[Federal Register Volume 70, Number 75 (Wednesday, April 20, 2005)]
[Proposed Rules]
[Pages 20495-20508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7936]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[RO4-OAR-2005-GA-0002; RO4-OAR-2005-GA-0003; FRL-7901-4]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Georgia, Redesignation of
Atlanta 1-Hour Severe Ozone Nonattainment Area to Attainment for Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: On February 1, 2005, the State of Georgia, through the Georgia
Environmental Protection Division (EPD), submitted; a request to
redesignate the 1-hour ozone National Ambient Air Quality Standard
(NAAQS) nonattainment area of Atlanta, Georgia, to attainment; and a
request for EPA approval of a Georgia State Implementation Plan (SIP)
revision containing a 10-year maintenance plan for the 13-county
Atlanta area, including new motor vehicle emission budgets (MVEBs) for
the year 2015. In addition, Georgia has requested that EPA make a
determination that certain Clean Air Act (CAA or Act) SIP submittal
requirements related to attainment demonstrations and reasonable
further progress are not applicable requirements for the purposes of
this redesignation request because the Atlanta area has attained the 1-
hour ozone NAAQS based on ambient air monitoring data for the 3-
[[Page 20496]]
year period including the years 2002, 2003, and 2004.
EPA is proposing to determine that the Atlanta area has attained
the 1-hour ozone NAAQS. This proposal is based on three years of
complete, quality-assured ambient air quality monitoring data for 2002
through 2004 ozone seasons. On the basis of this proposal, EPA is also
proposing to determine that certain attainment demonstration and
reasonable further progress requirements along with other related
requirements of part D of Title I of the CAA are not applicable to the
Atlanta area.
EPA is also proposing approval of both the 1-hour ozone
redesignation request and the 10-year maintenance plan SIP revision,
including the new 2015 MVEBs. EPA's proposed approval of the 1-hour
ozone redesignation request is based on its determination that the
Atlanta area has met the five criteria for redesignation to attainment
specified in the CAA, including a demonstration that the Atlanta area
has attained the 1-hour ozone NAAQS. EPA is proposing approval of the
10-year maintenance plan SIP revision, including the new 2015 MVEBs,
because EPA has determined that the plan complies with the requirements
of Section 175A of the Act.
Finally, in this proposed rulemaking, EPA is providing information
on the status of its transportation conformity adequacy determination
for new motor vehicle emission budgets (MVEB) for the year 2015 that
are contained Georgia's the 10-year 1-hour ozone maintenance plan SIP
submittal for the Atlanta area.
DATES: Written comments must be received on or before May 20, 2005.
ADDRESSES: Submit your comments, identified by Regional Material in
EDocket (RME) ID No. RO4-OAR-2005-GA-0002; RO4-OAR-2005-GA-0003, by one
of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Agency Website: http://docket.epa.gov/rmepub/ RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
3. E-mail: [email protected].
4. Fax: 404-562-9019.
5. Mail: ``RO4-OAR-2005-GA-0002; RO4-OAR-2005-GA-0003'', Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960.
6. Hand Delivery or Courier. Deliver your comments to: Scott M.
Martin, Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division 12th floor, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during
the Regional Office's normal hours of operation. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
Instructions: Direct your comments to RME ID No. RO4-OAR-2005-GA-
0002; RO4-OAR-2005-GA-0003. EPA's policy is that all comments received
will be included in the public docket without change and may be made
available online at http://docket.epa.gov/rmepub/, including any
personal information provided, unless the comment includes information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
RME, regulations.gov, or e-mail. The EPA RME website and the federal
regulations.gov website are ``anonymous access'' systems, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through RME or regulations.gov, your e-
mail address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
RME index at http://docket.epa.gov/rmepub/. Although listed in the
index, some information is not publicly available, i.e., 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 either electronically in RME
or in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
federal holidays.
FOR FURTHER INFORMATION CONTACT: Scott M. Martin, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number
is (404) 562-9036. Mr. Martin can also be reached via electronic mail
at [email protected].
SUPPLEMENTARY INFORMATION: The use of ``we,'' ``us,'' or ``our'' in
this document refers to EPA.
Table of Contents
I. What Action Is EPA Taking?
II. What Is the Background for This Action?
III. Why Is EPA Taking This Action and What Are the Criteria for
Redesignation?
IV. What Is EPA's Evaluation of the Redesignation Request?
V. Motor Vehicle Emission Budgets
VI. What Is EPA's Proposed Action on the Redesignation Request and
Maintenance Plan for the Atlanta 1-Hour Ozone Nonattainment Area?
VII. What Is an Adequacy Determination and What Is the Status of
EPA's Adequacy Determination for the Atlanta Maintenance Area's New
MVEB for the Year 2015?
VIII. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
Today, EPA is proposing four actions and providing status
information on a fifth matter. First, EPA is proposing to determine
that the Atlanta area has attained the 1-hour ozone standard NAAQS
based on air quality monitoring data for the 2003 through 2004 ozone
season. Second, EPA is proposing to determine that certain CAA SIP
submittal requirements related to attainment demonstrations and
reasonable further progress are not applicable to the Atlanta area
because the area is attaining the 1-hour ozone standard. If an area has
in fact attained
[[Page 20497]]
the 1-hour ozone standard, the stated purpose of CAA SIP submissions
relating to attainment demonstrations and reasonable further progress
(i.e. to ensure timely attainment of the 1-hour ozone standard) has
already been fulfilled and there is no need for an area to make further
submissions containing additional measures to achieve attainment.
Third, EPA is proposing to approve a change in the legal designation of
the Atlanta area from nonattainment to attainment for the 1-hour ozone
NAAQS. The current Atlanta 1-hour ozone nonattainment area consists of
the following counties: Cherokee, Clayton, Cobb, Coweta, DeKalb,
Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding and
Rockdale (Atlanta area). Fourth, EPA is proposing to approve Georgia's
maintenance plan SIP revision for the Atlanta area. The maintenance
plan is designed to keep the Atlanta area in attainment for the 1-hour
ozone standard for the next 10 years.
Fifth, in support of the transportation conformity process, EPA is
providing information on the status of its transportation conformity
adequacy determination for new motor vehicle emission budgets (MVEB)
for the year 2015 that are contained Georgia's the 10-year 1-hour ozone
maintenance plan SIP submittal for the Atlanta area.
II. What Is the Background for This Action?
Under section 107(d)(1)(C) of the CAA, each ozone area designated
nonattainment for the 1-hour ozone NAAQS prior to enactment of the 1990
CAA amendments, such as the Atlanta area, was designated nonattainment
by operation of law upon enactment of the 1990 amendments. Under
section 181(a) of the Act, each ozone area designated nonattainment
under section 107(d) was also classified by operation of law as
``marginal,'' ``moderate,'' ``serious,'' ``severe,'' or ``extreme,''
depending on the severity of the area's air quality problem. These
nonattainment designations and classifications were codified in 40 CFR
Part 81 (see 56 FR 56694, November 6, 1991). The design value for an
area, which characterizes the severity of the air quality problem, is
represented by the highest design value at any of the individual ozone
monitoring sites in the area (i.e., the highest of the fourth highest
1-hour daily maximums in a given three-year period with complete
monitoring data). Table 1 in section 181(a) provides the design value
ranges for each nonattainment classification. Ozone nonattainment areas
with design values between 0.160 parts per million (ppm) and 0.180 ppm
for the three year period 1987-1989 were classified as serious. The
Atlanta area design value was 0.162 ppm and thus the area was
classified as serious.
Under section 182(c) of the CAA, states containing areas that were
classified as serious nonattainment were required to submit SIPs to
provide for certain controls, to show progress toward attainment, and
to provide for attainment of the ozone NAAQS as expeditiously as
practicable but no later than November 15, 1999.
Because Atlanta failed to attain the 1-hour ozone NAAQS by November
15, 1999, EPA issued a final rulemaking action in the September 26,
2003, Federal Register (68 FR 55469) determining that, by operation of
law, the Atlanta area was being reclassified as a severe ozone
nonattainment area effective January 1, 2004. In addition to having
been required to submit SIP revisions meeting requirements for
marginal, moderate, and serious ozone nonattainment areas, Georgia was
required to submit plans meeting the additional requirements for areas
classified as severe as required in section 182(d) of the Act.
Under EPA regulations at 40 CFR Part 50, the 1-hour ozone standard
is attained when the expected number of days per calendar year with
maximum hourly average ozone concentrations above 0.12 ppm or higher is
equal to or less than 1, as determined in Appendix H of Part 50. Under
Appendix H, the basic method is to record the number of exceedances of
the standard monitored at each site in an area for each calendar year
and then average the past three calendar years to determine if this
average is less than or equal to one. In other words, an area has
attained the 1-hour ozone NAAQS if there are three or fewer exceedances
recorded over a three-year period at each of the monitoring sites
within the area. If there are more than three exceedances over a three-
year period at any of the monitoring sites, the area has not attained
the standard. Based on ambient ozone season air quality data for the
years 2002, 2003, and 2004, the Atlanta area has attained 1-hour ozone
NAAQS. (See Table 1 below).
III. Why Is EPA Taking This Action and What Are the Criteria for
Redesignation?
Section 107(d)(3)(D) of the CAA allows a Governor, or the
Governor's designee, to initiate the redesignation process for an area
to apply for attainment status. On February 1, 2005, the Georgia
Environmental Protection Division (EPD) submitted a final maintenance
plan for the Atlanta 1-hour ozone nonattainment area and a request for
redesignation to attainment for the 1-hour ozone NAAQS.
Nonattainment areas may be redesignated to attainment status if
certain CAA criteria for redesignation are met. The 1990 CAA Amendments
revised section 107(d)(3)(E) to provide five specific requirements that
an area must meet in order to be redesignated from nonattainment to
attainment: (1) The area has attained the applicable NAAQS; (2) the
area has a fully approved SIP under section 110(k) of the CAA; (3) the
air quality improvement is due to permanent and enforceable reductions
in emissions resulting from implementation of the SIP and applicable
Federal air pollution control regulations and other permanent and
enforceable reductions, (4) the area has a fully approved maintenance
plan pursuant to section 175A of the CAA; and (5) the area has met all
applicable requirements under section 110 and part D of the CAA. As
detailed below, EPA is proposing to determine that the Atlanta area has
attained the 1-hour ozone standard and has fully met the requirements
for redesignation found at section 107(d)(3)(E) of the CAA for
redesignation of an area from nonattainment to attainment. The EPA
believes that Georgia has demonstrated that the Atlanta area has
attained, and that the criteria for redesignation have been met.
EPA provided guidance on redesignation in the General Preamble for
the Implementation of Title I of the CAA Amendments of 1990, on April
16, 1992 (57 FR 13498), and supplemented this guidance on processing
redesignation requests in the following documents:
State Implementation Plans: General Preamble for the
Implementation of Title I of the CAA Amendments of 1990 (57 FR 13498),
April 16, 1992 (General Preamble);
``Maintenance Plans for Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone and Carbon
Monoxide Programs Branch, June 1, 1992;
``Procedures for Processing Requests to Redesignate Areas
to Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992;
[[Page 20498]]
``State Implementation Plan (SIP) Actions Submitted in
Response to Clean Air Act (ACT) Deadlines,'' Memorandum from John
Calcagni, Director, Air Quality Management Division, October 28, 1992;
``Technical Support Documents (TSD's) for Redesignation
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from
G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17,
1993;
``State Implementation Plan (SIP) Requirements for Areas
Submitting Requests for Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On
or After November 15, 1992,'' Memorandum from Michael H. Shapiro,
Acting Assistant Administrator for Air and Radiation, September 17,
1993;
``Part D New Source Review (part D NSR) Requirements for
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary D.
Nichols, Assistant Administrator for Air and Radiation, October 14,
1994; and
``Reasonable Further Progress, Attainment Demonstration,
and Related Requirements for Ozone Nonattainment Areas Meeting the
Ozone National Ambient Air Quality Standard,'' Memorandum from John S.
Seitz, Director, Office of Air Quality Planning and Standards, May 10,
1995.
IV. What Is EPA's Evaluation of the Redesignation Request?
EPA is proposing to determine that the Atlanta area has attained
the 1-hour ozone NAAQS and, because of that determination, that certain
attainment demonstration and reasonable further progress requirements
along with other related requirements of part D of Title I of the CAA
are not applicable to the Atlanta area. EPA is also proposing approval
of both the 1-hour ozone redesignation request and the 10-year
maintenance plan SIP revision, including the new 2015 MVEBs. EPA's
proposed approval of the 1-hour ozone redesignation request is based on
its determination that the Atlanta area has met the five criteria for
redesignation to attainment specified in the CAA, including a
demonstration that the Atlanta area has attained the 1-hour ozone
NAAQS. EPA is proposing approval of the 10-year maintenance plan SIP
revision, including the new 2015 MVEBs, because EPA has determined that
the plan complies with the requirements of Section 175A of the Act. EPA
is proposing to redesignate the Atlanta nonattainment area to
attainment status for the 1-hour ozone NAAQS because all five
redesignation criteria have been met. The basis for EPA's proposed
actions is as follows:
(1). Criteria (1): Atlanta Has Attained the 1-Hour Ozone NAAQS
EPA is proposing to determine that the Atlanta area has attained
the 1-hour ozone NAAQS. For ozone, an area may be considered attaining
the 1-hour ozone NAAQS if there are no violations, as determined in
accordance with 40 CFR 50.9 and Appendix H, based on three complete,
consecutive calendar years of quality-assured air quality monitoring
data. A violation of the 1-hour ozone NAAQS occurs when the annual
average number of expected daily exceedances is equal to or greater
than 1.05 per year at a monitoring site. A daily exceedance occurs when
the maximum hourly ozone concentration during a given day is 0.125
parts per million (ppm) or higher. The data must be collected and
quality-assured in accordance with 40 CFR part 58, and recorded in
Aerometric Information Retrieval System (AIRS). The monitors should
have remained at the same location for the duration of the monitoring
period required for demonstrating attainment.
The GAEPD submitted ozone monitoring data for the April through
October ozone season from 2002 to 2004. This data has been quality
assured and is recorded in AIRS. For the 2002 to 2004 time period, the
design value is 0.123 ppm. The average annual number of expected
exceedances is 1.0, or less, at each monitor for that same time period.
The GAEPD's request is based on an analysis of quality-assured ozone
air quality data which is relevant to the redesignation request. The
request is based on ambient air ozone monitoring data collected for
three consecutive ozone monitoring seasons from 2002 through 2004. The
exceedances are summarized in the following table:
Table 1.--Expected and Actual Number of Exceedances
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Exceedances Expected number of exceedances
Site name ------------------------------------------------------------------ 3-year
2002 2003 2004 2002 2003 2004 average
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Confederate Ave.................... 1 1 1 1 1 1 1.00
Conyers............................ 2 0 0 2 0 0 0.67
Douglasville....................... 1 0 0 1 0 0 0.33
Fayetteville....................... 1 0 0 1 0 0 0.33
Gwinnett Tech...................... 0 1 0 0 1 0 0.33
Kennesaw........................... 1 0 0 1 0 0 0.33
McDonough.......................... 2 0 0 2 0 0 0.67
Newnan............................. 0 0 0 0 0 0 0.00
South DeKalb....................... 2 0 1 2 0 1 1.00
Tucker............................. 1 1 1 1 1 1 1.00
Yorkville.......................... 2 0 0 2 0 0 0.67
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In addition, GAEPD has committed to continue monitoring in these
areas in accordance with 40 CFR part 58. In summary, EPA agrees that
the data submitted by Georgia provides an adequate demonstration that
the Atlanta area has attained the 1-hour ozone NAAQS.
(2). Criteria (2) and (5): The Area Has a Fully Approved SIP Under
Section 110(k); and the Area Meets All Applicable Requirements Under
Section 110 and Part D of the CAA.
In order to analyze whether the Atlanta area meets these criteria,
it is necessary to discuss what requirements are applicable to the
Atlanta area, and for the applicable SIP requirements, the extent to
which they are fully approved under section 110(k) of the CAA.
Applicable Requirements
1. General SIP requirements: Section 110(a)(2) of the CAA
delineates the general requirements for a SIP, which include
enforceable emission
[[Page 20499]]
limitations and other control measures, means, or techniques,
provisions for the establishment and operation of appropriate devices
necessary to collect data on ambient air quality, and programs to
enforce the limitations. These requirements are discussed in the
following EPA documents: ``Procedures for Processing Requests to
Redesignate Areas to Attainment,'' John Calcagni, Director, Air Quality
Management Division, September 4, 1992; ``State Implementation Plan
(SIP) Actions Submitted in Response to Clean Air Act (CAA) Deadlines,''
John Calcagni, Director, Air Quality Management Division, October 28,
1992; and ``State Implementation Plan (SIP) Requirements for Areas
Submitting Requests for Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) on
or after November 15, 1992,'' Michael H. Shapiro, Acting Assistant
Administrator, September 17, 1993.
EPA has analyzed the Georgia SIP and determined that it is
consistent with the requirements of CAA section 110(a)(2). Title 40 CFR
52.570 subpart L contains the historical record of the Georgia SIP. The
SIP contains enforceable emission limitations; requires monitoring,
compiling, and analyzing ambient air quality data; requires
preconstruction review of new major stationary sources and major
modifications to existing ones; provides for adequate funding, staff,
and associated resources necessary to implement its requirements; and
requires stationary source emissions monitoring and reporting.
2. Part D: General Provisions for Nonattainment Areas:
Before an area may be redesignated to attainment, it must have
fulfilled the applicable requirements of part D. Under part D of title
I of the CAA, an area's ozone classification determines the
requirements to which it is subject. Subpart 1 of part D specifies the
basic requirements applicable to all nonattainment areas. Subpart 2 of
part D establishes additional requirements for nonattainment areas
classified under Table 1 of section 181(a) of the CAA. As described in
the General Preamble for Implementation of title I of the CAA, specific
requirements of subpart 2 may override or modify subpart 1's general
provisions (57 FR 13501, April 16, 1992). Therefore, in order to be
redesignated, the State must meet the applicable requirements of
subpart 1 of part D--specifically section 172(c), as well as the
applicable requirements of subpart 2 of part D (section 182).
Section 172(c). A thorough discussion of the requirements contained
in section 172(c) may be found in the General Preamble for
Implementation of title I (57 FR 13498, April 16, 1992). Section 172(c)
requires Georgia to adopt reasonable further progress plans, emission
inventories, and establish a permit program for the construction of new
and modified sources. The discussion below regarding section 182(a)(1)
and section 182(d)(1)(A) describes how Georgia satisfies the
requirements for emission inventories and rate-of-progress plans. In
addition, Georgia's permit program was originally approved on August
20, 1976 (41 FR 35184) and was last revised on July 11, 2002, (67 FR
45909). These general requirements for nonattainment plans have been
met by Georgia's adoption and implementation, and EPA's approval into
the Georgia SIP, of programs and rules needed to attain the 1-hour
NAAQS.
Section 182(a)(1)--This provision of the Act provided for the
submission of a 1990 Baseline inventory. The EPA approved Georgia's
1990 Baseline Emissions Inventory on April 26, 1999 (64 FR 20186),
effective May 26, 1999.
Section 182(a)(2)(A)--This provision of the Act required areas that
were designated nonattainment before the Amendments of 1990 to correct
any deficiencies in the area's reasonably available control technology
(RACT) rules. Modifications to GAEPD's case-by-case volatile organic
compound (VOC) and nitrogen oxides (NOX) rules were adopted
by the Georgia Board of Natural Resources on December 7, 2004, and
filed with the Georgia Secretary of State on December 10, 2004. The EPA
intends to propose approval of these rule revisions in a separate
action. Final action on these rule revisions will occur on or before
the date of any final action to redesignate the Atlanta area to
attainment.
Section 182(a)(2)(B)--This provision of the Act relates to the
savings clause for vehicle inspection and maintenance. It requires
marginal areas to adopt vehicle inspection and maintenance programs.
The discussion below regarding section 182(c)(3) describes how Georgia
satisfies this requirement.
Section 182(a)(2)(C)--This provision of the Act required Georgia to
adopt a New Source Review (NSR) Permit Program or to correct its
existing program to meet EPA guidance requirements issued prior to
1990. Georgia's nonattainment NSR program was submitted November 13,
1992, and approved by EPA March 8, 1995, (60 FR 12688), effective May
8, 1995.
Section 182(a)(3)(A)--This provision of the Act requires a
triennial Periodic Emissions Inventory for the nonattainment area. The
most recent inventory for the Atlanta area was compiled for 2002 and
submitted to EPA in June 2004, as required by the Consolidated
Emissions Reporting Rule (CERR) which was promulgated by EPA on June
10, 2002. The CERR consolidates the requirements of this portion of the
Act with other general provisions of Section 110 and continues the
triennial reporting requirement for 2002 and beyond.
Section 182(a)(3)(B)--This provision of the Act requires sources of
VOCs and NOX in the nonattainment area to submit annual
Emissions Statements regarding the quantity of emissions from the
previous year. Georgia's Emissions Statements Program was submitted on
November 13, 1992. Its approval by EPA was published in the Federal
Register on February 2, 1996, (61 FR 3819), effective April 2, 1996.
Section 182(b)(2)--This provision of the Act requires RACT for each
category of VOC sources covered by a control technique guideline (CTG).
Georgia has adopted numerous VOC controls which can be found by
referencing 40 CFR 52.570 subpart L.
Section 182(b)(4)--This provision of the Act requires the adoption
of motor vehicle inspection and maintenance programs. The discussion
below regarding section 182(c)(3)describes how Georgia satisfies this
requirement.
Section 182(b)(5)--This provision of the Act requires the adoption
of a general offset requirement of at least 1.15 to 1. The discussion
below regarding section 182(d)(2) describes how Georgia satisfies this
requirement.
Section 182(b)(3)--This provision of the Act requires Stage II
refueling vapor recovery in ozone nonattainment areas classified as
moderate or worse. Georgia's rule implementing the Stage II program was
submitted November 13, 1992, and approved by EPA on February 2, 1996,
(61 FR 3819), effective April 2, 1996.
Section 182(c)(1)--This provision of the Act requires enhanced
monitoring of ozone and its precursors in ozone nonattainment areas
classified as serious or worse. The Code of Federal regulations (40 CFR
Part 58) was subsequently revised to require States to establish
Photochemical Assessment Monitoring Stations (PAMS) as part of their
SIP monitoring networks. Georgia's PAMS network was approved in a
November 23, 1993, memorandum from EPA's Office of Air Quality Planning
and Standards.
Section 182(c)(3)--This provision of the Act requires enhanced
vehicle inspection and maintenance (I/M) in ozone nonattainment areas
classified as
[[Page 20500]]
serious or worse. Georgia's enhanced I/M rule was submitted to EPA on
August 9, 1999, and approved on April 19, 2002 (67 FR 19335), effective
June 18, 2002.
Section 182(c)(4)--This provision of the Act requires a clean-fuel
vehicle program in ozone nonattainment areas classified as serious or
worse. Georgia's clean-fueled fleets rule was submitted to EPA on May
5, 1994, and approved on December 21, 1995, (60 FR 66150), effective
May 22, 1994.
Section 182(c)(6)--This provision of the Act requires a serious or
worse ozone nonattainment area to submit a de minimis rule for its NSR
program. Georgia's rule was submitted November 13, 1992, and approved
by EPA March 8, 1995, (60 FR 12688), effective May 8, 1995.
Section 182(c)(7)--This provision of the Act requires a special NSR
rule for sources that emit less than 100 tons per year. Georgia's rule
was submitted November 13, 1992, and approved by EPA March 8, 1995, (60
FR 12688), effective May 8, 1995.
Section 182(c)(8)--This provision of the Act requires a special NSR
rule for sources that emit 100 or more tons per year. Georgia's rule
was submitted November 13, 1992, and approved by EPA March 8, 1995, (60
FR 12688), effective May 8, 1995.
Section 182(d)--This provision of the Act requires that the major
source threshold be defined as 25 tons per year. On March 15, 2005,
GAEPD submitted rule revisions addressing this requirement. EPA intends
to propose approval for this revision in a separate action. Final
action on these revisions will occur on or before the date of any final
action to redesignate the Atlanta area to attainment.
Section 182(d)(1)(A)--This provision of the Act requires severe
ozone nonattainment areas to offset growth in emissions attributable to
growth in vehicle miles traveled (VMT); to select and implement
transportation control measures (TCMs) necessary to comply with the
periodic emissions reduction requirements of Sections 182(b) and (c);
and to consider TCMs specified in Section 108(f), and implement such
TCMs as necessary to demonstrate attainment with the ozone standard.
The first requirement was addressed in Georgia's Severe Area VMT SIP,
submitted June 30, 2004. EPA intends to propose approval for this
submittal in a separate action. Final action on these revisions will
occur on or before the date of any final action to redesignate the
Atlanta area to attainment. The second requirement was addressed in
Georgia's 15 percent reasonable further progress (RFP) SIP (the 15
Percent Plan), the last revision to which was submitted on June 17,
1996, and approved by EPA on April 26, 1999 (64 FR 20186), effective
May 26, 1999. That approval also included the TCMs in the 15 Percent
Plan and therefore satisfies the second requirement. The third
requirement, the selection and implementation of TCMs as necessary to
demonstrate attainment of the ozone standard, is not applicable because
the Atlanta area is attaining the 1-hour ozone NAAQS. A further
discussion of non-applicability of requirements because of the
attainment of the 1-hour ozone standard is set forth below.
Section 182(d)(2)--This provision of the Act requires a ratio of
total emission reductions to total increased emissions of at least 1.3
to 1. Georgia's VOC offset rule, revised to address this severe
nonattainment area requirement, was approved by the Georgia Board of
Natural Resources on April 28, 2004. EPA intends to propose approval
for this submittal in a separate action. Final action on these
revisions will occur on or before the date of any final action to
redesignate the Atlanta area to attainment.
Section 182(f)--This provision of the Act requires that plan
provisions required for major stationary sources of VOCs shall also
apply to major stationary sources of NOX (under title I,
part D, and subpart 2) unless the Administrator determines that net air
quality benefits are greater in the absence of reductions of
NOX from the sources concerned. The Georgia SIP was amended
in 1992 to add the requirements of NOX offsets for new or
modified major stationary sources in the nonattainment area. EPA
approved this revision on March 8, 1995, (60 FR 12688), effective May
8, 1995.
Non-Applicable Requirements Due to Attainment of 1-Hour Ozone Standard
EPA interprets the CAA's general nonattainment provisions of
subpart 1 of part D of Title I (sections 171 and 172) and the more
specific attainment demonstration and related provisions of subpart 2
(section 182), relating to SIP requirements for ozone nonattainment
areas to not require the submission of SIP revisions concerning
reasonable further progress (RFP), attainment demonstrations, or
contingency measures for areas where the monitoring data show that the
area is attaining the 1-hour ozone standard. (See Sierra Club v. EPA,
99 F.3d 1551 (10th Cir. 1996)). This rationale is described in a
memorandum from John S. Seitz, Director, Office of Air Quality Planning
and Standards, entitled ``Reasonable Further Progress, Attainment
Demonstration, and Related Requirements for Ozone Nonattainment Areas
Meeting the Ozone National Ambient Air Quality Standard,'' dated May
10, 1995. (See also, the final determination of attainment for St.
Louis, 68 FR 25418, May 12, 2003; the proposed determination of
attainment for St. Louis, 68 FR 4847, 4848, January 30, 2003; the
proposed determination of attainment for Louisville, 66 FR 27483,
27486, May 17, 2001; and the proposed determination of attainment for
Pittsburgh-Beaver Valley, 66 FR 1925, January 10, 2001, for more recent
applications of this interpretation).
EPA believes it is reasonable to interpret the provisions regarding
RFP and attainment demonstrations, along with other certain related
provisions, not to require SIP submissions if an ozone nonattainment
area subject to those requirements is monitoring attainment of the
ozone standard (i.e., attainment of the NAAQS demonstrated with three
consecutive years of complete, quality-assured, air quality monitoring
data). EPA believes this interpretation is reasonable because the
stated purpose of CAA provisions addressing or relating to RFP and
attainment demonstrations is to ensure attainment of the standard by
the applicable attainment date. If an area has in fact attained the
standard, the stated purpose of the requirement will have been
fulfilled and there will be no need for an area to make a further
submission containing additional measures to achieve attainment. EPA
has explained at length in other actions its rationale for the
reasonableness of this interpretation of the CAA and incorporates those
explanations by reference. See (67 FR 49600) (Cincinnati-Hamilton,
Kentucky, July 31, 2002); (66 FR 53095) (Pittsburgh-Beaver Valley,
Pennsylvania, October 19, 2001); (65 FR 37879) (Cincinnati-Hamilton,
Ohio and Kentucky, June 19, 2000); (61 FR 20458) (Cleveland-Akron-
Lorain, Ohio, May 7, 1996); (60 FR 36723) (Salt Lake and Davis
Counties, Utah, July 18, 1995); (60 FR 37366 (July 20, 1995); (61 FR
31832-31833) (June 21, 1996) (Grand Rapids, MI). The United States
Court of Appeals for the Tenth Circuit has upheld EPA's interpretation.
Sierra Club v. EPA, 99 F.3d 1551 (10th Cir. 1996).
Pursuant to this interpretation, EPA's is proposing to determine
that the following CAA provisions are not applicable requirements for
purposes of this redesignation request because EPA believes the Atlanta
area is currently attaining the 1-hour ozone standard:
[[Page 20501]]
Section 172(c)(2): Reasonable further progress (all nonattainment
areas). As EPA stated in the General Preamble, no other measures to
provide for attainment would be needed by areas seeking redesignation
to attainment since ``attainment will have been reached.'' (57 FR
13564).
Section 172(c)(9): Contingency Measures. EPA has previously
interpreted the contingency measure requirements of this section as no
longer being applicable once an area has attained the standard since
those ``contingency measures are directed at ensuring RFP and
attainment by the applicable date.'' (57 FR 13564).
Section 182(b)(1)(A): Reasonable further progress (the 15 Percent
Plan -VOC reductions for moderate and above nonattainment areas).
Similar reasoning applies to this section. Although not an applicable
requirement, Georgia's last revision was submitted June 17, 1996,
approved April 26, 1999 (64 FR 20186), with an effective date of May
26, 1999.
Section 182(c)(2)(A): Attainment Demonstration (for serious and
above nonattainment areas). As noted above, if an area has, in fact,
monitored attainment of the relevant NAAQS, EPA believes there is no
need for an area to make a further submission containing additional
measures to achieve attainment. Upon attainment, the focus of state
planning efforts shifts to the maintenance of the NAAQS and the
development of a maintenance plan under section 175A.
Section 182(c)(2)(B): Reasonable further progress (for serious and
above nonattainment areas). Similar reasoning applies to this section.
Although not applicable requirements, the 9 Percent Plan
(NOX reductions), required by Section 182(c)(2)(B), were
submitted by Georgia on June 17, 1996, approved March 18, 1999 (64 FR
13348), effective April 19, 1999. In addition, the Post-1999 Rate-of-
Progress (ROP) Plan (NOX reductions), required by Section
182(c)(2)(B), was submitted by Georgia on December 24, 2003, approved
July 19, 2004 (69 FR 42880), effective August 18, 2004.
Section 182(c)(5): Triennial Demonstrations (for serious and above
nonattainment areas). Similar reasoning applies to this section.
Section 182(c)(9): Contingency Provisions (for serious and above
nonattainment areas). Similar reasoning applies to this section.
Section 182(g): Milestones. Similar reasoning applies to this
section.
Other Non-Applicable Requirements
Section 176(c): Section 176(c) of the CAA requires states to
establish criteria and procedures to ensure that federally supported or
funded projects, before they are undertaken, conform to the air quality
planning goals in the SIP. The requirement to determine conformity
applies to transportation plans, programs and projects developed,
funded or approved under Title 23 U.S.C. of the Federal Transit Act
(``transportation conformity''), as well as to all other Federally
supported or funded projects (``general conformity''). Section 176
further provides that state conformity revisions must be consistent
with Federal conformity regulations that the CAA required the EPA to
promulgate.
Since 1995, EPA has consistently interpreted the conformity
requirements as not applying to the evaluation of redesignation
requests under section 107(d) by the Agency. The rationale for this is
based on a combination of two factors. First, the requirement to submit
SIP revisions to comply with the conformity provisions of the CAA
continues to apply to areas after redesignation to attainment, since
such areas would be subject to a section 175A maintenance plan. Second,
EPA's Federal conformity rules require the performance of conformity
analyses in the absence of Federally approved state rules. Therefore,
because areas are subject to the conformity requirements regardless of
whether they are redesignated to attainment and must implement
conformity under Federal rules if states rules are not yet approved,
EPA believes it is reasonable to view these requirements as not
applying-to evaluations of redesignation requests by the Agency. See,
Wall v. EPA, 265 F.3d 426, 439 (6th Cir. 2001) upholding this
interpretation.
(3). Criteria (3): The Air Quality Improvement in the Atlanta Area
Is Due to Permanent and Enforceable Reductions in Emissions Resulting
From Implementation of the SIP and Applicable Federal Air Pollution
Control Regulations and Other Permanent and Enforceable Reductions.
For the following reasons, EPA has determined that this Criteria
has been met. First, EPA approved Georgia's SIP control strategy for
the Atlanta area, including rules and the emission reductions achieved
as a result of those rules that are enforceable. Second, a number of
Federal and Statewide rules are in place which have significantly
improved the ambient air quality in these areas. The following table is
a partial list of rules which have been adopted, are permanent,
enforceable, and demonstrate that the improvements in air quality in
Atlanta are a result of control measures.
Table 2.--State Control Strategy
------------------------------------------------------------------------
State control strategy Compliance date Implemented
------------------------------------------------------------------------
Requiring Stage I Vapor Prior to November Yes.
Recovery at Gasoline 15, 1994.
Dispensing Facilities in 13
counties (391-3-1-.02(2)(rr)).
Expanding VOC and NOX RACT Prior to May 1, Yes.
requirements to 6 additional 2003.
counties (391-3-1-.02(2)(tt)
and (yy)).
Requiring Stage II Vapor Prior to November Yes.
Recovery at Gasoline 15, 1995.
Dispensing Facilities in 13
counties (391-3-1-.02(2)(zz)).
Lowering Automobile Windshield Prior to January Yes.
Washer Fluid VOC Content in 13 1, 1996.
counties (391-3-1-.02(2)(aaa)).
Lowering Reid Vapor Pressure Prior to June 1, Yes.
(RVP) of gasoline sold in 45 1999.
counties (391-3-1-.02(2)(bbb)).
Lowering Sulfur Content of Prior to September Yes.
gasoline sold in 45 counties 16, 2003.
(391-3-1-.02(2)(bbb)).
Limiting NOX Emissions from 5 Prior to May 1, Yes.
Georgia Power Plants (Bowen, 2003.
Hammond, McDonough, Wansley,
and Yates) to 0.13 lb/MMBtu
(391-3-1-.02(2)(jjj)).
Limiting NOX Emissions from 7 Prior to May 1, Yes.
Georgia Power Plants (Bowen, 2003.
Hammond, McDonough, Wansley,
Yates, Branch and Scherer) to
0.20 lb/MMBtu (391-3-1-
.02(2)(jjj)).
Regulating NOX Emissions from Prior to May 1, Yes.
Fuel-Burning Equipment in 45 2000.
counties (391-3-1-.02(2)(lll)).
[[Page 20502]]
Regulating NOX Emissions from Prior to May 1, Yes.
Stationary Gas Turbines and 2003.
Stationary Engines used to
Generate Electricity in 45
counties (391-3-1-.02(2)(mmm)).
Regulating NOX Emissions from Prior to May 1, Yes.
Large Stationary Gas Turbines 2003.
in 45 counties (391-3-1-
.02(2)(nnn)).
Implementing a ban on Open Prior to May 1, Yes.
Burning activities during the 2001.
ozone season in 45 counties
(391-3-1-.02(5)).
Implementation of stricter PSD June 6, 1999...... Yes.
permitting requirements
including lower applicability
thresholds and emission offset
requirements in 6 additional
counties (391-3-1-.03(8)).
Improving rule effectiveness June 1996......... Yes.
for various rules (e.g.,
Graphic Arts Rule (391-3-1-
.02(2)(mm)) and Coil Coating
Rule (391-3-1-.02(2)(v))).
Implementing an enhanced October 1, 1996... Yes.
inspection and maintenance
program for vehicles in 13
counties (391-3-1-20).
Limiting emissions from May 1, 2003....... Yes.
specific industrial sources
through air quality permits
(e.g., Blue Circle Cement
(Lafarge), Transcontinental
Gas Pipeline, Austell Box
Board).
------------------------------------------------------------------------
In addition to the State adopted rules the following Federal
control measures are also implemented in the Atlanta area:
Table 3.--Federal Control Strategy
------------------------------------------------------------------------
Federal control measures Compliance date Implemented
------------------------------------------------------------------------
National Architectural Coatings August 14, 1998... Yes.
Rule.
National Autobody Refinishing August 14, 1998... Yes.
Rule.
National Consumer Products Rule September 11, 1998 Yes.
Federal Motor Vehicle Control February 10, 2000. Yes.
Program, including National
Tier 0, 1, and 2 Tailpipe
Standards.
Federal Heavy-Duty Highway October 6, 2000... Yes.
Engine Standards (both sets:
2004-and-later, 2007-and-
later).
National Standards for New April 25, 2000.... Yes.
Nonroad Spark-Ignition Engines
At or Below 19 kW.
Small Non-Road Gasoline Engines April 25, 2000.... Yes.
Large Non-Road Gasoline Engines November 8, 2002.. Yes.
Federal Consumer and Commercial August 14, 1998... Yes.
Products Requirements.
Federal Non-Road Diesel Engine May 11, 2004...... Yes.
Phases 2 and 3 Requirements.
Federal Marine Engine October 4, 1996; Yes.
Requirements. November 8, 2002;
February 28, 2003.
Federal Locomotive Requirements December 17, 1997. Yes.
------------------------------------------------------------------------
Third, the ambient ozone monitoring data in Table 1 demonstrates
that the Atlanta area has attained the 1-hour ozone NAAQS during the
time period of 2002-2004. Tables 2 and 3 list many, but not all, of the
control measures which have been implemented in the Atlanta area to
ensure that the reductions in ozone are permanent and enforceable.
Fourth, based upon data previously supplied by the State of Georgia
these control measures have resulted in more than 430 tpd in
NOX emissions reductions, and 80 tpd VOC emissions
reductions from the 1990 baseline inventory.
Fifth, EPA believes that the improvement in air quality is
attributable to reductions in emissions rather than solely from
favorable meteorology. The GA EPD conducted an analysis of both the
meteorological conditions and concentrations of ozone and its precursor
gases during the 1999-2004 period. This analysis examined the
variability in temperature, wind speed, and cloud cover which all play
a role in producing conditions conducive to ozone formation. While, on
average, meteorological conditions in 2002-2004 were less conducive to
ozone formation than those conditions during 1999-2001, all factors
that are generally agreed to contribute to high ozone concentrations
were present. When high ozone days from the 1999-2001 period are
compared with high ozone days during the 2002-2004 period it can be
seen that the meteorological conditions were very similar. In addition,
based on data noted above there is also a downward trend in
NO2 and NOX concentrations during the same years.
The downward trend in ambient ozone concentrations coincides with the
implementation of NOX control measures by the State of
Georgia. In 1999, the Atlanta nonattainment area's ozone design value
was 0.156 ppm, and in 2004, the design value decreased to 0.123 ppm.
This is significant since scientific studies have generally shown ozone
in the Atlanta region to be limited primarily by NOX.
Therefore, while meteorological variability may have contributed to the
downward trend in ozone, substantial NOX emission reductions
have occurred (data referenced above) concurrently strongly suggesting
that the reductions in NOX emissions contributed
substantially to reductions in ozone concentrations during the 2002-
2004 time period. Thus, EPA agrees with the State's analysis that
decreases in ozone concentrations in the Atlanta area have coincided
with and are attributable to the implementation of emission control
measures rather than favorable meteorology.
(4). Criteria (4): The Area Has a Fully Approved Maintenance Plan
Pursuant to Section 175A of the CAA. EPA is proposing to approve
Georgia's 10-year 1-hour ozone maintenance plan SIP submittal for the
Atlanta area, including the newly established motor vehicle emission
budgets for the year 2015. EPA
[[Page 20503]]
approval of the maintenance plan would satisfy the final criteria for
redesignation of the Atlanta area to attainment status for the 1-hour
ozone standard.
Section 175A of the CAA sets forth the elements of maintenance plan
for areas seeking redesignation from nonattainment to attainment. Under
section 175A, the plan must demonstrate continued attainment of the
applicable NAAQS for at least ten years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, the State must submit a revised maintenance plan which
demonstrates that attainment will continue to be maintained for the ten
years following the initial ten-year period. To provide for the
possibility of future NAAQS violations, the maintenance plan contains
contingency measures, with a schedule for implementation, adequate to
assure prompt correction of any future 1-hour ozone violations.
On February 1, 2005, GAEPD submitted its revision to the Georgia
SIP to include a 10-year maintenance plan as required by section 175A
of the CAA. The maintenance plan shows compliance and maintenance of
the 1-hour ozone standard by assuring that current and future emissions
of VOC and NOX remain at or below attainment year emission
levels.
Monitored attainment of the 1-hour standard was achieved for the
2002-2004 three-year period. The most recent comprehensive periodic
(triennial) emissions inventory for the Atlanta area was compiled for
2002 pursuant to section 182(a)(3)(A). In accordance with federal
requirements, the triennial inventory for 2002 was submitted to EPA by
June 1, 2004.
According to the September 4, 1992, EPA guidance document entitled,
``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' the base attainment inventory should be consistent with
EPA's most recent guidance on emission inventories and should represent
the emissions during the time period associated with the monitoring
data showing attainment. For purposes of demonstrating maintenance of
the standard, 2002 was chosen as the base year representing the
monitoring period of 2002-2004. The attainment year is 2004.
Attainment Inventory
Georgia's complete 2002 Periodic Emissions Inventory (PEI),
submitted to EPA in June 2004, was the basis for point and area source
emissions projections. The point source emissions for calendar year
2002 included in the 2002 PEI were taken from the data obtained from
these regulated facilities. The 2002 point and area source inventories
were grown to later years using projection factors from EPA's Economic
Growth Analysis System (EGAS) 4.0. The resulting point and area
inventories are conservatively high because no control factors were
applied to the projected emissions. Updated nonroad and on-road mobile
emissions for 2002 were calculated based on EPA-approved models
(NONROAD and MOBILE6.2.03, respectively).
With the exception of mobile sources and nonroad sources, which
were explicitly modeled for each year, emissions were in general,
projected by applying projection factors to 2002 emissions inventories.
The projection factors were produced using EPA's Economic Growth
Analysis System (EGAS) software, Version 4.0.
Maintenance Demonstration
The required maintenance plan must become a part of the SIP and
provide for maintenance of the air quality in the affected area for at
least 10 years after designation. Georgia has chosen 2015 as the end
year of the maintenance plan for the Atlanta area.
The approach used for the maintenance plan to demonstrate that
attainment of the 1-hour ozone standard will continue to be maintained
is based upon restricting future anthropogenic emissions to a level
that is representative of attainment of the standard. If these future
emissions are no greater than the actual emissions during a year in the
three year period for which attainment of the standard was monitored,
then it can be assumed that attainment of the standard will also be
achieved in future years.
It can be seen from Table 3 and Table 4 that there is a calculated
safety margin for both VOC and NOX for each year for which
projections were made in the maintenance plan. Note that the mobile
source emissions for 2005, 2010, and 2015 include the small emissions
increases (0.09 NOX tons per day, 0.24 VOC tons per day)
resulting from the senior citizen vehicle inspection exemption in 2004.
Table 4.--Atlanta 1-Hour Ozone Attainment Area Maintenance Plan NOX
Emissions
[Tons per summer day]
------------------------------------------------------------------------
Source category 2002 2005 2010 2015
------------------------------------------------------------------------
Total for the Atlanta area:
Point................... 55.58 54.99 58.43 63.79
Area.................... 28.57 29.52 31.75 33.81
Mobile.................. 365.55 284.72 191.65 110.80
Nonroad................. 114.35 116.24 107.72 98.15
------------
Total............... 564.05 485.48 389.55 306.55
-----------------------------
Maintenance Plan Decrease from 2002, 78.57 174.50 257.50
(NOX Safety Margin*)
------------------------------------------------------------------------
*After assigning 11.08 TPD of the 2015 NOX safety margin to the Motor
Vehicle Emissions Budget, the revised 2015 NOX safety margin will be
246.42 TPD.
Table 5.--Atlanta 1-Hour Ozone Attainment Area Maintenance Plan VOC
Emissions
[Tons per summer day]
------------------------------------------------------------------------
Source category 2002 2005 2010 2015
------------------------------------------------------------------------
Total for the Atlanta area:
Point................... 15.71 17.11 19.69 22.12
Area.................... 294.20 314.68 357.11 398.41
Mobile.................. 184.84 141.91 112.34 75.84
[[Page 20504]]
Nonroad................. 83.44 64.28 48.96 47.02
------------
Total............... 578.19 537.98 538.10 543.40
-----------------------------
Maintenance Plan Decrease from 2002
(VOC Safety Margin*) 40.21 40.09 34.79
------------------------------------------------------------------------
*After assigning 7.58 TPD of the 2015 VOC safety margin to the Motor
Vehicle Emissions Budget, the revised 2015 VOC safety margin will be
27.21 TPD.
A ``safety margin'' is the difference between the attainment level
of emissions (from all sources) and the projected level of emissions
(from all sources) in the maintenance plan. The attainment level of
emissions is the level of emissions during one of the years in the
three year period for which the area met the NAAQS. For example, the
Atlanta area attained the 1-hour ozone NAAQS during the 2002-2004 time
period. Georgia uses 2002 as the attainment level of emissions for the
area. The emissions from point, area, nonroad, and mobile sources in
2002 equaled 578.19 tpd of VOC for the Atlanta area. Projected VOC
emissions out to the year 2015 equaled 543.40 tpd of VOC. The safety
margin for VOCs is calculated to be the difference between these
amounts or, in this case, 34.79 tpd of VOC for 2015. By this same
method, 257.50 tpd (i.e., 564.05 in 2002 minus 306.55 in 2015) is the
safety margin for NOX for 2015. The emissions are projected
to maintain the area's air quality consistent with the NAAQS. The
safety margin is the extra emissions that can be allocated as long as
the total attainment level of emissions is maintained. The credit, or a
portion thereof, can be allocated to any of the source categories. The
State of Georgia has also committed in the maintenance plan to the
necessary continued operation of the ozone monitoring network in
compliance with 40 CFR part 58.
Under section 211 of the Act, the requirement to use reformulated
gasoline (RFG) became effective for the Atlanta severe nonattainment
area on January 1, 2005. Georgia petitioned EPA to waive the RFG
requirement for Atlanta. EPA found that it lacked the authority to
grant the waiver request and denied the petition. Georgia filed a
lawsuit to stop the implementation of RFG in Atlanta. The State's
request for a preliminary injunction was denied and Georgia appealed
that decision. Nevertheless, the RFG requirement was stayed pending
appeal by order of the Federal District Court for the Northern District
of Georgia in the case of State of Georgia v. Michael Leavitt, Docket
1:04-CV-2778-CC. That case is now pending before the 11th
Circuit Court of Appeals in Atlanta. In its 1-hour maintenance
demonstration, GAEPD's mobile source modeling of the 1-hour ozone
standard through the year 2015 was broken down as follows: Emissions
for 2005-2015 were modeled assuming RFG with a 10 percent (by volume)
ethanol oxygenate and 7.3 psi Reid Vapor Pressure (RVP); emissions for
2004 and earlier were modeled using the low sulfur (30 ppm)/low RVP
(7.0 psi) Georgia gasoline in place under the SIP before the mandated
RFG implementation date. EPA's independent analysis of the impacts of
RFG for air quality in the 13-county Atlanta nonattainment area during
our review of the Georgia petition to waive the RFG requirement,
indicated that RFG would likely lead to a slight increase in
NOX emissions and would be relatively equivalent in emission
benefit for VOC. This analysis indicates that a mobile run using only
Georgia gasoline would likely produce at least equivalent
NOX and VOC levels. In any event, any increases would be
well within the safety margin discussed above. Therefore, maintenance
is indicated under either future fuel scenario (i.e., using RFG or
Georgia gasoline currently in place). EPA intends to confirm this
conclusion prior to final action on this proposed redesignation. Thus,
EPA believes that GAEPD's mobile source emissions modeling supports
maintenance of the 1-hour ozone standard through the year 2015. EPA
will address the applicability of RFG to severe areas like Atlanta
after redesignation to maintenance and after the revocation of the one-
hour standard in a separate action.
Plan To Maintain Air Quality
The GAEPD has implemented programs that will remain enforceable to
ensure that maintenance of the 1-hour standard will continue.
Regulations are prohibited from being removed from the SIP (``anti-
backsliding'') following the redesignation of the area unless such a
change is first approved by the EPA as a revision to the Georgia SIP,
as provided by section 110(l) of the Act.
Control measures have been implemented on point, area, mobile, and
nonroad sources to reduce emissions of oxides of NOX and
VOCs, both in the 13-county Atlanta nonattainment area and in
surrounding counties. Control measures have been developed at both the
state and federal level. Table 1 and Table 2 are lists of state and
federal controls, respectively. These tables show the control measures
relied upon to attain and maintain the 1-hour NAAQS.
All controls relied upon to attain the 1-hour NAAQS were
implemented no later than May 1, 2003, except for the regional
NOX SIP Call and a portion of the Georgia gasoline marketing
rule. The gasoline marketing rule requiring 30 ppm average sulfur year-
round was implemented on September 16, 2003. The air quality impact of
the new gasoline marketing sulfur content rule was realized in the 2004
ozone season with additional reductions of NOX and VOCs. The
NOX SIP Call was implemented in neighboring States (AL, KY,
TN, SC, and NC) on May 31, 2004. This resulted in the reduction of
regional transport of ozone and its precursors.
Verification of Continued Attainment
Verification of continued attainment is accomplished through
operation of the ambient ozone monitoring network and the periodic
updates of the area's emissions inventory.
The 11 ambient ozone monitors currently operating in the Atlanta
area will continue to operate unless a change is approved by EPA
consistent with 40 CFR part 58. No plans are underway to discontinue
operation, relocate, or otherwise affect the ambient monitoring network
in place.
As noted above, the 1990 Amendments required a triennial Periodic
Emissions Inventory for the
[[Page 20505]]
nonattainment area. The most recent inventory for the Atlanta area was
compiled for 2002. The Consolidated Emissions Reporting Rule (CERR) was
promulgated by EPA on June 10, 2002. For the purposes of verifying
continued attainment based upon the emissions inventory, the three main
components of the inventory will be updated on different schedules. The
major point sources of air pollution will continue to submit data on
their emissions on an annual basis. This has been required under 40 CFR
51, subpart Q for many years. For the area source and mobile source
portions of the inventory, these emissions will continue to be
quantified on a three-year cycle. The inventory will be updated and
maintained on a three-year cycle. As required by the CERR, the next
overall emissions inventory will be compiled for 2005.
Contingency Plan
Section 175A(d) of the Act requires that the maintenance plan
include provisions for contingency measures that would assure that the
State will promptly correct any violation of the one-hour ozone NAAQS
after redesignation of an area as an attainment area. A list of
potential contingency measures that could be considered for future
implementation in such an event should also be included in the
maintenance plan.
The GAEPD has developed a contingency plan for the Atlanta 1-hour
ozone nonattainment area. Contingency measures are intended to provide
further emission reductions in the event that violations of the one-
hour ozone NAAQS occur after redesignation to attainment. Consistent
with this plan, GAEPD agrees to adopt and implement, as expeditiously
as practicable, the necessary corrective actions in the event that
violations of the 1-hour ozone NAAQS occur anywhere within the Atlanta
maintenance area after redesignation to attainment. Contingency
measures under Tier I or Tier II triggers would be implemented within
18 months unless GAEPD demonstrated to EPA that technical or economic
feasibility warranted an implementation period longer than 18 months.
Tier I and Tier II triggers are discussed below.
Under Section 175A(d), the minimum requirement for contingency
measures is the implementation of all measures that were contained in
the SIP before the redesignation. This is met due to the designation of
the Atlanta area as nonattainment for the 8-hour ozone standard. The
existing measures are expected to remain in place under the active
portion of the SIP.
The State of Georgia will use actual ambient monitoring data as the
indicator or trigger to determine whether additional contingency
measures would be implemented. In accordance with 40 CFR Part 58,
ambient ozone monitoring data that indicates a future violation of the
1-hour ozone NAAQS will begin the process to implement these
contingency measures according to the protocols identified below. The
contingency plan provides for different levels of corrective responses
should the 1-hour ozone NAAQS be exceeded or violated, or if emissions
in the region increase significantly above current levels.
Contingency Measure Triggers
Tier I: Any monitored ambient concentration of ozone at any ambient
monitoring station in the Atlanta maintenance area above 0.124 ppm that
occurs more than once per year, or, if the periodic emission inventory
updates reveal excessive or unanticipated growth greater than 10
percent in emissions of either ozone precursor over the baseline or
intermediate emissions inventories. The GAEPD will evaluate the
exceedances to determine if the trend is likely to continue. If it is
determined that additional emission reductions are necessary, GAEPD
will implement the schedule below to implement any required measures as
expeditiously as practicable, taking into consideration the ease of
implementation and the technical and economic feasibility of selected
measures.
Tier II: Any recorded violation of the 1-hour ozone NAAQS at any
ambient monitoring station in the Atlanta maintenance area. The GAEPD
will work to conduct a comprehensive study to determine the causes of
the violation, and the control measures necessary to mitigate the
problem. The comprehensive analysis will examine:
The number, location, and severity of the ambient ozone
concentrations above the standard;
The weather patterns contributing to ozone levels;
Potential, contributing emission sources;
The geographic applicability of possible contingency
measures;
Emission trends, including implementation timelines of
scheduled control measures;
Current and recently identified control technologies; and
Air quality contributions from outside the maintenance
area.
Implementation will be conducted as expeditiously as practicable,
taking into consideration the ease of implementation and the technical
and economic feasibility of selected measures.
Table 6.--Timeline for the Development of Contingency Required
Regulations
------------------------------------------------------------------------
Months
------------------------------------------------------------------------
Identify potential sources for reductions............... 3
Identify applicable control measures.................... 3
Initiate a stakeholder process.......................... 3
Draft SIP regulations................................... 3
Initiate rulemaking process (including public comment 6
period, hearing, Board adoption and final submission to
EPA). This process may be initiated simultaneous with
drafting of regulations................................
Completion no later than................................ 18
------------------------------------------------------------------------
Table 7.--List of Potential Contingency Measures
------------------------------------------------------------------------
------------------------------------------------------------------------
Point Source Measures........ Expanded geographic coverage of current
point source measures.
Apply RACT to smaller sources.
MACT controls for industrial sources.
LAER and offsets.
Evaluate sources for additional control.
Other measures to be identified.
Mobile Source Measures....... California Engine Standards.
[[Page 20506]]
Diesel retrofits.
Diesel I/M.
Truck idling reductions.
Incentives for vehicle retrofits.
Other measures to be identified.
Area Source Measures......... California Architectural/Industrial
Maintenance (AIM).
Expanded geographic coverage of current
area source measures for NOX.
Low-sulfur off-road fuel standards.
California Off-Road Engine Standards.
Locomotive emission reduction measures.
Other measures to be identified.
------------------------------------------------------------------------
Contingency measures will be selected from those listed in the
above table or from any other measure deemed appropriate and effective
at the time the selection is made. Which measure will be implemented
will be determined based upon cost effectiveness, emission reduction
potential, economic and social considerations, ease and timing of
implementation, and other appropriate factors. Implementation of
necessary controls in response to a Tier II trigger will take place as
expeditiously as possible, but in no event later than 18 months after
Georgia makes a determination, based on quality-assured ambient data,
that a violation of the 1-hour ozone NAAQS has occurred.
V. Motor Vehicle Emissions Budgets
Under the CAA, states are required to submit, at various times,
control strategy SIPs and maintenance plans in ozone areas. These
control strategy SIPs and maintenance plans create motor vehicle
emissions budgets (MVEBs) for criteria pollutants and/or their
precursors to address pollution from cars and trucks. The MVEB is the
portion of the total allowable emissions that is allocated to highway
and transit vehicle use and emissions. The MVEBs serve as a ceiling on
emissions from an area's planned transportation system.
Motor vehicle emissions budgets for 2004 were established in the
Atlanta Post-1999 ROP plan for ozone. The emissions budgets established
limits at 160.80 tons/day of VOC and 318.24 tons/day of NOX.
The Atlanta Post-1999 ROP plan, including the motor vehicle emissions
budgets, was approved by EPA on July 19, 2004 (69 FR 42880), effective
August 18, 2004. A correction to the VOC budget was published August 9,
2004 (69 FR 48150), also effective August 18, 2004.
Georgia's 1-hour ozone redesignation request for the Atlanta area
does not alter, by increasing or decreasing, the current 2004 mobile
vehicle emissions budgets. The MVEB established in the Post-1999 ROP
plan will be used for regional emissions analyses through the year
2014. However, Georgia's 10-year maintenance plan SIP submittal
establishes new MVEBs for the year 2015. Both the 2004 MVEBs and the
new 2015 MVEBs are set out in Table 8 below. These 2015 MVEB will be
used for regional emissions analysis for 2015 and any required analysis
year beyond 2015.
Mobile Source Maintenance Budget
The Atlanta area 1-hour ozone maintenance plan establishes an
attainment inventory for the year 2002, the first year of the three-
year period with monitoring data showing attainment. This attainment
inventory identifies the base level of emissions in the area which is
sufficient to maintain the 1-hour ozone NAAQS. Maintenance of the 1-
hour ozone NAAQS is demonstrated by showing that future emissions of
NOX and VOC will not exceed the level of the attainment
inventory. NOX and VOC emissions from on-road mobile sources
were projected for the year 2015. NOX and VOC emissions were
also projected for the year 2015 for point, area and nonroad mobile
sources. These projections are shown in Table 4 for NOX and
Table 5 for VOC. As can be seen in Tables 4 and 5, total emissions of
NOX and VOC are projected to decrease from the 2002 base
year through the year 2015. Specifically, NOX emissions are
projected to decrease by 257.50 tons per day and VOC emissions are
projected to decrease by 34.79 tons per day. These projected decreases
in emissions from the base year through 2015 are termed the ``safety
margins.'' In establishing motor vehicle emissions budgets for the last
year of the maintenance plan (2015 in this case), all or a portion of
the safety margins may be allocated to the MVEB.
Under the maintenance plan, 10 percent of the projected 2015 mobile
source NOX and VOC emissions are being allocated to the MVEB
to allow for likely changes in mobile source modeling assumptions. The
maintenance plan establishes the 2015 MVEB at 121.88 tons per day for
NOX (110.80 x 1.1 = 121.88) and 83.43 tons per day for VOC
(75.84 x 1.1 = 83.42). The Atlanta area emissions and safety margins
are listed in Table 4 and Table 5.
Table 8.--13-County Atlanta Area MVEB
------------------------------------------------------------------------
Year for which MVEB Where
established established NOX TPD VOC TPD
------------------------------------------------------------------------
2004......................... Post-1999 ROP 318.24 160.80
Plan.
2015......................... Atlanta One- 121.88 83.42
Hour
Maintenance
Plan.
------------------------------------------------------------------------
VI. What Is EPA's Proposed Action on the Redesignation Request and
Maintenance Plan for the Atlanta 1-Hour Ozone Nonattainment Area?
Today, EPA is proposing to approve the redesignation of the Atlanta
1-hour ozone nonattainment area to attainment. EPA has evaluated the
State of Georgia's redesignation request and determined that it meets
the five redesignation criteria set in section 107(d) of the Act. EPA
believes that the redesignation request and monitoring data demonstrate
that this area has attained the 1-hour ozone standard. In this
redesignation request, EPA's is also proposing to determine that
certain CAA provisions are not applicable requirements because the
Atlanta area is currently attaining the 1-hour ozone standard. The
final approval of this
[[Page 20507]]
redesignation request will change the official designation for the
Atlanta area from severe nonattainment to attainment for the 1-hour
ozone standard.
EPA is also proposing to approve the maintenance plan, and
associated 2015 MVEB, SIP revision submitted by Georgia for the Atlanta
area in conjunction with its redesignation request. EPA is proposing to
approve the maintenance plan for Atlanta because it meets the
requirements of section 175A as described more fully above. The new
2015 MVEBs will be effective on the date of publication (in the Federal
Register) of EPA's final rulemaking on this action.
VII. What Is an Adequacy Determination and What Is the Status of EPA's
Adequacy Determination for the Atlanta Maintenance Area's New MVEB for
the Year 2015?
Under Section 176(c) of the CAA, new transportation projects, such
as the construction of new highways, must ``conform'' to (e.g., be
consistent with) the part of the State's air quality plan that
addresses pollution from cars and trucks. ``Conformity'' to the SIP
means that transportation activities will not cause new air quality
violations, worsen existing violations, or delay timely attainment of
the NAAQS. Under the transportation conformity rule, at 40 CFR part 93,
projected emissions from transportation plans and programs must be
equal to or less than the MVEB for the area. If a transportation plan
does not ``conform,'' most projects that would expand the capacity of
roadways cannot go forward. Regulations at 40 CFR part 93 set forth EPA
policy, criteria, and procedures for demonstrating and assuring
conformity of such transportation activities to a SIP.
Until a MVEB in a SIP submittal is approved by EPA, it cannot be
used for transportation conformity purposes unless EPA makes an
affirmative finding that the MVEB contained therein are ``adequate.''
Once EPA affirmatively finds the submitted MVEB adequate for
transportation conformity purposes, those MVEB can be used by the State
and Federal agencies in determining whether proposed transportation
projects ``conform'' to the SIP even though EPA approval of the SIP
revision containing those MVEB has not yet been finalized. EPA's
substantive criteria for determining ``adequacy'' of MVEB in submitted
SIPs are set out in 40 CFR 93.118(e)(4).
EPA's process for determining ``adequacy'' of MVEB in submitted
SIPs consists of three basic steps: public notification of a SIP
submission, a public comment period, and EPA's adequacy finding. This
process for determining the adequacy of submitted SIP MVEB is set out
in EPA's May 1999 guidance, ``Conformity Guidance on Implementation of
March 2, 1999, Conformity Court Decision.'' This guidance is formalized
in EPA's July 1, 2004, final rulemaking entitled ``Transportation
Conformity Rule Amendments for the New 8-hour Ozone and PM2.5 National
Ambient Air Quality Standards and Miscellaneous Revisions for Existing
areas; Transportation Conformity Rule Amendments: Response to Court
Decision and Additional Rule Changes (68 FR 38974). EPA follows this
process in making its adequacy determinations.
The Atlanta area maintenance plan submission contains new proposed
VOC and NOX MVEB for the year 2015. The availability of the
SIP submission with these 2015 MVEB was announced for public comment on
EPA's adequacy Web page on January 24, 2005, at: http://www.epa.gov/otaq/transp/conform/currsips.htm. The EPA public comment period on
adequacy of the 2015 MVEB for the Atlanta Area closed on February 24,
2005, and no adverse comments were received. Following an evaluation of
whether the adequacy criteria have been met, EPA will make its adequacy
determination. EPA intends to make its determination of the adequacy of
the 2015 MVEB for the Atlanta Area for transportation conformity
purposes in the final rulemaking on the Atlanta area's 10-year 1-hour
ozone maintenance plan submittal (the subject of this proposed
rulemaking).
If EPA announces its adequacy finding for the 2015 MVEB, the 2015
MVEB would be effective on the date of publication of EPA's final
rulemaking in the Federal Register. If EPA announces its adequacy
determination for the 2015 MVEB before final action on this rulemaking,
the adequate 2015 MVEB will be available for use for transportation
conformity purposes on the effective date of the Federal Register
notice which makes such an adequacy determination. For transportation
plan analysis years that involve the year 2014 or before, the
applicable budget for the purposes of conducting transportation
conformity analyses will be the 2004 VOC (160.80 tpd) and
NOX (318.24 tpd) MVEB for this maintenance area. For
transportation plan analysis years that involve the year 2015 or
beyond, the applicable budget for the purposes of conducting
transportation conformity analyses will be the 2015 VOC (83.42 tpd) and
NOX (121.88 tpd) MVEB for this maintenance area.
VIII. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this proposed action is also not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001). This proposed action merely proposes to approve
state law as meeting Federal requirements and imposes no additional
requirements beyond those imposed by state law. Accordingly, the
Administrator certifies that this proposed rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule proposes to approve pre-existing requirements under state law
and does not impose any additional enforceable duty beyond that
required by state law, it 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).
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This action also does not
have Federalism implications because it does not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely proposes to approve a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the
[[Page 20508]]
absence of a prior existing requirement for the State to use voluntary
consensus standards (VCS), EPA has no authority to disapprove a SIP
submission for failure to use VCS. It would thus be inconsistent with
applicable law for EPA, when it reviews a SIP submission, to use VCS in
place of a SIP submission that otherwise satisfies the provisions of
the Clean Air Act. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. This proposed rule does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 12, 2005.
J.I. Palmer Jr.,
Regional Administrator, Region 4.
[FR Doc. 05-7936 Filed 4-19-05; 8:45 am]
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