Rule2026-07527
Air Plan Approval; Virginia; Amendment to the State Operating Permit for GP Big Island, LLC
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 17, 2026
Effective
May 18, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted on December 14, 2022, by the Commonwealth of Virginia's (Commonwealth or Virginia) Department of Environmental Quality (VADEQ). The 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 located in Bedford County, Virginia. The EPA is approving the inclusion of the revised state operating permit to the Virginia SIP. This action is being taken under the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 91 Issue 74 (Friday, April 17, 2026)</title>
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[Federal Register Volume 91, Number 74 (Friday, April 17, 2026)]
[Rules and Regulations]
[Pages 20587-20589]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07527]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2024-0385; FRL-10808-02-R3]
Air Plan Approval; Virginia; Amendment to the State Operating
Permit for GP Big Island, LLC
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted on December 14, 2022, by
the Commonwealth of Virginia's (Commonwealth or Virginia) Department of
Environmental Quality (VADEQ). The 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 located in Bedford
County, Virginia. The EPA is approving the inclusion of the revised
state operating permit to the Virginia SIP. This action is being taken
under the Clean Air Act (CAA).
DATES: This final rule is effective on May 18, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R03-OAR-2024-0385. All documents in the docket are
listed on the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the
index, some information is not publicly available, e.g., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available through <a href="http://www.regulations.gov">www.regulations.gov</a>,or please contact the person
identified in the For Further Information Contact section for
additional availability information.
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#f4999793819d8691da849c9d989d84b4918495da939b82"><span class="__cf_email__" data-cfemail="462b2521332f342368362e2f2a2f360623362768212930">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On December 11, 2025 (90 FR 57409), the EPA published a notice of
proposed rulemaking (NPRM) for the Commonwealth of Virginia. In the
NPRM, the EPA proposed approval of a revision to the Virginia SIP which
aligns the SIP with the December 12, 2022, state operating permit for
Best Available Retrofit Technology (BART permit) and the Title V permit
for the GP Big Island pulp and paper mill (GP Big Island) located in
Bedford County, Virginia. The revision 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
formal SIP revision was submitted by Virginia on December 14, 2022. The
public comment period for the proposed rulemaking ended on January 12,
2026, and the EPA received no comments during the public comment
period.
II. Summary of SIP Revision and EPA Analysis
The December 11, 2025, NPRM proposed changing two main aspects of
the Virginia SIP, and this final action approves those proposed
changes. The first aspect of the proposed SIP revision submitted to the
EPA on December 14, 2022, requested 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 coal 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. The
second aspect of the proposed SIP revision lowered the permitted
emission limits for the Number 5 Power Boiler for PM<INF>10</INF>,
SO<INF>2</INF>, and NO<INF>X</INF>. The proposed reduced annual limits
included 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 included
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
[[Page 20588]]
23.9 lbs/hr, and lowering NO<INF>X</INF> emissions limits from 139.3
lbs/hr to 121.0 lbs/hr. Additional rationale for the EPA's proposed
action are explained in the NPRM, and will not be restated here. No
public comments were received on the NPRM.
III. Final Action
The EPA is approving Virginia's December 12, 2022, amended BART
permit for the GP Big Island, LLC pulp and paper mill facility located
in Bedford County as a revision to the Virginia SIP. The SIP revision
lowers the permitted emission limits for PM<INF>10</INF>,
SO<INF>2</INF>, and NO<INF>X</INF> at the Number 5 Power Boiler and
removes conditions related to the use of coal. Simultaneously--at the
request of VADEQ--the EPA is removing the October 5, 2012, amended BART
permit from the Virginia SIP.\1\ The previous SIP revision was approved
into the Virginia SIP effective June 17, 2014, and this final action
updates the June 17, 2014, SIP revision.
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\1\ The October 5, 2012, amended BART permit and the original
June 12, 2008, BART permit are available in the docket for this
action as VADEQ_State_Operating_Permit_2008_and_2012_revision.
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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 counter- parts. . . .'' 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.
V. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the
December 12, 2022, amended Virginia state operating permit for GP Big
Island, LLC described in section I ``Background'' and in section II
``Summary of SIP Revision and EPA Analysis,'' in this preamble. 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). Therefore,
these materials have been approved by the EPA for inclusion in the SIP,
have been incorporated by reference by the EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rule of the EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\2\
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\2\ 62 FR 27968 (May 22, 1997).
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VI. 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, 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 Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not an Executive Order 14192 (90 FR 9065, February 6,
2025) regulatory action because this action is not significant 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.);
[[Page 20589]]
<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);
<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; and
In addition, 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 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).
This rule is exempt from the Congressional Review Act because it is
a rule of particular applicability.
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 16, 2026. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference,Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting andrecordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Amy Van Blarcom Lackey,
Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart VV--Virginia
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2. In Sec. 52.2420, the table in paragraph (d) is amended by removing
the entry ``GP Big Island, LLC'' and adding the entry ``GP Big Island,
LLC'' at the end of the table to read as follows:
Sec. 52.2420 Identification of plan.
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(d) * * *
EPA--Approved Source Specific Requirements
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Permit/order or State 40 CFR part 52
Source name registration No. effective date EPA approval date citation
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GP Big Island, LLC............... Registration No. 12/12/22 4/17/26, 91 FR 52.2420(d); Revised
30389. [INSERT FEDERAL BART permit
REGISTER PAGE replacing permit
WHERE THE DOCUMENT dated 6/12/08 and
BEGINS]. permit revision
dated 10/5/12.
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[FR Doc. 2026-07527 Filed 4-16-26; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on April 17, 2026.
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