August 30, 2023
Erin Rau
Air Permit Writer
DEQ Blue Ridge Regional Office
901 Russell Drive
Salem, VA 24153
Re: Conservation Organizations Comments on the Proposed Stationary Source Permit to Operate for WestRock Virginia, LLC – Covington
Dear Ms. Rau:
National Parks Conservation Association, Coalition to Protect America’s National Parks, and Virginia Conservation Network (“Conservation Organizations”) submit the following comments on the Virginia Department of Environmental Quality (“DEQ”) proposed Stationary Source Permit to Operate for WestRock Virginia, LLC – Covington (“Proposed Permit” and “WestRock”).1Virginia Department of Environmental Quality, Blue Ridge Regional Office, Intra-Agency Memorandum, Engineering Analysis, WestRock Virginia, LLC – Covington (Undated Draft), available at: https://drive.google.com/file/d/1LFcFIUXIBW8_XWyFyGLSYMUqBwltYyrj/view?usp=drive_link, (Ex. 1) [hereinafter, “Draft Engineering Analysis”]; Virginia Department of Environmental Quality, Blue Ridge Regional Office, Stationary Source Permit to Operate for WestRock Virginia, LLC – Covington, Registration Number: 20328 (Undated Draft), available at: https://drive.google.com/file/d/1dTuXTTpEUfJOVbzsqX2eVOQ1uygSwZOC/view?usp=drive_link, (Ex. 2), [hereinafter, “Proposed Permit”]. The Commonwealth explains the purpose of the Proposed Permit is to implement the reasonable progress requirements of 40 C.F.R. §§ 51.308(d), (f) and (ii), establish control technology and other requirements for the control of visibility-impairing pollutants2Proposed Permit at 1. and that “[t]hese requirements shall be the legal and regulatory basis for control of visibility-impairing pollutants from this facility that are needed inorder for the Commonwealth to demonstrate reasonable further progress.”3Id. DEQ’s Public Notice explains that the “Commonwealth intends to submit the permit as a revision to its State Implementation Plan (SIP) in accordance with the requirements of §110(a) of the federal Clean Air Act.”4Virginia Department of Environmental Quality, Blue Ridge Regional Office, WestRock Public Notice, at 1. West Rock is a large integrated kraft pulp and paperboard mill located at 104 East Riverside Drive in Covington, Virginia.5Draft Engineering Analysis at 4. This is the first proposed regional haze SIP revision for the second planning period by the Commonwealth. Thus, the public has not yet seen and been provided with an opportunity to comment on the other elements of the Commonwealth’s SIPs.
National Parks Conservation Association (“NPCA”) is a national organization whose mission is to protect and enhance America’s National Parks for present and future generations. NPCA performs its work through advocacy and education. NPCA has over 1.64 million members and supporters nationwide, including 12,224 in Virginia, with its main office in Washington, D.C. and 24 regional and field offices. NPCA is active nationwide in advocating for strong air quality requirements to protect our parks, including submission of petitions and comments relating to visibility issues, regional haze State Implementation Plans, climate change and mercury impacts on parks, and emissions from individual power plants and other sources of pollution affecting National Parks and communities. NPCA’s members live near, work at, and recreate in all the national parks and surrounding public lands, many of which are Class I areas (including James River Face Wilderness Area and Shenandoah National Park in Virginia), including those directly affected by emissions from WestRock.
The Coalition to Protect America’s National Parks (“Coalition”) is a non-profit organization composed of over 2,000 retired, former and current employees of the National Park Service (“NPS”). The Coalition studies, speaks, and acts for the preservation of America’s National Park System. As a group, we collectively represent over 40,000 years of experience managing and protecting America’s most precious and important natural, cultural, and historic resources.
DEQ’s Proposed WestRock Permit merely includes a reduction in SO2 emissions based on assumptions in the VISTAS analysis. As detailed in these comments, while we have concerns about DEQ’s efforts thus far, DEQ has only done part of its job.
Thus far, DEQ:
- Selected WestRock as one of the sources needing controls during this planning period to demonstrate reasonable further progress, and
- Proposed a facility-wide cap on SO2 emissions based on the VISTAS source- selection methodology.
As discussed in these comments, DEQ’s methods are fraught with errors. Moreover, its efforts are incomplete. As clearly laid out in EPA’s regulations, the duty to ensure the reasonable progress requirements are met for purposes of the SIP rests with the Commonwealth and the DEQ’s Proposed WestRock Permit fails to include the required reasonable progress Four-Factor Analysis for SO2 and entirely ignores NOx emissions. Finally, of particular concern is DEQ’s novel and illegal approach, which when considering the Federal Land Managers Consultation Comments, conducts its own version of a Four-Factor Analysis and instead of applying the reasonable progress requirements one time, decides to apply them twice. As discussed in these comments, DEQ’s method erroneously elevates the cost of controls. Neither the Clean Air Act (“Act”) nor the Regional Haze Regulations include provisions to allow the Commonwealth to apply the reasonable progress requirements in this manner. DEQ must correct its fatal errors and conduct complete and accurate Four-Factor Analyses for SO2 and NOx for the WestRock facility.
Conservation Organizations Request a Public Hearing on the Proposed Permit
Members of NPCA’s Mid-Atlantic Regional Staff wish to speak at a public hearing as well as representatives from the undersigned groups on this letter.642 U.S.C. § 7410(a)(2) (“Each implementation plan submitted by a State under this chapter shall be adopted by the State after reasonable notice and public hearing.”); 40 C.F.R. § 51.102(a) (“…The State must hold a public hearing or provide the public the opportunity to request a public hearing….”). Therefore a Public Hearing is requested on this Proposed Permit.7DEQ’s Public Notice explains that a public hearing will be conducted if a request is made in writing to the contact listed in the notice. As discussed in these comments there are numerous technical and legal issues regarding DEQ’s Proposed Permit. DEQ intends to submit the Proposed Permit to EPA as a source-specific SIP revision to its Regional Haze SIP. The Proposed Permit and the supporting analyses are inconsistent with the Clean Air Act and Regional Haze Regulations because they fail to contain the required Four-Factor Analyses for SO2 and NOx, visibility impairing pollutants. Moreover, DEQ’s analyses relies on many erroneous assumptions. Members of the Conservation Organizations and general visitors of the James River Face Wilderness Area and Shenandoah National Park will be adversely affected by DEQ’s decision because the decision fails control NOx emissions and lacks Four-Factor Analyses and adequate controls on SO2. Finally, the Proposed Permit terms and conditions are inconsistent with the Clean Air Act’s requirements. The Clean Air Act’s requirements for this portion of Virginia’s Regional Haze Plan present a significant opportunity not only to improve visibility at James River Face Wilderness Area and Shenandoah National Park, but to improve air quality in communities across the Commonwealth and other Class I areas in surrounding states. DEQ’s Proposed Permit contains fundamental flaws and arbitrarily fails to meaningfully evaluate or require cost-effective emission reductions for the WestRock facility that indisputably contribute to visibility impairment in the Class I areas. As such, Virginia’s Proposed Permit is unlawful and cannot be approved. Finally, DEQ must revise its Proposed Permit to address the legal requirements of the Act and federal regulations, as discussed below and in our forthcoming comments at the Public Hearing.
Click here to read the complete letter.
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