Proposed Rule2025-22533
Air Plan Approval; Virginia; Amendment to the State Operating Permit for GP Big Island, LLC
Primary source
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Published
December 11, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the Commonwealth of Virginia's (Commonwealth or Virginia) Department of Environmental Quality (VADEQ). This revision pertains to an amendment to an operating permit limiting visibility-impairing air emissions from the GP Big Island, LLC pulp and paper mill facility in Bedford County, Virginia. The EPA is proposing to include this amended operating permit in Virginia's SIP. This proposed action is being taken under the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 90 Issue 236 (Thursday, December 11, 2025)</title>
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[Federal Register Volume 90, Number 236 (Thursday, December 11, 2025)]
[Proposed Rules]
[Pages 57409-57411]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-22533]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2024-0385; FRL-10808-01-R3]
Air Plan Approval; Virginia; Amendment to the State Operating
Permit for GP Big Island, LLC
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
Commonwealth of Virginia's (Commonwealth or Virginia) Department of
Environmental Quality (VADEQ). This revision pertains to an amendment
to an operating permit limiting visibility-impairing air emissions from
the GP Big Island, LLC pulp and paper mill facility in Bedford County,
Virginia. The EPA is proposing to include this amended operating permit
in Virginia's SIP. This proposed action is being taken under the Clean
Air Act (CAA).
DATES: Written comments must be received on or before January 12, 2026.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2024-0385 at <a href="http://www.regulations.gov">www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#3a5d55485e5554145753515f7a5f4a5b145d554c"><span class="__cf_email__" data-cfemail="f4939b86909b9ada999d9f91b4918495da939b82">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. For either
manner of submission, the 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. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit <a href="http://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Philip McGuire, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F Kennedy
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is
(215) 814-2251. Mr. McGuire can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#0a67696d7f63786f247a626366637a4a6f7a6b246d657c"><span class="__cf_email__" data-cfemail="15787672607c67703b657d7c797c65557065743b727a63">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On December 14, 2022, VADEQ submitted to the EPA a revision to the
Commonwealth's SIP to align the SIP with the state operating permit for
Best Available Retrofit Technology (BART permit) and the Title V permit
for GP Big Island pulp and paper mill (GP Big Island Mill), located in
Bedford County, Virginia.\1\ Currently, the Virginia SIP contains an
October 5, 2012 amendment to the BART permit.\2\ The Commonwealth
further amended the BART permit on December 12, 2022 and submitted that
newly amended BART permit in its December 14, 2022 SIP revision to the
EPA for inclusion in the SIP. Specifically, the December 14, 2022 SIP
revision, as reflected in the BART permit amended on December 12, 2022,
lowers the permitted emission limits for particulate matter
(PM<INF>10</INF>), sulfur dioxide (SO<INF>2</INF>), and nitrogen oxides
(NO<INF>X</INF>) at the Number 5 Power Boiler and removes conditions
related to the use of coal. The amendments to the BART permit are a
result of the fuel conversion of the facility's Number 5 Power Boiler
from coal to natural gas, wood, wood residuals, and old corrugated
container reject.\3\
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\1\ GP Big Island, LLC was formerly named Georgia-Pacific Big
Island and supplemental docket documents may use the names
interchangeably.
\2\ On June 12, 2008, VADEQ issued a state operating permit for
GP Big Island, LLC for the purpose of complying with the Best
Available Retrofit Technology (BART) requirements for control of
visibility-impairing pollutants under 40 CFR 51.308(e) of the EPA's
Regional Haze Program. The state subsequently amended the BART
permit on October 5, 2012 which the EPA approved into the SIP
effective June 17, 2014. 79 FR 21855 (April 18, 2014). The current
BART permit, which includes the December 12, 2022 amendment
submitted for inclusion in Virginia's SIP, is available in the
docket for this action as VADEQ_State_Operating_Permit_2022_12_12.
\3\ This condition specifying natural gas, wood, wood residuals,
and old corrugated container reject as the allowable fuels for the
Number 5 Power Boiler is only included in the April 13, 2021 Title V
permit, which VADEQ did not propose to be included in the SIP. The
Title V permit is included in the docket as
Big_Island_TV_Permit_2021_04_13 and is for informational purposes
only.
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II. Summary of SIP Revision and EPA Analysis
The December 14, 2022 proposed SIP revision changes two main
aspects of the SIP as reflected in the December 12, 2022 amended BART
permit.\4\ The first aspect of the proposed SIP revision submitted to
the EPA on December 14, 2022 requests the removal of conditions
pertaining to controlling sulfur dioxide emissions when coal is used in
the Number 5 Power Boiler. Specifically, the December 12, 2022 amended
BART permit no longer contains requirements that were in the October 5,
2012 amended BART permit related to limiting sulfur-content and
limiting the firing of coal to a maximum percentage of the annual
capacity factor when firing coal at the Number 5 Power Boiler.
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\4\ The proposed inclusion of the BART permit amended December
12, 2022 in the SIP also adds some general conditions related to
permit suspension/revocation, recording of and notification for
malfunctions, and a condition allowing VADEQ to require the
permittee to act to prevent a violation of the ambient air quality
standard.
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Currently, the Number 5 Power Boiler no longer fires coal and the
coal feed system for this source has been permanently removed. This
shutdown was included in a mutual shutdown agreement between GP Big
Island Mill and VADEQ, which was finalized on April 24, 2017.\5\ VADEQ
incorporated the removal of the source in the Title V permit for GP Big
Island Mill through an April 13, 2021 permit revision. The Number 5
Power Boiler is now permitted to fire natural gas, wood, wood
residuals, and old corrugated container reject. GP Big Island Mill
requested an amendment to the coal-burning provision of its BART permit
through a revision application received by VADEQ on July 26, 2021.
VADEQ approved this amendment to the BART permit on December 12, 2022.
Now that coal no longer serves as the fuel source
[[Page 57410]]
for the Number 5 Power Boiler, this action proposes to align the SIP
with the December 12, 2022 amended BART permit's removal of conditions
regarding SO<INF>2</INF> control during coal use.
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\5\ The GP Big Island Mill-VADEQ mutual shutdown agreement for
the GP Big Island Mill coal handling system is available in the
docket for this action as
VADEQ_Mutual_Shutdown_Agreement_for_Coal_Handling_PWR09.pdf.
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The second aspect of the proposed SIP revision requests approval
for the lowering of the permitted emissions limits currently in the SIP
for PM<INF>10</INF>, SO<INF>2</INF>, and NO<INF>X</INF>. The proposed
reduced annual limits include lowering PM<INF>10</INF> emissions limits
from 103.9 tons per year (TPY) to 88.9 TPY, lowering SO<INF>2</INF>
emissions limits from 374 TPY to 104.7 TPY, and lowering NO<INF>X</INF>
emissions limits from 610.1 TPY to 529.9 TPY. The proposed reduced
hourly limits include lowering PM<INF>10</INF> emissions limits from
23.7 pounds per hour (lbs/hr) to 20.3 lbs/hr, lowering SO<INF>2</INF>
emissions limits from 485.1 lbs/hr to 23.9 lbs/hr, and lowering
NO<INF>X</INF> emissions limits from 139.3 lbs/hr to 121.0 lbs/hr. The
current, SIP-approved emission limits for the Number 5 Power Boiler
were first established by the BART permit issued by VADEQ on June 12,
2008, for the purpose of complying with the BART requirements for
control of visibility-impairing pollutants under 40 CFR 51.308(e) of
the EPA's Regional Haze Program. The October 5, 2012 BART permit
maintained these limits in the SIP. A Title V permit issued on April
13, 2021, lowered these original emission limits to the limits proposed
in this SIP revision, and on July 26, 2021 GP Big Island Mill requested
VADEQ amend the BART permit to include these new, lower emission limits
to align with the April 13, 2021 Title V permit. VADEQ approved these
lower emission limits and issued a new BART permit on December 12, 2022
to replace the pre-existing October 5, 2012 BART permit. This action
proposes to align the SIP emission limits with the limits identified in
the VADEQ-issued December 12, 2022 amended BART permit by incorporating
that BART permit into the SIP. No emissions increases are anticipated
as a result of this revision. In fact, this proposed revision to the
SIP, if finalized, will lower annual and hourly emissions limits for
the GP Big Island Mill compared to what is currently in the SIP.
III. Proposed Action
The EPA is proposing to approve the Virginia SIP revision for GP
Big Island Mill, which was submitted on December 14, 2022 by including
the December 12, 2022 amended BART permit in the Virginia SIP.
Simultaneously--at the request of VADEQ--the EPA is proposing to remove
the October 5, 2012 amended BART permit from the Virginia SIP. This
previous SIP revision was approved into the Virginia SIP effective June
17, 2014, and the December 14, 2022 proposed SIP revision updates this
prior SIP revision. The EPA is soliciting public comments on the issues
discussed in this document. These comments will be considered before
taking final action.
IV. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information that: (1) are generated or developed
before the commencement of a voluntary environmental assessment; (2)
are prepared independently of the assessment process; (3) demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) are required by law.
On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts. . . .'' The opinion
concludes that ``[r]egarding Sec. 10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
Therefore, the EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
the EPA has also determined that a state audit privilege and immunity
law can affect only state enforcement and cannot have any impact on
Federal enforcement authorities, the EPA may at any time invoke its
authority under the CAA, including, for example, sections 113, 167,
205, 211 or 213, to enforce the requirements or prohibitions of the
state plan, independently of any state enforcement effort. In addition,
citizen enforcement under section 304 of the CAA is likewise unaffected
by this, or any, state audit privilege or immunity law.
IV. Incorporation by Reference
In this document, the EPA is proposing to include in an EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the state operating permit, i.e., the BART permit, that VADEQ
amended December 12, 2022, as described in section II of this document.
The EPA has made, and will continue to make, these materials generally
available through <a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region III Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).
[[Page 57411]]
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this 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 action:
<bullet> 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);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866:
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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 Clean Air Act.
In addition, the SIP revision proposed to be approved will not
apply on any Indian reservation land or in any other area where the 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 and will not impose substantial direct costs on Tribal
governments or preempt Tribal law as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Nitrogen dioxide, Particulate matter, Sulfur oxides.
Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
[FR Doc. 2025-22533 Filed 12-10-25; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.