Approval and Promulgation of Implementation Plans; Georgia; Atlanta; Requirements for the 2008 8-Hour Ozone Standard, 48036-48041 [2015-19728]
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TABLE 1—REGULATIONS APPROVED STATEWIDE—Continued
State citation
State effective
date
Title/subject
173–422–031 .................
Vehicle emission inspection schedules.
*
173–422–060 .................
*
*
Gasoline vehicle emission standards.
Diesel vehicle exhaust
emission standards.
Gasoline vehicle exhaust emission testing procedures.
Diesel vehicle inspection procedure.
173–422–065 .................
173–422–070 .................
173–422–075 .................
7/4/02
*
173–422–160 .................
7/4/02
7/4/02
*
*
*
*
*
*
*
*
8/11/15 [Insert Federal
Register citation].
8/11/15 [Insert Federal
Register citation].
8/11/15 [Insert Federal
Register citation].
3/31/95
*
*
8/11/15 [Insert Federal
Register citation].
7/4/02
7/4/02
*
*
8/11/15 [Insert Federal
Register citation].
*
*
8/11/15 [Insert Federal
Register citation].
*
*
Emission specialist authorization.
Listing of authorized
emission specialists.
173–422–195 .................
Explanations
7/4/02
*
*
Fleet and diesel owner
vehicle testing requirements.
*
173–422–190 .................
7/4/02
EPA approval date
*
*
Except:
The part of 173–422–160(3) that says ‘‘of
twelve or less dollars’’.
*
*
8/11/15 [Insert Federal
Register citation].
8/11/15 [Insert Federal
Register citation].
*
*
*
*
*
*
(e) * * *
TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS
Name of SIP provision
Applicable
geographic or
nonattainment
area
State submittal
date
*
*
*
*
8-Hour Ozone 110(a)(1) Maintenance Plan ......................................................
*
Vancouver ......
1/17/2007
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R04–OAR–2015–0248; FRL–9932–20–
Region 4]
Approval and Promulgation of
Implementation Plans; Georgia;
Atlanta; Requirements for the 2008 8Hour Ozone Standard
AGENCY:
Environmental Protection
Agency.
ACTION:
Direct final rule.
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The Environmental Protection
Agency (EPA) is taking direct final
action to approve a state
implementation plan (SIP) revision
submitted by the State of Georgia,
through Georgia Environmental
Protection Division (GA EPD) on
February 6, 2015, to address the base
year emissions inventory and emissions
statements requirements for the 2008 8hour ozone national ambient air quality
standards (NAAQS) for the Atlanta,
Georgia 2008 8-hour ozone
nonattainment area (hereinafter referred
to as the ‘‘Atlanta Area’’). These
requirements apply to all ozone
nonattainment areas. The Atlanta Area
is comprised of 15 counties in Atlanta
(Bartow, Cherokee, Clayton, Cobb,
Coweta, DeKalb, Douglas, Fayette,
SUMMARY:
[FR Doc. 2015–19724 Filed 8–10–15; 8:45 am]
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Approval
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8/11/2015
[Insert page
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Comments
*
Forsyth, Fulton, Gwinnett, Henry,
Newton, Paulding, and Rockdale). This
action is being taken pursuant to the
Clean Air Act (CAA or Act) and its
implementing regulations.
DATES: This direct final rule is effective
October 13, 2015 without further notice,
unless EPA receives adverse comment
by September 10, 2015. If EPA receives
such comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2015–0248, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
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Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Rules and Regulations
2. Email: R4-ARMS@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2015–0248,
‘‘Air Regulatory Management Section
(formerly the Regulatory Development
Section), Air Planning and
Implementation Branch (formerly the
Air Planning Branch), Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Lynorae
Benjamin, Chief, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, 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 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2015–
0248. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, 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 through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, 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 email comment directly
to EPA without going through
www.regulations.gov, your email
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. For additional information
about EPA’s public docket visit the EPA
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Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information
may not be 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 www.regulations.gov or
in hard copy at the Air Regulatory
Management Section, Air Planning and
Implementation 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 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Tiereny Bell, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms. Bell
can be reached at (404) 562–9088 and
via electronic mail at bell.tiereny@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 12, 2008, EPA promulgated
a revised 8-hour ozone NAAQS of 0.075
parts per million (ppm). See 73 FR
16436 (March 27, 2008). Under EPA’s
regulations at 40 CFR part 50, the 2008
8-hour ozone NAAQS is attained when
the 3-year average of the annual fourthhighest daily maximum 8-hour average
ambient air quality ozone
concentrations is less than or equal to
0.075 ppm. See 40 CFR 50.15. Ambient
air quality monitoring data for the 3year period must meet a data
completeness requirement. The ambient
air quality monitoring data
completeness requirement is met when
the average percent of days with valid
ambient monitoring data is greater than
90 percent, and no single year has less
than 75 percent data completeness as
determined in Appendix I of part 50.
Upon promulgation of a new or
revised NAAQS, the CAA requires EPA
to designate as nonattainment any area
that is violating the NAAQS based on
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the three most recent years of ambient
air quality data at the conclusion of the
designation process. The Atlanta Area
was designated nonattainment for the
2008 8-hour ozone NAAQS on April 30,
2012 (effective July 20, 2012) using
2009–2011 ambient air quality data. See
77 FR 30088 (May 21, 2012). At the time
of designation, the Atlanta Area was
classified as a marginal nonattainment
area for the 2008 8-hour ozone NAAQS.
On March 6, 2015, EPA finalized a rule
entitled ‘‘Implementation of the 2008
National Ambient Air Quality Standards
for Ozone: State Implementation Plan
Requirements’’ (SIP Requirements Rule)
that establishes the requirements that
state, tribal, and local air quality
management agencies must meet as they
develop implementation plans for areas
where air quality exceeds the 2008 8hour ozone NAAQS.1 See 80 FR 12264.
This rule establishes nonattainment area
attainment dates based on Table 1 of
section 181(a) of the CAA, including an
attainment date three years after the July
20, 2012, effective date, for areas
classified as marginal for the 2008 8hour ozone NAAQS. Therefore, the
attainment date for the Atlanta Area is
July 20, 2015.
Based on the nonattainment
designation, Georgia was required to
develop a SIP revision addressing
certain CAA requirements for areas
designated nonattainment. Specifically,
pursuant to CAA sections 182(a)(1) and
182(a)(3)(B), Georgia was required to
submit a SIP revision addressing the
emissions inventory and emissions
statements requirements, respectively.
Ground level ozone is not emitted
directly into the air, but is created by
chemical reactions between oxides of
nitrogen (NOX) and volatile organic
compounds (VOC) in the presence of
sunlight. Emissions from industrial
facilities and electric utilities, motor
vehicle exhaust, gasoline vapors, and
chemical solvents are some of the major
sources of NOX and VOC. Section
182(a)(3)(B) of the CAA requires each
state with ozone nonattainment areas to
submit a SIP revision requiring annual
emissions statements to be submitted to
the state by the owner or operator of
1 The SIP Requirements Rule addresses a range of
nonattainment area SIP requirements for the 2008
ozone NAAQS, including requirements pertaining
to attainment demonstrations, reasonable further
progress (RFP), reasonably available control
technology, reasonably available control measures,
major new source review, emission inventories, and
the timing of SIP submissions and of compliance
with emission control measures in the SIP. The rule
also revokes the 1997 ozone NAAQS and
establishes anti-backsliding requirements.
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each NOX or VOC stationary source 2
located within a nonattainment area
showing the actual emissions of NOX
and VOC from that source. The first
statement is due three years from the
area’s nonattainment designation, and
subsequent statements are due at least
annually thereafter. Section 182(a)(1) of
the CAA requires states with areas
designated nonattainment for the ozone
NAAQS to submit a SIP revision
providing a comprehensive, accurate,
and current inventory of actual
emissions from all sources of the
relevant pollutant or pollutants in such
area. NOX and VOCs are the relevant
pollutants because they are the
precursors of ozone.
On February 6, 2015, Georgia
submitted a SIP revision addressing the
emissions inventory and emissions
statements requirements related to the
2008 8-hour ozone NAAQS for the
Atlanta Area.3 EPA is now taking action
to approve this SIP revision as meeting
the requirements of sections 110,
182(a)(1), and 182(a)(3)(B) of the CAA.4
More information on EPA’s analysis of
Georgia SIP revision and how this SIP
revision addresses these requirements is
provided below.
II. Analysis of State’s Submittal
a. Base Year Emission Inventory
As discussed above, section 182(a)(1)
of the CAA requires areas to submit a
comprehensive, accurate, and current
inventory of actual emissions from all
sources of the relevant pollutant or
pollutants in each ozone non-attainment
area. The section 182(a)(1) base year
inventory is defined in the SIP
Requirements Rule as ‘‘a
comprehensive, accurate, current
inventory of actual emissions from
sources of VOC and NOX emitted within
the boundaries of the nonattainment
area as required by CAA section
182(a)(1).’’ See 40 CFR 51.1100(bb). The
inventory year must be selected
consistent with the baseline year for the
RFP plan as required by 40 CFR
51.1110(b),5 and the inventory must
include actual ozone season day
emissions as defined in 40 CFR
51.1100(cc) 6 and contain data elements
consistent with the detail required by 40
CFR part 51, subpart A. See 40 CFR
51.1115(a), (c), (e). In addition, the point
source emissions included in the
inventory must be reported according to
the point source emissions thresholds of
the Air Emissions Reporting
Requirements (AERR) in 40 CFR part 51,
subpart A. 40 CFR 51.1115(d).
Georgia selected 2011 as the base year
for the emissions inventory which is the
year corresponding with the first
triennial inventory under 40 CFR part
51, subpart A. This base year is one of
the three years of ambient data used to
designate the Area as a nonattainment
area and therefore represents emissions
associated with nonattainment
conditions. The emissions inventory is
based on data developed and submitted
by GA EPD to EPA’s 2011 National
Emissions Inventory (NEI), and it
contains data elements consistent with
the detail required by 40 CFR part 51,
subpart A.7
Georgia’s emissions inventory for the
Atlanta Area provides 2011 typical
average summer day emissions for NOX
and VOCs for the following general
source categories: Electric generating
unit (EGU) point sources, non-EGU
point sources, nonpoint sources, onroad mobile sources, non-road mobile
sources, fire events, and biogenics. The
summer day emissions were calculated
as the average of emissions during
weekdays in July 2011. A detailed
discussion of the inventory
development is located at pages 1
through 7 of the document entitled
‘‘Atlanta Nonattainment Area Emissions
Inventory for the 2008 8-Hour Ozone
NAAQS’’ (Inventory Document) in the
State’s February 6, 2015 submittal and
Appendix A of that submittal which is
provided in the docket for this action.
The table below provides a summary of
the emissions inventory.
TABLE 1—2011 EMISSIONS FOR THE ATLANTA AREA
[Tons per summer day]
County
Point-EGU
NOX
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Bartow ......................
Cherokee ..................
Clayton .....................
Cobb .........................
Coweta .....................
DeKalb ......................
Douglas ....................
Fayette .....................
Forsyth .....................
Fulton .......................
Point-non-EGU
VOC
16.85
0.00
0.00
8.84
19.45
0.00
0.00
0.00
0.00
0.00
NOX
0.70
0.00
0.00
0.10
0.21
0.00
0.00
0.00
0.00
0.00
2 A state may waive the emission statement
requirement for any class or category of stationary
sources which emit less than 25 tons per year of
VOCs or NOX if the state meets the requirements
of section 182(a)(3)(B)(ii).
3 Georgia’s SIP revision also certifies that its SIPapproved state regulation addressing nonattainment
new source review for all new stationary sources
and modified existing stationary sources in the
Atlanta Area, 391–3–1–.03(8)—Permit
Requirements, exceeds the requirements of section
182(a)(2)(C) for the 2008 8-hour ozone NAAQS.
However, EPA does not believe that the two-year
deadline contained in CAA section 182(a)(2)(C)(i)
applies to nonattainment NSR SIPs for
implementing the 8-hour ozone NAAQS. See 80 FR
12264, 12267 (March 6, 2015); 70 FR 71682, 71683
(November 29, 2005). The submission of NSR SIPs
due on November 15, 1992, satisfied the section
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0.54
0.09
0.28
0.57
0.09
0.35
0.00
0.02
0.07
1.18
VOC
0.36
0.24
0.73
0.74
0.16
3.00
0.00
0.07
0.25
0.68
Nonpoint
NOX
0.17
0.12
0.19
0.69
0.12
0.65
0.08
0.09
0.11
1.38
On-road
VOC
4.09
5.36
7.01
20.49
3.71
20.51
4.12
2.92
4.72
26.97
182(a)(2)(C)(i) requirement for states to submit NSR
SIP revisions to meet the requirements of CAA
sections 172(c)(5) and 173 within two years after
the date of enactment of the 1990 CAA
Amendments. Id.
5 40 CFR 51.1110(b) states that ‘‘at the time of
designation for the 2008 ozone NAAQS the baseline
emissions inventory shall be the emissions
inventory for the most recent calendar year for
which a complete triennial inventory is required to
be submitted to EPA under the provisions of
subpart A of this part. States may use an alternative
baseline emissions inventory provided the state
demonstrates why it is appropriate to use the
alternative baseline year, and provided that the year
selected is between the years 2008 to 2012.’’
6 ‘‘Ozone season day emissions’’ is defined as ‘‘an
average day’s emissions for a typical ozone season
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NOX
Non-road
VOC
11.18
8.53
11.60
26.86
6.67
29.24
6.39
3.86
7.62
47.49
4.52
4.73
5.86
15.83
2.94
14.29
3.09
2.42
3.89
21.46
NOX
3.48
3.49
15.84
11.15
2.39
7.68
1.56
1.96
3.36
17.53
VOC
2.22
2.72
4.33
10.26
1.17
4.25
0.80
1.67
4.27
10.06
work weekday. The state shall select, subject to EPA
approval, the particular month(s) in the ozone
season and the day(s) in the work week to be
represented, considering the conditions assumed in
the development of RFP plans and/or emissions
budgets for transportation conformity.’’ 40 CFR
51.1100(cc).
7 Data downloaded from the EPA Emissions
Inventory System (EIS) from the 2011 NEI was
subjected to quality assurance procedures described
under quality assurance details under 2011 NEI
Version 1 Documentation located at https://
www.epa.gov/ttn/chief/net/
2011inventory.html#inventorydoc. The quality
assurance and quality control procedures and
measures associated with this data are outlined in
the State’s EPA-approved Emission Inventory
Quality Assurance Project Plan.
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TABLE 1—2011 EMISSIONS FOR THE ATLANTA AREA—Continued
[Tons per summer day]
County
Point-EGU
Point-non-EGU
VOC
NOX
NOX
VOC
Nonpoint
NOX
On-road
VOC
NOX
Non-road
VOC
NOX
VOC
Gwinnett ...................
Henry ........................
Newton .....................
Paulding ...................
Rockdale ..................
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
6.11
0.07
0.00
0.14
0.16
1.54
1.06
0.00
0.35
0.67
0.11
0.10
0.07
0.09
24.03
4.67
3.08
3.05
2.34
30.64
9.86
6.49
4.41
4.14
16.74
4.61
3.71
2.61
1.92
14.37
4.03
1.70
2.20
1.19
13.97
1.87
1.15
0.95
0.88
Total ..................
45.14
1.01
9.49
9.35
4.63
137.06
214.98
108.62
91.92
60.56
The emissions reported for the
Atlanta Area reflect the emissions for
the 15 counties in the nonattainment
area. The inventory contains point
source emissions data for facilities
located within the Area based on
Geographic Information Systems (GIS)
mapping. More detail on the emissions
for individual sources categories is
provided below and in Appendix A of
the Georgia submittal.
Point sources are large, stationary,
identifiable sources of emissions that
release pollutants into the atmosphere.
The EGU point sources emissions
inventory was developed from facilityspecific emissions data. NOX emissions
were calculated using continuous
emissions monitoring system data
which included hourly measurements.
For VOC emissions, GA EPD used
facility-specific emissions data reported
to the 2011 NEI. These sources are
required to submit inventory data
according to the AERR. The non-EGU
point source emissions inventory for the
Atlanta Area was developed from nonEGU facility-specific data reported to
the 2011 NEI. These sources are
required to submit inventory data
according to the AERR. The point
source emissions data meets the point
source emissions thresholds of 40 CFR
part 51, subpart A. A detailed account
of the non-EGU point sources can be
found on pages 8 through 12 of the
Inventory Document in the Georgia
submittal.
Nonpoint sources are small emission
stationary sources which, due to their
large number, collectively have
significant emissions (e.g., dry cleaners,
service stations). Emissions for these
sources were obtained from the 2011
NEI. A detailed account of the nonpoint
sources can be found in Appendix B
and page 2 of the Inventory Document
in the Georgia submittal.
On-road mobile sources include
vehicles used on roads for
transportation of passengers or freight.
Georgia developed its on-road emissions
inventory using EPA’s Motor Vehicle
Emissions Simulator (MOVES) model
for each ozone nonattainment county.8
County level on-road modeling was
conducted using county-specific vehicle
population and other local data. A
detailed account of the on-road sources
can be found in Appendix D and page
3 of the Inventory Document in the
Georgia submittal.
Non-road mobile sources include
vehicles, engines, and equipment used
for construction, agriculture, recreation
and other purposes that do not use the
roadways (e.g., lawn mowers,
construction equipment, railroad
locomotives and aircraft). Georgia
obtained emissions for the non-road
mobile sources from the 2011 NEI.
Those emissions were estimated using
National Mobile Inventory Model
(NMIM) with updated NMIM County
Database (NCD) files from GA EPD. A
detailed account of the non-road mobile
sources can be found in Appendix D of
the February 6, 2015, submittal.
Georgia included 2011 actual
emissions from fire events and biogenic
sources in its emissions inventory.
Wildland fires are unplanned,
unwanted wild land fires including
unauthorized human-caused fires,
escaped prescribed fire projects, or other
inadvertent fire situations where the
objective is to put the fire out.
Prescribed fires are any fires ignited by
management actions to meet specific
objectives related to the reduction of the
biomass potentially available for
wildfires. Fire event emissions were
developed by GA EPD using fire records
collected from the Georgia Forestry
Commission (GFC), when fire activities
were not included in the GFC database,
military bases and federal agencies
(USFS and FWS) records were used. In
addition, GA EPD collected detailed
burning records for the Okefenokee area
which showed burned area per day. A
detailed account of fire event sources
can be found in Appendix A and on
page 4 of the Inventory Document in the
Georgia submittal.
Biogenic emission sources are
emissions that come from natural
sources. GA EPD obtained biogenic
emissions for 2011 from the 2011 NEI
and used the summary of countyspecific daily biogenic emissions.9 A
detailed account of biogenic sources can
be found in Appendix A and on page 4
of the Inventory Document in the
Georgia submittal. The table below
provides a summary of the 2011 fire
event and biogenic emissions for the
Atlanta Area.
TABLE 2–2011—FIRE EVENT AND BIOGENIC EMISSIONS FOR THE ATLANTA AREA
[Tons per summer]
Fire events
Biogenic
County
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NOX
Bartow ..............................................................................................................................................
Cherokee .........................................................................................................................................
Clayton .............................................................................................................................................
8 Georgia used MOVES version 2010b because
this was the latest version available at the time that
the State submitted its SIP revision.
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9 The emissions were calculated from the
Biogenic Emission Inventory System (BEIS) version
3.14 model in the Sparse Matrix Operator Kernel
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VOC
0.00
0.00
0.00
0.00
0.00
0.00
NOX
0.34
0.17
0.19
VOC
88.53
85.92
32.40
Emissions model (SMOKE) with 2011
meteorological data from the Weather Research
Forecasting (WRF) Model.
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TABLE 2–2011—FIRE EVENT AND BIOGENIC EMISSIONS FOR THE ATLANTA AREA—Continued
[Tons per summer]
Fire events
Biogenic
County
VOC
NOX
NOX
VOC
Cobb ................................................................................................................................................
Coweta .............................................................................................................................................
DeKalb .............................................................................................................................................
Douglas ............................................................................................................................................
Fayette .............................................................................................................................................
Forsyth .............................................................................................................................................
Fulton ...............................................................................................................................................
Gwinnett ...........................................................................................................................................
Henry ...............................................................................................................................................
Newton .............................................................................................................................................
Paulding ...........................................................................................................................................
Rockdale ..........................................................................................................................................
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.31
0.26
0.20
0.15
0.18
0.18
0.30
0.38
0.25
0.20
0.17
0.18
63.54
83.79
46.69
49.86
46.12
47.93
77.42
76.09
53.31
56.67
66.80
39.80
Total ..........................................................................................................................................
0.00
0.00
3.45
914.88
For the reasons discussed above, EPA
has determined that Georgia’s emissions
inventory meets the requirements under
CAA section 182(a)(1) and the SIP
Requirements Rule for the 2008 8-hour
ozone NAAQS.
b. Emissions Statements
Pursuant to section 182(a)(3)(B), states
with ozone nonattainment areas must
require annual emissions statements
from NOX and VOC stationary sources
within those nonattainment areas. In
1996, EPA incorporated Georgia’s
regulation 391–3–1–.02(6)(a)4,
Emissions Statements, into the SIP. See
61 FR 3819 (February 2, 1996). At that
time, this regulation applied to
stationary sources within Cherokee,
Clayton, Cobb, Coweta, DeKalb,
Douglas, Fayette, Forsyth, Fulton,
Gwinnett, Henry, Paulding, and
Rockdale Counties. Georgia
subsequently amended the regulation to,
among other things, include Bartow and
Newton Counties thereby covering the
entire Atlanta Area. EPA incorporated
these amendments into the SIP in 2009.
See 74 FR 62249 (November 27, 2009).
In its February 6, 2015, SIP revision,
Georgia certified that this SIP-approved
regulation 391–3–1–.02(6)(a)(4) meets
the requirements of section 182(a)(3)(B)
for the Area.10
III. Final Action
rmajette on DSK2TPTVN1PROD with RULES
EPA is approving the SIP revision
submitted by Georgia on February 6,
2015, addressing the base year
emissions inventory and emissions
10 As discussed in the preamble to the SIP
Requirements Rule, a state may rely on emissions
statement rules in force and approved by EPA for
the 1997 ozone NAAQS or the 1-hour ozone
NAAQS provided that the rules remain adequate
and cover all portions of the 2008 ozone NAAQS
nonattainment areas. See 80 FR 12291.
VerDate Sep<11>2014
15:24 Aug 10, 2015
Jkt 235001
statement requirements for the 2008 8hour ozone NAAQS for the Atlanta
Area. EPA has concluded that the
State’s submission meets the
requirements of sections 110 and 182 of
the CAA. EPA is publishing this rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should adverse comments be filed. This
rule will be effective October 13, 2015
without further notice unless the
Agency receives adverse comments by
September 10, 2015.
If EPA receives such comments, then
EPA will publish a document
withdrawing the final rule and
informing the public that the rule will
not take effect. All adverse comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period. Parties
interested in commenting should do so
at this time. If no such comments are
received, the public is advised that this
rule will be effective on October 13,
2015 and no further action will be taken
on the proposed rule.
Please note that if EPA receives
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, the Agency may
adopt as final those provisions of the
rule that are not the subject of an
adverse comment.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
that complies with the provisions of the
Act and applicable federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
E:\FR\FM\11AUR1.SGM
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Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Rules and Regulations
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
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. EPA will submit a
report containing this action 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 publication of the rule in
the Federal Register. 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 October 13, 2015. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: July 30, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart L—Georgia
2. Section 52.570(e), is amended by
adding an entry for ‘‘Atlanta 2008 8hour Ozone Marginal Area
Requirements’’ at the end of the table to
read as follows:
■
§ 52.570
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
Name of nonregulatory SIP provision
Applicable geographic or nonattainment area
*
*
Atlanta 2008 8-hour Ozone Marginal
Area Requirements.
*
*
*
Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb,
Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry,
Newton, Paulding, and Rockdale Counties.
Atmospheric Administration (NOAA),
Commerce.
[FR Doc. 2015–19728 Filed 8–10–15; 8:45 am]
BILLING CODE 6560–50–P
ACTION:
50 CFR Part 622
[Docket No. 120403249–2492–02]
rmajette on DSK2TPTVN1PROD with RULES
RIN 0648–XE087
Snapper-Grouper Fishery of the South
Atlantic; 2015 Recreational
Accountability Measure and Closure
for South Atlantic Golden Tilefish
National Marine Fisheries
Service (NMFS), National Oceanic and
15:24 Aug 10, 2015
Jkt 235001
NMFS implements
accountability measures (AMs) for the
golden tilefish recreational sector in the
exclusive economic zone (EEZ) of the
South Atlantic for the 2015 fishing year
through this temporary rule. NMFS
estimates recreational landings of
golden tilefish in 2015 have exceeded
the recreational annual catch limit
(ACL). Therefore, NMFS closes the
golden tilefish recreational sector in the
South Atlantic EEZ on August 11, 2015.
This closure is necessary to protect the
golden tilefish resource.
SUMMARY:
National Oceanic and Atmospheric
Administration
VerDate Sep<11>2014
2/6/15
EPA Approval
date
Explanation
*
8/11/15; [Insert citation of publication].
*
....................
This rule is effective 12:01 a.m.,
local time, August 11, 2015, until 12:01
a.m., local time, January 1, 2016.
DATES:
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF COMMERCE
AGENCY:
Temporary rule; closure.
State
submittal
date/
effective
date
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
Britni LaVine, NMFS Southeast
Regional Office, telephone: 727–824–
5305, email: britni.lavine@noaa.gov.
The
snapper-grouper fishery of the South
Atlantic includes golden tilefish and is
managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared
by the South Atlantic Fishery
Management Council and is
implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
SUPPLEMENTARY INFORMATION:
E:\FR\FM\11AUR1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 154 (Tuesday, August 11, 2015)]
[Rules and Regulations]
[Pages 48036-48041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19728]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0248; FRL-9932-20-Region 4]
Approval and Promulgation of Implementation Plans; Georgia;
Atlanta; Requirements for the 2008 8-Hour Ozone Standard
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a state implementation plan (SIP) revision
submitted by the State of Georgia, through Georgia Environmental
Protection Division (GA EPD) on February 6, 2015, to address the base
year emissions inventory and emissions statements requirements for the
2008 8-hour ozone national ambient air quality standards (NAAQS) for
the Atlanta, Georgia 2008 8-hour ozone nonattainment area (hereinafter
referred to as the ``Atlanta Area''). These requirements apply to all
ozone nonattainment areas. The Atlanta Area is comprised of 15 counties
in Atlanta (Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas,
Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, and
Rockdale). This action is being taken pursuant to the Clean Air Act
(CAA or Act) and its implementing regulations.
DATES: This direct final rule is effective October 13, 2015 without
further notice, unless EPA receives adverse comment by September 10,
2015. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0248, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
[[Page 48037]]
2. Email: R4-ARMS@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2015-0248, ``Air Regulatory Management
Section (formerly the Regulatory Development Section), Air Planning and
Implementation Branch (formerly the Air Planning Branch), Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960.
5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Air
Regulatory Management Section, Air Planning and Implementation Branch,
Air, Pesticides and Toxics Management Division, 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 a.m. to 4:30 p.m.,
excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2015-0248. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, 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 through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
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 email
comment directly to EPA without going through www.regulations.gov, your
email 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. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information may not be 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
www.regulations.gov or in hard copy at the Air Regulatory Management
Section, Air Planning and Implementation 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 a.m. to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Ms. Bell can be reached at (404) 562-9088 and via
electronic mail at bell.tiereny@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 12, 2008, EPA promulgated a revised 8-hour ozone NAAQS of
0.075 parts per million (ppm). See 73 FR 16436 (March 27, 2008). Under
EPA's regulations at 40 CFR part 50, the 2008 8-hour ozone NAAQS is
attained when the 3-year average of the annual fourth-highest daily
maximum 8-hour average ambient air quality ozone concentrations is less
than or equal to 0.075 ppm. See 40 CFR 50.15. Ambient air quality
monitoring data for the 3-year period must meet a data completeness
requirement. The ambient air quality monitoring data completeness
requirement is met when the average percent of days with valid ambient
monitoring data is greater than 90 percent, and no single year has less
than 75 percent data completeness as determined in Appendix I of part
50.
Upon promulgation of a new or revised NAAQS, the CAA requires EPA
to designate as nonattainment any area that is violating the NAAQS
based on the three most recent years of ambient air quality data at the
conclusion of the designation process. The Atlanta Area was designated
nonattainment for the 2008 8-hour ozone NAAQS on April 30, 2012
(effective July 20, 2012) using 2009-2011 ambient air quality data. See
77 FR 30088 (May 21, 2012). At the time of designation, the Atlanta
Area was classified as a marginal nonattainment area for the 2008 8-
hour ozone NAAQS. On March 6, 2015, EPA finalized a rule entitled
``Implementation of the 2008 National Ambient Air Quality Standards for
Ozone: State Implementation Plan Requirements'' (SIP Requirements Rule)
that establishes the requirements that state, tribal, and local air
quality management agencies must meet as they develop implementation
plans for areas where air quality exceeds the 2008 8-hour ozone
NAAQS.\1\ See 80 FR 12264. This rule establishes nonattainment area
attainment dates based on Table 1 of section 181(a) of the CAA,
including an attainment date three years after the July 20, 2012,
effective date, for areas classified as marginal for the 2008 8-hour
ozone NAAQS. Therefore, the attainment date for the Atlanta Area is
July 20, 2015.
---------------------------------------------------------------------------
\1\ The SIP Requirements Rule addresses a range of nonattainment
area SIP requirements for the 2008 ozone NAAQS, including
requirements pertaining to attainment demonstrations, reasonable
further progress (RFP), reasonably available control technology,
reasonably available control measures, major new source review,
emission inventories, and the timing of SIP submissions and of
compliance with emission control measures in the SIP. The rule also
revokes the 1997 ozone NAAQS and establishes anti-backsliding
requirements.
---------------------------------------------------------------------------
Based on the nonattainment designation, Georgia was required to
develop a SIP revision addressing certain CAA requirements for areas
designated nonattainment. Specifically, pursuant to CAA sections
182(a)(1) and 182(a)(3)(B), Georgia was required to submit a SIP
revision addressing the emissions inventory and emissions statements
requirements, respectively.
Ground level ozone is not emitted directly into the air, but is
created by chemical reactions between oxides of nitrogen
(NOX) and volatile organic compounds (VOC) in the presence
of sunlight. Emissions from industrial facilities and electric
utilities, motor vehicle exhaust, gasoline vapors, and chemical
solvents are some of the major sources of NOX and VOC.
Section 182(a)(3)(B) of the CAA requires each state with ozone
nonattainment areas to submit a SIP revision requiring annual emissions
statements to be submitted to the state by the owner or operator of
[[Page 48038]]
each NOX or VOC stationary source \2\ located within a
nonattainment area showing the actual emissions of NOX and
VOC from that source. The first statement is due three years from the
area's nonattainment designation, and subsequent statements are due at
least annually thereafter. Section 182(a)(1) of the CAA requires states
with areas designated nonattainment for the ozone NAAQS to submit a SIP
revision providing a comprehensive, accurate, and current inventory of
actual emissions from all sources of the relevant pollutant or
pollutants in such area. NOX and VOCs are the relevant
pollutants because they are the precursors of ozone.
---------------------------------------------------------------------------
\2\ A state may waive the emission statement requirement for any
class or category of stationary sources which emit less than 25 tons
per year of VOCs or NOX if the state meets the
requirements of section 182(a)(3)(B)(ii).
---------------------------------------------------------------------------
On February 6, 2015, Georgia submitted a SIP revision addressing
the emissions inventory and emissions statements requirements related
to the 2008 8-hour ozone NAAQS for the Atlanta Area.\3\ EPA is now
taking action to approve this SIP revision as meeting the requirements
of sections 110, 182(a)(1), and 182(a)(3)(B) of the CAA.\4\ More
information on EPA's analysis of Georgia SIP revision and how this SIP
revision addresses these requirements is provided below.
---------------------------------------------------------------------------
\3\ Georgia's SIP revision also certifies that its SIP-approved
state regulation addressing nonattainment new source review for all
new stationary sources and modified existing stationary sources in
the Atlanta Area, 391-3-1-.03(8)--Permit Requirements, exceeds the
requirements of section 182(a)(2)(C) for the 2008 8-hour ozone
NAAQS. However, EPA does not believe that the two-year deadline
contained in CAA section 182(a)(2)(C)(i) applies to nonattainment
NSR SIPs for implementing the 8-hour ozone NAAQS. See 80 FR 12264,
12267 (March 6, 2015); 70 FR 71682, 71683 (November 29, 2005). The
submission of NSR SIPs due on November 15, 1992, satisfied the
section 182(a)(2)(C)(i) requirement for states to submit NSR SIP
revisions to meet the requirements of CAA sections 172(c)(5) and 173
within two years after the date of enactment of the 1990 CAA
Amendments. Id.
---------------------------------------------------------------------------
II. Analysis of State's Submittal
a. Base Year Emission Inventory
As discussed above, section 182(a)(1) of the CAA requires areas to
submit a comprehensive, accurate, and current inventory of actual
emissions from all sources of the relevant pollutant or pollutants in
each ozone non-attainment area. The section 182(a)(1) base year
inventory is defined in the SIP Requirements Rule as ``a comprehensive,
accurate, current inventory of actual emissions from sources of VOC and
NOX emitted within the boundaries of the nonattainment area
as required by CAA section 182(a)(1).'' See 40 CFR 51.1100(bb). The
inventory year must be selected consistent with the baseline year for
the RFP plan as required by 40 CFR 51.1110(b),\5\ and the inventory
must include actual ozone season day emissions as defined in 40 CFR
51.1100(cc) \6\ and contain data elements consistent with the detail
required by 40 CFR part 51, subpart A. See 40 CFR 51.1115(a), (c), (e).
In addition, the point source emissions included in the inventory must
be reported according to the point source emissions thresholds of the
Air Emissions Reporting Requirements (AERR) in 40 CFR part 51, subpart
A. 40 CFR 51.1115(d).
---------------------------------------------------------------------------
\5\ 40 CFR 51.1110(b) states that ``at the time of designation
for the 2008 ozone NAAQS the baseline emissions inventory shall be
the emissions inventory for the most recent calendar year for which
a complete triennial inventory is required to be submitted to EPA
under the provisions of subpart A of this part. States may use an
alternative baseline emissions inventory provided the state
demonstrates why it is appropriate to use the alternative baseline
year, and provided that the year selected is between the years 2008
to 2012.''
\6\ ``Ozone season day emissions'' is defined as ``an average
day's emissions for a typical ozone season work weekday. The state
shall select, subject to EPA approval, the particular month(s) in
the ozone season and the day(s) in the work week to be represented,
considering the conditions assumed in the development of RFP plans
and/or emissions budgets for transportation conformity.'' 40 CFR
51.1100(cc).
---------------------------------------------------------------------------
Georgia selected 2011 as the base year for the emissions inventory
which is the year corresponding with the first triennial inventory
under 40 CFR part 51, subpart A. This base year is one of the three
years of ambient data used to designate the Area as a nonattainment
area and therefore represents emissions associated with nonattainment
conditions. The emissions inventory is based on data developed and
submitted by GA EPD to EPA's 2011 National Emissions Inventory (NEI),
and it contains data elements consistent with the detail required by 40
CFR part 51, subpart A.\7\
---------------------------------------------------------------------------
\7\ Data downloaded from the EPA Emissions Inventory System
(EIS) from the 2011 NEI was subjected to quality assurance
procedures described under quality assurance details under 2011 NEI
Version 1 Documentation located at https://www.epa.gov/ttn/chief/net/2011inventory.html#inventorydoc. The quality assurance and quality
control procedures and measures associated with this data are
outlined in the State's EPA-approved Emission Inventory Quality
Assurance Project Plan.
---------------------------------------------------------------------------
Georgia's emissions inventory for the Atlanta Area provides 2011
typical average summer day emissions for NOX and VOCs for
the following general source categories: Electric generating unit (EGU)
point sources, non-EGU point sources, nonpoint sources, on-road mobile
sources, non-road mobile sources, fire events, and biogenics. The
summer day emissions were calculated as the average of emissions during
weekdays in July 2011. A detailed discussion of the inventory
development is located at pages 1 through 7 of the document entitled
``Atlanta Nonattainment Area Emissions Inventory for the 2008 8-Hour
Ozone NAAQS'' (Inventory Document) in the State's February 6, 2015
submittal and Appendix A of that submittal which is provided in the
docket for this action. The table below provides a summary of the
emissions inventory.
Table 1--2011 Emissions for the Atlanta Area
[Tons per summer day]
--------------------------------------------------------------------------------------------------------------------------------------------------------
County Point-EGU Point-non-EGU Nonpoint On-road Non-road
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX VOC NOX VOC NOX VOC NOX VOC NOX VOC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bartow.................................... 16.85 0.70 0.54 0.36 0.17 4.09 11.18 4.52 3.48 2.22
Cherokee.................................. 0.00 0.00 0.09 0.24 0.12 5.36 8.53 4.73 3.49 2.72
Clayton................................... 0.00 0.00 0.28 0.73 0.19 7.01 11.60 5.86 15.84 4.33
Cobb...................................... 8.84 0.10 0.57 0.74 0.69 20.49 26.86 15.83 11.15 10.26
Coweta.................................... 19.45 0.21 0.09 0.16 0.12 3.71 6.67 2.94 2.39 1.17
DeKalb.................................... 0.00 0.00 0.35 3.00 0.65 20.51 29.24 14.29 7.68 4.25
Douglas................................... 0.00 0.00 0.00 0.00 0.08 4.12 6.39 3.09 1.56 0.80
Fayette................................... 0.00 0.00 0.02 0.07 0.09 2.92 3.86 2.42 1.96 1.67
Forsyth................................... 0.00 0.00 0.07 0.25 0.11 4.72 7.62 3.89 3.36 4.27
Fulton.................................... 0.00 0.00 1.18 0.68 1.38 26.97 47.49 21.46 17.53 10.06
[[Page 48039]]
Gwinnett.................................. 0.00 0.00 0.00 0.16 0.67 24.03 30.64 16.74 14.37 13.97
Henry..................................... 0.00 0.00 6.11 1.54 0.11 4.67 9.86 4.61 4.03 1.87
Newton.................................... 0.00 0.00 0.07 1.06 0.10 3.08 6.49 3.71 1.70 1.15
Paulding.................................. 0.00 0.00 0.00 0.00 0.07 3.05 4.41 2.61 2.20 0.95
Rockdale.................................. 0.00 0.00 0.14 0.35 0.09 2.34 4.14 1.92 1.19 0.88
-------------------------------------------------------------------------------------------------------------
Total................................. 45.14 1.01 9.49 9.35 4.63 137.06 214.98 108.62 91.92 60.56
--------------------------------------------------------------------------------------------------------------------------------------------------------
The emissions reported for the Atlanta Area reflect the emissions
for the 15 counties in the nonattainment area. The inventory contains
point source emissions data for facilities located within the Area
based on Geographic Information Systems (GIS) mapping. More detail on
the emissions for individual sources categories is provided below and
in Appendix A of the Georgia submittal.
Point sources are large, stationary, identifiable sources of
emissions that release pollutants into the atmosphere. The EGU point
sources emissions inventory was developed from facility-specific
emissions data. NOX emissions were calculated using
continuous emissions monitoring system data which included hourly
measurements. For VOC emissions, GA EPD used facility-specific
emissions data reported to the 2011 NEI. These sources are required to
submit inventory data according to the AERR. The non-EGU point source
emissions inventory for the Atlanta Area was developed from non-EGU
facility-specific data reported to the 2011 NEI. These sources are
required to submit inventory data according to the AERR. The point
source emissions data meets the point source emissions thresholds of 40
CFR part 51, subpart A. A detailed account of the non-EGU point sources
can be found on pages 8 through 12 of the Inventory Document in the
Georgia submittal.
Nonpoint sources are small emission stationary sources which, due
to their large number, collectively have significant emissions (e.g.,
dry cleaners, service stations). Emissions for these sources were
obtained from the 2011 NEI. A detailed account of the nonpoint sources
can be found in Appendix B and page 2 of the Inventory Document in the
Georgia submittal.
On-road mobile sources include vehicles used on roads for
transportation of passengers or freight. Georgia developed its on-road
emissions inventory using EPA's Motor Vehicle Emissions Simulator
(MOVES) model for each ozone nonattainment county.\8\ County level on-
road modeling was conducted using county-specific vehicle population
and other local data. A detailed account of the on-road sources can be
found in Appendix D and page 3 of the Inventory Document in the Georgia
submittal.
---------------------------------------------------------------------------
\8\ Georgia used MOVES version 2010b because this was the latest
version available at the time that the State submitted its SIP
revision.
---------------------------------------------------------------------------
Non-road mobile sources include vehicles, engines, and equipment
used for construction, agriculture, recreation and other purposes that
do not use the roadways (e.g., lawn mowers, construction equipment,
railroad locomotives and aircraft). Georgia obtained emissions for the
non-road mobile sources from the 2011 NEI. Those emissions were
estimated using National Mobile Inventory Model (NMIM) with updated
NMIM County Database (NCD) files from GA EPD. A detailed account of the
non-road mobile sources can be found in Appendix D of the February 6,
2015, submittal.
Georgia included 2011 actual emissions from fire events and
biogenic sources in its emissions inventory. Wildland fires are
unplanned, unwanted wild land fires including unauthorized human-caused
fires, escaped prescribed fire projects, or other inadvertent fire
situations where the objective is to put the fire out. Prescribed fires
are any fires ignited by management actions to meet specific objectives
related to the reduction of the biomass potentially available for
wildfires. Fire event emissions were developed by GA EPD using fire
records collected from the Georgia Forestry Commission (GFC), when fire
activities were not included in the GFC database, military bases and
federal agencies (USFS and FWS) records were used. In addition, GA EPD
collected detailed burning records for the Okefenokee area which showed
burned area per day. A detailed account of fire event sources can be
found in Appendix A and on page 4 of the Inventory Document in the
Georgia submittal.
Biogenic emission sources are emissions that come from natural
sources. GA EPD obtained biogenic emissions for 2011 from the 2011 NEI
and used the summary of county-specific daily biogenic emissions.\9\ A
detailed account of biogenic sources can be found in Appendix A and on
page 4 of the Inventory Document in the Georgia submittal. The table
below provides a summary of the 2011 fire event and biogenic emissions
for the Atlanta Area.
---------------------------------------------------------------------------
\9\ The emissions were calculated from the Biogenic Emission
Inventory System (BEIS) version 3.14 model in the Sparse Matrix
Operator Kernel Emissions model (SMOKE) with 2011 meteorological
data from the Weather Research Forecasting (WRF) Model.
Table 2-2011--Fire Event and Biogenic Emissions for the Atlanta Area
[Tons per summer]
------------------------------------------------------------------------
Fire events Biogenic
County -------------------------------------------
NOX VOC NOX VOC
------------------------------------------------------------------------
Bartow...................... 0.00 0.00 0.34 88.53
Cherokee.................... 0.00 0.00 0.17 85.92
Clayton..................... 0.00 0.00 0.19 32.40
[[Page 48040]]
Cobb........................ 0.00 0.00 0.31 63.54
Coweta...................... 0.00 0.00 0.26 83.79
DeKalb...................... 0.00 0.00 0.20 46.69
Douglas..................... 0.00 0.00 0.15 49.86
Fayette..................... 0.00 0.00 0.18 46.12
Forsyth..................... 0.00 0.00 0.18 47.93
Fulton...................... 0.00 0.00 0.30 77.42
Gwinnett.................... 0.00 0.00 0.38 76.09
Henry....................... 0.00 0.00 0.25 53.31
Newton...................... 0.00 0.00 0.20 56.67
Paulding.................... 0.00 0.00 0.17 66.80
Rockdale.................... 0.00 0.00 0.18 39.80
-------------------------------------------
Total................... 0.00 0.00 3.45 914.88
------------------------------------------------------------------------
For the reasons discussed above, EPA has determined that Georgia's
emissions inventory meets the requirements under CAA section 182(a)(1)
and the SIP Requirements Rule for the 2008 8-hour ozone NAAQS.
b. Emissions Statements
Pursuant to section 182(a)(3)(B), states with ozone nonattainment
areas must require annual emissions statements from NOX and
VOC stationary sources within those nonattainment areas. In 1996, EPA
incorporated Georgia's regulation 391-3-1-.02(6)(a)4, Emissions
Statements, into the SIP. See 61 FR 3819 (February 2, 1996). At that
time, this regulation applied to stationary sources within Cherokee,
Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton,
Gwinnett, Henry, Paulding, and Rockdale Counties. Georgia subsequently
amended the regulation to, among other things, include Bartow and
Newton Counties thereby covering the entire Atlanta Area. EPA
incorporated these amendments into the SIP in 2009. See 74 FR 62249
(November 27, 2009). In its February 6, 2015, SIP revision, Georgia
certified that this SIP-approved regulation 391-3-1-.02(6)(a)(4) meets
the requirements of section 182(a)(3)(B) for the Area.\10\
---------------------------------------------------------------------------
\10\ As discussed in the preamble to the SIP Requirements Rule,
a state may rely on emissions statement rules in force and approved
by EPA for the 1997 ozone NAAQS or the 1-hour ozone NAAQS provided
that the rules remain adequate and cover all portions of the 2008
ozone NAAQS nonattainment areas. See 80 FR 12291.
---------------------------------------------------------------------------
III. Final Action
EPA is approving the SIP revision submitted by Georgia on February
6, 2015, addressing the base year emissions inventory and emissions
statement requirements for the 2008 8-hour ozone NAAQS for the Atlanta
Area. EPA has concluded that the State's submission meets the
requirements of sections 110 and 182 of the CAA. EPA is publishing this
rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments.
However, in the proposed rules section of this Federal Register
publication, EPA is publishing a separate document that will serve as
the proposal to approve the SIP revision should adverse comments be
filed. This rule will be effective October 13, 2015 without further
notice unless the Agency receives adverse comments by September 10,
2015.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All adverse comments received will then be addressed
in a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on October 13, 2015 and no
further action will be taken on the proposed rule.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, the Agency may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because
[[Page 48041]]
application of those requirements would be inconsistent with the CAA;
and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
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. EPA will submit a report containing this action 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 publication of the rule in the Federal Register. 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 October 13, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: July 30, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart L--Georgia
0
2. Section 52.570(e), is amended by adding an entry for ``Atlanta 2008
8-hour Ozone Marginal Area Requirements'' at the end of the table to
read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State
submittal
Name of nonregulatory SIP provision Applicable geographic date/ EPA Approval date Explanation
or nonattainment area effective
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Atlanta 2008 8-hour Ozone Marginal Bartow, Cherokee, 2/6/15 8/11/15; [Insert ...........
Area Requirements. Clayton, Cobb, Coweta, citation of
DeKalb, Douglas, publication].
Fayette, Forsyth,
Fulton, Gwinnett,
Henry, Newton,
Paulding, and Rockdale
Counties.
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[FR Doc. 2015-19728 Filed 8-10-15; 8:45 am]
BILLING CODE 6560-50-P
