the spent sulfite                                    WestRock EU 006 currently serves as a                  includes WestRock, outside the Nassau
                                                  liquor washer area, the digesters, and                                     backup control device for NCGs that                    Area, but determined by FL DEP to
                                                  the blow pits;                                                             pass through WestRock EU 021.                          contribute to nonattainment.

                                                                                            TABLE 1—2011 BASE YEAR EMISSIONS INVENTORY FOR THE NASSAU AREA
                                                                                                                                                      [tpy]

                                                                                           Year                                                  Point             Onroad           Nonroad              Area                Total

                                                  2011 .....................................................................................      4,278.64                 0.08              0.09               0.39          4,279.20



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

                                                    8 The AERR at Subpart A to 40 CFR part 51 cover                          pollutants to EPA’s Emissions Inventory System.        data sources, to build the National Emissions
                                                  overarching federal reporting requirements for the                         The EPA uses these submittals, along with other        Inventory.
                                                  states to submit emissions inventories for criteria



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                                                                                 Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Proposed Rules                                                             57539

                                                  source growth should not significantly                                     inventory, discussed previously, that                  a control measure were modeled to
                                                  impact the Area. FL DEP further asserts                                    were determined to impact the Nassau                   show attainment. These allowable
                                                  that the NNSR program at Section 62–                                       County NAA. The projected 2018                         emission limits are higher than the
                                                  252.500, F.A.C., approved into the SIP                                     emissions in Table 2 are estimated                     projected actual emissions included in
                                                  and last updated on June 27, 2008 (see                                     actual emissions, representing a 21                    the future year inventory, and therefore
                                                  73 FR 36435), would address any                                            percent reduction from the base year                   offer greater level of certainty that the
                                                  proposed new major sources or planned                                      SO2 emissions. The point source                        NAAQS will be protected under all
                                                  major modifications for SO2 sources.9                                      emissions were estimated by                            operating scenarios. Emissions estimates
                                                  The NNSR program includes lowest                                           multiplying the 2018 allowable                         for onroad sources were re-estimated
                                                  achievable emissions rate, offsets, and                                    emissions by the ratio of 2011 actual                  with MOVES2014. The nonroad and
                                                  public hearing requirements.                                               emissions to allowable emissions. Per
                                                                                                                                                                                    area source emissions were scaled based
                                                    FL DEP provided a 2018 projected                                         the SO2 Nonattainment Guidance, the
                                                                                                                                                                                    on estimated population growth in the
                                                  emissions inventory for all known                                          allowable emission limits that FL DEP is
                                                  sources included in the 2011 base year                                     requesting EPA approve into the SIP as                 Nassau Area portion of Nassau County.

                                                                                       TABLE 2—PROJECTED 2018 SO2 EMISSIONS INVENTORY FOR THE NASSAU AREA
                                                                                                                                                      [tpy]

                                                                                           Year                                                  Point             Onroad           Nonroad              Area              Total

                                                  2011 .....................................................................................      4,278.64                 0.08              0.09               0.39        4,279.20
                                                  2018 .....................................................................................      3,376.26                 0.03              0.10               0.41        3,376.80



                                                  C. Air Quality Modeling                                                      FL DEP’s modeling analysis was                       demonstrate compliance with the 2010
                                                                                                                             developed in accordance with EPA’s                     SO2 NAAQS, as submitted in Florida’s
                                                     The SO2 attainment demonstration                                        Modeling Guidance and the SO2                          April 3, 2015, submittal. The basic
                                                  provides an air quality dispersion                                         Nonattainment Guidance, and was                        procedures are outlined later in this
                                                  modeling analysis to demonstrate that                                      prepared using EPA’s preferred                         preamble.
                                                  control strategies chosen to reduce SO2                                    dispersion modeling system, the                          i. FL DEP developed model inputs
                                                  source emissions will bring the area into                                  American Meteorological Society/                       using the AERMOD modeling system
                                                  attainment by the statutory attainment                                     Environmental Protection Agency                        and processors.
                                                  date of October 4, 2018. The modeling                                      Regulatory Model (AERMOD) consisting                     The pre-processors AERMET and
                                                  analysis, outlined in Appendix W to 40                                     of the AERMOD (version 14134) model                    AERMINUTE were used to process five
                                                  CFR part 51 (EPA’s Modeling                                                and two data input preprocessors                       years (i.e., 2008–2012) of 1-minute
                                                  Guidance),10 is used for the attainment                                    AERMET (version 14134) and AERMAP                      meteorological data from the
                                                  demonstration to assess the control                                        (version 11103). AERMINUTE                             Jacksonville National Weather Service
                                                  strategy for a nonattainment area and                                      meteorological preprocessor and                        Office (NWS) at the Jacksonville
                                                  establish emission limits that will                                        AERSURFACE surface characteristics                     International Airport, Jacksonville,
                                                  provide for attainment. The analysis                                       preprocessor were also used to develop                 Florida, surface level site, based on FL
                                                  requires five years of meteorological                                      inputs to AERMET. The Building Profile                 DEP’s land use classifications, in
                                                  data to simulate the dispersion of                                         Input Program for Plume Rise Model                     combination with twice daily upper-air
                                                                                                                             Enhancements (BPIP–PRIME) was also                     meteorological information from the
                                                  pollutant plumes from multiple point,
                                                                                                                             used in the downwash-modeling. More                    same site. The Jacksonville International
                                                  area, or volume sources across the
                                                                                                                             detailed information on the AERMOD                     Airport is located approximately 28 km
                                                  averaging times of interest. The
                                                                                                                             Modeling system, and other modeling                    southeast from Nassau Area. The
                                                  modeling demonstration typically also
                                                                                                                             tools and documents can be found on                    AERMOD pre-processor AERMAP was
                                                  relies on maximum allowable emissions                                                                                             used to generate terrain inputs for the
                                                  from sources in the nonattainment area.                                    the EPA Technology Transfer Network
                                                                                                                             Support Center for Regulatory                          receptors, based on a digital elevation
                                                  Though the actual emissions are likely                                                                                            mapping database from the National
                                                                                                                             Atmospheric Modeling (SCRAM)
                                                  to be below the allowable emissions,                                                                                              Elevation Dataset developed by the U.S.
                                                                                                                             (http://www3.epa.gov/ttn/scram/) and
                                                  sources have the ability to run at higher                                                                                         Geological Survey. FL DEP used
                                                                                                                             in Florida’s April 3, 2015, SIP submittal
                                                  production rates or optimize controls                                                                                             AERSURFACE to generate direction-
                                                                                                                             in the docket for this proposed action
                                                  such that emissions approach the                                           (EPA–R04–OAR–2015–0623) on                             specific land-use surface characteristics
                                                  allowable emissions limits. A modeling                                     www.regulations.gov. A brief                           for the modeling. The BPIP–PRIME
                                                  analysis that provides for attainment                                      description of the modeling used to                    preprocessor was used to generate
                                                  under all scenarios of operation for each                                  support Florida’s attainment                           direction-specific building downwash
                                                  source must therefore consider the                                         demonstration is provided later on.                    parameters. FL DEP developed a
                                                  worst case scenario of both the                                                                                                   Cartesian receptor grid across the
                                                  meteorology (e.g., predominant wind                                        1. Modeling Approach                                   nonattainment boundary (approximately
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                                                  directions, stagnation, etc.) and the                                         The following is an overview of the                 2.4 km around the violating monitor),
                                                  maximum allowable emissions.                                               air quality modeling approach used to                  with 100 meter spacing in ambient air
                                                    9 FL DEP acknowledges a minor source permit to                           electrical grid. Because the turbine is natural-gas      10 40 CFR part 51 Appendix W (EPA’s Guideline

                                                  construct a natural gas-fired combustion turbine                           fired, maximum annual SO2 emissions would be           on Air Quality Models) (November 2005) located at
                                                  cogeneration system within the Nassau                                      less than 7 tons per year (tpy) and not subject to     http://www3.epa.gov/ttn/scram/guidance/guide/
                                                  nonattainment area located on the Rayonier                                 NNSR. FL DEP determined that these small SO2           appw_05.pdf. EPA has proposed changes to
                                                  property. The turbine would produce process steam                          emissions resulting from the new facility would not
                                                                                                                                                                                    Appendix W. See 80 FR 45340 (July 29, 2015).
                                                  for the co-located Rayonier plant which would                              interfere with the attainment plan for the Nassau
                                                  generate up to 21 megawatts provided to the                                Area.



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                                                  57540                       Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Proposed Rules

                                                  to ensure maximum concentrations are                              limits. This justification involves                   modeling runs were the result of using
                                                  captured in the analysis. All other input                         determining the ‘‘critical emission                   an uncontrolled, or pre-modification,
                                                  options were also developed                                       value’’ 12 or the 1-hour emission limit               run and three different controlled, or
                                                  commensurate with the Modeling                                    that modeling found to provide for                    post-modification, scenarios. Maximum
                                                  Guidance.                                                         attainment and adjusting this rate                    allowable permitted emissions limits
                                                     Next, FL DEP selected a background                             downward to obtain a comparable                       were used for the Nassau Area modeling
                                                  SO2 concentration based on local SO2                              stringency to the modeled 1-hour                      demonstration. These emissions limits
                                                  monitoring data from monitoring station                           average emission limit. A comparison of               and other control measures were
                                                  No. 12–089–0005 for the period January                            the 1-hour limit and the proposed                     established in construction permits
                                                  2012 to December 2013. This                                       longer term limit, in particular an                   issued by FL DEP. The conditions have
                                                  background concentration from the                                 assessment of whether the longer term                 been incorporated in the latest title V
                                                  nearby ambient air monitor is used to                             average limit may be considered to be of              permit renewal for Rayonier, and will be
                                                  account for SO2 impacts from all                                  comparable stringency to a 1-hour limit               incorporated for WestRock upon future
                                                  sources that are not specifically                                 at the critical emission value, is critical           title V renewal. FL DEP is requesting
                                                  included in the AERMOD modeling                                   for demonstrating that any longer term                that these emissions limits and
                                                  analysis. The data was obtained from                              average limits in the SIP will help                   operating conditions, detailed in
                                                  the Florida Air Monitoring and                                    provide adequate assurance that the
                                                  Assessment System. This monitor is                                                                                      Section IV.D. of this proposed
                                                                                                                    plan will provide for attainment and
                                                  approximately 0.9 km to the southeast                                                                                   rulemaking, be adopted into the SIP to
                                                                                                                    maintenance of the 1-hour NAAQS.
                                                  of Rayonier and 2.5 km south of                                                                                         become federally enforceable upon
                                                                                                                    This allows states to develop control
                                                  WestRock. Due to its close proximity to                           strategies that account for variability in            approval of the nonattainment plan,
                                                  the Rayonier facility, monitored                                  1-hour emissions rates through emission               prior to the renewal of the title V
                                                  concentrations at this station are                                limits with averaging times that are                  operating permit for the WestRock
                                                  strongly influenced by emissions from                             longer than 1 hour, using averaging                   facility. The three post-control runs help
                                                  both facilities. As a result, the data was                        times as long as 30-days, and still                   to identify the worst possible scenario of
                                                  filtered to remove measurements where                             demonstrate attainment of the 2010 SO2                emissions distributions between the two
                                                  the wind direction could transport                                NAAQS.                                                units EUs 007 and 011 (recovery boilers)
                                                  pollutants from Rayonier and WestRock                                EPA’s recommended procedure for                    at the WestRock facility. Under one
                                                  to the station. More specifically, the                            determining longer term averaging                     modeling scenario, an emissions cap of
                                                  data was filtered to remove                                       times, including calculating the                      300 pounds per hour (lb/hr) SO2 for
                                                  measurements where hourly wind                                    adjustment factor between the 1-hour                  WestRock EUs 007 and 011 is allotted
                                                  direction was between 263° to 61°.                                critical emission value and the                       equally between the recovery boilers.
                                                     ii. FL DEP performed current and                               equivalent 30-day rolling average                     For the two remaining scenarios, the
                                                  post-control dispersion modeling using                            emissions limit, is provided in                       entire 300 lb/hr cap is allotted totally for
                                                  the EPA-approved AERMOD modeling                                  Appendices B and C of the SO2                         EU 007 or EU 011, assuming that only
                                                  system.                                                           Nonattainment Guidance. EPA is                        one recovery boiler is operating.
                                                     iii. Finally, FL DEP derived the 99th                          proposing to conclude that FL DEP                        The modeling utilized five years
                                                  percentile maximum 1-hour daily SO2                               completed this analysis for both                      (2008–2012) of meteorological data from
                                                  design value across the five year                                 Rayonier and WestRock facilities to                   the NWS site in Jacksonville, Florida, as
                                                  meteorological data period.                                       derive SIP emission limits with 3-hour
                                                     EPA’s SO2 nonattainment                                                                                              processed through AERMET,
                                                                                                                    longer-term averaging time that are                   AERMINTE and AERSURFACE. This
                                                  implementation guidance provides a                                comparatively stringent to the 1-hour
                                                  procedure for establishing longer-term                                                                                  procedure was used since this site
                                                                                                                    limit. For more details, see Florida’s                represented the nearest site with
                                                  averaging times for SO2 emission limits                           April 3, 2015, SIP submittal.
                                                  (up to a 30-day rolling averaging time).11                                                                              complete data.
                                                  In conjunction with states’ CAA                                   2. Modeling Results                                      Table 3 shows that the maximum 1-
                                                  obligation to submit SIPs that                                       The SO2 NAAQS compliance results                   hour average across all five years of
                                                  demonstrate attainment, EPA believes                              of the attainment modeling are                        meteorological data (2008–2012) is less
                                                  that air agencies that consider longer                            summarized in Table 3 later on in this                than or equal to the 2010 SO2 NAAQS
                                                  term average times for a SIP emission                             preamble. Table 3 presents the results                of 75 ppb for all three sets of AERMOD
                                                  limit should provide additional                                   from four sets of AERMOD modeling                     modeling runs. For more details, see
                                                  justification for the application of such                         runs that were performed. The four                    Florida’s April 3, 2015 SIP submittal.

                                                            TABLE 3—MAXIMUM MODELED SO2 IMPACTS IN THE NASSAU AREA, MICROGRAMS PER CUBIC METER (ppb)13
                                                                                                                                      Maximum predicted impact
                                                                   Model scenario                            Averaging time                                              Background            Total        SO2 NAAQS
                                                                                                                                      Rayonier          WestRock

                                                  Pre-modification .......................................   1-hour ............            14 0.0          2957.80          4.19 (1.6)          2961.99       196. 4 (75)
                                                                                                                                                             (1128)                               (1130)
                                                  Equal Cap Distribution .............................       1-hour ............   114.45 (43.7)        67.69 (25.8)      10.72 (4.09)      192.87 (73.6)
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                                                  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)




                                                    11 FL DEP is following the SO Nonattainment                       12 The hourly emission rate that the model          annual 99th percentile of daily maximum hourly
                                                                                  2
                                                  Guidance on procedures for establishing emissions                 predicts would result in the 5-year average of the    SO2 concentrations at the level of the NAAQS.
                                                  limits with averaging periods longer than 1 hour.



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                                                                          Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Proposed Rules                                                 57541

                                                     The pre-controlanalysis resultedin a                  authorize Rayonier to operate in                     state determines to be both reasonably
                                                  predicted impact of 1130 ppb. The post-                  accordance with those conditions.                    available and contribute to attainment
                                                  control analysis resulted in a worst-case                   The control strategy for WestRock, as             as expeditiously as practicable ‘‘for
                                                  predicted impact of 74.0 ppb. EPA is                     reflected in its Air Permit No. 0890003–             existing sources in the area.’’
                                                  preliminarily determining that this data                 046–AC, includes the following                         Florida’s analysis is found in Section
                                                  indicates sufficient reductions in air                   operational changes to the four largest              3 of the FL DEP attainment
                                                  quality impact with the future                           SO2-emitting units: Improved                         demonstration within the April 3, 2015,
                                                  implementation of the post-construction                  combustion at WestRock EUs 007 and                   SIP submittal. The State determined that
                                                  control plan for the Rayonier and                        011, the two recovery boilers, and                   controls for SO2 emissions at Rayonier
                                                  WestRock facilities. Furthermore, EPA                    emissions limits on WestRock EUs 006,                are appropriate in the Nassau Area for
                                                                                                           015, 007 and 011, the two power boilers              purposes of attaining the 2010 SO2
                                                  is preliminarily concluding that this
                                                                                                           and two recovery boilers. Florida will               NAAQS. Florida only completed a
                                                  data also supports FL DEP’s analysis
                                                                                                           incorporate the new physical and                     RACM/RACT analysis for Rayonier
                                                  that the controls for Rayonier represent                 operational changes for WestRock into                since it is the only such point source
                                                  RACM and RACT for the SIP. The                           its title V permit upon renewal. The title           within the boundaries of the
                                                  control strategy for Rayonier, as                        V permit is scheduled to be renewed by               nonattainment area. FL DEP included
                                                  reflected in its Air Permit No. 0890004–                 March 17, 2017. WestRock’s allowable                 WestRock in its attainment and impact
                                                  036–AC, includes increasing a stack                      SO2 emissions from WestRock EU 006,                  modeling because of the source’s
                                                  height for Rayonier EU 005, a vent                       the power boiler No. 5, will be reduced              proximity to the Nassau Area (within 5
                                                  scrubber, from 110 feet (ft) to at least                 from 550 lb/hr to 15 lb/hr representing              km) and its likelihood of contributing to
                                                  165 ft, and plans to extend another stack                a 97 percent emission decrease. The                  violations of the SO2 NAAQS within the
                                                  at a power boiler (Rayonier EU 022) if                   modeling results included in Table 3                 area. In a modeling-based attainment
                                                  needed; 15 and lowering the allowable                    prove that WestRock should be included               demonstration, the means of
                                                  SO2 emissions for the power boiler                       in the considerations of controls for the            considering impacts of sources outside
                                                  (Rayonier EU 006), recovery boiler                       following reasons: (1) If both facilities            the nonattainment area would depend
                                                  (Rayonier EU 022), and vent gas                          were left uncontrolled, as presented in              on whether the sources cause significant
                                                  scrubber system (Rayonier EU 005). The                   the first modeled scenario, WestRock                 concentration gradients. Florida
                                                  result of increasing a stack height is that              would have the greater impact on the                 proposed a control strategy for the
                                                  the plume has a better opportunity for                   area of maximum concentration within                 WestRock facility, but does not assert
                                                  greater dispersion across an area,                       the Nassau Area; and (2) with the worst              that those controls constitute ‘‘the
                                                  minimizing stagnation and local                          possible post-control modeling scenario,             lowest emission limitation that a
                                                  impacts from higher concentrations,                      35 percent of the total predicted impact             particular source is capable of meeting
                                                  primarily due to the avoidance of                        on the Nassau Area would stem from                   by the application of control technology
                                                  building downwash effects.16 Rayonier’s                  WestRock. Therefore, if no controls                  that is reasonably available considering
                                                  allowable SO2 emissions (total from all                  were implemented at WestRock, the                    technological and economic
                                                  three controlled units) will be reduced                  Area would not likely attain and                     feasibility’’ 17 because section 172(c)(1)
                                                  from 836.5 lb/hr to 502.3 lb/hr                          maintain the 2010 SO2 NAAQS. All                     provides for the implementation of
                                                  representing a 40 percent emission                       emissions limits and related compliance              RACT for existing sources in the area.
                                                  decrease. The state issued a revised title               parameters have been proposed for                    However, an analysis of attainment
                                                  V permit (No. 0890004–042–AV) to                         incorporation into the SIP to make these             needs to consider all potential sources,
                                                                                                           changes federally enforceable. More                  both inside and outside the
                                                  incorporate the Rayonier Permit and
                                                                                                           details on the pre- and post-construction            nonattainment area that could
                                                     13 The April 3, 2015, final submittal contained
                                                                                                           operations at the facilities are included            reasonably cause or contribute to
                                                  typographical errors in its summary modeling table.
                                                                                                           in the Florida SIP submission. FL DEP                violations of the NAAQS within the
                                                  On April 8, 2016, FL DEP provided EPA Region 4           asserts that the proposed control                    area. FL DEP affirms the
                                                  with corrected numbers. FL DEP in no way revised         strategy significantly lowers the                    implementation of controls at WestRock
                                                  the modeling demonstration nor the results               modeled SO2 impacts from the
                                                  inherent in the April 3, 2015, submittal. The
                                                                                                                                                                significantly lowers the modeled SO2
                                                  correspondence and clarifying information is
                                                                                                           WestRock facility and is sufficient for              impact from the facility and is sufficient
                                                  provided in the Docket for this proposed action.         the Nassau Area to attain 2010 SO2                   to attain 2010 SO2 NAAQS in the
                                                     14 The ‘‘0’’ impact from Rayonier indicates that      NAAQS.                                               Nassau Area. The control measures at
                                                  the worst case scenario was at a time when                  EPA has reviewed the modeling that                both sources are summarized later on in
                                                  WestRock was impacting the area of maximum               Florida submitted to support the
                                                  concentration because the wind was coming from                                                                this preamble.
                                                  the direction of WestRock. Rayonier impacts other
                                                                                                           attainment demonstration for the                       On April 12, 2012, FL DEP issued
                                                  receptors in the nonattainment area and may impact       Nassau Area and has preliminarily                    construction Air Permit No. 0890004–
                                                  this same receptor at other times, as can be seen        determined that this modeling is                     036–AC to Rayonier for additional
                                                  with the remainder of the modeling demonstration.        consistent with CAA requirements,
                                                     15 The final stack height for the vent gas scrubber
                                                                                                                                                                proposed control measures to reduce
                                                                                                           Appendix W and EPA’s guidance for                    SO2 emissions. The specified limits and
                                                  system (Rayonier EU 005) is 180 ft. The
                                                  construction permit contained options for the            SO2 attainment demonstration                         conditions from this construction
                                                  power boiler (Rayonier EU 022) to meet a                 modeling.                                            permit, adopted into the title V
                                                  moderately lower emission limit paired with an
                                                  increased stack height, or an even lower emission        D. RACM/RACT                                         operating permit on May 30, 2014,
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                                                  limit on the unit and maintaining the existing stack                                                          reflecting RACT controls, are included
                                                                                                              CAA section 172(c)(1) requires that
                                                  height. The stack height for EU 022 was not
                                                  increased, as Rayonier selected the lower emission       each attainment plan provides for the                  17 Strelow, Roger. ‘‘Guidance for Determining the
                                                  limit option.                                            implementation of all reasonably                     Acceptability of SIP Regulations in Non-Attainment
                                                     16 See EPA’s June 1985 guidance document,             available control measures as                        Areas.’’ Memo to Regional Administrators. Office of
                                                  ‘‘Guideline for Determination of Good Engineering        expeditiously as practicable and                     Air and Waste Management, Environmental
                                                  Practice Stack Height (Technical Support Document                                                             Protection Agency. Washington, DC December 9,
                                                  For the Stack Height Regulations),’’ which can be
                                                                                                           attainment of the NAAQS. EPA                         1976. Located at: http://www.epa.gov/ttn/naaqs/
                                                  found at: http://www3.epa.gov/scram001/guidance/         interprets RACM, including RACT,                     aqmguide/collection/cp2/19761209_strelow_
                                                  guide/gep.pdf.                                           under section 172, as measures that a                ract.pdf.



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                                                  57542                  Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Proposed Rules

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

                                                                                           TABLE 4—SUMMARY OF RACT CONTROLS FOR RAYONIER 18
                                                               Description of measure                                                                     Explanation

                                                  Rayonier EU 005: The vent gas scrubber sys- Rayonier was authorized to construct a new stack for the vent gas scrubber system, increas-
                                                    tem at this unit undergoes construction to in-   ing the stack height from the existing level of 110 ft to at least 165 ft. The as-built stack
                                                    crease the stack height and an operational       height is 180 ft.
                                                    change to meet an enforceable emission limit.
                                                                                                   Rayonier has a new emission limitation, lowering the allowable SO2 from 250 parts per million
                                                                                                    (ppm) to 100 ppm as a 3-hour rolling average.19 This emission limit was incorporated into
                                                                                                     the title V operating permit and is proposed for incorporation into the SIP.
                                                  Rayonier EU 006: The recovery boiler under- Rayonier has a new emission limitation, lowering the allowable SO2 from 300 parts per million
                                                    goes an operational change to meet an en-       by volume, dry basis (ppmvd) to 250 ppmvd as a 3-hour rolling average. This emission limit
                                                    forceable emission limit.                       was incorporated into the title V operating permit and is proposed for incorporation into the
                                                                                                    SIP.
                                                  Rayonier EU 022: The power boiler undergoes Rayonier has a new emission limitation of 180 lb/hour SO2 as a 3-hour rolling average.20 This
                                                    an operational change to meet an enforce-       emission limit was incorporated into the title V operating permit and is proposed for incorpo-
                                                    able emission limit.                            ration into the SIP.



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

                                                                              TABLE 4—SUMMARY OF SUPPLEMENTAL CONTROL MEASURES FOR WESTROCK
                                                               Description of measure                                                                     Explanation

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



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



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                                                                         Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Proposed Rules                                          57543

                                                     EPA is proposing to approve Florida’s                date to ensure attainment of the                      currently the monitored SO2 design
                                                  determination that the proposed                         NAAQS. Furthermore, FL DEP has                        value for the Nassau Area is below the
                                                  controls for SO2 emissions at Rayonier                  already implemented RACT controls for                 NAAQS, and because of the modeled
                                                  constitute RACM/RACT for that source                    sources within the Nassau Area, as the                attainment with the selected control
                                                  in the Nassau Area based on the                         RACT project was completed at                         strategies, EPA does not anticipate
                                                  analysis described previously.                          Rayonier in 2014, long before the                     future nonattainment, or that the Area
                                                  Additionally, EPA proposes to approve                   suggested 2017 date.                                  will not meet the statutory October 4,
                                                  Florida’s determination that the                                                                              2018, attainment date. EPA therefore
                                                                                                          E. RFP Plan
                                                  supplemental control measures initiated                                                                       proposes to approve Florida’s
                                                  at WestRock help to bring the area into                    Section 172(c)(2) of the CAA requires              attainment plan with respect to the RFP
                                                  attainment of the 2010 SO2 NAAQS as                     that an attainment plan includes a                    requirements.
                                                  expeditiously as practicable. Further,                  demonstration that shows reasonable
                                                                                                          further progress for meeting air quality              F. Contingency Measures
                                                  EPA determines that no further controls
                                                  would be required at Rayonier, and that                 standards will be achieved through                       In accordance with section 172(c)(9)
                                                  the proposed controls are sufficient for                generally linear incremental                          of the CAA, contingency measures are
                                                  RACM/RACT purposes for the Nassau                       improvement in air quality. Section                   required as additional measures to be
                                                  Area at this time. EPA, therefore,                      171(1) of the Act defines RFP as ‘‘such               implemented in the event that an area
                                                  proposes to approve Florida’s April 3,                  annual incremental reductions in                      fails to meet the RFP requirements or
                                                  2015, SIP submission as meeting the                     emissions of the relevant air pollutant as            fails to attain a standard by its
                                                  RACM/RACT requirements of the CAA.                      are required by this part (part D) or may             attainment date. These measures must
                                                  In addition, by approving the RACM/                     reasonably be required by EPA for the                 be fully adopted rules or control
                                                  RACT for Rayonier, and the                              purpose of ensuring attainment of the                 measures that can be implemented
                                                  supplemental control measures for                       applicable NAAQS by the applicable                    quickly and without additional EPA or
                                                  WestRock, for the purposes of Florida’s                 attainment date.’’ As stated originally in            state action if the area fails to meet RFP
                                                  attainment planning, the control                        the 1994 SO2 Guideline Document 24                    requirements or fails to meet its
                                                  measures outlined in Tables 3 and 4                     and repeated in the 2014 SO2                          attainment date and should contain
                                                  will become permanent and enforceable                   Nonattainment Guidance, EPA                           trigger mechanisms and an
                                                  SIP measures to meet the requirements                   continues to believe that this definition             implementation schedule. However,
                                                  of the CAA.                                             is most appropriate for pollutants that               SO2 presents special considerations. As
                                                     Based on FL DEP’s modeling                           are emitted from numerous and diverse                 stated in the final 2010 SO2 NAAQS
                                                  demonstration, the Nassau Area is                       sources, where the relationship between               promulgation on June 22, 2010 (75 FR
                                                  projected to begin showing attaining                    particular sources and ambient air                    35520) and in the 2014 SO2
                                                  monitoring values for the 2010 SO2                      quality are not directly quantified. In               Nonattainment Guidance, EPA
                                                  NAAQS by the 2018 attainment date.                      such cases, emissions reductions may be               concluded that because of the
                                                  Currently, monitored design values are                  required from various types and                       quantifiable relationship between SO2
                                                  complying with the 2010 SO2 NAAQS.                      locations of sources. The relationship                sources and control measures, it is
                                                  As noted previously, some of the control                between SO2 and sources is much more                  appropriate that state agencies develop
                                                  measures at WestRock will not be in                     defined, and usually there is a single                a ‘‘comprehensive program to identify
                                                  place for a full year prior to the                      step between pre-control nonattainment                sources of violations of the SO2 NAAQS
                                                  attainment date as recommended in the                   and post-control attainment. Therefore,               and undertake an aggressive follow-up
                                                  2014 SO2 Nonattainment Guidance; a                      EPA interpreted RFP for SO2 as                        for compliance and enforcement.’’
                                                  recommendation intended to provide                      adherence to an ambitious compliance                     Based on all the control measures that
                                                  data to evaluate the effect of the control              schedule in both the 1994 SO2                         are completed for Rayonier and planned
                                                  strategy on air quality. Because the Area               Guideline Document and the 2014 SO2                   for WestRock, FL DEP believes that the
                                                  is currently attaining the 2010 SO2                     Nonattainment Guidance. The control                   2010 SO2 NAAQS can be achieved on a
                                                  NAAQS, EPA proposes to find that the                    measures for attainment of the 2010 SO2               consistent basis. However, if a fourth
                                                  full control strategy will be in place for              NAAQS included in the State’s                         exceedance of the SO2 NAAQS occurs
                                                  an adequate time prior to the attainment                submittal have been modeled to achieve                during any calendar year, or upon a
                                                                                                          attainment of the NAAQS. The permits                  determination that the Nassau Area has
                                                    21 Additional controls not requested for              and the adoption of specific emissions                failed to attain the NAAQS by the
                                                  incorporation into the SIP for WestRock EU 006          limits and compliance parameters                      attainment date, Rayonier and WestRock
                                                  include the elimination of fuel oil usage as of         require these control measures and                    will immediately undertake full system
                                                  January 31, 2016, and the elimination of operation      resulting emissions reductions to be                  audits of controlled SO2 emissions.
                                                  as a back-up control for NCGs. The latter is not a
                                                  direct control measure for SO2, but means that the      achieved as expeditiously as                          Within 10 days, each source will
                                                  power boiler will not fire recovered process vapors.    practicable. As a result of an ambitious              independently submit a report to FL
                                                    22 An additional control not requested for            compliance schedule, projected to yield               DEP summarizing all operating
                                                  incorporation into the SIP for WestRock EU 015 is       a sufficient reduction in SO2 emissions               parameters for four 10-day periods up to
                                                  the installation of a white liquor scrubber system                                                            and including the dates of the
                                                  upstream to remove total reduced sulfur from the
                                                                                                          from the Rayonier and WestRock
                                                  incoming NCG stream. WestRock EU 015 operates           facilities, and resulting in modeled                  exceedances. These sources are required
                                                  as a back-up control device for NCGs is not part of     attainment of the SO2 NAAQS, EPA has                  to deploy provisional SO2 emission
                                                  the SO2 attainment strategy, but compliance with 40     preliminarily determined that FL DEP’s                control strategies within this 10-day
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                                                  CFR 63, Subpart S. The addition of the scrubber         SO2 attainment plan for the 2010 SO2                  period and include ‘‘evidence that these
                                                  system is to prevent any additional sulfur load to
                                                  the power boiler. WestRock EU 015 will be required      NAAQS fulfills the RFP requirements                   control strategies have been deployed,
                                                  to comply with the SIP emission limit regardless of     for the Nassau Area. Furthermore,                     as appropriate’’ in the report to FL DEP.
                                                  how it is used with respect to the control of NCGs.                                                           FL DEP will then begin a 30-day
                                                    23 FL DEP also acknowledges that parametric             24 SO Guideline Document, U.S. Environmental
                                                                                                                  2                                             evaluation of these reports to determine
                                                  methods other than CEMS may be considered,              Protection Agency, Office of Air Quality Planning
                                                  subject to approval, to demonstrate compliance          and Standards, Research Triangle Park, N.C. 27711,
                                                                                                                                                                the cause of the exceedances, followed
                                                  with the individual boiler emission limit of 150 lb/    EPA–452/R–94–008, February 1994. Located at:          by a 30-day consultation period with the
                                                  hr SO2 limit.                                           http://www.epa.gov/ttn/oarpg/t1pgm.html.              sources to develop and implement


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                                                  57544                  Federal Register / Vol. 81, No. 163 / Tuesday, August 23, 2016 / Proposed Rules

                                                  appropriate operational changes needed                  with actual emissions from the                        under the Regulatory Flexibility Act (5
                                                  to expeditiously to prevent any future                  WestRock source, has already provided                 U.S.C. 601 et seq.);
                                                  violation of the NAAQS. Explicit                        for an attaining design value of 58 ppb                  • does not contain any unfunded
                                                  measures addressed in Florida’s April 3,                considering 2013–2015 data, and in fact               mandate or significantly or uniquely
                                                  2015, SIP submittal are:                                exhibited attaining data since 2011–                  affect small governments, as described
                                                     • Fuel switching to reduce or                        2013 with a design value of 70 ppb.25                 in the Unfunded Mandates Reform Act
                                                  eliminate the use of sulfur-containing                  The recent design value is well under                 of 1995 (Pub. L. 104–4);
                                                  fuels;                                                  the NAAQS, and the ongoing                               • does not have Federalism
                                                     • combustion air system                              compliance schedule for WestRock                      implications as specified in Executive
                                                  enhancement;                                            control measures will help to assure that             Order 13132 (64 FR 43255, August 10,
                                                     • vent gas scrubber enhancement;                     the area maintains the NAAQS in the                   1999);
                                                     • white liquor scrubber enhancement;                 future. Therefore, the area is expected to               • is not an economically significant
                                                  and/or                                                  attain the NAAQS by the attainment                    regulatory action based on health or
                                                     • physical or operational reduction of               date.                                                 safety risks subject to Executive Order
                                                  production capacity.                                                                                          13045 (62 FR 19885, April 23, 1997);
                                                     Florida may consider other options                   V. Proposed Action                                       • is not a significant regulatory action
                                                  for additional controls if these measures                                                                     subject to Executive Order 13211 (66 FR
                                                                                                            EPA is proposing to approve Florida’s
                                                  are not deemed to be the most                                                                                 28355, May 22, 2001);
                                                                                                          SO2 attainment plan for the Nassau                       • is not subject to requirements of
                                                  appropriate to address air quality issues
                                                                                                          Area. EPA has preliminarily determined                Section 12(d) of the National
                                                  in the Area.
                                                     Florida would implement the most                     that the SIP meets the applicable                     Technology Transfer and Advancement
                                                  appropriate control strategy to address                 requirements of the CAA. Specifically,                Act of 1995 (15 U.S.C. 272 note) because
                                                  the exceedances. If a permit                            EPA is proposing to approve Florida’s                 application of those requirements would
                                                  modification might be required to                       April 3, 2015, SIP submission, which                  be inconsistent with the CAA; and
                                                  conform to applicable air quality                       includes the base year emissions                         • does not provide EPA with the
                                                  standards, Florida will make use of the                 inventory, a modeling demonstration of                discretionary authority to address, as
                                                  State’s authority in Rule 62–4.080,                     SO2 attainment, an analysis of RACM/                  appropriate, disproportionate human
                                                  F.A.C. to require permittees to comply                  RACT, a RFP plan, and contingency                     health or environmental effects, using
                                                  with new or additional conditions. This                 measures for the Nassau Area.                         practicable and legally permissible
                                                  authority would allow Florida to work                   Additionally, EPA is proposing to                     methods, under Executive Order 12898
                                                  directly with the source(s) expeditiously               approve into the Florida SIP specific                 (59 FR 7629, February 16, 1994).
                                                  to make changes to permits.                             SO2 emission limits and compliance                       The SIP is not approved to apply on
                                                  Subsequently, Florida would submit                      parameters established for the two SO2                any Indian reservation land or in any
                                                  any relevant permit change to EPA as a                  point sources impacting the Nassau                    other area where EPA or an Indian tribe
                                                  source-specific SIP revision to make the                Area.                                                 has demonstrated that a tribe has
                                                  change permanent and enforceable. EPA                   VI. Statutory and Executive Order                     jurisdiction. In those areas of Indian
                                                  recognizes this strategy as an acceptable               Reviews                                               country, the rule does not have tribal
                                                  additional step, but according to CAA                                                                         implications as specified by Executive
                                                  section 172(c)(9), a measure requiring                    Under the CAA, the Administrator is                 Order 13175 (65 FR 67249, November 9,
                                                  further action by FL DEP or EPA (e.g.,                  required to approve a SIP submission                  2000), nor will it impose substantial
                                                  necessitating a revised permit and SIP                  that complies with the provisions of the              direct costs on tribal governments or
                                                  revision) could not serve as the primary                Act and applicable federal regulations.               preempt tribal law.
                                                  contingency measure.                                    See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                                                                          Thus, in reviewing SIP submissions,                   List of Subjects in 40 CFR Part 52
                                                     EPA is proposing to find that Florida’s
                                                  April 3, 2015, SIP submittal includes a                 EPA’s role is to approve state choices,                 Environmental protection, Air
                                                  comprehensive program to                                provided that they meet the criteria of               pollution control, Incorporation by
                                                  expeditiously identify the source of any                the CAA. Accordingly, this proposed                   reference, Reporting and recordkeeping
                                                  violation of the SO2 NAAQS and for                      action merely approves state law as                   requirements, Sulfur oxides.
                                                  aggressive follow-up. Therefore, EPA                    meeting federal requirements and does                   Authority: 42 U.S.C. 7401 et seq.
                                                  proposes that the contingency measures                  not impose additional requirements
                                                                                                                                                                  Dated: August 15, 2016.
                                                  submitted by Florida follow the 2014                    beyond those imposed by state law. For
                                                                                                          that reason, this proposed action:                    Heather McTeer Toney,
                                                  SO2 Nonattainment Guidance and meet                                                                           Regional Administrator, Region 4.
                                                  the section 172(c)(9) . EPA notes that                    • Is not a significant regulatory action
                                                                                                          subject to review by the Office of                    [FR Doc. 2016–20119 Filed 8–22–16; 8:45 am]
                                                  Florida has further committed to pursue
                                                  additional actions that may require a                   Management and Budget under                           BILLING CODE 6560–50–P

                                                  SIP revision if needed to address the                   Executive Orders 12866 (58 FR 51735,
                                                  exceedances.                                            October 4, 1993) and 13563 (76 FR 3821,
                                                                                                          January 21, 2011);                                    ENVIRONMENTAL PROTECTION
                                                  G. Attainment Date                                                                                            AGENCY
                                                                                                            • does not impose an information
                                                    Florida’s modeling indicates that the                 collection burden under the provisions                40 CFR Part 52
                                                  Nassau Area will begin attaining the                    of the Paperwork Reduction Act (44
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                                                  2010 SO2 NAAQS by January 1, 2018,                      U.S.C. 3501 et seq.);                                 [EPA–R04–OAR–2014–0425; FRL–9951–15–
                                                  once the control strategy is completely                                                                       Region 4]
                                                                                                            • is certified as not having a
                                                  implemented. This modeling does not                     significant economic impact on a                      Air Plan Approval; GA; Infrastructure
                                                  provide for an attaining three-year                     substantial number of small entities                  Requirements for the 2012 PM2.5
                                                  design value by the proposed attainment
                                                                                                                                                                National Ambient Air Quality Standard
                                                  date of October 4, 2018. However,                         25 The most recent quality-assured design values
                                                  expeditious implementation of RACM/                     for each NAAQS are publicly available at https://     AGENCY:    Environmental Protection
                                                  RACT for the Rayonier source, coupled                   www.epa.gov/air-trends/air-quality-design-values.     Agency.


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Document Created: 2018-02-09 11:40:00
Document Modified: 2018-02-09 11:40:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before September 22, 2016.
ContactD. Brad Akers, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Akers can be reached via electronic mail at [email protected] or via telephone at (404)562-9089.
FR Citation81 FR 57535 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Reporting and Recordkeeping Requirements and Sulfur Oxides

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