Air Plan Approval; GA: Non-Interference Demonstration and Maintenance Plan Revision for the Removal of Transportation Control Measures in the Atlanta Area, 39135-39145 [2020-12691]
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TABLE 1—PROPOSED ACTION ON ARKANSAS INFRASTRUCTURE AND TRANSPORT SIP SUBMITTALS FOR THE 2015 OZONE
NAAQS—Continued
Element
Proposed
action
(E)(i): Adequate resources ..................................................................................................................................................................
(E)(ii): State boards .............................................................................................................................................................................
(E)(iii): Necessary assurances with respect to local agencies ...........................................................................................................
(F): Stationary source monitoring system ...........................................................................................................................................
(G): Emergency power ........................................................................................................................................................................
(H): Future SIP revisions .....................................................................................................................................................................
(I): Nonattainment area plan or plan revisions under part D ..............................................................................................................
(J)(i): Consultation with government officials ......................................................................................................................................
(J)(ii): Public notification ......................................................................................................................................................................
(J)(iii): PSD ..........................................................................................................................................................................................
(J)(iv): Visibility protection ...................................................................................................................................................................
(K): Air quality modeling and data ......................................................................................................................................................
(L): Permitting fees ..............................................................................................................................................................................
(M): Consultation and participation by affected local entities .............................................................................................................
A
A
A
A
A
A
+
A
A
A
+
A
A
A
Key to Table 1:
A: Proposing to Approve.
+: Not germane to infrastructure SIPs.
SA: EPA is acting on this infrastructure requirement in a separate rulemaking action.
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Based upon review of the State’s
infrastructure SIP submission and
relevant statutory and regulatory
authorities and provisions referenced in
this submission or referenced in the
EPA-approved Arkansas SIP, EPA
believes that Arkansas has the
infrastructure in place to address all
applicable required elements of CAA
sections 110(a)(1) and (2), except as
noted above, to ensure that the 2015 O3
NAAQS is implemented in the State.
We are also proposing to approve the
submitted changes to Regulation 19
Definitions and Appendix B that
reference the 2015 ozone NAAQS.
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.
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 proposes to approve 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
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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
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).
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 proposed rule does not
have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
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specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 16, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
[FR Doc. 2020–13427 Filed 6–29–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0661; FRL–10010–
47–Region 4]
Air Plan Approval; GA: NonInterference Demonstration and
Maintenance Plan Revision for the
Removal of Transportation Control
Measures in the Atlanta Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by Georgia, through
the Georgia Environmental Protection
Division (GA EPD), on September 16,
2019, for the purpose of removing
certain transportation control measures
(TCMs) from thirteen counties in the
Atlanta, Georgia area. EPA is also
proposing to approve Georgia’s update
to the 2008 8-hour ozone maintenance
SUMMARY:
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plan that was submitted in the
September 16, 2019, SIP revision.
Specifically, EPA is proposing to
approve updates to the mobile
emissions inventory, the associated
2030 motor vehicle emissions budgets
(MVEBs), and measures offsetting the
potential emissions increases due to
removal of the TCMs from the Georgia
SIP. EPA’s preliminary analysis
indicates that this SIP revision would
not interfere with attainment or
maintenance of any national ambient air
quality standards (NAAQS or standards)
or any other Clean Air Act (CAA or Act)
requirements.
DATES: Comments must be received on
or before July 30, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2019–0661 at
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www2.epa.gov/dockets/commentingepa-dockets.
FOR FURTHER INFORMATION CONTACT:
Dianna Myers, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
9207. Ms. Myers can also be reached via
electronic mail at myers.dianna@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. EPA’s Proposed Action
A. What action is EPA proposing?
EPA is proposing to approve the
removal of certain TCMs 1 applicable in
1 See section I.D. for a discussion of the TCMs for
which Georgia has requested removal. Georgia is
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thirteen counties within the Atlanta
Area 2 from Georgia’s SIP. EPA is also
proposing to approve Georgia’s update
to the 2008 8-hour ozone maintenance
plan that was submitted in the
September 16, 2019, SIP revision.
Specifically, EPA is proposing to
approve updates to the mobile
emissions inventory and the associated
MVEBs in the 2008 8-hour ozone
Maintenance Plan, and measures
offsetting the potential emissions
increases due to removal of the TCMs
from the Georgia SIP. In addition, EPA
is proposing to find that removing the
TCMs from the Atlanta Area would not
interfere with attainment or
maintenance of any NAAQS, reasonable
further progress (RFP), or with any other
applicable requirement of the CAA.
B. What is the background of the
Atlanta area?
On November 6, 1991 (56 FR 56694),
EPA designated and classified the
following counties in the Atlanta Area
as a serious ozone nonattainment area
for the 1-hour ozone NAAQS: Cherokee,
Clayton, Cobb, Coweta, DeKalb,
Douglas, Fayette, Forsyth, Fulton,
Gwinnett, Henry, Paulding, and
Rockdale (the Atlanta 1979 1-hour
ozone Area). TCMs were implemented
in the 13-counties comprising the
Atlanta 1979 1-hour ozone Area. See
Table 2–1 in the September 16, 2019,
SIP revision. Because the Atlanta 1979
1-hour ozone Area failed to attain the 1hour ozone NAAQS by November 15,
1999, EPA issued a final rulemaking
action on September 26, 2003, to
reclassify or ‘‘bump up,’’ the area to a
severe ozone nonattainment area. See 68
FR 55469. Subsequently, the Atlanta
1979 1-hour ozone Area attained the 1hour ozone NAAQS, and thus EPA
redesignated the nonattainment area to
attainment for the 1-hour ozone
NAAQS. See 70 FR 34660 (June 15,
2005). The 1979 1-hour ozone NAAQS
was revoked, effective June 15, 2005.
See 69 FR 23951 (April 30, 2004).
On April 30, 2004 (69 FR 23858), EPA
designated the following 20 counties in
removing all TCMs except for the Intersection
Upgrade TCM, which will remain in the Georgia
SIP. However, for this SIP revision and noninterference demonstration, Georgia was
conservative by modeling removal of all the TCMs.
2 The Atlanta Area consists of the following 20
counties: Barrow, Bartow, Carroll, Cherokee,
Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette,
Forsyth, Fulton, Gwinnett, Hall, Henry, Newton,
Paulding, Rockdale, Spalding, and Walton. As
discussed further in section I.B., this area
encompasses the 13-county 1-hour Atlanta Area for
the 1979 ozone NAAQS, the 20-county 8-hour
Atlanta Area for the 1997 ozone NAAQS, the 15county 8-hour Atlanta Area for the 2008 ozone
NAAQS, and the 7-county 8-hour Atlanta Area for
the 2015 ozone NAAQS.
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the Atlanta Area as a marginal
nonattainment area for the 1997 8-hour
ozone NAAQS: Barrow, Bartow, Carroll,
Cherokee, Clayton, Cobb, Coweta,
DeKalb, Douglas, Fayette, Forsyth,
Fulton, Gwinnett, Hall, Henry, Newton,
Paulding, Rockdale, Spalding, and
Walton (Atlanta 1997 8-hour ozone
Area). The Atlanta 1979 1-hour ozone
Area is a sub-set of this 20-county area.
EPA reclassified the Atlanta 1997 8hour ozone Area as a moderate
nonattainment area on March 6, 2008,
because the area failed to attain the 1997
8-hour ozone NAAQS by the required
attainment date of June 15, 2007. See 73
FR 12013. Subsequently, the Atlanta
1997 8-hour ozone Area attained the
1997 8-hour ozone standard, and on
December 2, 2013, EPA redesignated the
Atlanta 1997 8-hour ozone Area to
attainment for the 1997 8-hour ozone
NAAQS. See 78 FR 72040. The 1997 8hour ozone NAAQS was revoked,
effective April 6, 2015. See 80 FR 12264
(March 6, 2015).
On May 21, 2012 (77 FR 30088), EPA
designated the following 15-counties as
marginal nonattainment for the 2008 8hour ozone NAAQS: Bartow, Cherokee,
Clayton, Cobb, Coweta, DeKalb,
Douglas, Fayette, Forsyth, Fulton,
Gwinnett, Henry, Newton, Paulding,
and Rockdale (Atlanta 2008 8-hour
ozone Area). The Atlanta 1979 1-hour
ozone Area is sub-set of the Atlanta
2008 8-hour ozone Area. The Atlanta
2008 8-hour ozone Area did not attain
the 2008 8-hour ozone NAAQS by the
attainment date of July 20, 2015, and
therefore on May 4, 2016, EPA
reclassified the area from a marginal
nonattainment area to a moderate
nonattainment area for the 2008 8-hour
ozone standard. See 81 FR 26697.
Subsequently, on July 14, 2016, the
Atlanta 2008 8-hour ozone Area attained
the 2008 8-hour ozone standard. See 81
FR 45419. EPA redesignated the Atlanta
2008 8-hour ozone Area to attainment
for the 2008 8-hour ozone NAAQS. See
82 FR 25523.
On October 26, 2015, EPA revised the
8-hour ozone standard from 0.075 parts
per million (ppm) to 0.070 ppm. See 80
FR 65292. Subsequently, on June 4,
2018 (83 FR 25776), EPA designated the
following seven Atlanta counties as
marginal nonattainment for the 2015 8hour ozone NAAQS: Bartow, Clayton,
Cobb, Dekalb, Fulton, Gwinnett and
Henry (Atlanta 2015 8-hour ozone
Area). The seven counties comprising
the Atlanta 2015 8-hour ozone Area
were also part of the 13-county Atlanta
1979 1-hour ozone Area. Areas
designated as marginal nonattainment
must attain the standard by August 3,
2021. Although the attainment date is
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August 3, 2021, marginal areas must
show attainment using air quality data
for years 2018 through 2020.
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C. What is the background of the TCMs?
CAA section 108(f) contains
information related to processes,
procedures, and methods that can be
used by states and transportation
planning agencies to reduce or control
transportation and mobile source related
pollutants and includes a noncomprehensive list of transportation
control measures.
Section 93.101 of the transportation
conformity rule at 40 CFR part 93
defines a TCM as: Any measure that is
specifically identified and committed to
in the applicable implementation plan,
including a substitute or additional
TCM that is incorporated into the
applicable SIP through the process
established in CAA section 176(c)(8),
that is either one of the types listed in
CAA section 108(f), or any other
measure for the purpose of reducing
emissions or concentrations of air
pollutants from transportation sources
by reducing vehicle use or changing
traffic flow or congestion conditions.
Notwithstanding the first sentence of
this definition, vehicle technologybased, fuel-based, and maintenancebased measures which control the
emissions from vehicles under fixed
traffic conditions are not TCMs for the
purposes of this subpart.
D. Why is EPA proposing this action?
On September 16, 2019, Georgia
submitted a SIP revision, requesting
removal of certain TCMs from the
Georgia SIP. The following TCMs have
been approved into the Georgia SIP:
High Occupancy Vehicle (HOV) Lanes;
High Occupancy Toll (HOT) Lanes;
Atlantic Station; Express Bus Routes;
Improvements/Expansion of Bus
Service; Park and Ride Lots; Transit
Signal Preemption; Clean Fuel Buses;
Clean Fuels Revolving Loan Program;
Intersection Upgrade, Coordination and
Computerization; ATMS/Incident
Management; Regional Commute
Options & HOV Marketing;
Transportation Management
Associations (TMAs); Transit
Incentives; and University Rideshare
Programs. See 63 FR 23387 (April 29,
1998), 63 FR 34300 (June 24, 1998), 64
FR 13348 (March 18, 1999), 64 FR 20186
(April 26, 1999), 65 FR 52028 (August
28, 2000), 77 FR 24397 (April 24, 2012),
and Table 1, Appendix A, Table 2–1 and
Table 2–2 of Georgia’s September 16,
2019 SIP Revision. Georgia is requesting
removal of all the TCMs that are
approved into the SIP except for
Intersection Upgrade, Coordination and
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Computerization. See September 16,
2019, SIP Revision.
Georgia’s September 16, 2019, SIP
revision also includes a noninterference demonstration to support
the State’s request to remove TCMs
implemented in the Atlanta Area from
Georgia’s SIP. Georgia’s September 16,
2019, SIP revision evaluates the Atlanta
2008 8-hour ozone Area, which
encompasses the smaller Atlanta 1979
1-hour ozone and Atlanta 2015 8-hour
ozone Areas. Georgia’s demonstration
also includes an evaluation of the
impact that removing the TCMs would
have on the Atlanta Area’s ability to
maintain the ozone NAAQS.
Additionally, Georgia’s demonstration
also evaluates whether the removal of
the TCMs would interfere with the
ability of the Atlanta 2015 8-hour ozone
Area to attain the ozone NAAQS by
August 3, 2021, which is the attainment
date for areas classified as marginal, or
any of the other applicable NAAQS.
Georgia’s SIP revision updates the
2008 8-hour ozone maintenance plan 3
to support the State’s request for
removal of most of the TCMs for the
Georgia SIP.4 To revise the SIP and
make the demonstration of noninterference, Georgia completed a
technical analysis, including using
EPA’s Motor Vehicle Emissions
Simulator (MOVES2014a) to project the
change in emissions that would result
from removing the TCMs from the
Atlanta Area. The 2014 attainment base
year mobile emissions were taken
directly from the 2008 maintenance SIP,
and future-year on-road mobile source
emissions estimates for 2020, 2030, and
2040 were modeled with and without
the TCMs. Georgia interpolated years
2025 and 2035 to further illustrate the
downward trend in emissions. Georgia
selected years 2020, 2030, and 2040
because these years are used by the
Atlanta Regional Commission (ARC) in
Atlanta’s transportation conformity
determinations. The July 18, 2016,
3 On August 15, 2018, Georgia submitted a
request to revise and update the 2008 8-hour ozone
maintenance plan to relax the federal Reid Vapor
Pressure (RVP) requirements from 7.8 to 9.0 pounds
per square inch (psi) RVP. On September 20, 2019,
EPA published final approval allowing for a change
for the federal RVP requirements. See 84 FR 49470.
The approval of the August 15, 2018 SIP revision
and change to the federal RVP requirements
updated Georgia’s mobile emissions inventory and
MVEBs which are the basis for Georgia’s September
16, 2019 submittal.
4 For more detailed information on the current
approved maintenance plan and revisions, see
EPA’s December 23, 2016 (81 FR 94283) proposed
approval of Georgia’s maintenance plan and EPA’s
February 12, 2019 (84 FR 3358) proposed approval
of the relaxation of the federal RVP requirements.
On April 23, 2019 (84 FR 16786), EPA approved the
revision to the 2008 8-hour ozone maintenance
plan.
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39137
maintenance plan and the subsequent
August 15, 2018, revision showed
compliance with and maintenance of
the 2008 8-hour ozone NAAQS until the
2030 outyear by providing information
to support the demonstration that
current and future emissions of nitrogen
oxides (NOX) and volatile organic
compounds (VOC) remained at or below
the 2014 base year emissions inventory.
Further discussions on the
demonstration of non-interference for
the 2015 8-hour ozone NAAQS and the
other pollutants are provided later in
the proposal.
EPA has evaluated Georgia’s
September 16, 2019, SIP revision and is
proposing to approve the SIP revision
removing the TCMs from the SIP and
revising the maintenance plan for the
Atlanta 2008 8-hour ozone Area. The
Agency is also making the preliminary
determination that removing the TCMs
from the Georgia SIP would not interfere
with attainment or maintenance of any
NAAQS or with any other applicable
requirement of the CAA in the Atlanta,
Area. EPA’s section 110(l) analysis of
the non-interference demonstration
included as a part of Georgia’s
September 16, 2019, SIP revision is
provided below.
E. What are the Section 110(l)
requirements?
Section 110(l) requires that a revision
to the SIP not interfere with any
applicable requirement concerning
attainment and RFP (as defined in
section 171), or any other applicable
requirement of the Act. The mobile
emissions modeling associated with
Georgia’s maintenance plan for the 2008
8-hour ozone NAAQS was premised
upon the future-year emissions
estimates for 2020 5 which includes the
emission reductions from the various
TCMs in the Georgia SIP for the Atlanta
Area. To approve Georgia’s request to
remove the TCMs in the Atlanta Area,
EPA must conclude that requested
change will satisfy section 110(l) of the
CAA. In Georgia’s September 16, 2019,
SIP revision, the State’s modeling
includes the same future years as the
original 2008 8-hour ozone maintenance
plan but is now based on the federal 9.0
psi RVP limit and removal of the TCMs.
In the absence of an attainment
demonstration, to demonstrate no
interference with any applicable
NAAQS or requirement of the CAA
5 As discussed below, 2020 was chosen because
the attainment date for the Atlanta 2015 8-hour
ozone Area to attain the ozone standard is August
3, 2021, based on data from 2018 through 2020.
Further, Georgia anticipated that 2020 was the first
year that it could cease implementation of the
TCMs.
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under section 110(l), EPA believes it is
appropriate to allow states to substitute
equivalent emissions reductions to
compensate for any change to a SIPapproved program, if actual emissions
in the air are not increased.
‘‘Equivalent’’ emissions reductions are
reductions that are equal to or greater
than those reductions achieved by the
control measure approved in the SIP. To
show that compensating emissions
reductions are equivalent, adequate
justification must be provided. The
compensating, equivalent reductions
should represent actual emissions
reductions achieved in a
contemporaneous time frame to the
change of the existing SIP control
measure in order to preserve the status
quo level of emission in the air. If the
status quo is preserved, non-interference
is demonstrated. In addition to being
contemporaneous, the equivalent
emissions reductions should also be
permanent, enforceable, quantifiable,
and surplus. The offset measures are
described in Section I.M. of this notice.
EPA evaluates each section 110(l)
non-interference demonstration on a
case-by-case basis considering the
circumstances of each SIP revision. EPA
interprets 110(l) as applying to all
NAAQS that are in effect, including
those for which SIP submissions have
not been made. The degree of analysis
focused on any NAAQS in a noninterference demonstration varies
depending on a number of relevant
factors, including the nature of the
emissions associated with the proposed
SIP revision. EPA’s section 110(l)
analysis of the non-interference
demonstration included as part of
Georgia’s September 16, 2019, SIP
revision is provided below.
F. Proposed Analysis of Georgia’s NonInterference Demonstration
As mentioned above, on September
16, 2019, Georgia submitted a noninterference demonstration to support
the State’s request to remove several
TCMs implemented in the Atlanta Area
from the Georgia SIP. Georgia is
currently in attainment for all
particulate matter (PM), sulfur dioxide
(SO2), nitrogen dioxide (NO2), carbon
monoxide (CO), and lead (Pb) NAAQS.
GA EPD focused its analysis on the
impact that removing the TCMs would
have on attainment and maintenance of
the ozone standards and ozone
precursors (NOX and VOC). Specifically,
Georgia’s non-interference
demonstration evaluates the Atlanta
2008 8-hour ozone Area, which
encompasses the smaller Atlanta 1979
1-hour ozone Area and the Atlanta 2015
8-hour ozone Area. This demonstration
includes an evaluation of the impact
that removing the TCMs would have on
Atlanta’s ability to maintain the 1997
and 2008 ozone standards. It also
evaluates whether removing the TCMs
would interfere with the ability of the
Atlanta 2015 8-hour ozone Area to
attain the ozone standard by August 3,
2021, which is the attainment date for
areas classified as marginal, or with any
of the other applicable NAAQS.
Although the attainment date is August
3, 2021, marginal areas must show
attainment using air quality data for
years 2018 through 2020.
Additional discussion regarding
VOCs, NOX, and PM is included later in
this section because VOC and NOX
emissions are also precursors for PM,
and NOX is also a precursor for NO2.
G. Non-Interference Analysis for the
Ozone NAAQS
In its non-interference demonstration,
Georgia used EPA’s MOVES2014a
model to develop its projected mobile
emissions inventory according to EPA’s
guidance for on-road mobile sources. As
mentioned in Section I.D, the on-road
mobile source emissions calculations for
2020, 2025 and 2030, 2035, and 2040
were generated with MOVES2014a with
and without the TCMs.6 Georgia used
two categories of methodologies to
calculate emissions from the TCMs: An
activity-based model (ABM) and an offmodel method. The emissions from the
TCM projects calculated with the ABM
were coded directly into the ARC’s
travel demand model then ran through
MOVES2014a. The emissions from the
TCM projects using the off-model
method were added to the MOVES2014a
output. See Appendix B of the submittal
for more details on the methodologies
and the projects identified in each
category.
The information provided by Georgia
indicates that that current and future
emissions of NOX and VOC remained at
or below the 2008 8-hour ozone NAAQS
attainment base year (2014) emissions
inventory, thus showing compliance
with the 2008 8-hour ozone NAAQS.7
The analysis in this proposal will
primarily refer to the year 2020 because
that is the first year Georgia anticipated
it would be able to remove the TCMs,
and 2030 because it is the maintenance
year in the Atlanta 2008 8-hour ozone
Area maintenance plan. In addition, the
emissions trend for year 2020 will be
discussed later in the notice because
attainment for the 2015 8-hour ozone
NAAQS will be based on years 2018
through 2020.
Tables 1 and 2, below, show the direct
impact on the on-road mobile source
emissions from removing the TCMs in
the Atlanta Area. As summarized below,
on-road NOX and VOC emissions
increase when the TCMs are removed.
NOX emissions increased by 0.32 and
0.09 tons per day (tpd) in 2020 and
2030, respectively in the Atlanta 2008 8hour ozone Area. VOC emissions also
increased by 0.49 and 0.27 tpd in 2020
and 2030, respectively in the same area.
As discussed in section I.L. of this
proposal, Georgia has also requested
EPA approve measures to offset these
small increases.
TABLE 1—ON-ROAD NOX EMISSIONS WITH AND WITHOUT TCMS 8
Pollutant and region
Year
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13-county area .....................................................................
6 For additional information on the methodology
used to assess the emissions impacts, see Appendix
B of the September 16, 2019 submittal.
7 The 2014 base year emissions are unchanged
from the 2008 8-hour ozone maintenance plan
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On-road
emissions
with TCMs
(tpd)
2020
2025
2030
2035
2040
76.70
55.74
34.78
29.10
23.42
included in Appendix A of the September 16, 2019,
SIP revision.
8 In this table, the 13-county area refers to the
Atlanta 1979 1-hour ozone Area and the 15-county
area refers to the 2008 8-hour ozone Area. The 2-
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On-road
emissions
without TCMs
(tpd)
77.01
55.94
34.86
29.14
23.42
Emissions
increase
with TCM
removal
(tpd)
0.31
0.20
0.08
0.04
0.00
Emissions
increase
with TCM
removal as
percentage
0.41
0.35
0.23
0.14
0.00
county area is the difference between the Atlanta
1-hour ozone Area and the Atlanta 2008 8-hour
ozone Area. This table reflects how the State
references these areas in their submittal.
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TABLE 1—ON-ROAD NOX EMISSIONS WITH AND WITHOUT TCMS 8—Continued
Pollutant and region
On-road
emissions
with TCMs
(tpd)
Year
2-county area .......................................................................
2020
2025
2030
2035
2040
2020
2025
2030
2035
2040
15-county 9 area ...................................................................
On-road
emissions
without TCMs
(tpd)
9.49
7.16
4.82
4.36
3.90
86.19
62.89
39.46
33.46
27.32
9.50
7.17
4.83
4.37
3.90
86.51
63.10
39.51
33.51
27.32
Emissions
increase
with TCM
removal
(tpd)
0.01
0.01
0.01
0.01
0.00
0.32
0.21
0.09
0.05
0.00
Emissions
increase
with TCM
removal as
percentage
0.11
0.14
0.21
0.12
0.00
0.37
0.33
0.23
0.13
0.00
TABLE 2—ON-ROAD VOC EMISSIONS WITH AND WITHOUT TCMS 10
Pollutant and region
Year
13-county area .....................................................................
2-county area .......................................................................
15-county 11 area .................................................................
khammond on DSKJM1Z7X2PROD with PROPOSALS
On-road
emissions
with TCMs
(tpd)
2020
2025
2030
2035
2040
2020
2025
2030
2035
2040
2020
2025
2030
2035
2040
On-road
emissions
without TCMs
(tpd)
54.14
43.59
33.03
28.69
24.36
4.72
3.83
2.93
2.59
2.26
58.86
47.41
35.96
31.29
26.62
54.63
43.96
33.30
28.93
24.56
4.73
3.83
2.93
2.59
2.26
59.35
47.79
36.23
31.53
26.83
Emissions
increase
with TCM
removal
(tpd)
0.49
0.37
0.27
0.24
0.20
0.01
0.01
0.00
0.00
0.00
0.49
0.38
0.27
0.24
0.21
Emissions
increase
with TCM
removal as
percentage
0.90
0.86
0.81
0.83
0.86
0.21
0.08
0.00
0.00
0.00
0.83
0.80
0.75
0.77
0.79
Although removal of the TCMs from
the Georgia SIP is projected to cause
small increases in ozone precursor
emissions in the Atlanta 2008 8-hour
ozone Area, the volume of those
increases decreases over time. For
instance, emissions of both precursors
increase with removal of the TCMs;
however, the increases decrease over
time from a 0.37 percent increase in
2020 to a 0.23 percent increase in 2030
for NOX emissions, and from a 0.83
percent increase in 2020 down to a 0.75
percent increase in 2030 for VOC
emissions in the 15-county Atlanta 2008
8-hour ozone Area. The overall on-road
emissions for NOX decrease from 86.51
tpd in 2020 to 39.51 tpd in 2030.
Similarly, the overall on-road emissions
for VOC decrease from 59.35 tpd in
2020 to 36.23 tpd in 2030 in the Atlanta
2008 8-hour ozone Area. This indicates
that changes in on-road emissions from
removing the TCMs from the SIP would
not interfere with continued
maintenance of the 2008 8-hour ozone
NAAQS in the Atlanta 2008 8-hour
ozone Area.
Tables 3 and 4, below, show the
impact of TCM removal on NOX and
VOC emissions from all sectors (point,
area, nonroad, and on-road) compared
to the 2014 attainment inventory.
Georgia calculated the change in
emissions from attainment levels with
and without the TCMs and used the
term ‘‘margin’’ to indicate the amount of
the decrease in tpd from attainment
(2014) to the maintenance (2030) and
beyond (2040). The amount of margin
‘‘allotted’’ to TCM removal is the
difference in emissions with and
without the TCMs. Georgia also shows
the allotted difference as a percent.
9 In final calculations for the Atlanta 2008 8-hour
ozone Area, an additional 0.03 tpd is added to these
values to account for the Senior Exemption. Senior
citizens are exempt from the Inspection and
Maintenance (I/M) program testing, and thus 0.03
tpd (based on 2002 emissions comparisons) is used
as a conservative estimate of disbenefit.
10 See footnote 9.
11 In final calculations for the Atlanta 2008 8-hour
ozone Area, an additional 0.05 tpd would be added
to these values to account for the Senior Exemption.
Senior citizens are exempt from the Inspection and
Maintenance (I/M) program testing, and thus 0.05
tpd (based on 2002 emissions comparisons) is used
as a conservative estimate of disbenefit.
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TABLE 3—2014 NOX ATTAINMENT INVENTORY COMPARISON WITH AND WITHOUT TCMS
Year
2014
2020
2025
2030
2035
2040
Total 2014 NOX
attainment
inventory
(Tpd)
.......
.......
.......
.......
.......
.......
Total NOX
emissions
inventory
with TCMs
(tpd)
283.09
283.09
283.09
283.09
283.09
283.09
Current
margin
with TCMs
(NOX)
(tpd)
Total NOX
emissions
inventory
without TCMs
(tpd)
283.09
181.44
153.29
125.14
118.69
112.24
283.09
181.76
153.49
125.23
118.74
112.24
Amount of
margin
allotted to
TCM removal
(tpd)
Margin
without
TCMs (NOX)
(tpd)
0
101.65
129.80
157.95
164.40
170.85
N/A
101.33
129.60
157.86
164.35
170.85
Percent of
margin
allotted to
removal
of TCMs
N/A
0.32
0.21
0.09
0.05
0.00
N/A
0.31
0.16
0.06
0.03
0.00
TABLE 4—2014 VOC ATTAINMENT INVENTORY COMPARISON WITH AND WITHOUT TCMS
Year
2014
2020
2025
2030
2035
2040
Total 2014 VOC
attainment
inventory
(tpd)
.......
.......
.......
.......
.......
.......
Total VOC
emissions
inventory
with TCMs
(tpd)
266.25
266.25
266.25
266.25
266.25
266.25
Total VOC
emissions
inventory
without TCMs
(tpd)
266.25
237.67
226.36
215.06
211.77
208.48
As shown in Table 3, when the TCMs
are removed, the total NOX emissions
increase the most in 2020 by 0.32 tpd,
from 181.44 tpd to 181.76 tpd. In 2030,
NOX emissions increase slightly by 0.09
tpd, from 125.14 tpd to 125.23 tpd when
the TCMs are removed. Although the
removal of TCMs results in small
increases in NOX emissions initially,
overall, total NOX emissions decrease by
170.85 tpd from the attainment year
2014 to 2040. With respect to years 2020
through 2040, total NOX emissions are
less than the attainment year of 2014.
Table 4 shows that the total VOC
emissions increase in 2020 by 0.49 tpd,
from 237.67 tpd to 238.16 tpd. In 2030,
VOC emissions increase by 0.27 tpd,
from 215.06 tpd to 215.33 tpd. Although
there are emissions increases in VOC
when the TCMs are removed, there is an
Current margin
with TCMs
(VOC)
(Tpd)
N/A
238.16
226.74
215.33
212.01
208.69
Amount of
margin
allotted to
TCM removal
(tpd)
Margin
without
TCMs (VOC)
(tpd)
0
28.58
39.89
51.19
54.48
57.77
N/A
28.09
39.51
50.92
54.24
57.56
overall downward trend in emissions
from the 2014 attainment year to the
2030 maintenance year. VOC emissions
decrease from 266.25 tpd in 2014 down
to 208.69 tpd in 2040 an overall
decrease of 57.56 tpd. With respect to
years 2020 through 2040, total VOC
emissions are less than the attainment
year of 2014.
Based on Tables 3 and 4, total NOX
emissions trend downward from 283.09
tpd in 2014 to 125.23 tpd in 2030 with
the TCMs removed. This gives a safety
margin of 157.86 tpd. The VOC safety
margin is 50.92 tpd because of the
downward trend from the 2014
attainment level of 266.25 tpd to 215.33
tpd in 2030 with the TCMs removed. A
safety margin is the difference between
the attainment level of emissions (from
all sources) and the projected level of
Percent of
margin
allotted to
removal
of TCMs
N/A
0.49
0.38
0.27
0.24
0.21
N/A
1.71
0.95
0.53
0.44
0.36
emissions (from all sources) in the
maintenance plan. The decline in total
emissions, including the safety margin,
indicate that changes in on-road
emissions from removing the TCMs
from the SIP would not interfere with
continued maintenance of the 2008 8hour ozone NAAQS in the Atlanta 2008
8-hour ozone Area.
H. Non-Interference Analysis for the
2015 Ozone NAAQS
The current 3-year design value for
2016–2018 for the Atlanta 2015 8-hour
ozone Area is 0.073 ppm.12 The 2015 8hour ozone NAAQS is 0.070 ppm and
this area is currently designated as
marginal nonattainment for this
NAAQS. Table 5, below, shows the
ozone monitoring data from monitoring
stations in Atlanta.
TABLE 5—2016–2018 DESIGN VALUE CONCENTRATIONS FOR ATLANTA (ppm) 13
4th Highest 8-hour ozone value
khammond on DSKJM1Z7X2PROD with PROPOSALS
Location
(county)
Monitoring station
2016
Cobb ....................
Coweta .................
DeKalb .................
Douglas ................
Gwinnett ...............
Henry ...................
Paulding ...............
Rockdale ..............
GA National Guard, McCollum Pkwy. (13–067–0003) ..
University of W Georgia at Newnan (13–077–0002) ....
2390–B Wildcat Road Decatur (13–089–0002) ............
Douglas Co. Water Auth. W Strickland St. (13–097–
0004).
Gwinnett Tech, 5150 Sugarloaf Pkwy. (13–135–0002)
Henry County Extension Office (13–151–0002) ...........
Yorkville, King Farm (13–223–0003) .............................
Conyers Monastery, 2625 GA Hwy. 212 (13–247–
0001).
12 The design value for an area is the highest 3year average of the annual fourth-highest daily
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2016–2018
0.070
0.066
0.074
0.071
0.065
0.057
0.068
0.066
0.065
........................
0.067
0.064
0.066
(14)
0.069
0.067
0.078
0.078
0.067
0.076
0.065
0.067
........................
0.065
0.065
0.069
........................
0.069
0.069
0.071
(15)
0.070
maximum 8-hour concentration recorded at any
monitor in the area.
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3-Year design
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39141
TABLE 5—2016–2018 DESIGN VALUE CONCENTRATIONS FOR ATLANTA (ppm) 13—Continued
4th Highest 8-hour ozone value
Location
(county)
2016
Fulton ...................
Confederate Ave., Atlanta (13–121–0055) ....................
khammond on DSKJM1Z7X2PROD with PROPOSALS
As previously mentioned, the Atlanta
2015 8-hour ozone Area must attain the
2015 8-hour ozone NAAQS by August 3,
2021, with air quality data for years
2018 through 2020.
Marginal areas are not required to
provide attainment demonstrations
because these areas are expected to
attain the standard three years after
being designated nonattainment. As
such, Georgia has decided to
demonstrate non-interference for
removal of the TCMs for the 2015 8hour ozone standard by securing
offsetting, contemporaneous,
compensating, equivalent, emissions
reductions. These emission reductions
are associated with measures that
Georgia has proposed for incorporation
into the SIP through its September 16,
2019, SIP revision and that were
obtained for the Atlanta 2015 8-hour
ozone Area to account for the small
increases due to a removal of the TCMs.
With offsets, EPA believes that
removing the TCMs would not affect
Atlanta’s ability to attain the 2015 8hour ozone NAAQS. A more detailed
discussion regarding Georgia’s ozone
sensitivities and offset calculations for
the Atlanta Area is provided below.
13 These monitoring stations are representative of
the air quality in the entire 2015 8-hour ozone Area
even though not all counties in the area have a
monitoring station. In addition, the table includes
counties (Coweta, Douglas, Paulding, and Rockdale)
that are not located within the Atlanta 2015 8-hour
ozone Area but are located within the Atlanta 2008
8-hour ozone Area.
14 The average of the 2016 and 2017 values for the
Coweta Monitor (13–077–0002) is 0.061. The
monitor was shut down on November 15, 2017. See
GA EPD Addendum to 2018 Ambient Air
Monitoring Plan, available at https://airgeorgia.org/
docs/2018%20Addendum%20to
%20Annual%20Plan.pdf.
15 The value for the Paulding Monitor (13–223–
0003) of 0.067 is the value for 2016 only. The
monitor was shut down on January 31, 2017. See
GA EPD Addendum to 2016 Ambient Air
Monitoring Plan, available at https://airgeorgia.org/
docs/2016%20Addendum
%20to%20Annual%20Plan.pdf.
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0.075
I. Sensitivity of Ozone in the Atlanta
Area to NOX and VOC Emissions
Control of NOX and VOC are generally
considered the most important
components of an ozone control
strategy, and NOX and VOC make up the
largest controllable contribution to
ambient ozone formation. However, the
Atlanta Area has shown a greater
sensitivity of ground-level ozone to NOX
controls rather than VOC controls. This
is due to high biogenic VOC emissions
compared to anthropogenic VOC
emissions in Georgia. Therefore,
implemented control measures have
focused on the control of NOX
emissions. The Atlanta Area is NOX
limited in such a way that changes in
anthropogenic VOC emissions have
little effect on ozone formation.
The Southeastern Modeling Analysis
and Planning (SEMAP) project modeled
sensitivities relative to 2018 emissions
to evaluate the impact of NOX and VOC
reductions on daily 8-hour maximum
ozone concentrations.16 Each emissions
sensitivity run reduced the 2018
anthropogenic NOX or VOC emissions
(point, area, mobile, nonroad, marine/
aircraft/rail) within a specific
geographic region by 30 percent. GA
EPD used the SEMAP project to
examine the normalized sensitivities of
NOX and VOC emissions on 8-hour
daily maximum ozone concentrations
(parts per billion (ppb) ozone/tpd) at
nine ozone monitors in the Atlanta
16 As part of the SEMAP project, Georgia Institute
of Technology performed an analysis of the
sensitivity of ozone concentrations in the Eastern
U.S. to reductions in emissions of both NOX and
VOCs. This analysis was based off the 2007 and
2018 SEMAP modeling which used the Community
Multi-scale Air Quality (CMAQ) model, version
5.01 with updates to the vertical mixing coefficients
and land-water interface. May 1st through
September 30th was modeled using a 12-km
modeling grid that covered the Eastern U.S. Details
of the modeling platform set-up can be found in
Appendix D of the September 16, 2019 SIP
submission.
PO 00000
Frm 00046
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2017
0.074
2018
0.072
2016–2018
0.073
Area.17 In order to look at the impact of
removing the TCMs, Georgia averaged
the normalized sensitivities from the
nine site-specific Atlanta ozone
monitors. The average normalized
sensitivities for NOX and VOC were
¥0.0768 and ¥0.0042 ppb/tpd,
respectively.18 The site-specific
normalized NOX and VOC sensitivities
were applied to the expected emissions
increases due to removing the TCMs.
The emissions increases are based on
2018 values and represent the largest
impact as the emissions increase will
decrease each successive year. A
removal of the TCMs results in an
increase of VOC emissions of 0.49 tpd
in 2020. See Table 3. The TCM removal
also results in an increase of 0.32 tpd of
NOX in 2020 in the Atlanta Area
decreasing over time to near zero by
2040. See Table 4. The corresponding
NOX and VOC emissions increases at
the site-specific ozone monitors, due to
the TCM removal, are found in Table 6
below. The results of the combined NOX
and VOC emissions increases from
removing the TCMs demonstrate there
are minimal increases in ozone
concentrations at the monitors. The
calculated changes in ozone levels are
well below the level of precision of the
ambient ozone monitors (1 ppb or 0.001
ppm).19 Since the corresponding ozone
increase at all nine monitors would only
be seen at the fifth decimal place,20
these small increases could not impact
maintenance or attainment of any ozone
NAAQS.
17 For further details on the approach used to
calculate the normalized sensitivities of NOX and
VOC, please see Appendix D of Georgia’s submittal.
18 See Appendix E–2 of the September 16, 2019
SIP submission for the sensitivity calculations.
19 Ozone concentrations are reported in ppm and
to three decimal places (e.g., 0.070 ppm); any
additional decimal places are truncated.
20 Because the increases in Table 7 are reported
in ppb, the changes are in the 2nd decimal place.
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TABLE 6—EMISSIONS INCREASES DUE TO REMOVAL OF TCMS AND EFFECTS ON OZONE FORMATION
Removal of TCMs
Monitor
khammond on DSKJM1Z7X2PROD with PROPOSALS
Kennesaw ............................................................................
Newnan ................................................................................
Dawsonville ..........................................................................
South Dekalb .......................................................................
Douglasville ..........................................................................
United Ave ...........................................................................
Gwinnett ...............................................................................
McDonough ..........................................................................
Dallas/Yorkville .....................................................................
Conyers ................................................................................
J. Non-Interference Analysis for the
PM2.5 NAAQS
Over the course of several years, EPA
has reviewed and revised the PM2.5
NAAQS several times. On July 18, 1997,
EPA established an annual PM2.5
NAAQS of 15.0 micrograms per cubic
meter (mg/m3), and on April 14, 2005 (70
FR 19844) designated certain counties
in the Atlanta Area as nonattainment for
the 1997 annual PM2.5 NAAQS. These
counties attained the 1997 annual
NAAQS and were redesignated to
attainment on February 24, 2016. See 81
FR 9114. On August 24, 2016, EPA took
final action to revoke the 1997 PM2.5
NAAQS for areas designated attainment
or in maintenance for the standard. See
81 FR 58010.
On September 21, 2006 (71 FR 61144),
EPA retained the 1997 annual PM2.5
NAAQS of 15.0 mg/m3 but revised the
24-hour PM2.5 NAAQS from 65.0 mg/m3
to 35.0 mg/m3. On November 13, 2009,
EPA designated most of the state of
Georgia—including the Atlanta Area—
as unclassifiable/attainment for the 24hour PM2.5 NAAQS. See 74 FR 58688.
On December 14, 2012, EPA
strengthened the annual primary PM2.5
NAAQS from 15.0 mg/m3 to 12.0 mg/m.3
See 78 FR 3086. EPA designated the
state of Georgia—including the Atlanta
Area—as unclassifiable/attainment for
the 2012 annual PM2.5 NAAQS. See 80
FR 2206 (January 15, 2015), 81 FR 61136
(September 6, 2016). The current 2016–
2018 design value for the annual and
24-hour PM2.5 NAAQS are 10.1 and 21.0
mg/m3, respectively.
The recognized precursor pollutants
for PM2.5 are NOX, SO2, VOC, and
ammonia. As mentioned above,
removing the TCMs only results in
small emissions increases of VOC and
21 See
Appendix E of the submission.
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Corresponding
ozone
increase at
monitor
due to NOX
increase 21
(ppb)
2020 NOX
emissions
increase
(tpd)
0.32
0.32
0.32
0.32
0.32
0.32
0.32
0.32
0.32
0.32
K. Non-Interference Analysis for the
2010 NO2 NAAQS
On February 9, 2010 (75 FR 6474),
EPA established a 1-hour NO2 standard
set at 100 ppb. In 1971, an annual
standard was set at a level of 53 ppb and
has remained unchanged. EPA
designated all counties in Georgia as
unclassifiable/attainment for the 2010
NO2 NAAQS on February 17, 2012. See
77 FR 95320. Currently, the 2016–2018
design values for the 2010 1-hour and
annual NO2 NAAQS are 53.0 and 16.3
ppb, respectively, in the Atlanta Area.
Given that the area is well below the
level of the NAAQS, the small NO2
emissions increase from the TCM
removal would not interfere with the
area’s ability to continue to attain the
NAAQS. EPA is proposing to determine
that removing the TCMs from the area
22 See, e.g., Quantifying the sources of ozone, fine
particulate matter, and regional haze in the
Southeastern United States, Journal of
Environmental Engineering (June 24, 2009),
available at: https://www.sciencedirect.com/science/
article/pii/S0301479709001893?via%3Dihub.
Frm 00047
Fmt 4702
Sfmt 4702
2020
VOC
emissions
increase
(tpd)
0.02378
0.02579
0.01991
0.02467
0.02550
0.01959
0.02442
0.02781
0.02218
0.02873
NOX. Moreover, there have been several
studies which have indicated that SO2
is the primary driver of PM2.5 formation
in the Southeast.22
As previously stated, removing the
TCMs does not affect the most
significant PM2.5 precursor (SO2). In
addition, the increases to other PM2.5
precursors—NOX and VOCs—are
negligible. See Section I.G., above.
Based on this and the fact that the
current PM2.5 design values for the
Atlanta Area are below the level of the
2012 annual primary and 2006 24-hour
PM2.5 NAAQS, EPA is proposing to
determine that removing the TCMs for
the affected counties would not interfere
with the Atlanta Area’s attainment or
maintenance of the PM2.5 NAAQS.
PO 00000
Combined
0.49
0.49
0.49
0.49
0.49
0.49
0.49
0.49
0.49
0.49
Corresponding
ozone
increase at
Monitor due
to VOC
increase
(ppb)
Corresponding
ozone
increase at
monitor
(ppb)
0.00221
0.00089
0.00034
0.00285
0.00205
0.00377
0.00127
0.00167
0.00054
0.00152
0.0260
0.0267
0.0203
0.0275
0.0276
0.0234
0.0257
0.0295
0.0227
0.0303
would not interfere with attainment or
maintenance of the 1-hour or annual
NO2 NAAQS.
L. Emissions Increase and Available
Offsets and Measures
As shown in Section 1, Tables 3 and
4, removing the TCMs results in an
increase in NOX emissions in 2020 of
0.32 tpd and 0.49 tpd of VOC. The
ozone season for the Atlanta ozone Area
consists of 245 days per calendar year.
This results in equivalent emissions
increases of 79.06 tons per year (tpy) of
NOX and 121.01 tpy of VOC as shown
below.
0.32 tpd NOX * 245 days/year = 79.06
tpy of NOX
0.49 tpd VOC * 245 days/year = 121.01
tpy of VOC
As discussed above, Table 6, shows
ozone formation in the Atlanta 2008 8hour ozone Area and the sensitivity to
reductions of NOX and VOC emissions.
The Atlanta Area is a NOX limited area;
therefore, the control of NOX emissions
result in greater reductions of ozone
compared to control of VOC emissions.
The maximum VOC emissions increase
resulting from removing the TCMs
results in 0.49 tpd (121.01 tpy). This
increase in VOC emissions can be
converted to an equivalent increase in
NOX emissions. GA EPD multiplied the
VOC emissions increase during ozone
season by the ratio of the average VOC
to NOX normalized ozone sensitivities at
the nine site-specific monitors, as
discussed in Section I.I., to get the
equivalent NOX emissions increase. See
the calculation below.
121.01 tpy VOC * (-0.00427ppb/tpd
VOC)/(-0.07680 ppb/tpd NOX) = 6.62
(VOC equivalent reduction) tpy NOX
By adding the actual NOX emissions
increase during ozone season to the
equivalent NOX emissions increase from
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VOC emissions (VOC equivalent) using
the sensitivity calculation, GA
calculated the amount of NOX offsets
needed to remove the TCMs. See the
calculation below.
79.06 tpy of NOX + 6.62 tpy of NOX
(VOC equivalent reduction) = 85.68
tpy NOX offsets required 23
As mentioned earlier, Georgia is
requesting the removal of all but one
TCM from the SIP (i.e., the Intersection
Upgrade TCM), and therefore does not
need to acquire the entire 85.68 tpy of
NOX offsets. Georgia used the same
sensitivity calculations and ABM and
off-model calculations mentioned in
Section F to show the NOX and VOC
emissions increase associated with the
removal of the TCMs and excluding the
Intersection Upgrade TCM 24 as seen
below.
0.11 tpd NOX * 245 days/year = 27.93
tpy of NOX
0.30 tpd VOC * 245 days/year = 74.30
tpy of VOC
74.30 tpy VOC * (¥0.0042 ppb/tpd
VOC)/(¥0.0768 ppb/tpd NOX) =
4.06 tpy NOX
27.93 tpy of NOX + 4.06 tpy of NOX
(VOC equivalent reduction) = 31.99
tpy of NOX offsets needed.
Georgia’s SIP revision includes two
offset measures—school bus
replacements and rail locomotive
conversions—to obtain the necessary
emissions reductions.25 GA EPD has a
school bus early replacement program.
School bus replacement projects that
were completed in 2018 using Diesel
Emissions Reduction Act funding have
resulted in NOX emissions reductions of
12.86 tpy in the Atlanta 2008 8-hour
ozone maintenance Area. Specifically,
eighty-five old school buses (built in
1999–2005) in Fulton County were
replaced with 2018 school buses. The
replacements took place in September
2018. Georgia has not previously relied
on these emissions reductions to satisfy
any CAA requirement.
39143
The Locomotive Conversion Program
consists of two components in the
Atlanta Area: (1) The conversion of
three older traditional switcher
locomotives into newly-available low
emissions engine technology from
Norfolk Southern Railway, Inc., and (2)
Norfolk Southern Railway, Inc.’s
conversion of two switchers into
‘‘slugs’’ which are driven by electrical
motors whose electricity is received
from companion ‘‘mother’’ locomotives.
This configuration is referred to as
mother-slug locomotives. Slugs do not
have any direct emissions. The
conversion took place in December
2018, which also falls within the
contemporaneous timeframe and
generated 25.99 tpy of NOX reductions.
Georgia has not previously relied on the
emissions reductions from the
Locomotive Conversion Program to
satisfy any CAA requirement. See Table
8 below for a summary of the offsets.
TABLE 7—OFFSETS AVAILABLE FOR TCM REMOVAL IN 2020
Available NOX Offsets .................................................................................................................
Based on the available offsets from the
locomotive conversion projects and
school bus early replacement projects,
GA EPD has offsets in excess of the
Locomotive
conversions
(tpy)
School bus
replacements
(tpy)
Total offsets
(tpy)
25.99
12.86
38.85
increase in emissions associated with
removing the TCMs.
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TABLE 8—NOX EMISSIONS INCREASE COMPARED TO AVAILABLE EMISSIONS OFFSETS
Emissions increases due to removing the TCMs (tpy)
Total offsets
available
(tpy)
Excess offsets
(tpy)
31.99 ........................................................................................................................................................................
38.85
6.86
The offsets available from both bus
replacements and locomotive
conversions total 38.85 tpy of NOX as
shown in Table 7 above. The annual
NOX decrease from the locomotive
conversions and school bus
replacements are more than adequate to
offset the maximum NOX and VOC
emissions increases (31.99 tpy of
equivalent NOX) associated with
removing the TCMs. There is a 6.86 tpy
excess NOX emissions offset that will
remain available. See Table 8.
In addition, Georgia provided
information designed to show that the
substitute measures are quantifiable,
permanent, surplus, enforceable, and
contemporaneous. The locomotive
conversions and school bus
replacements occurring in 2018 are
surplus since they have not been relied
upon by any attainment plan or
demonstration or credited in any RFP
demonstration. The converted
locomotives must remain operational for
a period of ten years from the date
placed into revenue service (December
2028). The school buses replaced must
be scrapped or rendered permanently
disabled or remanufactured to a cleaner
emissions standard within 90 days of
replacement. Therefore, the emissions
reductions obtained are considered
permanent. The emissions reductions
have been quantified, as shown in Table
7. Fulton County Schools has grant
commitments with EPA to replace
school buses, while GA EPD and
Norfolk Southern Railway, Inc., have a
contract that requires locomotive
conversions. The locomotive and school
replacements occurred within one year
of this submittal. EPA is proposing to
conclude that the substitute measures
are quantifiable, permanent, surplus,
enforceable, and contemporaneous as
described above to achieve equivalent
emissions reductions to offset the
potential emission increases related to
removing the TCMs.
23 85.68 tons/year represents the total NO offsets
X
required if all of the TCMs are removed.
24 Tables 2–4 and 2–7 of Georgia’s submittal
detail the NOX and VOC emissions associated with
the Intersection Upgrade TCM. The method used for
the ABM and off-model calculations can be found
in Appendix B of Georgia’s submittal.
25 See Appendix F of the September 16, 2019 SIP
submittal for additional information related to these
programs, including calculations for NOX emissions
reductions.
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M. Conclusion Regarding the NonInterference Analysis
With respect to ozone, EPA is
proposing to conclude that the
emissions reductions from the offset
measures included in the SIP revision
are greater than those needed to
maintain the status quo in air quality
and are permanent, enforceable,
quantifiable, surplus, contemporaneous
and equivalent. Removing the identified
TCMs from the SIP would not worsen
ozone air quality because Georgia has
provided offsets as compensating,
equivalent emissions reductions to
negate the predicted increases in
emissions from NOX and VOCs in the
Atlanta 2015 8-hour ozone Area. The
amount of NOX reductions obtained
from the school bus and locomotive
retrofits are more than what is needed
to compensate for the small amount of
NOX and VOC increases due to
removing the TCMs from the Georgia
SIP in the Atlanta Area. In addition, the
downward trend in emissions in the
Atlanta 2008 8-hour ozone Area are
reflected in the NOX and VOC
attainment inventories summarized in
interfere with attainment or
maintenance of any NAAQS, or any
other requirement of the CAA.
Tables 3 and 4. The emissions trend
show there are safety margins in the
maintenance year 2030 of 157.86 tpd for
NOX and 50.92 tpd for VOC. EPA has
preliminarily determined that the SIP
revision adequately demonstrates that
removing the TCMs from the Georgia
SIP for the Atlanta Area would not
interfere with Atlanta Area’s ability to
attain the 2015 8-hour ozone NAAQS or
maintain the 1997 and 2008 8-hour
ozone NAAQS, or with any other
applicable requirement of the CAA.
With respect to NO2 and PM2.5, EPA
is proposing to find that the minimal
increases in emissions of NO2, PM2.5
and PM2.5 precursors would not
interfere with attainment or
maintenance of the NO2 or PM2.5
NAAQS. In addition, with respect to
lead,26 CO,27 coarse particulate matter
(PM10),28 and SO2,29 EPA is proposing
to find that removal of the TCMs from
Georgia’s SIP would not interfere with
attainment or maintenance of the
NAAQs.
Therefore, EPA is proposing to find
that removal of the TCMs from the
Georgia SIP meets the requirements of
CAA section 110(l) and would not
N. Analysis of Updated 2030 MVEBs
This SIP revision includes an update
the 2008 8-hour ozone Maintenance
Plan to update the mobile emissions
inventory and associated 2030 MVEBs
due to removing the TCMs. Georgia
used the same approach as outlined in
the 2008 8-hour ozone Maintenance
Plan and redesignation request to
determine the portion of the safety
margin allocated to the MVEBs for this
SIP revision. The on-road emissions
inventory and safety margin allocation
for the year 2030 were updated, but the
MVEB totals remain unchanged. See
Table 9 below. EPA has evaluated
Georgia’s revision to the MVEBs and
notes that the State went through the
appropriate interagency consultation
process (of which EPA was a part) to
establish these updated budgets per 40
CFR 93.105. As a result, EPA is
proposing to approve the updated onroad emissions inventory, safety
margins and MVEBs into the Atlanta
2008 8-hour ozone Maintenance Plan.
TABLE 9—UPDATED MVEBS FOR THE ATLANTA 2008 8-HOUR OZONE AREA (tpd)
2014 30
On-Road Emissions .........................................................................................
Safety Margin Allocation ..................................................................................
MVEBs with Safety Margin ..............................................................................
II. Proposed Action
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EPA is proposing to approve Georgia’s
September 16, 2019, SIP revision
requesting removal of certain TCMs
from the Georgia SIP applicable within
the Atlanta Area. This SIP revision
includes updates to the 2008 8-hour
ozone standard Maintenance Plan,
specifically the on-road emissions
inventory and the associated 2030
MVEBs, and measures offsetting the
emissions increases due to removal of
the TCMs. EPA is proposing to find that
26 The entire state of Georgia is designated
attainment or unclassifiable/attainment for the lead
NAAQS. See 40 CFR 81.311. The TCMs are not
designed to reduce emissions of SO2; therefore,
removing the TCMs from the SIP would not have
any impact on ambient concentrations of lead. EPA
proposes to find that removal of the TCMs from
Georgia’s SIP would not interfere with continued
attainment or maintenance of the lead NAAQS.
27 The entire state of Georgia is designated as
attainment or unclassifiable/attainment for the CO
NAAQS. See 40 CFR 81.311. The TCMs are not
designed to reduce emissions of CO; therefore,
removing the TCMs from the SIP would not have
any impact on ambient concentrations of CO. EPA
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2030
NOX
VOC
170.15
........................
170.15
81.76
........................
81.76
NOX
39.63
18.37
58
VOC
36.01
15.99
52
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 they meet the criteria of the
CAA. This action merely proposes to
approve state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this proposed 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);
proposes to find that removal of the TCMs from
Georgia’s SIP would not interfere with continued
attainment or maintenance of the CO NAAQS.
28 The entire state of Georgia is designated
attainment for the PM10 NAAQS. The TCMs are not
designed to reduce emissions of PM10; therefore,
removing the TCMs from the SIP would not have
any impact on ambient concentrations of PM10. EPA
proposes to find that removal of the TCMs from
Georgia’s SIP would not interfere with continued
attainment or maintenance of the PM10 NAAQS.
29 On June 22, 2010, EPA revised the 1-hour SO
2
NAAQS to 75 ppb which became effective on
August 23, 2010. See 75 FR 35520. On January 9,
2018, EPA designated most of the state of Georgia,
including the counties where the TCMs were
implemented, as attainment/unclassifiable for the
2010 SO2 NAAQS. See 83 FR 1098. The TCMs are
not designed to reduce emissions of SO2; therefore,
removing the TCMs from the SIP would not have
any impact on ambient concentrations of SO2. EPA
proposes to find that removal of the TCMs from
Georgia’s SIP would not interfere with continued
attainment or maintenance of the SO2 NAAQS.
30 The 2014 on-road emissions and MVEBs in this
chart are shown for illustration purposes only, as
no changes were made to the 2014 attainment year
emissions inventory due to removing the TCMs.
removing the TCMs would not interfere
with attainment or maintenance of any
NAAQS or with any other applicable
requirement of the CAA.
III. Statutory and Executive Order
Reviews
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• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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
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).
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.
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
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Dated: June 4, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020–12691 Filed 6–29–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2018–0042; FRL–10011–
05–Region 3]
Air Plan Disapproval; Maryland;
Interstate Transport Requirements for
the 2010 1-Hour Sulfur Dioxide
National Ambient Air Quality Standard;
Withdrawal
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; withdrawal.
AGENCY:
The Environmental Protection
Agency (EPA) is withdrawing its
proposed action disapproving the
interstate transport portion of the state
implementation plan (SIP) revision
submitted by the State of Maryland
(Maryland) to address the infrastructure
requirements of the 2010 primary sulfur
dioxide (SO2) national ambient air
quality standard (NAAQS). EPA
proposed disapproval of the interstate
transport element of the SIP because it
did not contain provisions prohibiting
emissions from Maryland that were
contributing significantly to or
interfering with maintenance of the
2010 SO2 NAAQS in another state. This
action is being taken under the Clean
Air Act (CAA).
DATES: The proposed rule, published on
April 22, 2020 (85 FR 22381), proposing
disapproval of the transport portion of
Maryland’s August 17, 2016 SIP
submission for the 2010 SO2 NAAQS, is
withdrawn as of June 30, 2020.
FOR FURTHER INFORMATION CONTACT:
Marilyn Powers, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. The telephone number is (215)
814–2308. Ms. Powers can also be
reached via electronic mail at
powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION: On August
17, 2016, the Maryland Department of
the Environment (MDE), on behalf of the
State of Maryland, submitted a SIP
revision to EPA to address all of the
then applicable CAA section 110(a)(2)
requirements for the 2010 SO2 NAAQS.
On June 16, 2020, EPA approved this
2016 SIP submittal, known as an
SUMMARY:
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39145
infrastructure SIP, except for certain
elements related to nonattainment area
requirements and the portion dealing
with interstate transport of pollution
(section 110(a)(2)(D)(i)(I)). 85 FR 36343.
In the final rulemaking, EPA noted that
it would take action on the interstate
transport portion (110(a)(2)(D(i)(I)) at a
later date. On April 22, 2020 (85 FR
22381), EPA proposed to disapprove the
interstate transport portion of
Maryland’s SO2 infrastructure SIP
submission because that portion did not
contain adequate provisions prohibiting
SO2 emissions from stationary sources
in Maryland which were contributing
significantly to nonattainment with, or
interfering with maintenance of, the
2010 SO2 NAAQS in another state.
Specifically, EPA identified the Verso
Luke Paper Mill (Luke) as the source
contributing to violations of the SO2
NAAQS in West Virginia, based on
ambient monitoring data from 2017 to
2019.
Following publication of the proposed
disapproval, EPA received from MDE,
on May 8, 2020, a letter from Verso, the
owner of the Luke facility, surrendering
all of its CAA operating permits for the
facility. The Verso letter is in the docket
for this rulemaking action. The Luke
facility had been shut down by Verso on
June 30, 2019, and the surrender of its
CAA permits means that the facility
cannot return to operation without
obtaining new CAA permits from
Maryland. On this basis, EPA is
withdrawing its April 22, 2020
proposed disapproval of the CAA
section 110(a)(2)(D)(i)(I) interstate
transport portion of Maryland’s August
17, 2016 SIP submittal for the 2010 SO2
NAAQS. EPA will consider this new
information and publish a new proposal
providing another opportunity for
notice and comment after analyzing this
recent development. Please note that
EPA is not accepting comments on this
withdrawal of the April 22, 2020
proposed disapproval. Any comments
received on the proposed disapproval
will be placed into any new docket
related to a future action on the section
110(a)(2)(D)(i)(I) element of the SO2
infrastructure SIP but will not be
answered as part of this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Sulfur oxides.
Dated: June 18, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2020–13584 Filed 6–29–20; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 85, Number 126 (Tuesday, June 30, 2020)]
[Proposed Rules]
[Pages 39135-39145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12691]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0661; FRL-10010-47-Region 4]
Air Plan Approval; GA: Non-Interference Demonstration and
Maintenance Plan Revision for the Removal of Transportation Control
Measures in the Atlanta Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by
Georgia, through the Georgia Environmental Protection Division (GA
EPD), on September 16, 2019, for the purpose of removing certain
transportation control measures (TCMs) from thirteen counties in the
Atlanta, Georgia area. EPA is also proposing to approve Georgia's
update to the 2008 8-hour ozone maintenance
[[Page 39136]]
plan that was submitted in the September 16, 2019, SIP revision.
Specifically, EPA is proposing to approve updates to the mobile
emissions inventory, the associated 2030 motor vehicle emissions
budgets (MVEBs), and measures offsetting the potential emissions
increases due to removal of the TCMs from the Georgia SIP. EPA's
preliminary analysis indicates that this SIP revision would not
interfere with attainment or maintenance of any national ambient air
quality standards (NAAQS or standards) or any other Clean Air Act (CAA
or Act) requirements.
DATES: Comments must be received on or before July 30, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2019-0661 at www.regulations.gov. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Dianna Myers, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9207. Ms. Myers can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. EPA's Proposed Action
A. What action is EPA proposing?
EPA is proposing to approve the removal of certain TCMs \1\
applicable in thirteen counties within the Atlanta Area \2\ from
Georgia's SIP. EPA is also proposing to approve Georgia's update to the
2008 8-hour ozone maintenance plan that was submitted in the September
16, 2019, SIP revision. Specifically, EPA is proposing to approve
updates to the mobile emissions inventory and the associated MVEBs in
the 2008 8-hour ozone Maintenance Plan, and measures offsetting the
potential emissions increases due to removal of the TCMs from the
Georgia SIP. In addition, EPA is proposing to find that removing the
TCMs from the Atlanta Area would not interfere with attainment or
maintenance of any NAAQS, reasonable further progress (RFP), or with
any other applicable requirement of the CAA.
---------------------------------------------------------------------------
\1\ See section I.D. for a discussion of the TCMs for which
Georgia has requested removal. Georgia is removing all TCMs except
for the Intersection Upgrade TCM, which will remain in the Georgia
SIP. However, for this SIP revision and non-interference
demonstration, Georgia was conservative by modeling removal of all
the TCMs.
\2\ The Atlanta Area consists of the following 20 counties:
Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb,
Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Henry, Newton,
Paulding, Rockdale, Spalding, and Walton. As discussed further in
section I.B., this area encompasses the 13-county 1-hour Atlanta
Area for the 1979 ozone NAAQS, the 20-county 8-hour Atlanta Area for
the 1997 ozone NAAQS, the 15-county 8-hour Atlanta Area for the 2008
ozone NAAQS, and the 7-county 8-hour Atlanta Area for the 2015 ozone
NAAQS.
---------------------------------------------------------------------------
B. What is the background of the Atlanta area?
On November 6, 1991 (56 FR 56694), EPA designated and classified
the following counties in the Atlanta Area as a serious ozone
nonattainment area for the 1-hour ozone NAAQS: Cherokee, Clayton, Cobb,
Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry,
Paulding, and Rockdale (the Atlanta 1979 1-hour ozone Area). TCMs were
implemented in the 13-counties comprising the Atlanta 1979 1-hour ozone
Area. See Table 2-1 in the September 16, 2019, SIP revision. Because
the Atlanta 1979 1-hour ozone Area failed to attain the 1-hour ozone
NAAQS by November 15, 1999, EPA issued a final rulemaking action on
September 26, 2003, to reclassify or ``bump up,'' the area to a severe
ozone nonattainment area. See 68 FR 55469. Subsequently, the Atlanta
1979 1-hour ozone Area attained the 1-hour ozone NAAQS, and thus EPA
redesignated the nonattainment area to attainment for the 1-hour ozone
NAAQS. See 70 FR 34660 (June 15, 2005). The 1979 1-hour ozone NAAQS was
revoked, effective June 15, 2005. See 69 FR 23951 (April 30, 2004).
On April 30, 2004 (69 FR 23858), EPA designated the following 20
counties in the Atlanta Area as a marginal nonattainment area for the
1997 8-hour ozone NAAQS: Barrow, Bartow, Carroll, Cherokee, Clayton,
Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett,
Hall, Henry, Newton, Paulding, Rockdale, Spalding, and Walton (Atlanta
1997 8-hour ozone Area). The Atlanta 1979 1-hour ozone Area is a sub-
set of this 20-county area. EPA reclassified the Atlanta 1997 8-hour
ozone Area as a moderate nonattainment area on March 6, 2008, because
the area failed to attain the 1997 8-hour ozone NAAQS by the required
attainment date of June 15, 2007. See 73 FR 12013. Subsequently, the
Atlanta 1997 8-hour ozone Area attained the 1997 8-hour ozone standard,
and on December 2, 2013, EPA redesignated the Atlanta 1997 8-hour ozone
Area to attainment for the 1997 8-hour ozone NAAQS. See 78 FR 72040.
The 1997 8-hour ozone NAAQS was revoked, effective April 6, 2015. See
80 FR 12264 (March 6, 2015).
On May 21, 2012 (77 FR 30088), EPA designated the following 15-
counties as marginal nonattainment for the 2008 8-hour ozone NAAQS:
Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette,
Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, and Rockdale
(Atlanta 2008 8-hour ozone Area). The Atlanta 1979 1-hour ozone Area is
sub-set of the Atlanta 2008 8-hour ozone Area. The Atlanta 2008 8-hour
ozone Area did not attain the 2008 8-hour ozone NAAQS by the attainment
date of July 20, 2015, and therefore on May 4, 2016, EPA reclassified
the area from a marginal nonattainment area to a moderate nonattainment
area for the 2008 8-hour ozone standard. See 81 FR 26697. Subsequently,
on July 14, 2016, the Atlanta 2008 8-hour ozone Area attained the 2008
8-hour ozone standard. See 81 FR 45419. EPA redesignated the Atlanta
2008 8-hour ozone Area to attainment for the 2008 8-hour ozone NAAQS.
See 82 FR 25523.
On October 26, 2015, EPA revised the 8-hour ozone standard from
0.075 parts per million (ppm) to 0.070 ppm. See 80 FR 65292.
Subsequently, on June 4, 2018 (83 FR 25776), EPA designated the
following seven Atlanta counties as marginal nonattainment for the 2015
8-hour ozone NAAQS: Bartow, Clayton, Cobb, Dekalb, Fulton, Gwinnett and
Henry (Atlanta 2015 8-hour ozone Area). The seven counties comprising
the Atlanta 2015 8-hour ozone Area were also part of the 13-county
Atlanta 1979 1-hour ozone Area. Areas designated as marginal
nonattainment must attain the standard by August 3, 2021. Although the
attainment date is
[[Page 39137]]
August 3, 2021, marginal areas must show attainment using air quality
data for years 2018 through 2020.
C. What is the background of the TCMs?
CAA section 108(f) contains information related to processes,
procedures, and methods that can be used by states and transportation
planning agencies to reduce or control transportation and mobile source
related pollutants and includes a non-comprehensive list of
transportation control measures.
Section 93.101 of the transportation conformity rule at 40 CFR part
93 defines a TCM as: Any measure that is specifically identified and
committed to in the applicable implementation plan, including a
substitute or additional TCM that is incorporated into the applicable
SIP through the process established in CAA section 176(c)(8), that is
either one of the types listed in CAA section 108(f), or any other
measure for the purpose of reducing emissions or concentrations of air
pollutants from transportation sources by reducing vehicle use or
changing traffic flow or congestion conditions. Notwithstanding the
first sentence of this definition, vehicle technology-based, fuel-
based, and maintenance-based measures which control the emissions from
vehicles under fixed traffic conditions are not TCMs for the purposes
of this subpart.
D. Why is EPA proposing this action?
On September 16, 2019, Georgia submitted a SIP revision, requesting
removal of certain TCMs from the Georgia SIP. The following TCMs have
been approved into the Georgia SIP: High Occupancy Vehicle (HOV) Lanes;
High Occupancy Toll (HOT) Lanes; Atlantic Station; Express Bus Routes;
Improvements/Expansion of Bus Service; Park and Ride Lots; Transit
Signal Preemption; Clean Fuel Buses; Clean Fuels Revolving Loan
Program; Intersection Upgrade, Coordination and Computerization; ATMS/
Incident Management; Regional Commute Options & HOV Marketing;
Transportation Management Associations (TMAs); Transit Incentives; and
University Rideshare Programs. See 63 FR 23387 (April 29, 1998), 63 FR
34300 (June 24, 1998), 64 FR 13348 (March 18, 1999), 64 FR 20186 (April
26, 1999), 65 FR 52028 (August 28, 2000), 77 FR 24397 (April 24, 2012),
and Table 1, Appendix A, Table 2-1 and Table 2-2 of Georgia's September
16, 2019 SIP Revision. Georgia is requesting removal of all the TCMs
that are approved into the SIP except for Intersection Upgrade,
Coordination and Computerization. See September 16, 2019, SIP Revision.
Georgia's September 16, 2019, SIP revision also includes a non-
interference demonstration to support the State's request to remove
TCMs implemented in the Atlanta Area from Georgia's SIP. Georgia's
September 16, 2019, SIP revision evaluates the Atlanta 2008 8-hour
ozone Area, which encompasses the smaller Atlanta 1979 1-hour ozone and
Atlanta 2015 8-hour ozone Areas. Georgia's demonstration also includes
an evaluation of the impact that removing the TCMs would have on the
Atlanta Area's ability to maintain the ozone NAAQS. Additionally,
Georgia's demonstration also evaluates whether the removal of the TCMs
would interfere with the ability of the Atlanta 2015 8-hour ozone Area
to attain the ozone NAAQS by August 3, 2021, which is the attainment
date for areas classified as marginal, or any of the other applicable
NAAQS.
Georgia's SIP revision updates the 2008 8-hour ozone maintenance
plan \3\ to support the State's request for removal of most of the TCMs
for the Georgia SIP.\4\ To revise the SIP and make the demonstration of
non-interference, Georgia completed a technical analysis, including
using EPA's Motor Vehicle Emissions Simulator (MOVES2014a) to project
the change in emissions that would result from removing the TCMs from
the Atlanta Area. The 2014 attainment base year mobile emissions were
taken directly from the 2008 maintenance SIP, and future-year on-road
mobile source emissions estimates for 2020, 2030, and 2040 were modeled
with and without the TCMs. Georgia interpolated years 2025 and 2035 to
further illustrate the downward trend in emissions. Georgia selected
years 2020, 2030, and 2040 because these years are used by the Atlanta
Regional Commission (ARC) in Atlanta's transportation conformity
determinations. The July 18, 2016, maintenance plan and the subsequent
August 15, 2018, revision showed compliance with and maintenance of the
2008 8-hour ozone NAAQS until the 2030 outyear by providing information
to support the demonstration that current and future emissions of
nitrogen oxides (NOX) and volatile organic compounds (VOC)
remained at or below the 2014 base year emissions inventory. Further
discussions on the demonstration of non-interference for the 2015 8-
hour ozone NAAQS and the other pollutants are provided later in the
proposal.
---------------------------------------------------------------------------
\3\ On August 15, 2018, Georgia submitted a request to revise
and update the 2008 8-hour ozone maintenance plan to relax the
federal Reid Vapor Pressure (RVP) requirements from 7.8 to 9.0
pounds per square inch (psi) RVP. On September 20, 2019, EPA
published final approval allowing for a change for the federal RVP
requirements. See 84 FR 49470. The approval of the August 15, 2018
SIP revision and change to the federal RVP requirements updated
Georgia's mobile emissions inventory and MVEBs which are the basis
for Georgia's September 16, 2019 submittal.
\4\ For more detailed information on the current approved
maintenance plan and revisions, see EPA's December 23, 2016 (81 FR
94283) proposed approval of Georgia's maintenance plan and EPA's
February 12, 2019 (84 FR 3358) proposed approval of the relaxation
of the federal RVP requirements. On April 23, 2019 (84 FR 16786),
EPA approved the revision to the 2008 8-hour ozone maintenance plan.
---------------------------------------------------------------------------
EPA has evaluated Georgia's September 16, 2019, SIP revision and is
proposing to approve the SIP revision removing the TCMs from the SIP
and revising the maintenance plan for the Atlanta 2008 8-hour ozone
Area. The Agency is also making the preliminary determination that
removing the TCMs from the Georgia SIP would not interfere with
attainment or maintenance of any NAAQS or with any other applicable
requirement of the CAA in the Atlanta, Area. EPA's section 110(l)
analysis of the non-interference demonstration included as a part of
Georgia's September 16, 2019, SIP revision is provided below.
E. What are the Section 110(l) requirements?
Section 110(l) requires that a revision to the SIP not interfere
with any applicable requirement concerning attainment and RFP (as
defined in section 171), or any other applicable requirement of the
Act. The mobile emissions modeling associated with Georgia's
maintenance plan for the 2008 8-hour ozone NAAQS was premised upon the
future-year emissions estimates for 2020 \5\ which includes the
emission reductions from the various TCMs in the Georgia SIP for the
Atlanta Area. To approve Georgia's request to remove the TCMs in the
Atlanta Area, EPA must conclude that requested change will satisfy
section 110(l) of the CAA. In Georgia's September 16, 2019, SIP
revision, the State's modeling includes the same future years as the
original 2008 8-hour ozone maintenance plan but is now based on the
federal 9.0 psi RVP limit and removal of the TCMs.
---------------------------------------------------------------------------
\5\ As discussed below, 2020 was chosen because the attainment
date for the Atlanta 2015 8-hour ozone Area to attain the ozone
standard is August 3, 2021, based on data from 2018 through 2020.
Further, Georgia anticipated that 2020 was the first year that it
could cease implementation of the TCMs.
---------------------------------------------------------------------------
In the absence of an attainment demonstration, to demonstrate no
interference with any applicable NAAQS or requirement of the CAA
[[Page 39138]]
under section 110(l), EPA believes it is appropriate to allow states to
substitute equivalent emissions reductions to compensate for any change
to a SIP-approved program, if actual emissions in the air are not
increased. ``Equivalent'' emissions reductions are reductions that are
equal to or greater than those reductions achieved by the control
measure approved in the SIP. To show that compensating emissions
reductions are equivalent, adequate justification must be provided. The
compensating, equivalent reductions should represent actual emissions
reductions achieved in a contemporaneous time frame to the change of
the existing SIP control measure in order to preserve the status quo
level of emission in the air. If the status quo is preserved, non-
interference is demonstrated. In addition to being contemporaneous, the
equivalent emissions reductions should also be permanent, enforceable,
quantifiable, and surplus. The offset measures are described in Section
I.M. of this notice.
EPA evaluates each section 110(l) non-interference demonstration on
a case-by-case basis considering the circumstances of each SIP
revision. EPA interprets 110(l) as applying to all NAAQS that are in
effect, including those for which SIP submissions have not been made.
The degree of analysis focused on any NAAQS in a non-interference
demonstration varies depending on a number of relevant factors,
including the nature of the emissions associated with the proposed SIP
revision. EPA's section 110(l) analysis of the non-interference
demonstration included as part of Georgia's September 16, 2019, SIP
revision is provided below.
F. Proposed Analysis of Georgia's Non-Interference Demonstration
As mentioned above, on September 16, 2019, Georgia submitted a non-
interference demonstration to support the State's request to remove
several TCMs implemented in the Atlanta Area from the Georgia SIP.
Georgia is currently in attainment for all particulate matter (PM),
sulfur dioxide (SO2), nitrogen dioxide (NO2),
carbon monoxide (CO), and lead (Pb) NAAQS.
GA EPD focused its analysis on the impact that removing the TCMs
would have on attainment and maintenance of the ozone standards and
ozone precursors (NOX and VOC). Specifically, Georgia's non-
interference demonstration evaluates the Atlanta 2008 8-hour ozone
Area, which encompasses the smaller Atlanta 1979 1-hour ozone Area and
the Atlanta 2015 8-hour ozone Area. This demonstration includes an
evaluation of the impact that removing the TCMs would have on Atlanta's
ability to maintain the 1997 and 2008 ozone standards. It also
evaluates whether removing the TCMs would interfere with the ability of
the Atlanta 2015 8-hour ozone Area to attain the ozone standard by
August 3, 2021, which is the attainment date for areas classified as
marginal, or with any of the other applicable NAAQS. Although the
attainment date is August 3, 2021, marginal areas must show attainment
using air quality data for years 2018 through 2020.
Additional discussion regarding VOCs, NOX, and PM is
included later in this section because VOC and NOX emissions
are also precursors for PM, and NOX is also a precursor for
NO2.
G. Non-Interference Analysis for the Ozone NAAQS
In its non-interference demonstration, Georgia used EPA's
MOVES2014a model to develop its projected mobile emissions inventory
according to EPA's guidance for on-road mobile sources. As mentioned in
Section I.D, the on-road mobile source emissions calculations for 2020,
2025 and 2030, 2035, and 2040 were generated with MOVES2014a with and
without the TCMs.\6\ Georgia used two categories of methodologies to
calculate emissions from the TCMs: An activity-based model (ABM) and an
off-model method. The emissions from the TCM projects calculated with
the ABM were coded directly into the ARC's travel demand model then ran
through MOVES2014a. The emissions from the TCM projects using the off-
model method were added to the MOVES2014a output. See Appendix B of the
submittal for more details on the methodologies and the projects
identified in each category.
---------------------------------------------------------------------------
\6\ For additional information on the methodology used to assess
the emissions impacts, see Appendix B of the September 16, 2019
submittal.
---------------------------------------------------------------------------
The information provided by Georgia indicates that that current and
future emissions of NOX and VOC remained at or below the
2008 8-hour ozone NAAQS attainment base year (2014) emissions
inventory, thus showing compliance with the 2008 8-hour ozone NAAQS.\7\
The analysis in this proposal will primarily refer to the year 2020
because that is the first year Georgia anticipated it would be able to
remove the TCMs, and 2030 because it is the maintenance year in the
Atlanta 2008 8-hour ozone Area maintenance plan. In addition, the
emissions trend for year 2020 will be discussed later in the notice
because attainment for the 2015 8-hour ozone NAAQS will be based on
years 2018 through 2020.
---------------------------------------------------------------------------
\7\ The 2014 base year emissions are unchanged from the 2008 8-
hour ozone maintenance plan included in Appendix A of the September
16, 2019, SIP revision.
---------------------------------------------------------------------------
Tables 1 and 2, below, show the direct impact on the on-road mobile
source emissions from removing the TCMs in the Atlanta Area. As
summarized below, on-road NOX and VOC emissions increase
when the TCMs are removed. NOX emissions increased by 0.32
and 0.09 tons per day (tpd) in 2020 and 2030, respectively in the
Atlanta 2008 8-hour ozone Area. VOC emissions also increased by 0.49
and 0.27 tpd in 2020 and 2030, respectively in the same area. As
discussed in section I.L. of this proposal, Georgia has also requested
EPA approve measures to offset these small increases.
---------------------------------------------------------------------------
\8\ In this table, the 13-county area refers to the Atlanta 1979
1-hour ozone Area and the 15-county area refers to the 2008 8-hour
ozone Area. The 2-county area is the difference between the Atlanta
1-hour ozone Area and the Atlanta 2008 8-hour ozone Area. This table
reflects how the State references these areas in their submittal.
Table 1--On-Road NOX Emissions With and Without TCMs \8\
----------------------------------------------------------------------------------------------------------------
On-road Emissions Emissions
On-road emissions increase with increase with
Pollutant and region Year emissions with without TCMs TCM removal TCM removal as
TCMs (tpd) (tpd) (tpd) percentage
----------------------------------------------------------------------------------------------------------------
13-county area.................. 2020 76.70 77.01 0.31 0.41
2025 55.74 55.94 0.20 0.35
2030 34.78 34.86 0.08 0.23
2035 29.10 29.14 0.04 0.14
2040 23.42 23.42 0.00 0.00
[[Page 39139]]
2-county area................... 2020 9.49 9.50 0.01 0.11
2025 7.16 7.17 0.01 0.14
2030 4.82 4.83 0.01 0.21
2035 4.36 4.37 0.01 0.12
2040 3.90 3.90 0.00 0.00
15-county \9\ area.............. 2020 86.19 86.51 0.32 0.37
2025 62.89 63.10 0.21 0.33
2030 39.46 39.51 0.09 0.23
2035 33.46 33.51 0.05 0.13
2040 27.32 27.32 0.00 0.00
----------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------
\9\ In final calculations for the Atlanta 2008 8-hour ozone
Area, an additional 0.03 tpd is added to these values to account for
the Senior Exemption. Senior citizens are exempt from the Inspection
and Maintenance (I/M) program testing, and thus 0.03 tpd (based on
2002 emissions comparisons) is used as a conservative estimate of
disbenefit.
Table 2--On-Road VOC Emissions With and Without TCMs \10\
----------------------------------------------------------------------------------------------------------------
On-road Emissions Emissions
On-road emissions increase with increase with
Pollutant and region Year emissions with without TCMs TCM removal TCM removal as
TCMs (tpd) (tpd) (tpd) percentage
----------------------------------------------------------------------------------------------------------------
13-county area.................. 2020 54.14 54.63 0.49 0.90
2025 43.59 43.96 0.37 0.86
2030 33.03 33.30 0.27 0.81
2035 28.69 28.93 0.24 0.83
2040 24.36 24.56 0.20 0.86
2-county area................... 2020 4.72 4.73 0.01 0.21
2025 3.83 3.83 0.01 0.08
2030 2.93 2.93 0.00 0.00
2035 2.59 2.59 0.00 0.00
2040 2.26 2.26 0.00 0.00
15-county \11\ area............. 2020 58.86 59.35 0.49 0.83
2025 47.41 47.79 0.38 0.80
2030 35.96 36.23 0.27 0.75
2035 31.29 31.53 0.24 0.77
2040 26.62 26.83 0.21 0.79
----------------------------------------------------------------------------------------------------------------
Although removal of the TCMs from the Georgia SIP is projected to
cause small increases in ozone precursor emissions in the Atlanta 2008
8-hour ozone Area, the volume of those increases decreases over time.
For instance, emissions of both precursors increase with removal of the
TCMs; however, the increases decrease over time from a 0.37 percent
increase in 2020 to a 0.23 percent increase in 2030 for NOX
emissions, and from a 0.83 percent increase in 2020 down to a 0.75
percent increase in 2030 for VOC emissions in the 15-county Atlanta
2008 8-hour ozone Area. The overall on-road emissions for
NOX decrease from 86.51 tpd in 2020 to 39.51 tpd in 2030.
Similarly, the overall on-road emissions for VOC decrease from 59.35
tpd in 2020 to 36.23 tpd in 2030 in the Atlanta 2008 8-hour ozone Area.
This indicates that changes in on-road emissions from removing the TCMs
from the SIP would not interfere with continued maintenance of the 2008
8-hour ozone NAAQS in the Atlanta 2008 8-hour ozone Area.
---------------------------------------------------------------------------
\10\ See footnote 9.
\11\ In final calculations for the Atlanta 2008 8-hour ozone
Area, an additional 0.05 tpd would be added to these values to
account for the Senior Exemption. Senior citizens are exempt from
the Inspection and Maintenance (I/M) program testing, and thus 0.05
tpd (based on 2002 emissions comparisons) is used as a conservative
estimate of disbenefit.
---------------------------------------------------------------------------
Tables 3 and 4, below, show the impact of TCM removal on
NOX and VOC emissions from all sectors (point, area,
nonroad, and on-road) compared to the 2014 attainment inventory.
Georgia calculated the change in emissions from attainment levels with
and without the TCMs and used the term ``margin'' to indicate the
amount of the decrease in tpd from attainment (2014) to the maintenance
(2030) and beyond (2040). The amount of margin ``allotted'' to TCM
removal is the difference in emissions with and without the TCMs.
Georgia also shows the allotted difference as a percent.
[[Page 39140]]
Table 3--2014 NOX Attainment Inventory Comparison With and Without TCMs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total 2014 NOX Total NOX Amount of Percent of
attainment Total NOX emissions Current margin Margin without margin margin
Year inventory emissions inventory with TCMs TCMs (NOX) allotted to allotted to
(Tpd) inventory with without TCMs (NOX) (tpd) (tpd) TCM removal removal of
TCMs (tpd) (tpd) (tpd) TCMs
--------------------------------------------------------------------------------------------------------------------------------------------------------
2014.................................... 283.09 283.09 283.09 0 N/A N/A N/A
2020.................................... 283.09 181.44 181.76 101.65 101.33 0.32 0.31
2025.................................... 283.09 153.29 153.49 129.80 129.60 0.21 0.16
2030.................................... 283.09 125.14 125.23 157.95 157.86 0.09 0.06
2035.................................... 283.09 118.69 118.74 164.40 164.35 0.05 0.03
2040.................................... 283.09 112.24 112.24 170.85 170.85 0.00 0.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 4--2014 VOC Attainment Inventory Comparison With and Without TCMs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total VOC Amount of Percent of
Total 2014 VOC Total VOC emissions Current margin Margin without margin margin
Year attainment emissions inventory with TCMs TCMs (VOC) allotted to allotted to
inventory inventory with without TCMs (VOC) (Tpd) (tpd) TCM removal removal of
(tpd) TCMs (tpd) (tpd) (tpd) TCMs
--------------------------------------------------------------------------------------------------------------------------------------------------------
2014.................................... 266.25 266.25 N/A 0 N/A N/A N/A
2020.................................... 266.25 237.67 238.16 28.58 28.09 0.49 1.71
2025.................................... 266.25 226.36 226.74 39.89 39.51 0.38 0.95
2030.................................... 266.25 215.06 215.33 51.19 50.92 0.27 0.53
2035.................................... 266.25 211.77 212.01 54.48 54.24 0.24 0.44
2040.................................... 266.25 208.48 208.69 57.77 57.56 0.21 0.36
--------------------------------------------------------------------------------------------------------------------------------------------------------
As shown in Table 3, when the TCMs are removed, the total
NOX emissions increase the most in 2020 by 0.32 tpd, from
181.44 tpd to 181.76 tpd. In 2030, NOX emissions increase
slightly by 0.09 tpd, from 125.14 tpd to 125.23 tpd when the TCMs are
removed. Although the removal of TCMs results in small increases in
NOX emissions initially, overall, total NOX
emissions decrease by 170.85 tpd from the attainment year 2014 to 2040.
With respect to years 2020 through 2040, total NOX emissions
are less than the attainment year of 2014.
Table 4 shows that the total VOC emissions increase in 2020 by 0.49
tpd, from 237.67 tpd to 238.16 tpd. In 2030, VOC emissions increase by
0.27 tpd, from 215.06 tpd to 215.33 tpd. Although there are emissions
increases in VOC when the TCMs are removed, there is an overall
downward trend in emissions from the 2014 attainment year to the 2030
maintenance year. VOC emissions decrease from 266.25 tpd in 2014 down
to 208.69 tpd in 2040 an overall decrease of 57.56 tpd. With respect to
years 2020 through 2040, total VOC emissions are less than the
attainment year of 2014.
Based on Tables 3 and 4, total NOX emissions trend
downward from 283.09 tpd in 2014 to 125.23 tpd in 2030 with the TCMs
removed. This gives a safety margin of 157.86 tpd. The VOC safety
margin is 50.92 tpd because of the downward trend from the 2014
attainment level of 266.25 tpd to 215.33 tpd in 2030 with the TCMs
removed. A safety margin is the difference between the attainment level
of emissions (from all sources) and the projected level of emissions
(from all sources) in the maintenance plan. The decline in total
emissions, including the safety margin, indicate that changes in on-
road emissions from removing the TCMs from the SIP would not interfere
with continued maintenance of the 2008 8-hour ozone NAAQS in the
Atlanta 2008 8-hour ozone Area.
H. Non-Interference Analysis for the 2015 Ozone NAAQS
The current 3-year design value for 2016-2018 for the Atlanta 2015
8-hour ozone Area is 0.073 ppm.\12\ The 2015 8-hour ozone NAAQS is
0.070 ppm and this area is currently designated as marginal
nonattainment for this NAAQS. Table 5, below, shows the ozone
monitoring data from monitoring stations in Atlanta.
---------------------------------------------------------------------------
\12\ The design value for an area is the highest 3-year average
of the annual fourth-highest daily maximum 8-hour concentration
recorded at any monitor in the area.
Table 5--2016-2018 Design Value Concentrations for Atlanta (ppm) \13\
----------------------------------------------------------------------------------------------------------------
4th Highest 8-hour ozone value 3-Year design
Monitoring ------------------------------------------------ values
Location (county) station ---------------
2016 2017 2018 2016-2018
----------------------------------------------------------------------------------------------------------------
Cobb.......................... GA National 0.070 0.065 0.065 0.066
Guard, McCollum
Pkwy. (13-067-
0003).
Coweta........................ University of W 0.066 0.057 .............. (\14\)
Georgia at
Newnan (13-077-
0002).
DeKalb........................ 2390-B Wildcat 0.074 0.068 0.067 0.069
Road Decatur
(13-089-0002).
Douglas....................... Douglas Co. 0.071 0.066 0.064 0.067
Water Auth. W
Strickland St.
(13-097-0004).
Gwinnett...................... Gwinnett Tech, 0.078 0.065 0.065 0.069
5150 Sugarloaf
Pkwy. (13-135-
0002).
Henry......................... Henry County 0.078 0.067 0.069 0.071
Extension
Office (13-151-
0002).
Paulding...................... Yorkville, King 0.067 .............. .............. (\15\)
Farm (13-223-
0003).
Rockdale...................... Conyers 0.076 0.065 0.069 0.070
Monastery, 2625
GA Hwy. 212 (13-
247-0001).
[[Page 39141]]
Fulton........................ Confederate 0.075 0.074 0.072 0.073
Ave., Atlanta
(13-121-0055).
----------------------------------------------------------------------------------------------------------------
As previously mentioned, the Atlanta 2015 8-hour ozone Area must
attain the 2015 8-hour ozone NAAQS by August 3, 2021, with air quality
data for years 2018 through 2020.
---------------------------------------------------------------------------
\13\ These monitoring stations are representative of the air
quality in the entire 2015 8-hour ozone Area even though not all
counties in the area have a monitoring station. In addition, the
table includes counties (Coweta, Douglas, Paulding, and Rockdale)
that are not located within the Atlanta 2015 8-hour ozone Area but
are located within the Atlanta 2008 8-hour ozone Area.
\14\ The average of the 2016 and 2017 values for the Coweta
Monitor (13-077-0002) is 0.061. The monitor was shut down on
November 15, 2017. See GA EPD Addendum to 2018 Ambient Air
Monitoring Plan, available at https://airgeorgia.org/docs/2018%20Addendum%20to%20Annual%20Plan.pdf.
\15\ The value for the Paulding Monitor (13-223-0003) of 0.067
is the value for 2016 only. The monitor was shut down on January 31,
2017. See GA EPD Addendum to 2016 Ambient Air Monitoring Plan,
available at https://airgeorgia.org/docs/2016%20Addendum%20to%20Annual%20Plan.pdf.
---------------------------------------------------------------------------
Marginal areas are not required to provide attainment
demonstrations because these areas are expected to attain the standard
three years after being designated nonattainment. As such, Georgia has
decided to demonstrate non-interference for removal of the TCMs for the
2015 8-hour ozone standard by securing offsetting, contemporaneous,
compensating, equivalent, emissions reductions. These emission
reductions are associated with measures that Georgia has proposed for
incorporation into the SIP through its September 16, 2019, SIP revision
and that were obtained for the Atlanta 2015 8-hour ozone Area to
account for the small increases due to a removal of the TCMs. With
offsets, EPA believes that removing the TCMs would not affect Atlanta's
ability to attain the 2015 8-hour ozone NAAQS. A more detailed
discussion regarding Georgia's ozone sensitivities and offset
calculations for the Atlanta Area is provided below.
I. Sensitivity of Ozone in the Atlanta Area to NOX and VOC Emissions
Control of NOX and VOC are generally considered the most
important components of an ozone control strategy, and NOX
and VOC make up the largest controllable contribution to ambient ozone
formation. However, the Atlanta Area has shown a greater sensitivity of
ground-level ozone to NOX controls rather than VOC controls.
This is due to high biogenic VOC emissions compared to anthropogenic
VOC emissions in Georgia. Therefore, implemented control measures have
focused on the control of NOX emissions. The Atlanta Area is
NOX limited in such a way that changes in anthropogenic VOC
emissions have little effect on ozone formation.
The Southeastern Modeling Analysis and Planning (SEMAP) project
modeled sensitivities relative to 2018 emissions to evaluate the impact
of NOX and VOC reductions on daily 8-hour maximum ozone
concentrations.\16\ Each emissions sensitivity run reduced the 2018
anthropogenic NOX or VOC emissions (point, area, mobile,
nonroad, marine/aircraft/rail) within a specific geographic region by
30 percent. GA EPD used the SEMAP project to examine the normalized
sensitivities of NOX and VOC emissions on 8-hour daily
maximum ozone concentrations (parts per billion (ppb) ozone/tpd) at
nine ozone monitors in the Atlanta Area.\17\ In order to look at the
impact of removing the TCMs, Georgia averaged the normalized
sensitivities from the nine site-specific Atlanta ozone monitors. The
average normalized sensitivities for NOX and VOC were -
0.0768 and -0.0042 ppb/tpd, respectively.\18\ The site-specific
normalized NOX and VOC sensitivities were applied to the
expected emissions increases due to removing the TCMs. The emissions
increases are based on 2018 values and represent the largest impact as
the emissions increase will decrease each successive year. A removal of
the TCMs results in an increase of VOC emissions of 0.49 tpd in 2020.
See Table 3. The TCM removal also results in an increase of 0.32 tpd of
NOX in 2020 in the Atlanta Area decreasing over time to near
zero by 2040. See Table 4. The corresponding NOX and VOC
emissions increases at the site-specific ozone monitors, due to the TCM
removal, are found in Table 6 below. The results of the combined
NOX and VOC emissions increases from removing the TCMs
demonstrate there are minimal increases in ozone concentrations at the
monitors. The calculated changes in ozone levels are well below the
level of precision of the ambient ozone monitors (1 ppb or 0.001
ppm).\19\ Since the corresponding ozone increase at all nine monitors
would only be seen at the fifth decimal place,\20\ these small
increases could not impact maintenance or attainment of any ozone
NAAQS.
---------------------------------------------------------------------------
\16\ As part of the SEMAP project, Georgia Institute of
Technology performed an analysis of the sensitivity of ozone
concentrations in the Eastern U.S. to reductions in emissions of
both NOX and VOCs. This analysis was based off the 2007
and 2018 SEMAP modeling which used the Community Multi-scale Air
Quality (CMAQ) model, version 5.01 with updates to the vertical
mixing coefficients and land-water interface. May 1st through
September 30th was modeled using a 12-km modeling grid that covered
the Eastern U.S. Details of the modeling platform set-up can be
found in Appendix D of the September 16, 2019 SIP submission.
\17\ For further details on the approach used to calculate the
normalized sensitivities of NOX and VOC, please see
Appendix D of Georgia's submittal.
\18\ See Appendix E-2 of the September 16, 2019 SIP submission
for the sensitivity calculations.
\19\ Ozone concentrations are reported in ppm and to three
decimal places (e.g., 0.070 ppm); any additional decimal places are
truncated.
\20\ Because the increases in Table 7 are reported in ppb, the
changes are in the 2nd decimal place.
[[Page 39142]]
Table 6--Emissions Increases Due to Removal of TCMs and Effects on Ozone Formation
----------------------------------------------------------------------------------------------------------------
Removal of TCMs Combined
-------------------------------------------------------------------------------
Corresponding
ozone increase Corresponding Corresponding
Monitor 2020 NOX at monitor due 2020 VOC ozone increase ozone increase
emissions to NOX emissions at Monitor due at monitor
increase (tpd) increase \21\ increase (tpd) to VOC (ppb)
(ppb) increase (ppb)
----------------------------------------------------------------------------------------------------------------
Kennesaw........................ 0.32 0.02378 0.49 0.00221 0.0260
Newnan.......................... 0.32 0.02579 0.49 0.00089 0.0267
Dawsonville..................... 0.32 0.01991 0.49 0.00034 0.0203
South Dekalb.................... 0.32 0.02467 0.49 0.00285 0.0275
Douglasville.................... 0.32 0.02550 0.49 0.00205 0.0276
United Ave...................... 0.32 0.01959 0.49 0.00377 0.0234
Gwinnett........................ 0.32 0.02442 0.49 0.00127 0.0257
McDonough....................... 0.32 0.02781 0.49 0.00167 0.0295
Dallas/Yorkville................ 0.32 0.02218 0.49 0.00054 0.0227
Conyers......................... 0.32 0.02873 0.49 0.00152 0.0303
----------------------------------------------------------------------------------------------------------------
J. Non-Interference Analysis for the PM2.5 NAAQS
---------------------------------------------------------------------------
\21\ See Appendix E of the submission.
---------------------------------------------------------------------------
Over the course of several years, EPA has reviewed and revised the
PM2.5 NAAQS several times. On July 18, 1997, EPA established
an annual PM2.5 NAAQS of 15.0 micrograms per cubic meter
([mu]g/m\3\), and on April 14, 2005 (70 FR 19844) designated certain
counties in the Atlanta Area as nonattainment for the 1997 annual
PM2.5 NAAQS. These counties attained the 1997 annual NAAQS
and were redesignated to attainment on February 24, 2016. See 81 FR
9114. On August 24, 2016, EPA took final action to revoke the 1997
PM2.5 NAAQS for areas designated attainment or in
maintenance for the standard. See 81 FR 58010.
On September 21, 2006 (71 FR 61144), EPA retained the 1997 annual
PM2.5 NAAQS of 15.0 [mu]g/m\3\ but revised the 24-hour
PM2.5 NAAQS from 65.0 [mu]g/m\3\ to 35.0 [mu]g/m\3\. On
November 13, 2009, EPA designated most of the state of Georgia--
including the Atlanta Area--as unclassifiable/attainment for the 24-
hour PM2.5 NAAQS. See 74 FR 58688.
On December 14, 2012, EPA strengthened the annual primary
PM2.5 NAAQS from 15.0 [mu]g/m\3\ to 12.0 [mu]g/m.\3\ See 78
FR 3086. EPA designated the state of Georgia--including the Atlanta
Area--as unclassifiable/attainment for the 2012 annual PM2.5
NAAQS. See 80 FR 2206 (January 15, 2015), 81 FR 61136 (September 6,
2016). The current 2016-2018 design value for the annual and 24-hour
PM2.5 NAAQS are 10.1 and 21.0 [mu]g/m\3\, respectively.
The recognized precursor pollutants for PM2.5 are
NOX, SO2, VOC, and ammonia. As mentioned above,
removing the TCMs only results in small emissions increases of VOC and
NOX. Moreover, there have been several studies which have
indicated that SO2 is the primary driver of PM2.5
formation in the Southeast.\22\
---------------------------------------------------------------------------
\22\ See, e.g., Quantifying the sources of ozone, fine
particulate matter, and regional haze in the Southeastern United
States, Journal of Environmental Engineering (June 24, 2009),
available at: https://www.sciencedirect.com/science/article/pii/S0301479709001893?via%3Dihub.
---------------------------------------------------------------------------
As previously stated, removing the TCMs does not affect the most
significant PM2.5 precursor (SO2). In addition,
the increases to other PM2.5 precursors--NOX and
VOCs--are negligible. See Section I.G., above. Based on this and the
fact that the current PM2.5 design values for the Atlanta
Area are below the level of the 2012 annual primary and 2006 24-hour
PM2.5 NAAQS, EPA is proposing to determine that removing the
TCMs for the affected counties would not interfere with the Atlanta
Area's attainment or maintenance of the PM2.5 NAAQS.
K. Non-Interference Analysis for the 2010 NO2 NAAQS
On February 9, 2010 (75 FR 6474), EPA established a 1-hour
NO2 standard set at 100 ppb. In 1971, an annual standard was
set at a level of 53 ppb and has remained unchanged. EPA designated all
counties in Georgia as unclassifiable/attainment for the 2010
NO2 NAAQS on February 17, 2012. See 77 FR 95320. Currently,
the 2016-2018 design values for the 2010 1-hour and annual
NO2 NAAQS are 53.0 and 16.3 ppb, respectively, in the
Atlanta Area. Given that the area is well below the level of the NAAQS,
the small NO2 emissions increase from the TCM removal would
not interfere with the area's ability to continue to attain the NAAQS.
EPA is proposing to determine that removing the TCMs from the area
would not interfere with attainment or maintenance of the 1-hour or
annual NO2 NAAQS.
L. Emissions Increase and Available Offsets and Measures
As shown in Section 1, Tables 3 and 4, removing the TCMs results in
an increase in NOX emissions in 2020 of 0.32 tpd and 0.49
tpd of VOC. The ozone season for the Atlanta ozone Area consists of 245
days per calendar year. This results in equivalent emissions increases
of 79.06 tons per year (tpy) of NOX and 121.01 tpy of VOC as
shown below.
0.32 tpd NOX * 245 days/year = 79.06 tpy of NOX
0.49 tpd VOC * 245 days/year = 121.01 tpy of VOC
As discussed above, Table 6, shows ozone formation in the Atlanta
2008 8-hour ozone Area and the sensitivity to reductions of
NOX and VOC emissions. The Atlanta Area is a NOX
limited area; therefore, the control of NOX emissions result
in greater reductions of ozone compared to control of VOC emissions.
The maximum VOC emissions increase resulting from removing the TCMs
results in 0.49 tpd (121.01 tpy). This increase in VOC emissions can be
converted to an equivalent increase in NOX emissions. GA EPD
multiplied the VOC emissions increase during ozone season by the ratio
of the average VOC to NOX normalized ozone sensitivities at
the nine site-specific monitors, as discussed in Section I.I., to get
the equivalent NOX emissions increase. See the calculation
below.
121.01 tpy VOC * (-0.00427ppb/tpd VOC)/(-0.07680 ppb/tpd
NOX) = 6.62 (VOC equivalent reduction) tpy NOX
By adding the actual NOX emissions increase during ozone
season to the equivalent NOX emissions increase from
[[Page 39143]]
VOC emissions (VOC equivalent) using the sensitivity calculation, GA
calculated the amount of NOX offsets needed to remove the
TCMs. See the calculation below.
79.06 tpy of NOX + 6.62 tpy of NOX (VOC
equivalent reduction) = 85.68 tpy NOX offsets required \23\
---------------------------------------------------------------------------
\23\ 85.68 tons/year represents the total NOX offsets
required if all of the TCMs are removed.
As mentioned earlier, Georgia is requesting the removal of all but
one TCM from the SIP (i.e., the Intersection Upgrade TCM), and
therefore does not need to acquire the entire 85.68 tpy of
NOX offsets. Georgia used the same sensitivity calculations
and ABM and off-model calculations mentioned in Section F to show the
NOX and VOC emissions increase associated with the removal
of the TCMs and excluding the Intersection Upgrade TCM \24\ as seen
below.
---------------------------------------------------------------------------
\24\ Tables 2-4 and 2-7 of Georgia's submittal detail the
NOX and VOC emissions associated with the Intersection
Upgrade TCM. The method used for the ABM and off-model calculations
can be found in Appendix B of Georgia's submittal.
0.11 tpd NOX * 245 days/year = 27.93 tpy of NOX
0.30 tpd VOC * 245 days/year = 74.30 tpy of VOC
74.30 tpy VOC * (-0.0042 ppb/tpd VOC)/(-0.0768 ppb/tpd NOX)
= 4.06 tpy NOX
27.93 tpy of NOX + 4.06 tpy of NOX (VOC
equivalent reduction) = 31.99 tpy of NOX offsets needed.
Georgia's SIP revision includes two offset measures--school bus
replacements and rail locomotive conversions--to obtain the necessary
emissions reductions.\25\ GA EPD has a school bus early replacement
program. School bus replacement projects that were completed in 2018
using Diesel Emissions Reduction Act funding have resulted in
NOX emissions reductions of 12.86 tpy in the Atlanta 2008 8-
hour ozone maintenance Area. Specifically, eighty-five old school buses
(built in 1999-2005) in Fulton County were replaced with 2018 school
buses. The replacements took place in September 2018. Georgia has not
previously relied on these emissions reductions to satisfy any CAA
requirement.
---------------------------------------------------------------------------
\25\ See Appendix F of the September 16, 2019 SIP submittal for
additional information related to these programs, including
calculations for NOX emissions reductions.
---------------------------------------------------------------------------
The Locomotive Conversion Program consists of two components in the
Atlanta Area: (1) The conversion of three older traditional switcher
locomotives into newly-available low emissions engine technology from
Norfolk Southern Railway, Inc., and (2) Norfolk Southern Railway,
Inc.'s conversion of two switchers into ``slugs'' which are driven by
electrical motors whose electricity is received from companion
``mother'' locomotives. This configuration is referred to as mother-
slug locomotives. Slugs do not have any direct emissions. The
conversion took place in December 2018, which also falls within the
contemporaneous timeframe and generated 25.99 tpy of NOX
reductions. Georgia has not previously relied on the emissions
reductions from the Locomotive Conversion Program to satisfy any CAA
requirement. See Table 8 below for a summary of the offsets.
Table 7--Offsets Available for TCM Removal in 2020
----------------------------------------------------------------------------------------------------------------
Locomotive School bus
conversions replacements Total offsets
(tpy) (tpy) (tpy)
----------------------------------------------------------------------------------------------------------------
Available NOX Offsets........................................ 25.99 12.86 38.85
----------------------------------------------------------------------------------------------------------------
Based on the available offsets from the locomotive conversion
projects and school bus early replacement projects, GA EPD has offsets
in excess of the increase in emissions associated with removing the
TCMs.
Table 8--NOX Emissions Increase Compared to Available Emissions Offsets
------------------------------------------------------------------------
Emissions increases due to removing Total offsets Excess offsets
the TCMs (tpy) available (tpy) (tpy)
------------------------------------------------------------------------
31.99................................. 38.85 6.86
------------------------------------------------------------------------
The offsets available from both bus replacements and locomotive
conversions total 38.85 tpy of NOX as shown in Table 7
above. The annual NOX decrease from the locomotive
conversions and school bus replacements are more than adequate to
offset the maximum NOX and VOC emissions increases (31.99
tpy of equivalent NOX) associated with removing the TCMs.
There is a 6.86 tpy excess NOX emissions offset that will
remain available. See Table 8.
In addition, Georgia provided information designed to show that the
substitute measures are quantifiable, permanent, surplus, enforceable,
and contemporaneous. The locomotive conversions and school bus
replacements occurring in 2018 are surplus since they have not been
relied upon by any attainment plan or demonstration or credited in any
RFP demonstration. The converted locomotives must remain operational
for a period of ten years from the date placed into revenue service
(December 2028). The school buses replaced must be scrapped or rendered
permanently disabled or remanufactured to a cleaner emissions standard
within 90 days of replacement. Therefore, the emissions reductions
obtained are considered permanent. The emissions reductions have been
quantified, as shown in Table 7. Fulton County Schools has grant
commitments with EPA to replace school buses, while GA EPD and Norfolk
Southern Railway, Inc., have a contract that requires locomotive
conversions. The locomotive and school replacements occurred within one
year of this submittal. EPA is proposing to conclude that the
substitute measures are quantifiable, permanent, surplus, enforceable,
and contemporaneous as described above to achieve equivalent emissions
reductions to offset the potential emission increases related to
removing the TCMs.
[[Page 39144]]
M. Conclusion Regarding the Non-Interference Analysis
With respect to ozone, EPA is proposing to conclude that the
emissions reductions from the offset measures included in the SIP
revision are greater than those needed to maintain the status quo in
air quality and are permanent, enforceable, quantifiable, surplus,
contemporaneous and equivalent. Removing the identified TCMs from the
SIP would not worsen ozone air quality because Georgia has provided
offsets as compensating, equivalent emissions reductions to negate the
predicted increases in emissions from NOX and VOCs in the
Atlanta 2015 8-hour ozone Area. The amount of NOX reductions
obtained from the school bus and locomotive retrofits are more than
what is needed to compensate for the small amount of NOX and
VOC increases due to removing the TCMs from the Georgia SIP in the
Atlanta Area. In addition, the downward trend in emissions in the
Atlanta 2008 8-hour ozone Area are reflected in the NOX and
VOC attainment inventories summarized in Tables 3 and 4. The emissions
trend show there are safety margins in the maintenance year 2030 of
157.86 tpd for NOX and 50.92 tpd for VOC. EPA has
preliminarily determined that the SIP revision adequately demonstrates
that removing the TCMs from the Georgia SIP for the Atlanta Area would
not interfere with Atlanta Area's ability to attain the 2015 8-hour
ozone NAAQS or maintain the 1997 and 2008 8-hour ozone NAAQS, or with
any other applicable requirement of the CAA.
With respect to NO2 and PM2.5, EPA is
proposing to find that the minimal increases in emissions of
NO2, PM2.5 and PM2.5 precursors would
not interfere with attainment or maintenance of the NO2 or
PM2.5 NAAQS. In addition, with respect to lead,\26\ CO,\27\
coarse particulate matter (PM10),\28\ and
SO2,\29\ EPA is proposing to find that removal of the TCMs
from Georgia's SIP would not interfere with attainment or maintenance
of the NAAQs.
---------------------------------------------------------------------------
\26\ The entire state of Georgia is designated attainment or
unclassifiable/attainment for the lead NAAQS. See 40 CFR 81.311. The
TCMs are not designed to reduce emissions of SO2;
therefore, removing the TCMs from the SIP would not have any impact
on ambient concentrations of lead. EPA proposes to find that removal
of the TCMs from Georgia's SIP would not interfere with continued
attainment or maintenance of the lead NAAQS.
\27\ The entire state of Georgia is designated as attainment or
unclassifiable/attainment for the CO NAAQS. See 40 CFR 81.311. The
TCMs are not designed to reduce emissions of CO; therefore, removing
the TCMs from the SIP would not have any impact on ambient
concentrations of CO. EPA proposes to find that removal of the TCMs
from Georgia's SIP would not interfere with continued attainment or
maintenance of the CO NAAQS.
\28\ The entire state of Georgia is designated attainment for
the PM10 NAAQS. The TCMs are not designed to reduce
emissions of PM10; therefore, removing the TCMs from the
SIP would not have any impact on ambient concentrations of
PM10. EPA proposes to find that removal of the TCMs from
Georgia's SIP would not interfere with continued attainment or
maintenance of the PM10 NAAQS.
\29\ On June 22, 2010, EPA revised the 1-hour SO2
NAAQS to 75 ppb which became effective on August 23, 2010. See 75 FR
35520. On January 9, 2018, EPA designated most of the state of
Georgia, including the counties where the TCMs were implemented, as
attainment/unclassifiable for the 2010 SO2 NAAQS. See 83
FR 1098. The TCMs are not designed to reduce emissions of
SO2; therefore, removing the TCMs from the SIP would not
have any impact on ambient concentrations of SO2. EPA
proposes to find that removal of the TCMs from Georgia's SIP would
not interfere with continued attainment or maintenance of the
SO2 NAAQS.
---------------------------------------------------------------------------
Therefore, EPA is proposing to find that removal of the TCMs from
the Georgia SIP meets the requirements of CAA section 110(l) and would
not interfere with attainment or maintenance of any NAAQS, or any other
requirement of the CAA.
N. Analysis of Updated 2030 MVEBs
This SIP revision includes an update the 2008 8-hour ozone
Maintenance Plan to update the mobile emissions inventory and
associated 2030 MVEBs due to removing the TCMs. Georgia used the same
approach as outlined in the 2008 8-hour ozone Maintenance Plan and
redesignation request to determine the portion of the safety margin
allocated to the MVEBs for this SIP revision. The on-road emissions
inventory and safety margin allocation for the year 2030 were updated,
but the MVEB totals remain unchanged. See Table 9 below. EPA has
evaluated Georgia's revision to the MVEBs and notes that the State went
through the appropriate interagency consultation process (of which EPA
was a part) to establish these updated budgets per 40 CFR 93.105. As a
result, EPA is proposing to approve the updated on-road emissions
inventory, safety margins and MVEBs into the Atlanta 2008 8-hour ozone
Maintenance Plan.
Table 9--Updated MVEBs for the Atlanta 2008 8-Hour Ozone Area (tpd)
----------------------------------------------------------------------------------------------------------------
2014 \30\ 2030
---------------------------------------------------------------
NOX VOC NOX VOC
----------------------------------------------------------------------------------------------------------------
On-Road Emissions............................... 170.15 81.76 39.63 36.01
Safety Margin Allocation........................ .............. .............. 18.37 15.99
MVEBs with Safety Margin........................ 170.15 81.76 58 52
----------------------------------------------------------------------------------------------------------------
II. Proposed Action
---------------------------------------------------------------------------
\30\ The 2014 on-road emissions and MVEBs in this chart are
shown for illustration purposes only, as no changes were made to the
2014 attainment year emissions inventory due to removing the TCMs.
---------------------------------------------------------------------------
EPA is proposing to approve Georgia's September 16, 2019, SIP
revision requesting removal of certain TCMs from the Georgia SIP
applicable within the Atlanta Area. This SIP revision includes updates
to the 2008 8-hour ozone standard Maintenance Plan, specifically the
on-road emissions inventory and the associated 2030 MVEBs, and measures
offsetting the emissions increases due to removal of the TCMs. EPA is
proposing to find that removing the TCMs would not interfere with
attainment or maintenance of any NAAQS or with any other applicable
requirement of the CAA.
III. 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 they meet the criteria of the CAA. This action merely proposes
to approve state law as meeting Federal requirements and does not
impose additional requirements beyond those imposed by state law. For
that reason, this proposed 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);
[[Page 39145]]
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 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).
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 4, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-12691 Filed 6-29-20; 8:45 am]
BILLING CODE 6560-50-P
