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, 20495-20508 [05-7936]
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Federal Register / Vol. 70, No. 75 / Wednesday, April 20, 2005 / Proposed Rules
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD, which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that there are no factors in this case that
would limit the use of a categorical
exclusion under section 2.B.2 of the
Instruction. Therefore, we believe that
this rule should be categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction, from further
environmental documentation. A
preliminary ‘‘Environmental Analysis
Check List’’ is available in the docket
where indicated under ADDRESSES.
Comments on this section will be
considered before we make the final
decision on whether the rule should be
categorically excluded from further
environmental review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. From 8 a.m., May 25, 2005, to 8
p.m. June 1, 2005, add temporary
§ 165.T01–053 to read as follows:
§ 165.T01–053 Security Zones; New York
Marine Inspection Zone and Captain of the
Port Zone.
(a) Location. The following waters
within the New York Marine Inspection
Zone and Captain of the Port Zone are
security zones:
(1) Stapleton Homeport Pier, Upper
New York Bay, Staten Island, NY. All
waters of Upper New York Bay within
approximately 400 yards of the
Stapleton Homeport Pier bound by the
following approximate positions:
40°38′00.6″ N, 074°04′22.3″ W, thence to
40°37′51.1″ N, 074°03′46.5″ W, thence to
40°37′27.5″ N, 074°03′54.5″ W, thence to
40°37′33.7″ N, 074°04′20.8″ W, (NAD
1983) thence along the shoreline to the
point of origin.
(2) New York City Passenger Ship
Terminal and Intrepid Museum, Hudson
River, Manhattan, NY. All waters of the
Hudson River within approximately 400
yards of Piers 86, 88, 90, and 92 bound
by the following points: from the
northeast corner of Pier 81 where it
intersects the seawall, thence to
approximate position 40°45′51.3″ N,
074°00′30.2″ W, thence to 40°46′27.7″ N,
074°00′04.9″ W, thence to the southeast
corner of Pier 97 where it intersects the
seawall.
(3) 2005 Fleet Week Parade of Ships
and Navigational Periods, Port of New
York/New Jersey. All waters of the Port
of New York/New Jersey within a 500yard radius of each vessel participating
in 2005 Fleet Week events while
underway between Ambrose Light
(LLNR 720) and the George Washington
Bridge (river mile 11.0) on the Hudson
River.
(b) Enforcement period. This section
will be enforced from 8 a.m. on
Wednesday, May 25, 2005, until 8 p.m.
on Wednesday, June 1, 2005.
(c) Regulations. (1) The general
regulations contained in 33 CFR 165.33
apply.
(2) No vessel or person is allowed
within 500 yards of a vessel protected
by the security zone described in
Paragraph (a)(3), unless authorized by
the Captain of the Port or the designated
on-scene-patrol personnel.
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(3) All persons and vessels must
comply with the instructions of the
Coast Guard Captain of the Port or the
designated on-scene-patrol personnel.
These personnel comprise
commissioned, warrant, and petty
officers of the Coast Guard, as well as all
uniformed Federal, State, and local law
enforcement personnel assisting with
event patrol. Upon being hailed by a
U.S. Coast Guard or other Federal, State,
or local law enforcement vessel by siren,
radio, flashing light, or other means, the
operator of a vessel must proceed as
directed.
Dated: April 5, 2005.
Glenn A. Wiltshire,
Captain, U.S. Coast Guard, Captain of the
Port, New York.
[FR Doc. 05–7902 Filed 4–19–05; 8:45 am]
BILLING CODE 4910–15–P
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
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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-
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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, qualityassured 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:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. Agency Website: https://
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 online instructions for submitting
comments.
3. E-mail: martin.scott@epa.gov.
4. Fax: 404–562–9019.
5. Mail: ‘‘RO4–OAR–2005–GA–0002;
RO4–OAR–2005–GA–0003’’, Regulatory
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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 https://
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 https://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.
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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 martin.scott@epa.gov.
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
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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 1hour 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)
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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 1hour 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 1hour 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
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20497
maintenance plan for the Atlanta 1-hour
ozone nonattainment area and a request
for redesignation to attainment for the 1hour 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;
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• ‘‘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 1hour 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
Exceedances
Expected number
of exceedances
Site name
2002
Confederate Ave ..................................................................
Conyers ................................................................................
Douglasville ..........................................................................
Fayetteville ...........................................................................
Gwinnett Tech ......................................................................
Kennesaw ............................................................................
McDonough ..........................................................................
Newnan ................................................................................
South DeKalb .......................................................................
Tucker ..................................................................................
Yorkville ................................................................................
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.
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2003
1
2
1
1
0
1
2
0
2
1
2
2004
1
0
0
0
1
0
0
0
0
1
0
2002
1
0
0
0
0
0
0
0
1
1
0
(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
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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
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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
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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 caseby-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
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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
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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
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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
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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) (PittsburghBeaver Valley, Pennsylvania, October
19, 2001); (65 FR 37879) (CincinnatiHamilton, Ohio and Kentucky, June 19,
2000); (61 FR 20458) (Cleveland-AkronLorain, 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:
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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 Post1999 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
Requiring Stage I Vapor Recovery at Gasoline Dispensing Facilities in 13 counties
(391–3–1–.02(2)(rr)).
Expanding VOC and NOX RACT requirements to 6 additional counties (391–3–1–
.02(2)(tt) and (yy)).
Requiring Stage II Vapor Recovery at Gasoline Dispensing Facilities in 13 counties
(391–3–1–.02(2)(zz)).
Lowering Automobile Windshield Washer Fluid VOC Content in 13 counties (391–3–
1–.02(2)(aaa)).
Lowering Reid Vapor Pressure (RVP) of gasoline sold in 45 counties (391–3–1–
.02(2)(bbb)).
Lowering Sulfur Content of gasoline sold in 45 counties (391–3–1–.02(2)(bbb)) .........
Limiting NOX Emissions from 5 Georgia Power Plants (Bowen, Hammond,
McDonough, Wansley, and Yates) to 0.13 lb/MMBtu (391–3–1–.02(2)(jjj)).
Limiting NOX Emissions from 7 Georgia Power Plants (Bowen, Hammond,
McDonough, Wansley, Yates, Branch and Scherer) to 0.20 lb/MMBtu (391–3–1–
.02(2)(jjj)).
Regulating NOX Emissions from Fuel-Burning Equipment in 45 counties (391–3–1–
.02(2)(lll)).
Prior to November 15, 1994 .....................
Yes.
Prior to May 1, 2003 .................................
Yes.
Prior to November 15, 1995 .....................
Yes.
Prior to January 1, 1996 ...........................
Yes.
Prior to June 1, 1999 ................................
Yes.
Prior to September 16, 2003 ....................
Prior to May 1, 2003 .................................
Yes.
Yes.
Prior to May 1, 2003 .................................
Yes.
Prior to May 1, 2000 .................................
Yes.
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TABLE 2.—STATE CONTROL STRATEGY—Continued
State control strategy
Compliance date
Regulating NOX Emissions from Stationary Gas Turbines and Stationary Engines
used to Generate Electricity in 45 counties (391–3–1–.02(2)(mmm)).
Regulating NOX Emissions from Large Stationary Gas Turbines in 45 counties (391–
3–1–.02(2)(nnn)).
Implementing a ban on Open Burning activities during the ozone season in 45 counties (391–3–1–.02(5)).
Implementation of stricter PSD permitting requirements including lower applicability
thresholds and emission offset requirements in 6 additional counties (391–3–1–
.03(8)).
Improving rule effectiveness 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 inspection and maintenance program for vehicles in 13
counties (391–3–1–20).
Limiting emissions from specific industrial sources through air quality permits (e.g.,
Blue Circle Cement (Lafarge), Transcontinental Gas Pipeline, Austell Box Board).
Prior to May 1, 2003 .................................
Yes.
Prior to May 1, 2003 .................................
Yes.
Prior to May 1, 2001 .................................
Yes.
June 6, 1999 .............................................
Yes.
June 1996 .................................................
Yes.
October 1, 1996 ........................................
Yes.
May 1, 2003 ..............................................
Yes.
In addition to the State adopted rules
the following Federal control measures
Implemented
are also implemented in the Atlanta
area:
TABLE 3.—FEDERAL CONTROL STRATEGY
Federal control measures
Compliance date
National Architectural Coatings Rule .............................................................................
National Autobody Refinishing Rule ..............................................................................
National Consumer Products Rule .................................................................................
Federal Motor Vehicle Control Program, including National Tier 0, 1, and 2 Tailpipe
Standards.
Federal Heavy-Duty Highway Engine Standards (both sets: 2004-and-later, 2007and-later).
National Standards for New Nonroad Spark-Ignition Engines At or Below 19 kW .......
Small Non-Road Gasoline Engines ...............................................................................
Large Non-Road Gasoline Engines ...............................................................................
Federal Consumer and Commercial Products Requirements .......................................
Federal Non-Road Diesel Engine Phases 2 and 3 Requirements ................................
Federal Marine Engine Requirements ...........................................................................
August 14, 1998 ........................................
August 14, 1998 ........................................
September 11, 1998 .................................
February 10, 2000 .....................................
Yes.
Yes.
Yes.
Yes.
October 6, 2000 ........................................
Yes.
April 25, 2000 ............................................
April 25, 2000 ............................................
November 8, 2002 ....................................
August 14, 1998 ........................................
May 11, 2004 ............................................
October 4, 1996; November 8, 2002; February 28, 2003.
December 17, 1997 ..................................
Yes.
Yes.
Yes.
Yes.
Yes.
Yes.
Federal Locomotive Requirements ................................................................................
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,
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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
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Implemented
Yes.
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
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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 1hour 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 EPAapproved 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 ..........................................................................................................................................
Area ..........................................................................................................................................
Mobile .......................................................................................................................................
Nonroad ....................................................................................................................................
55.58
28.57
365.55
114.35
54.99
29.52
284.72
116.24
58.43
31.75
191.65
107.72
63.79
33.81
110.80
98.15
Total ...................................................................................................................................
564.05
485.48
389.55
306.55
78.57
174.50
257.50
Maintenance Plan Decrease from 2002, (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
Total for the Atlanta area:
Point ..........................................................................................................................................
Area ..........................................................................................................................................
Mobile .......................................................................................................................................
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2005
2010
2015
15.71
294.20
184.84
17.11
314.68
141.91
19.69
357.11
112.34
22.12
398.41
75.84
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TABLE 5.—ATLANTA 1-HOUR OZONE ATTAINMENT AREA MAINTENANCE PLAN VOC EMISSIONS—Continued
[Tons per summer day]
Source category
2002
2005
2010
2015
Nonroad ....................................................................................................................................
83.44
64.28
48.96
47.02
Total ...................................................................................................................................
578.19
537.98
538.10
543.40
40.21
40.09
34.79
Maintenance Plan Decrease from 2002
(VOC Safety Margin*)
*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
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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
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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
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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 threeyear 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
20505
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 ..............................................................................................................................................
Identify applicable control measures ...................................................................................................................................................
Initiate a stakeholder process ..............................................................................................................................................................
Draft SIP regulations ...........................................................................................................................................................................
Initiate rulemaking process (including public comment period, hearing, Board adoption and final submission to EPA). This process may be initiated simultaneous with drafting of regulations .......................................................................................................
Completion no later than .....................................................................................................................................................................
TABLE 7.—LIST OF POTENTIAL CONTINGENCY MEASURES
Point Source Measures ......................................
Mobile Source Measures ....................................
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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.
California Engine Standards.
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3
3
3
3
6
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TABLE 7.—LIST OF POTENTIAL CONTINGENCY MEASURES—Continued
Diesel retrofits.
Diesel I/M.
Truck idling reductions.
Incentives for vehicle retrofits.
Other measures to be identified.
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.
Area Source Measures .......................................
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 1hour 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 × 1.1 = 121.88) and 83.43 tons
per day for VOC (75.84 × 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 established
Where established
2004 ..................................................................................
2015 ..................................................................................
Post-1999 ROP Plan ........................................................
Atlanta One-Hour Maintenance Plan ...............................
VI. What Is EPA’s Proposed Action on
the Redesignation Request and
Maintenance Plan for the Atlanta 1Hour Ozone Nonattainment Area?
Today, EPA is proposing to approve
the redesignation of the Atlanta 1-hour
ozone nonattainment area to attainment.
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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
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NOX TPD
318.24
121.88
VOC TPD
160.80
83.42
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
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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
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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:
https://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.
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
20507
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
E:\FR\FM\20APP1.SGM
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20508
Federal Register / Vol. 70, No. 75 / Wednesday, April 20, 2005 / Proposed Rules
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]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 25
[IB Docket No. 05–02; FCC 05–14]
Service Rules and Procedures To
Govern the Use of Aeronautical Mobile
Satellite Service Earth Stations in
Frequency Bands Allocated to the
Fixed Satellite Service
Federal Communications
Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Federal Communications
Commission (FCC) proposes and seeks
comment on a regulatory framework for
licensing the operation of Aeronautical
Mobile Satellite Service (AMSS)
systems to communicate with fixedsatellite service (FSS) networks in the
Ku-Band frequencies. Aircraft Earth
stations (AES) in the AMSS can be used
to provide broadband
telecommunications services on
passenger, government, and executive/
private aircraft. This Notice of Proposed
Rulemaking (NPRM) also seeks
comments on licensing methods for AES
terminals that will minimize the
burdens upon applicants and licensees,
while maintaining operational
VerDate jul<14>2003
14:52 Apr 19, 2005
Jkt 205001
limitations necessary to avoid harmful
interference.
DATES: Comments are due on or before
July 5, 2005, and reply comments are
due on or before August 3, 2005.
ADDRESSES: All comments should be
addressed to the Office of the Secretary,
Federal Communications Commission,
445 Twelfth Street, SW., Washington,
DC 20554. In addition to filing
comments with the Secretary, a copy of
any Paperwork Reduction Act (PRA)
comments on the information
collection(s) proposed herein should be
submitted to Judith B. Herman, Federal
Communications Commission, Room 1–
C804, 445 12th Street, SW., Washington,
DC 20554, or via the Internet to JudithB.Herman@fcc.gov, and to Kristy L.
LaLonde, OMB Desk Officer, Room
10234 NEOB, 725 17th Street, NW.,
Washington, DC 20503 via the Internet
to Kristy_L._LaLonde@omb.eop.gov or
by fax to 202–395–5167. Electronic
comments may be filed using the
Commission’s Electronic Comment
Filing System (ECFS). Comments filed
though the ECFS can be sent as an
electronic file via Internet to https://
www.fcc.gov/cgb/ecfs/. All other filings
must be sent to the Office of the
Secretary, Federal Communications
Commission, 445 12th St., SW., Room
TW–B204, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Arthur Lechtman, (202) 418–1465,
Satellite Division, International Bureau,
Federal Communications Commission,
Washington, DC 20554. For additional
information concerning the information
collection(s) contained in this
document, contact Judith B. Herman at
202–418–0214, or via the Internet at
Judith-B.Herman@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Notice of
Proposed Rulemaking (NPRM) IB
Docket No. 05–20, FCC 05–14, adopted
January 18, 2005, released on February
9, 2005, and corrected by erratum on
February 18, 2005. The full text of the
Second Report and Order is available
for public inspection and copying
during regular business hours at the
FCC Reference Information Center,
Portals II, 445 12th Street, SW., Room
CY–A257, Washington, DC 20554. This
document may also be purchased from
the Commission’s duplicating
contractor, Best Copy and Printing, Inc.,
Portals II, 445 12th Street, SW., Room
CY–B402, Washington, DC 20554,
telephone 202–488–5300, facsimile
202–488–5563, or via e-mail
FCC@BCPIWEB.com. This NPRM may
contain proposed new information
collections subject to the Paperwork
Reduction Act of 1995 (PRA), Public
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
Law 104–13. The PRA implications of
the Aeronautical Mobile Satellite
Service (AMSS) NPRM are unknown at
this time. We are seeking comment from
the public on the regulatory framework
for AMSS. The comments from the
public will impact the PRA
requirements of the new AMSS service.
Therefore, we plan to address the PRA
issues during the final stage of the
rulemaking.
The Commission, as part of its
continuing effort to reduce paperwork
burdens, invites the general public and
the Office of Management and Budget
(OMB) to comment on the information
collection requirements contained in
this document, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13. Public and agency
comments are due June 20, 2005.
Comments should address: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Commission,
including whether the information shall
have practical utility; (b) the accuracy of
the Commission’s burden estimates; (c)
ways to enhance the quality, utility, and
clarity of the information collected; and
(d) ways to minimize the burden of the
collection of information on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
In addition, pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4), we seek specific comment on
how we might ‘‘further reduce the
information collection burden for small
business concerns with fewer than 25
employees.’’
Summary of Notice of Proposed
Rulemaking
1. On February 9, 2005, the
Commission released the Notice of
Proposed Rulemaking (‘‘NPRM’’) in the
Aeronautical Mobile Satellite Service
proceeding (IB Docket No. 05–20). In
this NPRM, the Commission makes
proposals and seeks comment on a
regulatory framework for licensing the
operation of Aeronautical Mobile
Satellite Service (AMSS) systems to
communicate with fixed-satellite service
(FSS) networks in the Ku-Band
frequencies. (For purposes of this
NPRM, the ‘‘conventional’’ Ku-band
refers to frequencies in the 11.7–12.2
GHz (downlink) and 14.0–14.5 GHz
(uplink) bands and excludes the socalled ‘‘extended Ku-band’’ at 12.75–
13.25 GHz, 13.75–14.0 GHz, 10.7–10.95
GHz, 10.95–11.2 GHz, 11.2–11.45 GHz,
and 11.45–11.7 GHz. The
‘‘conventional’’ Ku-bands are allocated
on a primary basis to the FSS. See
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]]>Agencies
[Federal Register Volume 70, Number 75 (Wednesday, April 20, 2005)]
[Proposed Rules]
[Pages 20495-20508]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7936]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Agency Website: https://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: martin.scott@epa.gov.
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 https://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 https://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 martin.scott@epa.gov.
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
----------------------------------------------------------------------------------------------------------------
Exceedances Expected number of exceedances
Site name ------------------------------------------------------------------ 3-year
2002 2003 2004 2002 2003 2004 average
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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
