Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Georgia, Redesignation of Atlanta Severe 1-Hour Ozone Nonattainment Area to Attainment for Ozone; Maintenance Plan; Motor Vehicle Emission Budgets; Revisions to Rules for Air Quality, 34660-34665 [05-11829]

Download as PDF 34660 Federal Register / Vol. 70, No. 114 / Wednesday, June 15, 2005 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [RO4–OAR–2005–GA–0002; RO4–OAR– 2005–GA–0003; R04–OAR–2004–GA–0003– 200517; FRL–7924–7] Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Georgia, Redesignation of Atlanta Severe 1-Hour Ozone Nonattainment Area to Attainment for Ozone; Maintenance Plan; Motor Vehicle Emission Budgets; Revisions to Rules for Air Quality Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: EPA is granting final approval of the 1-hour ozone redesignation request and the 10-year maintenance plan State Implementation Plan (SIP) revision, including the new 2015 Motor Vehicle Emission Budgets (MVEB) for the Atlanta severe 1-hour ozone National Ambient Air Quality Standard (NAAQS) nonattainment area, which were submitted by the Georgia Environmental Protection Division (EPD) on February 1, 2005. The current Atlanta severe 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). EPA’s approval of the 1-hour ozone redesignation request is based on our determination that the Atlanta area has met the criteria for redesignation to attainment specified in the Clean Air Act (CAA or Act), including a demonstration that the Atlanta area has attained the 1-hour ozone NAAQS. EPA is granting final approval of the 10-year maintenance plan SIP revision, including the new 2015 MVEB, because EPA has determined that the plan complies with the requirements of section 175A of the Act. For transportation purposes, EPA is also finalizing its adequacy determination for the new 2015 MVEB. EPA has determined that the MVEB for the year 2015 are adequate for transportation conformity purposes. DATES: Effective Date: This rule is effective June 14, 2005. ADDRESSES: EPA has established a docket for this action under Regional Material in EDocket (RME) ID No. RO4– OAR–2005–GA–0002; RO4–OAR–2005– GA–0003; R04–OAR–2004–GA–0003. All documents in the docket are listed in the RME index at https:// VerDate jul<14>2003 16:54 Jun 14, 2005 Jkt 205001 docket.epa.gov/rmepub/. Once in the system, select ‘‘quick search,’’ then key in the appropriate RME Docket identification number. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available 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 person 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, Region 4, U.S. Environmental Protection Agency, 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. the 1-hour ozone NAAQS based on ambient air ozone season monitoring data for the 3-year period including the years 2002, 2003, and 2004. On April 20, 2005, (70 FR 20495), EPA published a proposed rule proposing to take four actions on these requests: to find that the Atlanta area has attained the 1-hour ozone NAAQS; to find that certain attainment demonstration and RFP requirements, along with other related requirements of part D of title I of the CAA, are not applicable to the Atlanta area for so long as it continues to attain the 1-hour ozone NAAQS; to approve the 10-year maintenance plan, including the 2015 MVEB; and to approve the 1hour ozone redesignation request for the Atlanta area. In a separate action, effective June 14, 2005, EPA granted final approval on two of the four actions proposed for approval on April 20, 2005, (70 FR 20495). In that separate action, EPA determined that the Atlanta severe 1hour ozone nonattainment area has attained the 1-hour ozone NAAQS, and that certain CAA requirements are no longer applicable, so long as the Atlanta area continues to maintain the 1-hour ozone NAAQS. In addition, in another separate action taken on May 9, 2005, (70 FR 24310), EPA published a direct final rule approving revisions to Georgia’s Rules for Air Quality to satisfy the additional requirements for severe 1-hour ozone nonattainment areas. The comment period for the May 9, 2005, action ended on June 8, 2005, and EPA received no adverse comment. Table of Contents I. What is the background for this action? II. What actions are we taking? III. When are these actions effective? IV. What comments did we receive and what are our responses? V. Statutory and Executive Order Reviews II. What Actions Are We Taking? I. What Is the Background for This Action? On February 1, 2005, EPD submitted a request to redesignate the severe 1hour ozone nonattainment area of Atlanta, Georgia, to attainment, and a request for EPA approval of a Georgia SIP revision containing a 10-year maintenance plan for the Atlanta area, including new MVEB for the year 2015. In addition, Georgia requested that EPA make a determination that certain SIP submittal requirements related to attainment demonstrations and reasonable further progress (RFP) are not applicable requirements for the purposes of this redesignation request because the Atlanta area has attained PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 EPA is granting final approval of the remaining two actions proposed for approval on April 20, 2005, (70 FR 20495). Specifically, EPA is approving Georgia’s request for redesignation and thereby approving a change in the legal designation of the Atlanta area from nonattainment to attainment for the 1hour ozone NAAQS. EPA is also approving Georgia’s 10-year maintenance plan SIP revision for the Atlanta area because the plan complies with the requirements of section 175A of the Act. The maintenance plan is designed to keep the Atlanta area in attainment for the 1-hour ozone standard for the next 10 years. Finally, for transportation purposes, EPA is finalizing its adequacy determination for the new 2015 MVEB. EPA has determined that the MVEB for the year 2015 are adequate for transportation conformity purposes. E:\FR\FM\15JNR1.SGM 15JNR1 Federal Register / Vol. 70, No. 114 / Wednesday, June 15, 2005 / Rules and Regulations A. Redesignation and 10-Year Maintenance Plan Section 107(d)(3)(D) of the Act allows a Governor to initiate the redesignation process for an area to apply for attainment status. On February 1, 2005, Georgia requested redesignation of the Atlanta area’s severe 1-hour ozone nonattainment status to attainment status and requested EPA approval of the 10-year maintenance plan for the Atlanta area. Today, EPA is approving the 1-hour ozone redesignation request and the 10-year maintenance plan SIP revision. EPA’s approval of the 1-hour ozone redesignation request is based on our determination that the Atlanta area has met the five criteria for redesignation to attainment specified in the CAA, including a demonstration that the area has attained the 1-hour ozone NAAQS. The 1990 CAA Amendments revised section 107(d)(3)(E) to provide five specific criteria that an area must meet in order to be redesignated from nonattainment to attainment. These five criteria are: (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, 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 Act; and (5) the area has met all applicable requirements under section 110 and part D of the CAA. EPA’s analysis of the five criteria as applied to the Atlanta area is discussed in detail in the April 20, 2005, (70 FR 20495), proposed rule. With regard to criteria 1, EPA has already determined, in a separate action effective June 14, 2005, that the Atlanta severe 1-hour ozone nonattainment area has attained the 1-hour ozone NAAQS. With regard to criteria 2 and 5, EPA has determined that the Atlanta area has a fully approved SIP under section 110(k) of the CAA, and that the area has met all applicable requirements under section 110 and part D of the Act. Specifically, 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 Georgia SIP contains enforceable emission limitations; requires monitoring, compiling, and analyzing ambient air quality data; requires preconstruction review of new major VerDate jul<14>2003 16:54 Jun 14, 2005 Jkt 205001 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. In addition, EPA has determined that the Atlanta area has met all applicable requirements under section 110 and part D of the CAA. At the time of the proposed rule on April 20, 2005, (70 FR 20495), EPA proposed to find that the Atlanta area had met most of the applicable requirements under section 110 and part D of the Act. However, in the proposed rule, we stated that EPA had not yet approved certain rule revisions pertaining to section 182(a)(2)(A) and section 182(d) of the Act, and that we would take action on these rule revisions separately and prior to any final rule on the redesignation request. On May 9, 2005, (70 FR 24310), EPA published a direct final rule approving revisions to Georgia’s Rules for Air Quality to satisfy the additional requirements for severe 1-hour ozone nonattainment areas required by section 182(d) of the Act. The comment period for this direct final rule ended on June 8, 2005, and EPA received no adverse comment. These revisions satisfy the additional requirements for severe 1hour ozone nonattainment areas. Also, on April 12, 2005, (70 FR 19031), EPA proposed approval of Georgia’s Severe Area Vehicle Miles Traveled SIP submittal which was for the purpose of offsetting any growth in emissions from growth in vehicle miles traveled (VMT) as required by the Act. In a separate action, effective June 14, 2005, EPA granted final approval to this submittal. In our April 20, 2005, (70 FR 20495), proposed rule, EPA also indicated that we had not yet approved Georgia’s reasonably available control technology (RACT) rule corrections, which are required by section 182(a)(2)(A) of the Act. This was an error. EPA approved Georgia’s RACT rule corrections on October 13, 1992, (57 FR 46780), effective December 14, 1992. Finally, EPA determined, in a separate action effective June 14, 2005, that certain attainment demonstration requirements (section 172(c)(1) of the CAA), along with certain other related requirements of part D of title I of the CAA, including the section 172(c)(9) contingency measure requirement (measures needed to mitigate a state’s failure to achieve RFP toward, and attainment of, a NAAQS), the section 182 attainment demonstration and rate of progress (ROP) requirements, and the section 182(j) multi-state attainment demonstration requirement, are not PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 34661 applicable to the Atlanta area. Therefore, with regard to redesignation criteria 2 and 5, EPA finds that the Atlanta area has a fully approved SIP under section 110(k) of the CAA, and that the area has met all applicable requirements under section 110 and part D of the Act. EPA also finds that redesignation criteria 3 and 4 have been met for the Atlanta area. For the reasons discussed in the April 20, 2005, (70 FR 20495), proposed rule, EPA has determined that the air quality improvement in the Atlanta area is due to permanent and enforceable reductions in emissions resulting from implementation of the SIP, applicable federal air pollution control regulations, and other permanent and enforceable reductions. In addition, our April 20, 2005, (70 FR 20495), proposed rule provides a detailed discussion of EPA’s reasons for its proposed approval of the Atlanta area’s 10-year maintenance plan. EPA notes that in the proposed rule, we announced our preliminary conclusion that the Atlanta area’s maintenance of the 1-hour ozone standard is indicated under either future fuel scenario (use of reformulated gasoline (RFG) or use of only the Georgia gasoline currently in place). We also announced our intention to confirm this preliminary conclusion prior to taking final action on the redesignation request and approval of the 10-year maintenance plan. As fully discussed in the Response to Comments section of this final rule, EPA has confirmed our preliminary conclusion that the Atlanta area will maintain the 1-hour ozone standard throughout the 10-year maintenance plan period by using only Georgia gasoline or by using RFG that meets the low-sulfur requirements in Georgia’s SIP. For the reasons stated in our proposed rule on the 10-year maintenance plan and based on our confirmation concerning future fuel scenarios for the Atlanta area, EPA is finalizing its approval of Georgia’s 10year maintenance plan SIP submittal for the Atlanta area. EPA’s approval of Georgia’s 10-year maintenance plan SIP submittal for the Atlanta area, includes our approval of the new 2015 MVEB contained within the maintenance plan. The 2015 MVEB for nitrogen oxide (NOX) in the Atlanta area is 121.88 tons per ozone season weekday (tpd). The 2015 MVEB for volatile organic compounds (VOC) in the Atlanta area is 83.42 tpd. B. What Are the Effects of Redesignation Approval of the Atlanta area redesignation request changes the official designation for the 1-hour ozone NAAQS found at 40 CFR part 81 for the E:\FR\FM\15JNR1.SGM 15JNR1 34662 Federal Register / Vol. 70, No. 114 / Wednesday, June 15, 2005 / Rules and Regulations State of Georgia, Atlanta Area, from nonattainment to attainment. It also incorporates into the Georgia SIP a plan for maintaining the 1-hour ozone NAAQS through 2015. The plan includes contingency measures to remedy any future violations of the 1hour ozone NAAQS, and includes VOC and NOX MVEB for 2015 for the Atlanta area. C. Adequacy of the 2015 Motor Vehicle Emission Budgets Through this rule, EPA is providing notice that it has determined that the 2015 MVEB for VOC and NOX, as contained in the 10-year maintenance plan, meet the substantive criteria for ‘‘adequacy,’’ as set out in 40 CFR 93.118(e)(4), and are adequate for purposes of transportation conformity. The availability of the 10-year maintenance plan SIP submission containing 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. For transportation plan analysis years that involve the year 2014 or before, the applicable MVEB for the purposes of conducting transportation conformity analyses will be the 2004 MVEB for VOC (160.80 tpd) and for NOX (318.24 tpd). For transportation plan analysis years that involve the year 2015 or beyond, the applicable MVEB for the purposes of conducting transportation conformity analyses will be the 2015 MVEB for VOC (83.42 tpd) and for NOX (121.88 tpd). III. When Are These Actions Effective? EPA finds that there is good cause for these determinations (approval of redesignation and 10-year maintenance plan, including the 2015 MVEB) to become effective June 14, 2005, because a delayed effective date is unnecessary due to the nature of the determinations, which relieve the Atlanta area from certain CAA requirements that would otherwise apply to it. The expedited effective date for these actions is authorized under both 5 U.S.C. 553(d)(1), which provides that rule actions may become effective less than 30 days after publication if the rule ‘‘grants or recognizes an exemption or relieves a restriction’’ and section 5 U.S.C. 553(d)(3), which allows an effective date less than 30 days after publication ‘‘as otherwise provided by the agency for good cause found and published with the rule.’’ VerDate jul<14>2003 16:54 Jun 14, 2005 Jkt 205001 A redesignation to attainment relieves the Atlanta area from certain CAA requirements that otherwise would apply to it. The relief from these obligations is sufficient reason to allow an expedited effective date of this rule under 5 U.S.C. 553(d)(1). In addition, Georgia’s relief from these obligations provides good cause to make this rule effective June 14, 2005, pursuant to 5 U.S.C. 553(d)(3). The purpose of the 30day waiting period prescribed in 5 U.S.C. 553(d) is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. Where, as here, the final rule relieves obligations rather than imposes obligations, affected parties, such as the State of Georgia, do not need time to adjust and prepare before the rule takes effect. IV. What Comments Did We Receive and What Are Our Responses? Proposed Redesignation of the Atlanta Severe 1-Hour Nonattainment Area To Attainment for Ozone EPA received one comment letter from the Renewable Fuels Association (RFA). Comment: The RFA commented that EPA should not approve the proposed maintenance plan because: ‘‘Georgia’s submission seeking to demonstrate that attainment of the 1-hour ozone standard will continue to be maintained * * * relies on emissions data based on use of RFG [reformulated gas], while at the same time Georgia is trying to avoid use of RFG in Atlanta. * * * Georgia did not model the emissions for 2005 to 2015 based on use of Georgia Gas. Therefore, EPA has no basis to support a finding that Georgia Gas is sufficient to establish maintenance as required under the Act. EPA cannot approve a redesignation request which is based on use of Georgia Gas without a maintenance demonstration using Georgia Gas only. EPA must confirm such modeling and make it available for public comment prior to approving any redesignation. Until this demonstration is made, Georgia’s application does not satisfy the criteria for redesignation established in section 107(d)(3)(E) and EPA cannot redesignate Atlanta to attainment for the 1-hour ozone standard.’’ The commenter included two attachments to its comment: EPA’s September 30, 2004, letter to Carol Couch, Director of Georgia EPD denying Georgia’s request to waive the RFG requirement for Atlanta with EPA’s ‘‘Analysis of and Action on Georgia’s Request for a Waiver of the Reformulated Gasoline Program’’ (EPA420–S–04–006, October 2004); and PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 ‘‘Comments on Georgia’s Petition for an RFG Waiver in Atlanta: Technical Analysis’’ by Gary Z. Whitten, Ph.D., dated August 24, 2004. Response: In EPA’s proposed rule for this action on April 20, 2005 (70 FR 20495), EPA announced its preliminary conclusion that maintenance is indicated under either future fuel scenario (i.e., using RFG or Georgia gasoline currently in place) for the Atlanta area for the 1-hour ozone NAAQS. Since the use of low-sulfur Georgia gasoline is a SIP requirement, Georgia correctly concluded that RFG sold in the Atlanta area would have to meet the low-sulfur requirement from the Georgia SIP as well as RFG requirements. EPA’s preliminary conclusion that the Atlanta area would maintain the 1-hour ozone NAAQS by using Georgia gasoline or RFG that met the low-sulfur requirement for Georgia gasoline in the SIP was based on EPA’s ‘‘Analysis of and Action on Georgia’s Request for a Waiver of the Reformulated Gasoline Program’’ (EPA420–S–04–006, October 2004) that EPA conducted in its review of Georgia’s petition request to be relieved of the RFG requirement and which the commenter attached to its comment.1 EPA’s analysis in the proposal was based on Georgia’s modeling using RFG, its predictions of a declining mobile source emissions inventory post 2002, along with the modeling prepared by EPA comparing emissions between RFG and Georgia gasoline in 2005. The preliminary conclusion from the analysis in the proposed rule focused on predicting the emissions that would be expected over time with Georgia gasoline only. In the April 20, 2005, proposed rule, EPA announced our intention to confirm this preliminary conclusion prior to taking final action on the redesignation request and approval of the maintenance plan. After publication of the proposed rule, EPD ran a full MOBILE model run using only Georgia gasoline. This post-proposal analysis addresses the same issue that EPA addressed in the proposed rule, using a more direct modeling of the emissions at issue, and confirms EPA’s preliminary conclusion in the proposed rule that the area will maintain the 1hour ozone NAAQS with Georgia gasoline only throughout the initial 1 This analysis was not included in the docket before the proposed rule was published; however the analysis was discussed in the proposal notice and was attached to the only comment received. Since it was publicly available, and was distributed to the commenter before the rule, EPA believes that the omission of this analysis from the docket at the time of the proposed rule is not significant. It is part of the docket for the final rule. E:\FR\FM\15JNR1.SGM 15JNR1 Federal Register / Vol. 70, No. 114 / Wednesday, June 15, 2005 / Rules and Regulations maintenance period, as required by section 107(d)(3)(E) of the Act. Since these data confirm EPA’s preliminary analysis, EPA does not believe taking additional comment on this point is necessary. The commenter also attached a memorandum from Gary Z. Whitten, ‘‘Comments on Georgia’s Petition for an RFG Waiver in Atlanta: Technical Analysis’’ that was written to refute the State’s assertion in its waiver request that utilization of federal RFG will adversely affect air quality in the Atlanta area. The commenter relies on Dr. Whitten’s memo to support their argument that Georgia needs to model Georgia gasoline as part of a maintenance demonstration. As noted above, that modeling has been done by Georgia EPD. To the extent the commenter relies on Dr. Whitten’s memo to indicate possible concerns with the modeling of Georgia gasoline, EPA notes that Dr. Whitten’s comments basically address the inadequacy of prior modeling done by Georgia to compare RFG to Georgia gasoline, and raise concerns that Georgia underestimated various benefits of RFG in this comparison. The issue here, however, is the benefits of Georgia gasoline, and any claimed underestimation of the benefits of RFG compared to Georgia gasoline is irrelevant to determining whether Georgia would maintain the 1-hour ozone NAAQS with Georgia gasoline. In that context, EPA notes that the recent MOBILE modeling of Georgia gasoline performed by Georgia, uses sulfur, reid vapor pressure (RVP) and oxygen levels that are similar to the levels EPA determined appropriate in its analysis of Georgia only gasoline, as part of EPA’s evaluation of Georgia’s request for a waiver of the RFG program.2 Further discussion of the levels EPA used in its evaluation of Georgia only gasoline can be found in EPA’s ‘‘Analysis of Emission Impacts of Implementation of Federal Reformulated Gasoline (RFG) in the Atlanta Area,’’ which can be found in the docket for this rule. 34663 Below are tables that show the results of the full MOBILE model run using Georgia low-sulfur gasoline only, which demonstrates that the emissions levels of NOX and VOC for the period 2005– 2015 are below those for the base year (i.e., 2002), and thus indicate continued maintenance of the 1-hour standard. These tables were provided by the Georgia EPD during the public comment period on EPA’s proposal as a supplement to their maintenance plan demonstration which accounted for a gasoline during the maintenance period which met the requirements of Georgia gasoline and RFG. With the supplemental information, the State has demonstrated continued maintenance for either a RFG or Georgia gasoline scenario. It should be noted that the mobile sector NOX emissions are projected to be the same for either scenario because of the federal requirement for all gasoline to meet the low-sulfur standards that are being phased in beginning in 2004 and continuing through 2006. NOX WITH GEORGIA GASOLINE ONLY 2002 2005 2010 2015 Point ................................................................................................................................. Area ................................................................................................................................. Mobile .............................................................................................................................. Nonroad ........................................................................................................................... 55.58 28.57 365.55 114.35 54.99 29.52 284.72 113.34 58.43 31.75 191.65 105.26 63.79 33.81 110.80 95.62 Total .......................................................................................................................... 564.05 482.57 387.09 304.02 VOC WITH GEORGIA GASOLINE ONLY 2002 2005 2010 2015 Point ................................................................................................................................. Area ................................................................................................................................. Mobile .............................................................................................................................. Nonroad ........................................................................................................................... 15.71 294.20 184.84 83.44 17.11 314.68 143.80 68.84 19.69 357.11 113.61 52.13 22.12 398.41 77.29 50.19 Total .......................................................................................................................... 578.19 544.43 542.54 548.01 By taking this final action, EPA is not waiving the requirement to use RFG in the Atlanta severe 1-hour ozone NAAQS nonattainment area. The use of RFG in severe ozone nonattainment areas is required by section 211 of the Act, and the applicability of this requirement to Atlanta is currently in litigation before the 11th Circuit Court of Appeals. EPA believes that the redesignation request and approval of the 1-hour ozone maintenance plan are separate issues from the applicability of the RFG requirement for the Atlanta area, and thus the redesignation request and 10year maintenance plan SIP submittal can be approved under the CAA section 107(d)(3)(E) since the data indicate that the Atlanta area will maintain the 1hour ozone NAAQS through 2015 with either RFG or Georgia gasoline. EPA will take appropriate action in the future with respect to the applicability of RFG to the Atlanta area if necessary. Comment: The commenter also stated in a footnote that Georgia omitted data from a 12th monitor that showed increasing emissions from 2000–2002 and recorded a violation 3 in 2002. Response: Although, we do not construe this to be a comment with regard to EPA’s determination of attainment (because it was provided in the context of the 10-year maintenance plan for the Atlanta area), we provided the following clarification in our separate final attainment determination rule. ‘‘In response, EPA notes that there was a special purpose monitor (SPM) in Cherokee County, Georgia, (Waleska 2 To the extent that RVP and oxygen parameters are different, emissions are expected to offset each other and would continue to support the conclusion that emissions in 2005 and later would be lower than 2002. 3 A violation of this standard occurs when the daily maximum 1-hour average concentration measured by a continuous ambient air monitor exceeds 0.12 parts per million more than once per year, averaged over three consecutive years. VerDate jul<14>2003 16:54 Jun 14, 2005 Jkt 205001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\15JNR1.SGM 15JNR1 34664 Federal Register / Vol. 70, No. 114 / Wednesday, June 15, 2005 / Rules and Regulations site) that operated from 1999–2002.4 This monitor recorded only one exceedance of the 1-hour ozone NAAQS during this period that occurred in 2002. This one exceedance does not constitute a violation of the 1-hour ozone NAAQS. The monitor at the Waleska site was terminated by the State due to siting issues (potential interference by trees and a school’s chemistry laboratory). The Waleska site was designated a SPM, and for this type of monitor the states are not required to obtain EPA concurrence for its termination. Georgia’s request for redesignation and a determination of attainment did include data from all ozone monitors in the Atlanta area with complete data for the period of 2002–2004, showing no violations of the 1-hour ozone NAAQS. Thus, there were no recorded violations of the 1-hour ozone NAAQS omitted from Georgia’s redesignation request as implied by the commentator.’’ VII. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 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 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 action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this 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 approves 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 (Public Law 104–4). This 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 approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This 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 CAA. In this context, in the 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 CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272) do not apply. This 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.). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. By June 14, 2005, EPA will submit a report containing these rules and other required information to the U.S. Senate, the U.S. Applicable geographic or nonattainment area Name of nonregulatory SIP Provision 4 A special purpose monitor is a generic term used for all monitors other than State and Local Air Monitoring Stations (SLAMS), National Air VerDate jul<14>2003 16:54 Jun 14, 2005 Jkt 205001 Frm 00038 Fmt 4700 Sfmt 4700 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. List of Subject in 40 CFR Part 81 Environmental protection, Air pollution control, National parks, Wilderness areas. Dated: June 9, 2005. J.I. Palmer, Jr., Regional Administrator, Region 4. Part 52 and 81, chapter I, title 40, Code of Federal Regulations, is amended as follows: I PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart L—Georgia 2. Section 52.570(e) is amended by adding a new entry for ‘‘21. Atlanta 1hour ozone attainment area 2015 maintenance plan.’’ I § 52.570 Identification of plan. * * * * * (e) EPA Approved Georgia Nonregulatory Provisions. State submittal date/ effective date Monitoring Stations (NAMS), Photochemical Assessment Monitoring Stations (PAMS), and Prevention of Significant Deterioration (PSD) PO 00000 House of Representatives, and the Comptroller General of the United States prior to June 14, 2005. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 15, 2005. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) EPA approval date monitors included in an agency’s monitoring network for monitors used in a special study whose data area officially reported to EPA. E:\FR\FM\15JNR1.SGM 15JNR1 Federal Register / Vol. 70, No. 114 / Wednesday, June 15, 2005 / Rules and Regulations Applicable geographic or nonattainment area Name of nonregulatory SIP Provision * * * * State submittal date/ effective date * 21. Atlanta 1-hour ozone attainment area 2015 maintenance plan. Atlanta severe 1-hour maintenance area. ozone PART 81—[AMENDED] * February 1, 2005 ....... June 14, 2005. [Insert first page number of publication] amended by revising the entry for the Atlanta area to read as follows: 2. In § 81.311 the table entitled ‘‘Georgia—Ozone (1-hour standard)’’ is I 1. The authority citation for part 81 continues to read as follows: I EPA approval date * Authority: 42 U.S.C. 7401 et seq. 34665 § 81.311 Georgia. GEORGIA—OZONE (1-HOUR STANDARD) Designation Classification Designated Area Date1 Atlanta Area: ..................................................... Cherokee County ...................................... Clayton County .......................................... Cobb County ............................................. Coweta County .......................................... DeKalb County .......................................... Douglas County ......................................... Fayette County .......................................... Forsyth County .......................................... Fulton County ............................................ Gwinnett County ........................................ Henry County ............................................ Paulding County ........................................ Rockdale County ....................................... * * 1 This * June June June June June June June June June June June June June June 14, 14, 14, 14, 14, 14, 14, 14, 14, 14, 14, 14, 14, 14, 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 * Date1 Type ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ Attainment Attainment Attainment Attainment Attainment Attainment Attainment Attainment Attainment Attainment Attainment Attainment Attainment Attainment * Type .............................. .............................. .............................. .............................. .............................. .............................. .............................. .............................. .............................. .............................. .............................. .............................. .............................. .............................. * * * date is October 18, 2000, unless otherwise noted. * * * * DATES: BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR 25.221(c), 25.221(e), and 25.222(c) are effective June 15, 2005. FEDERAL COMMUNICATIONS COMMISSION FOR FURTHER INFORMATION CONTACT: Jennifer Gorny or Howard Griboff, Policy Division, International Bureau, (202) 418–1460. [FR Doc. 05–11829 Filed 6–14–05; 8:45 am] 47 CFR Part 64 On January 6, 2005, the Commission released a Report and Order, a summary of which was published in the Federal Register. See 70 FR 4775, January 31, 2005. Although the rule changes in the Report and Order became effective on March 2, 2005, §§ 25.221(c), 25.221(e), and 25.222(c) contained modified information collection requirements, which required approval by the Office of Management and Budget (OMB). The information collection requirements were approved by OMB on May 25, 2005. See OMB No. 3060–1061. Rules and Regulations Implementing the Controlling the Assault of NonSolicited Pornography and Marketing Act of 2003; Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991 SUPPLEMENTARY INFORMATION: 47 CFR Part 25 [IB Docket No. 02–10; FCC 04–286] Procedures To Govern the Use of Satellite Earth Stations on Board Vessels in the 5925–6425 MHz/3700– 4200 MHz Bands and 14.0–14.5 GHz/ 11.7–12.2 GHz Bands Federal Communications Commission. ACTION: Final rule, announcement of effective date. AGENCY: SUMMARY: This document announces the effective date of the rule published on January 31, 2005. The rules adopted licensing and service rules for satellite earth stations on vessels (ESVs) in the C- and Ku-bands that will provide regulatory certainty to ESV licensees, while protecting existing users in the bands. VerDate jul<14>2003 16:54 Jun 14, 2005 Jkt 205001 Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 05–11541 Filed 6–14–05; 8:45 am] BILLING CODE 6712–01–P PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 [CG Docket Nos. 02–278 and 04–53; DA 05– 692] Federal Communications Commission. ACTION: Final rule. AGENCY: SUMMARY: In this document, the Commission amends its rules addressing unwanted mobile service commercial messages to cross reference new definitions adopted by the Federal Trade Commission (FTC). The Commission has directed the Consumer & Governmental Affairs Bureau (CGB) to revise the regulations of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN–SPAM Act) to reflect updated or amended definitions in the FTC’s rules. E:\FR\FM\15JNR1.SGM 15JNR1

Agencies

[Federal Register Volume 70, Number 114 (Wednesday, June 15, 2005)]
[Rules and Regulations]
[Pages 34660-34665]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11829]



[[Page 34660]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[RO4-OAR-2005-GA-0002; RO4-OAR-2005-GA-0003; R04-OAR-2004-GA-0003-
200517; FRL-7924-7]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Georgia, Redesignation of 
Atlanta Severe 1-Hour Ozone Nonattainment Area to Attainment for Ozone; 
Maintenance Plan; Motor Vehicle Emission Budgets; Revisions to Rules 
for Air Quality

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is granting final approval of the 1-hour ozone 
redesignation request and the 10-year maintenance plan State 
Implementation Plan (SIP) revision, including the new 2015 Motor 
Vehicle Emission Budgets (MVEB) for the Atlanta severe 1-hour ozone 
National Ambient Air Quality Standard (NAAQS) nonattainment area, which 
were submitted by the Georgia Environmental Protection Division (EPD) 
on February 1, 2005. The current Atlanta severe 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). EPA's approval 
of the 1-hour ozone redesignation request is based on our determination 
that the Atlanta area has met the criteria for redesignation to 
attainment specified in the Clean Air Act (CAA or Act), including a 
demonstration that the Atlanta area has attained the 1-hour ozone 
NAAQS. EPA is granting final approval of the 10-year maintenance plan 
SIP revision, including the new 2015 MVEB, because EPA has determined 
that the plan complies with the requirements of section 175A of the 
Act.
    For transportation purposes, EPA is also finalizing its adequacy 
determination for the new 2015 MVEB. EPA has determined that the MVEB 
for the year 2015 are adequate for transportation conformity purposes.

DATES: Effective Date: This rule is effective June 14, 2005.

ADDRESSES: EPA has established a docket for this action under Regional 
Material in EDocket (RME) ID No. RO4-OAR-2005-GA-0002; RO4-OAR-2005-GA-
0003; R04-OAR-2004-GA-0003. All documents in the docket are listed in 
the RME index at https://docket.epa.gov/rmepub/. Once in the system, 
select ``quick search,'' then key in the appropriate RME Docket 
identification number. Although listed in the index, some information 
is not publicly available, i.e., Confidential Business Information 
(CBI) or other information whose disclosure is restricted by statute. 
Certain other material, such as copyrighted material, is not placed on 
the Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available 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 person 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, Region 4, U.S. Environmental Protection Agency, 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 is the background for this action?
II. What actions are we taking?
III. When are these actions effective?
IV. What comments did we receive and what are our responses?
V. Statutory and Executive Order Reviews

I. What Is the Background for This Action?

    On February 1, 2005, EPD submitted a request to redesignate the 
severe 1-hour ozone nonattainment area of Atlanta, Georgia, to 
attainment, and a request for EPA approval of a Georgia SIP revision 
containing a 10-year maintenance plan for the Atlanta area, including 
new MVEB for the year 2015. In addition, Georgia requested that EPA 
make a determination that certain SIP submittal requirements related to 
attainment demonstrations and reasonable further progress (RFP) 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 ozone season monitoring data for the 3-year period 
including the years 2002, 2003, and 2004. On April 20, 2005, (70 FR 
20495), EPA published a proposed rule proposing to take four actions on 
these requests: to find that the Atlanta area has attained the 1-hour 
ozone NAAQS; to find that certain attainment demonstration and RFP 
requirements, along with other related requirements of part D of title 
I of the CAA, are not applicable to the Atlanta area for so long as it 
continues to attain the 1-hour ozone NAAQS; to approve the 10-year 
maintenance plan, including the 2015 MVEB; and to approve the 1-hour 
ozone redesignation request for the Atlanta area.
    In a separate action, effective June 14, 2005, EPA granted final 
approval on two of the four actions proposed for approval on April 20, 
2005, (70 FR 20495). In that separate action, EPA determined that the 
Atlanta severe 1-hour ozone nonattainment area has attained the 1-hour 
ozone NAAQS, and that certain CAA requirements are no longer 
applicable, so long as the Atlanta area continues to maintain the 1-
hour ozone NAAQS.
    In addition, in another separate action taken on May 9, 2005, (70 
FR 24310), EPA published a direct final rule approving revisions to 
Georgia's Rules for Air Quality to satisfy the additional requirements 
for severe 1-hour ozone nonattainment areas. The comment period for the 
May 9, 2005, action ended on June 8, 2005, and EPA received no adverse 
comment.

II. What Actions Are We Taking?

    EPA is granting final approval of the remaining two actions 
proposed for approval on April 20, 2005, (70 FR 20495). Specifically, 
EPA is approving Georgia's request for redesignation and thereby 
approving a change in the legal designation of the Atlanta area from 
nonattainment to attainment for the 1-hour ozone NAAQS. EPA is also 
approving Georgia's 10-year maintenance plan SIP revision for the 
Atlanta area because the plan complies with the requirements of section 
175A of the Act. The maintenance plan is designed to keep the Atlanta 
area in attainment for the 1-hour ozone standard for the next 10 years.
    Finally, for transportation purposes, EPA is finalizing its 
adequacy determination for the new 2015 MVEB. EPA has determined that 
the MVEB for the year 2015 are adequate for transportation conformity 
purposes.

[[Page 34661]]

A. Redesignation and 10-Year Maintenance Plan

    Section 107(d)(3)(D) of the Act allows a Governor to initiate the 
redesignation process for an area to apply for attainment status. On 
February 1, 2005, Georgia requested redesignation of the Atlanta area's 
severe 1-hour ozone nonattainment status to attainment status and 
requested EPA approval of the 10-year maintenance plan for the Atlanta 
area. Today, EPA is approving the 1-hour ozone redesignation request 
and the 10-year maintenance plan SIP revision. EPA's approval of the 1-
hour ozone redesignation request is based on our determination that the 
Atlanta area has met the five criteria for redesignation to attainment 
specified in the CAA, including a demonstration that the area has 
attained the 1-hour ozone NAAQS. The 1990 CAA Amendments revised 
section 107(d)(3)(E) to provide five specific criteria that an area 
must meet in order to be redesignated from nonattainment to attainment. 
These five criteria are: (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, 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 Act; and (5) 
the area has met all applicable requirements under section 110 and part 
D of the CAA. EPA's analysis of the five criteria as applied to the 
Atlanta area is discussed in detail in the April 20, 2005, (70 FR 
20495), proposed rule.
    With regard to criteria 1, EPA has already determined, in a 
separate action effective June 14, 2005, that the Atlanta severe 1-hour 
ozone nonattainment area has attained the 1-hour ozone NAAQS. With 
regard to criteria 2 and 5, EPA has determined that the Atlanta area 
has a fully approved SIP under section 110(k) of the CAA, and that the 
area has met all applicable requirements under section 110 and part D 
of the Act.
    Specifically, 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 Georgia 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.
    In addition, EPA has determined that the Atlanta area has met all 
applicable requirements under section 110 and part D of the CAA. At the 
time of the proposed rule on April 20, 2005, (70 FR 20495), EPA 
proposed to find that the Atlanta area had met most of the applicable 
requirements under section 110 and part D of the Act. However, in the 
proposed rule, we stated that EPA had not yet approved certain rule 
revisions pertaining to section 182(a)(2)(A) and section 182(d) of the 
Act, and that we would take action on these rule revisions separately 
and prior to any final rule on the redesignation request. On May 9, 
2005, (70 FR 24310), EPA published a direct final rule approving 
revisions to Georgia's Rules for Air Quality to satisfy the additional 
requirements for severe 1-hour ozone nonattainment areas required by 
section 182(d) of the Act. The comment period for this direct final 
rule ended on June 8, 2005, and EPA received no adverse comment. These 
revisions satisfy the additional requirements for severe 1-hour ozone 
nonattainment areas. Also, on April 12, 2005, (70 FR 19031), EPA 
proposed approval of Georgia's Severe Area Vehicle Miles Traveled SIP 
submittal which was for the purpose of offsetting any growth in 
emissions from growth in vehicle miles traveled (VMT) as required by 
the Act. In a separate action, effective June 14, 2005, EPA granted 
final approval to this submittal.
    In our April 20, 2005, (70 FR 20495), proposed rule, EPA also 
indicated that we had not yet approved Georgia's reasonably available 
control technology (RACT) rule corrections, which are required by 
section 182(a)(2)(A) of the Act. This was an error. EPA approved 
Georgia's RACT rule corrections on October 13, 1992, (57 FR 46780), 
effective December 14, 1992.
    Finally, EPA determined, in a separate action effective June 14, 
2005, that certain attainment demonstration requirements (section 
172(c)(1) of the CAA), along with certain other related requirements of 
part D of title I of the CAA, including the section 172(c)(9) 
contingency measure requirement (measures needed to mitigate a state's 
failure to achieve RFP toward, and attainment of, a NAAQS), the section 
182 attainment demonstration and rate of progress (ROP) requirements, 
and the section 182(j) multi-state attainment demonstration 
requirement, are not applicable to the Atlanta area. Therefore, with 
regard to redesignation criteria 2 and 5, EPA finds that the Atlanta 
area has a fully approved SIP under section 110(k) of the CAA, and that 
the area has met all applicable requirements under section 110 and part 
D of the Act.
    EPA also finds that redesignation criteria 3 and 4 have been met 
for the Atlanta area. For the reasons discussed in the April 20, 2005, 
(70 FR 20495), proposed rule, EPA has determined that the air quality 
improvement in the Atlanta area is due to permanent and enforceable 
reductions in emissions resulting from implementation of the SIP, 
applicable federal air pollution control regulations, and other 
permanent and enforceable reductions. In addition, our April 20, 2005, 
(70 FR 20495), proposed rule provides a detailed discussion of EPA's 
reasons for its proposed approval of the Atlanta area's 10-year 
maintenance plan. EPA notes that in the proposed rule, we announced our 
preliminary conclusion that the Atlanta area's maintenance of the 1-
hour ozone standard is indicated under either future fuel scenario (use 
of reformulated gasoline (RFG) or use of only the Georgia gasoline 
currently in place). We also announced our intention to confirm this 
preliminary conclusion prior to taking final action on the 
redesignation request and approval of the 10-year maintenance plan. As 
fully discussed in the Response to Comments section of this final rule, 
EPA has confirmed our preliminary conclusion that the Atlanta area will 
maintain the 1-hour ozone standard throughout the 10-year maintenance 
plan period by using only Georgia gasoline or by using RFG that meets 
the low-sulfur requirements in Georgia's SIP. For the reasons stated in 
our proposed rule on the 10-year maintenance plan and based on our 
confirmation concerning future fuel scenarios for the Atlanta area, EPA 
is finalizing its approval of Georgia's 10-year maintenance plan SIP 
submittal for the Atlanta area.
    EPA's approval of Georgia's 10-year maintenance plan SIP submittal 
for the Atlanta area, includes our approval of the new 2015 MVEB 
contained within the maintenance plan. The 2015 MVEB for nitrogen oxide 
(NOX) in the Atlanta area is 121.88 tons per ozone season 
weekday (tpd). The 2015 MVEB for volatile organic compounds (VOC) in 
the Atlanta area is 83.42 tpd.

B. What Are the Effects of Redesignation

    Approval of the Atlanta area redesignation request changes the 
official designation for the 1-hour ozone NAAQS found at 40 CFR part 81 
for the

[[Page 34662]]

State of Georgia, Atlanta Area, from nonattainment to attainment. It 
also incorporates into the Georgia SIP a plan for maintaining the 1-
hour ozone NAAQS through 2015. The plan includes contingency measures 
to remedy any future violations of the 1-hour ozone NAAQS, and includes 
VOC and NOX MVEB for 2015 for the Atlanta area.

C. Adequacy of the 2015 Motor Vehicle Emission Budgets

    Through this rule, EPA is providing notice that it has determined 
that the 2015 MVEB for VOC and NOX, as contained in the 10-
year maintenance plan, meet the substantive criteria for ``adequacy,'' 
as set out in 40 CFR 93.118(e)(4), and are adequate for purposes of 
transportation conformity. The availability of the 10-year maintenance 
plan SIP submission containing 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.
    For transportation plan analysis years that involve the year 2014 
or before, the applicable MVEB for the purposes of conducting 
transportation conformity analyses will be the 2004 MVEB for VOC 
(160.80 tpd) and for NOX (318.24 tpd). For transportation 
plan analysis years that involve the year 2015 or beyond, the 
applicable MVEB for the purposes of conducting transportation 
conformity analyses will be the 2015 MVEB for VOC (83.42 tpd) and for 
NOX (121.88 tpd).

III. When Are These Actions Effective?

    EPA finds that there is good cause for these determinations 
(approval of redesignation and 10-year maintenance plan, including the 
2015 MVEB) to become effective June 14, 2005, because a delayed 
effective date is unnecessary due to the nature of the determinations, 
which relieve the Atlanta area from certain CAA requirements that would 
otherwise apply to it. The expedited effective date for these actions 
is authorized under both 5 U.S.C. 553(d)(1), which provides that rule 
actions may become effective less than 30 days after publication if the 
rule ``grants or recognizes an exemption or relieves a restriction'' 
and section 5 U.S.C. 553(d)(3), which allows an effective date less 
than 30 days after publication ``as otherwise provided by the agency 
for good cause found and published with the rule.''
    A redesignation to attainment relieves the Atlanta area from 
certain CAA requirements that otherwise would apply to it. The relief 
from these obligations is sufficient reason to allow an expedited 
effective date of this rule under 5 U.S.C. 553(d)(1). In addition, 
Georgia's relief from these obligations provides good cause to make 
this rule effective June 14, 2005, pursuant to 5 U.S.C. 553(d)(3). The 
purpose of the 30-day waiting period prescribed in 5 U.S.C. 553(d) is 
to give affected parties a reasonable time to adjust their behavior and 
prepare before the final rule takes effect. Where, as here, the final 
rule relieves obligations rather than imposes obligations, affected 
parties, such as the State of Georgia, do not need time to adjust and 
prepare before the rule takes effect.

IV. What Comments Did We Receive and What Are Our Responses?

Proposed Redesignation of the Atlanta Severe 1-Hour Nonattainment Area 
To Attainment for Ozone

    EPA received one comment letter from the Renewable Fuels 
Association (RFA).
    Comment: The RFA commented that EPA should not approve the proposed 
maintenance plan because: ``Georgia's submission seeking to demonstrate 
that attainment of the 1-hour ozone standard will continue to be 
maintained * * * relies on emissions data based on use of RFG 
[reformulated gas], while at the same time Georgia is trying to avoid 
use of RFG in Atlanta. * * * Georgia did not model the emissions for 
2005 to 2015 based on use of Georgia Gas. Therefore, EPA has no basis 
to support a finding that Georgia Gas is sufficient to establish 
maintenance as required under the Act. EPA cannot approve a 
redesignation request which is based on use of Georgia Gas without a 
maintenance demonstration using Georgia Gas only. EPA must confirm such 
modeling and make it available for public comment prior to approving 
any redesignation. Until this demonstration is made, Georgia's 
application does not satisfy the criteria for redesignation established 
in section 107(d)(3)(E) and EPA cannot redesignate Atlanta to 
attainment for the 1-hour ozone standard.'' The commenter included two 
attachments to its comment: EPA's September 30, 2004, letter to Carol 
Couch, Director of Georgia EPD denying Georgia's request to waive the 
RFG requirement for Atlanta with EPA's ``Analysis of and Action on 
Georgia's Request for a Waiver of the Reformulated Gasoline Program'' 
(EPA420-S-04-006, October 2004); and ``Comments on Georgia's Petition 
for an RFG Waiver in Atlanta: Technical Analysis'' by Gary Z. Whitten, 
Ph.D., dated August 24, 2004.
    Response: In EPA's proposed rule for this action on April 20, 2005 
(70 FR 20495), EPA announced its preliminary conclusion that 
maintenance is indicated under either future fuel scenario (i.e., using 
RFG or Georgia gasoline currently in place) for the Atlanta area for 
the 1-hour ozone NAAQS. Since the use of low-sulfur Georgia gasoline is 
a SIP requirement, Georgia correctly concluded that RFG sold in the 
Atlanta area would have to meet the low-sulfur requirement from the 
Georgia SIP as well as RFG requirements. EPA's preliminary conclusion 
that the Atlanta area would maintain the 1-hour ozone NAAQS by using 
Georgia gasoline or RFG that met the low-sulfur requirement for Georgia 
gasoline in the SIP was based on EPA's ``Analysis of and Action on 
Georgia's Request for a Waiver of the Reformulated Gasoline Program'' 
(EPA420-S-04-006, October 2004) that EPA conducted in its review of 
Georgia's petition request to be relieved of the RFG requirement and 
which the commenter attached to its comment.\1\ EPA's analysis in the 
proposal was based on Georgia's modeling using RFG, its predictions of 
a declining mobile source emissions inventory post 2002, along with the 
modeling prepared by EPA comparing emissions between RFG and Georgia 
gasoline in 2005. The preliminary conclusion from the analysis in the 
proposed rule focused on predicting the emissions that would be 
expected over time with Georgia gasoline only. In the April 20, 2005, 
proposed rule, EPA announced our intention to confirm this preliminary 
conclusion prior to taking final action on the redesignation request 
and approval of the maintenance plan. After publication of the proposed 
rule, EPD ran a full MOBILE model run using only Georgia gasoline. This 
post-proposal analysis addresses the same issue that EPA addressed in 
the proposed rule, using a more direct modeling of the emissions at 
issue, and confirms EPA's preliminary conclusion in the proposed rule 
that the area will maintain the 1-hour ozone NAAQS with Georgia 
gasoline only throughout the initial

[[Page 34663]]

maintenance period, as required by section 107(d)(3)(E) of the Act. 
Since these data confirm EPA's preliminary analysis, EPA does not 
believe taking additional comment on this point is necessary.
---------------------------------------------------------------------------

    \1\ This analysis was not included in the docket before the 
proposed rule was published; however the analysis was discussed in 
the proposal notice and was attached to the only comment received. 
Since it was publicly available, and was distributed to the 
commenter before the rule, EPA believes that the omission of this 
analysis from the docket at the time of the proposed rule is not 
significant. It is part of the docket for the final rule.
---------------------------------------------------------------------------

    The commenter also attached a memorandum from Gary Z. Whitten, 
``Comments on Georgia's Petition for an RFG Waiver in Atlanta: 
Technical Analysis'' that was written to refute the State's assertion 
in its waiver request that utilization of federal RFG will adversely 
affect air quality in the Atlanta area. The commenter relies on Dr. 
Whitten's memo to support their argument that Georgia needs to model 
Georgia gasoline as part of a maintenance demonstration. As noted 
above, that modeling has been done by Georgia EPD. To the extent the 
commenter relies on Dr. Whitten's memo to indicate possible concerns 
with the modeling of Georgia gasoline, EPA notes that Dr. Whitten's 
comments basically address the inadequacy of prior modeling done by 
Georgia to compare RFG to Georgia gasoline, and raise concerns that 
Georgia underestimated various benefits of RFG in this comparison. The 
issue here, however, is the benefits of Georgia gasoline, and any 
claimed underestimation of the benefits of RFG compared to Georgia 
gasoline is irrelevant to determining whether Georgia would maintain 
the 1-hour ozone NAAQS with Georgia gasoline. In that context, EPA 
notes that the recent MOBILE modeling of Georgia gasoline performed by 
Georgia, uses sulfur, reid vapor pressure (RVP) and oxygen levels that 
are similar to the levels EPA determined appropriate in its analysis of 
Georgia only gasoline, as part of EPA's evaluation of Georgia's request 
for a waiver of the RFG program.\2\ Further discussion of the levels 
EPA used in its evaluation of Georgia only gasoline can be found in 
EPA's ``Analysis of Emission Impacts of Implementation of Federal 
Reformulated Gasoline (RFG) in the Atlanta Area,'' which can be found 
in the docket for this rule.
---------------------------------------------------------------------------

    \2\ To the extent that RVP and oxygen parameters are different, 
emissions are expected to offset each other and would continue to 
support the conclusion that emissions in 2005 and later would be 
lower than 2002.
---------------------------------------------------------------------------

    Below are tables that show the results of the full MOBILE model run 
using Georgia low-sulfur gasoline only, which demonstrates that the 
emissions levels of NOX and VOC for the period 2005-2015 are 
below those for the base year (i.e., 2002), and thus indicate continued 
maintenance of the 1-hour standard. These tables were provided by the 
Georgia EPD during the public comment period on EPA's proposal as a 
supplement to their maintenance plan demonstration which accounted for 
a gasoline during the maintenance period which met the requirements of 
Georgia gasoline and RFG. With the supplemental information, the State 
has demonstrated continued maintenance for either a RFG or Georgia 
gasoline scenario. It should be noted that the mobile sector 
NOX emissions are projected to be the same for either 
scenario because of the federal requirement for all gasoline to meet 
the low-sulfur standards that are being phased in beginning in 2004 and 
continuing through 2006.

                                         NOX With Georgia Gasoline Only
----------------------------------------------------------------------------------------------------------------
                                                                  2002         2005         2010         2015
----------------------------------------------------------------------------------------------------------------
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       113.34       105.26        95.62
                                                             --------------
    Total...................................................       564.05       482.57       387.09       304.02
----------------------------------------------------------------------------------------------------------------


                                         VOC With Georgia Gasoline Only
----------------------------------------------------------------------------------------------------------------
                                                                  2002         2005         2010         2015
----------------------------------------------------------------------------------------------------------------
Point.......................................................        15.71        17.11        19.69        22.12
Area........................................................       294.20       314.68       357.11       398.41
Mobile......................................................       184.84       143.80       113.61        77.29
Nonroad.....................................................        83.44        68.84        52.13        50.19
                                                             --------------
    Total...................................................       578.19       544.43       542.54       548.01
----------------------------------------------------------------------------------------------------------------

    By taking this final action, EPA is not waiving the requirement to 
use RFG in the Atlanta severe 1-hour ozone NAAQS nonattainment area. 
The use of RFG in severe ozone nonattainment areas is required by 
section 211 of the Act, and the applicability of this requirement to 
Atlanta is currently in litigation before the 11th Circuit Court of 
Appeals. EPA believes that the redesignation request and approval of 
the 1-hour ozone maintenance plan are separate issues from the 
applicability of the RFG requirement for the Atlanta area, and thus the 
redesignation request and 10-year maintenance plan SIP submittal can be 
approved under the CAA section 107(d)(3)(E) since the data indicate 
that the Atlanta area will maintain the 1-hour ozone NAAQS through 2015 
with either RFG or Georgia gasoline. EPA will take appropriate action 
in the future with respect to the applicability of RFG to the Atlanta 
area if necessary.
    Comment: The commenter also stated in a footnote that Georgia 
omitted data from a 12th monitor that showed increasing emissions from 
2000-2002 and recorded a violation \3\ in 2002.
---------------------------------------------------------------------------

    \3\ A violation of this standard occurs when the daily maximum 
1-hour average concentration measured by a continuous ambient air 
monitor exceeds 0.12 parts per million more than once per year, 
averaged over three consecutive years.
---------------------------------------------------------------------------

    Response: Although, we do not construe this to be a comment with 
regard to EPA's determination of attainment (because it was provided in 
the context of the 10-year maintenance plan for the Atlanta area), we 
provided the following clarification in our separate final attainment 
determination rule. ``In response, EPA notes that there was a special 
purpose monitor (SPM) in Cherokee County, Georgia, (Waleska

[[Page 34664]]

site) that operated from 1999-2002.\4\ This monitor recorded only one 
exceedance of the 1-hour ozone NAAQS during this period that occurred 
in 2002. This one exceedance does not constitute a violation of the 1-
hour ozone NAAQS. The monitor at the Waleska site was terminated by the 
State due to siting issues (potential interference by trees and a 
school's chemistry laboratory). The Waleska site was designated a SPM, 
and for this type of monitor the states are not required to obtain EPA 
concurrence for its termination.
---------------------------------------------------------------------------

    \4\ A special purpose monitor is a generic term used for all 
monitors other than State and Local Air Monitoring Stations (SLAMS), 
National Air Monitoring Stations (NAMS), Photochemical Assessment 
Monitoring Stations (PAMS), and Prevention of Significant 
Deterioration (PSD) monitors included in an agency's monitoring 
network for monitors used in a special study whose data area 
officially reported to EPA.
---------------------------------------------------------------------------

    Georgia's request for redesignation and a determination of 
attainment did include data from all ozone monitors in the Atlanta area 
with complete data for the period of 2002-2004, showing no violations 
of the 1-hour ozone NAAQS. Thus, there were no recorded violations of 
the 1-hour ozone NAAQS omitted from Georgia's redesignation request as 
implied by the commentator.''

VII. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
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 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 action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this 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 approves 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 (Public Law 104-4).
    This 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 approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the CAA. 
This 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 CAA. In this 
context, in the 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 CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272) do not apply. This 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.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. By June 14, 2005, EPA will submit a report containing 
these rules and other required information to the U.S. Senate, the U.S. 
House of Representatives, and the Comptroller General of the United 
States prior to June 14, 2005. A major rule cannot take effect until 60 
days after it is published in the Federal Register. This action is not 
a ``major rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 15, 2005. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

List of Subject in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: June 9, 2005.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.

0
Part 52 and 81, chapter I, title 40, Code of Federal Regulations, is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart L--Georgia

0
2. Section 52.570(e) is amended by adding a new entry for ``21. Atlanta 
1-hour ozone attainment area 2015 maintenance plan.''


Sec.  52.570  Identification of plan.

* * * * *
    (e) EPA Approved Georgia Nonregulatory Provisions.

----------------------------------------------------------------------------------------------------------------
    Name of nonregulatory SIP       Applicable geographic       State submittal date/
            Provision               or nonattainment area          effective date            EPA approval date
----------------------------------------------------------------------------------------------------------------
 

[[Page 34665]]

 
                                                  * * * * * * *
21. Atlanta 1-hour ozone           Atlanta severe 1-hour    February 1, 2005............  June 14, 2005. [Insert
 attainment area 2015 maintenance   ozone maintenance area.                                first page number of
 plan.                                                                                     publication]
----------------------------------------------------------------------------------------------------------------

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.


0
2. In Sec.  81.311 the table entitled ``Georgia--Ozone (1-hour 
standard)'' is amended by revising the entry for the Atlanta area to 
read as follows:


Sec.  81.311  Georgia.

                                        Georgia--Ozone (1-Hour Standard)
----------------------------------------------------------------------------------------------------------------
                                                  Designation                            Classification
        Designated Area         --------------------------------------------------------------------------------
                                        Date\1\                  Type              Date\1\            Type
----------------------------------------------------------------------------------------------------------------
Atlanta Area:..................  June 14, 2005........  Attainment...........
    Cherokee County............  June 14, 2005........  Attainment...........
    Clayton County.............  June 14, 2005........  Attainment...........
    Cobb County................  June 14, 2005........  Attainment...........
    Coweta County..............  June 14, 2005........  Attainment...........
    DeKalb County..............  June 14, 2005........  Attainment...........
    Douglas County.............  June 14, 2005........  Attainment...........
    Fayette County.............  June 14, 2005........  Attainment...........
    Forsyth County.............  June 14, 2005........  Attainment...........
    Fulton County..............  June 14, 2005........  Attainment...........
    Gwinnett County............  June 14, 2005........  Attainment...........
    Henry County...............  June 14, 2005........  Attainment...........
    Paulding County............  June 14, 2005........  Attainment...........
    Rockdale County............  June 14, 2005........  Attainment...........
 
                                                 * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is October 18, 2000, unless otherwise noted.

* * * * *
[FR Doc. 05-11829 Filed 6-14-05; 8:45 am]
BILLING CODE 6560-50-P
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