
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Proposed Rules]
[Pages 94283-94295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30879]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2016-0583; FRL-9957-32-Region 4]


Air Plan Approval; Air Plan Approval and Air Quality Designation; 
GA; Redesignation of the Atlanta, Georgia 2008 8-Hour Ozone 
Nonattainment Area to Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On July 18, 2016, the State of Georgia, through the Georgia 
Environmental Protection Division (GA EPD) of the Department of Natural 
Resources, submitted a request for the Environmental Protection Agency 
(EPA) to redesignate the Atlanta, Georgia 2008 8-hour ozone 
nonattainment area (hereafter referred to as the ``Atlanta Area'' or 
``Area'') to attainment for the 2008 8-hour ozone National Ambient Air 
Quality Standards (NAAQS) and to approve a State Implementation Plan 
(SIP) revision containing a maintenance plan for the Area. EPA is 
proposing to approve the State's plan for maintaining attainment of the 
2008 8-hour ozone standard in the Area, including the motor vehicle 
emission budgets (MVEBs) for nitrogen oxides (NOX) and 
volatile organic compounds (VOC) for the years 2014 and 2030 for the 
Area, and incorporate it into the SIP, and to redesignate the Area to 
attainment for the 2008 8-hour ozone NAAQS. EPA is also notifying the 
public of the status of EPA's adequacy determination for the MVEBs for 
the Area.

DATES: Comments must be received on or before January 23, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2016-0583 at http://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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jane Spann, Air Regulatory Management 
Section, Air Planning and Implementation Branch, Air, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Spann 
can be reached by phone at (404) 562-9029 or via electronic mail at 
spann.jane@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. What are the actions EPA is proposing to take?
II. What is the background for EPA's proposed actions?
III. What are the criteria for redesignation?
IV. Why is EPA proposing these actions?
V. What is EPA's analysis of the redesignation request and July 18, 
2016, SIP submission?
VI. What is EPA's analysis of Georgia's proposed NOX and 
VOC MVEBs for the Atlanta Area?
VII. What is the Status of EPA's adequacy determination for the 
proposed NOX and VOC MVEBs the Atlanta area?
VIII. What is the effect of EPA's proposed actions?
IX. Proposed Actions
X. Statutory and Executive Order Reviews

I. What are the actions EPA is proposing to take?

    EPA is proposing to take the following separate but related 
actions: (1) To approve Georgia's plan for maintaining the 2008 8-hour 
ozone NAAQS (maintenance plan), including the associated MVEBs for the 
Atlanta Area, and incorporate it into the SIP, and (2) to redesignate 
the Atlanta Area to attainment for the 2008 8-hour ozone NAAQS. EPA is 
also notifying the public of the status of EPA's adequacy

[[Page 94284]]

determination for the MVEBs for the Atlanta Area. The Atlanta Area 
consists of Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, 
Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding and 
Rockdale Counties in Georgia. These proposed actions are summarized 
below and described in greater detail throughout this notice of 
proposed rulemaking.
    EPA is proposing to approve Georgia's maintenance plan for the 
Atlanta Area as meeting the requirements of section 175A (such approval 
being one of the CAA criteria for redesignation to attainment status) 
and incorporate it into the SIP. The maintenance plan is designed to 
keep the Atlanta Area in attainment of the 2008 8-hour ozone NAAQS 
through 2030. The maintenance plan includes 2014 and 2030 MVEBs for 
NOX and VOC for the Atlanta Area for transportation 
conformity purposes. EPA is proposing to approve these MVEBs and 
incorporate them into the SIP.
    EPA also proposes to determine that the Atlanta Area has met the 
requirements for redesignation under section 107(d)(3)(E) of the CAA. 
Accordingly, in this action, EPA is proposing to approve a request to 
change the legal designation of Bartow, Cherokee, Clayton, Cobb, 
Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, 
Newton, Paulding and Rockdale Counties in Georgia, as found at 40 CFR 
part 81, from nonattainment to attainment for the 2008 8-hour ozone 
NAAQS.
    EPA is also notifying the public of the status of EPA's adequacy 
process MVEBs for the Atlanta Area. The Adequacy comment period began 
on September 2, 2016, with EPA's posting of the availability of 
Georgia's submissions on EPA's Adequacy Web site (https://www.epa.gov/state-and-local-transportation/state-implementation-plans-sip-submissions-currently-under-epa). The Adequacy comment period for these 
MVEBs closed on October 3, 2016. No comments, adverse or otherwise, 
were received during the Adequacy comment period. Please see section 
VII of this proposed rulemaking for further explanation of this process 
and for more details on the MVEBs.
    In summary, this notice of proposed rulemaking is in response to 
Georgia's July 18, 2016, redesignation request and associated SIP 
submission that address the specific issues summarized above and the 
necessary elements described in section 107(d)(3)(E) of the CAA for 
redesignation of the Atlanta Area to attainment for the 2008 8-hour 
ozone NAAQS.

II. What is the background for EPA's proposed actions?

    On March 12, 2008, EPA revised both the primary and secondary NAAQS 
for ozone to a level of 0.075 parts per million (ppm) to provide 
increased protection of public health and the environment. See 73 FR 
16436 (March 27, 2008). The 2008 ozone NAAQS retains the same general 
form and averaging time as the 0.08 ppm NAAQS set in 1997, but is set 
at a more protective level. Under EPA's regulations at 40 CFR part 50, 
the 2008 8-hour ozone NAAQS is attained when the 3-year average of the 
annual fourth highest daily maximum 8-hour average ambient air quality 
ozone concentrations is less than or equal to 0.075 ppm. See 40 CFR 
50.15.
    Effective July 20, 2012, EPA designated any area that was violating 
the 2008 8-hour ozone NAAQS based on the three most recent years (2008-
2010) of air monitoring data as a nonattainment area. See 77 FR 30088 
(May 21, 2012). The Atlanta Area was designated as a marginal ozone 
nonattainment area. See 40 CFR 81.311. Areas that were designated as 
marginal ozone nonattainment areas were required to attain the 2008 8-
hour ozone NAAQS no later than July 20, 2015, based on 2012-2014 
monitoring data. The Atlanta Area did not attain the 2008 8-hour ozone 
NAAQS by July 20, 2015, and therefore on May 4, 2016, EPA published a 
final rule reclassifying the Atlanta Area from a marginal nonattainment 
area to a moderate nonattainment area for the 2008 8-hour ozone 
standard. See 81 FR 26697 (May 4, 2016). Moderate areas are required to 
attain the 2008 8-hour ozone NAAQS no later than July 20, 2018, six 
years after the effective date of the initial nonattainment 
designations. See 40 CFR 51.1103.
    On July 14, 2016, EPA determined that the Atlanta Area attained the 
2008 8-hour ozone NAAQS based on complete, quality-assured, and 
certified ozone monitoring data from monitoring stations in the Atlanta 
Area for the 2008 8-hour ozone NAAQS for 2013 through 2015. See 81 FR 
45419. Under the provisions of EPA's ozone implementation rule for the 
2008 8-hour ozone NAAQS (40 CFR part 51, subpart AA), if EPA issues a 
determination that an area is attaining the relevant standard, also 
known as a Clean Data Determination, the area's obligations to submit 
an attainment demonstration and associated reasonably available control 
measures (RACM), reasonable further progress plan (RFP), contingency 
measures, and other planning SIPs related to attainment of the 2008 8-
hour ozone NAAQS are suspended until EPA: (i) Redesignates the area to 
attainment for the standard or approves a redesignation substitute, at 
which time those requirements no longer apply; or (ii) EPA determines 
that the area has violated the standard, at which time the area is 
again required to submit such plans. See 40 CFR 51.1118. While these 
requirements are suspended, EPA is not precluded from acting upon these 
elements at any time if submitted to EPA for review and approval.
    An attainment determination is not equivalent to a redesignation 
under section 107(d)(3) of the CAA. Additionally, the determination of 
attainment is separate from, and does not influence or otherwise 
affect, any future designation determination or requirements for the 
Atlanta Area based on any new or revised ozone NAAQS, and the 
determination of attainment remains in effect regardless of whether EPA 
designates this Area as a nonattainment area for purposes of any new or 
revised ozone NAAQS.

III. What are the criteria for redesignation?

    The CAA provides the requirements for redesignating a nonattainment 
area to attainment. Specifically, section 107(d)(3)(E) of the CAA 
allows for redesignation providing that: (1) The Administrator 
determines that the area has attained the applicable NAAQS; (2) the 
Administrator has fully approved the applicable implementation plan for 
the area under section 110(k); (3) the Administrator determines that 
the improvement in air quality is due to permanent and enforceable 
reductions in emissions resulting from implementation of the applicable 
SIP and applicable federal air pollutant control regulations and other 
permanent and enforceable reductions; (4) the Administrator has fully 
approved a maintenance plan for the area as meeting the requirements of 
section 175A; and (5) the state containing such area has met all 
requirements applicable to the area for purposes of redesignation under 
section 110 and part D of the CAA.
    On April 16, 1992, EPA provided guidance on redesignation in the 
General Preamble for the Implementation of title I of the CAA 
Amendments of 1990 (57 FR 13498), and supplemented this guidance on 
April 28, 1992 (57 FR 18070). EPA has provided further guidance on 
processing redesignation requests in the following documents:

    1. ``Ozone and Carbon Monoxide Design Value Calculations,'' 
Memorandum from Bill

[[Page 94285]]

Laxton, Director, Technical Support Division, June 18, 1990;
    2. ``Maintenance Plans for Redesignation of Ozone and Carbon 
Monoxide Nonattainment Areas,'' Memorandum from G. T. Helms, Chief, 
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
    3. ``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' Memorandum from G. T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, June 1, 1992;
    4. ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992 (hereinafter referred to as 
the ``Calcagni Memorandum'');
    5. ``State Implementation Plan (SIP) Actions Submitted in 
Response to Clean Air Act (CAA) Deadlines,'' Memorandum from John 
Calcagni, Director, Air Quality Management Division, October 28, 
1992;
    6. ``Technical Support Documents (TSDs) for Redesignation of 
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum 
from G. T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, 
August 17, 1993;
    7. ``State Implementation Plan (SIP) Requirements for Areas 
Submitting Requests for Redesignation to Attainment of the Ozone and 
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) 
On or After November 15, 1992,'' Memorandum from Michael H. Shapiro, 
Acting Assistant Administrator for Air and Radiation, September 17, 
1993 (hereinafter referred to as the ``Shapiro Memorandum'');
    8. ``Use of Actual Emissions in Maintenance Demonstrations for 
Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry, 
Acting Director, Air Quality Management Division, November 30, 1993;
    9. ``Part D New Source Review (Part D NSR) Requirements for 
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary 
D. Nichols, Assistant Administrator for Air and Radiation, October 
14, 1994 (hereinafter referred to as the ``Nichols Memorandum''); 
and
    10. ``Reasonable Further Progress, Attainment Demonstration, and 
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone 
National Ambient Air Quality Standard,'' Memorandum from John S. 
Seitz, Director, Office of Air Quality Planning and Standards, May 
10, 1995.

IV. Why is EPA proposing these actions?

    On July 18, 2016, Georgia requested that EPA redesignate the 
Atlanta Area to attainment for the 2008 8-hour ozone NAAQS and approve 
the associated SIP revision submitted on the same date containing a 
maintenance plan for the Area. EPA's evaluation indicates that the 
Atlanta Area meets the requirements for redesignation as set forth in 
CAA section 107(d)(3)(E), including the maintenance plan requirements 
under CAA section 175A and associated MVEBs. As a result of these 
proposed findings, EPA is proposing to take the actions summarized in 
section I of this notice.

V. What is EPA's analysis of the redesignation request and July 18, 
2016, SIP submission?

    As stated above, in accordance with the CAA, EPA proposes to 
approve the 2008 8-hour ozone NAAQS maintenance plan, including the 
associated MVEBs, and incorporate it into the Georgia SIP; and 
redesignate the Atlanta Area to attainment for the 2008 8-hour ozone 
NAAQS. The five redesignation criteria provided under CAA section 
107(d)(3)(E) are discussed in greater detail for the Area in the 
following paragraphs of this section.

Criteria (1)--The Atlanta GA Area Has Attained the 2008 8-Hour Ozone 
NAAQS

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the area has attained the applicable 
NAAQS. See CAA section 107(d)(3)(E)(i). For ozone, an area may be 
considered to be attaining the 2008 8-hour ozone NAAQS if it meets the 
2008 8-hour ozone NAAQS, as determined in accordance with 40 CFR 50.15 
and Appendix P of part 50, based on three complete, consecutive 
calendar years of quality-assured air quality monitoring data. To 
attain the NAAQS, the 3-year average of the fourth-highest daily 
maximum 8-hour average ozone concentrations measured at each monitor 
within an area over each year must not exceed 0.075 ppm. Based on the 
data handling and reporting convention described in 40 CFR part 50, 
Appendix P, the NAAQS are attained if the design value is 0.075 ppm or 
below. The data must be collected and quality-assured in accordance 
with 40 CFR part 58 and recorded in EPA's Air Quality System (AQS). The 
monitors generally should have remained at the same location for the 
duration of the monitoring period required for demonstrating 
attainment.
    On July 14, 2016, EPA determined that the Atlanta Area attained the 
2008 8-hour ozone NAAQS. See 81 FR 45419. In that action, EPA reviewed 
complete, quality-assured, and certified ozone monitoring data from 
monitoring stations in the Atlanta Area for the 2008 8-hour ozone NAAQS 
for 2013 through 2015 and determined that the design values for each 
monitor in the Area are less than the standard of 0.075 ppm for that 
time period. The fourth-highest 8-hour ozone values at each monitor for 
2013, 2014, and 2015 and the 3-year averages of these values (i.e., 
design values), are summarized in Table 2, below.

                       Table 2--2013-2015 Design Value Concentrations for the Atlanta Area
                                                      [ppm]
----------------------------------------------------------------------------------------------------------------
                                                                  4th Highest 8-hour ozone value        3-Year
                                                             ---------------------------------------    design
       Location (county)             Monitoring station                                                 values
                                                                  2013         2014         2015    ------------
                                                                                                      2013-2015
----------------------------------------------------------------------------------------------------------------
Cobb..........................  GA National Guard, McCollum         0.067        0.063        0.066        0.066
                                 Pkwy (13-067-0003).
Coweta........................  University of W. Georgia at         0.053        0.067        0.066        0.062
                                 Newnan (13-077-0002).
DeKalb........................  2390-B Wildcat Road Decatur         0.062        0.070        0.071        0.067
                                 (13-089-0002).
Douglas.......................  Douglas Co. Water Auth. W.          0.063        0.065        0.070        0.066
                                 Strickland St. (13-097-
                                 0004).
Gwinnett......................  Gwinnett Tech, 5150                 0.069        0.068        0.071        0.069
                                 Sugarloaf Pkwy. (13-135-
                                 0002).
Henry.........................  Henry County Extension              0.070        0.075        0.070        0.071
                                 Office (13-151-0002).
Paulding......................  Yorkville, King Farm (13-223-       0.062        0.059        0.065        0.062
                                 0003).
Rockdale......................  Conyers Monastery, 2625 GA          0.071        0.079        0.068        0.072
                                 Hwy. 212 (13-247-0001).
Fulton........................  Confederate Ave., Atlanta           0.069        0.073        0.077        0.073
                                 (13-121-0055).
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[[Page 94286]]

    The 3-year design value for 2013-2015 for the Atlanta Area is 0.073 
ppm,\1\ which meets the NAAQS.
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    \1\ 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.
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    For this proposed action, EPA has reviewed 2016 preliminary 
monitoring data for the Area and proposes to find that the preliminary 
data does not indicate a violation of the NAAQS.\2\ EPA will not take 
final action to approve the redesignation if the 3-year design value 
exceeds the NAAQS prior to EPA finalizing the redesignation. As 
discussed in more detail below, Georgia has committed to continue 
monitoring in this Area in accordance with 40 CFR part 58.
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    \2\ This preliminary data is available at EPA's air data Web 
site: http://aqsdr1.epa.gov/aqsweb/aqstmp/airdata/.
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Criteria (2)--Georgia Has a Fully Approved SIP Under Section 110(k) for 
the Atlanta Area; and Criteria (5)--Georgia Has Met All Applicable 
Requirements Under Section 110 and Part D of Title I of the CAA

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the state has met all applicable 
requirements under section 110 and part D of title I of the CAA (CAA 
section 107(d)(3)(E)(v)) and that the state has a fully approved SIP 
under section 110(k) for the area (CAA section 107(d)(3)(E)(ii)). EPA 
proposes to find that Georgia has met all applicable SIP requirements 
for the Atlanta Area under section 110 of the CAA (general SIP 
requirements) for purposes of redesignation. Additionally, EPA proposes 
to find that Georgia has met all applicable SIP requirements for 
purposes of redesignation under part D of title I of the CAA in 
accordance with section 107(d)(3)(E)(v) and proposes to determine that 
the SIP is fully approved with respect to all requirements applicable 
for purposes of redesignation in accordance with section 
107(d)(3)(E)(ii). In making these proposed determinations, EPA 
ascertained which requirements are applicable to the Area and, if 
applicable, that they are fully approved under section 110(k). SIPs 
must be fully approved only with respect to requirements that were due 
prior to submittal of the complete redesignation request.
a. The Atlanta Area Has Met All Applicable Requirements Under Section 
110 and Part D of the CAA
    General SIP requirements. General SIP elements and requirements are 
delineated in section 110(a)(2) of title I, part A of the CAA. These 
requirements include, but are not limited to, the following: Submittal 
of a SIP that has been adopted by the state after reasonable public 
notice and hearing; provisions for establishment and operation of 
appropriate procedures needed to monitor ambient air quality; 
implementation of a source permit program; provisions for the 
implementation of part C requirements (Prevention of Significant 
Deterioration (PSD)) and provisions for the implementation of part D 
requirements (NSR permit programs); provisions for air pollution 
modeling; and provisions for public and local agency participation in 
planning and emission control rule development.
    Section 110(a)(2)(D) requires that SIPs contain certain measures to 
prevent sources in a state from significantly contributing to air 
quality problems in another state. To implement this provision, EPA has 
required certain states to establish programs to address the interstate 
transport of air pollutants. The section 110(a)(2)(D) requirements for 
a state are not linked with a particular nonattainment area's 
designation and classification in that state. EPA believes that the 
requirements linked with a particular nonattainment area's designation 
and classifications are the relevant measures to evaluate in reviewing 
a redesignation request. The transport SIP submittal requirements, 
where applicable, continue to apply to a state regardless of the 
designation of any one particular area in the state. Thus, EPA does not 
believe that the CAA's interstate transport requirements should be 
construed to be applicable requirements for purposes of redesignation.
    In addition, EPA believes other section 110 elements that are 
neither connected with nonattainment plan submissions nor linked with 
an area's attainment status are not applicable requirements for 
purposes of redesignation. The area will still be subject to these 
requirements after the area is redesignated. The section 110 and part D 
requirements which are linked with a particular area's designation and 
classification are the relevant measures to evaluate in reviewing a 
redesignation request. This approach is consistent with EPA's existing 
policy on applicability (i.e., for redesignations) of conformity and 
oxygenated fuels requirements, as well as with section 184 ozone 
transport requirements. See Reading, Pennsylvania, proposed and final 
rulemakings (61 FR 53174-53176, October 10, 1996), (62 FR 24826, May 7, 
2008); Cleveland-Akron-Loraine, Ohio, final rulemaking (61 FR 20458, 
May 7, 1996); and Tampa, Florida, final rulemaking at (60 FR 62748, 
December 7, 1995). See also the discussion on this issue in the 
Cincinnati, Ohio, redesignation (65 FR 37890, June 19, 2000), and in 
the Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October 19, 
2001).
    Title I, Part D, applicable SIP requirements. Section 172(c) of the 
CAA sets forth the basic requirements of attainment plans for 
nonattainment areas that are required to submit them pursuant to 
section 172(b). Subpart 2 of part D, which includes section 182 of the 
CAA, establishes specific requirements for ozone nonattainment areas 
depending on the area's nonattainment classification. As provided in 
Subpart 2, a marginal ozone nonattainment area must submit an emissions 
inventory that complies with section 172(c)(3), but the specific 
requirements of section 182(a) apply in lieu of the demonstration of 
attainment (and contingency measures) required by section 172(c). See 
42 U.S.C. 7511a(a). A moderate area must meet the marginal area 
requirements of section 182(a) and additional requirements specific to 
moderate (and higher) areas under section 182(b). A thorough discussion 
of the requirements contained in sections 172(c) and 182 can be found 
in the General Preamble for Implementation of Title I (57 FR 13498).
    Under its longstanding interpretation of the CAA, EPA has 
interpreted section 107(d)(3)(E) to mean, as a threshold matter, that 
the part D provisions which are ``applicable'' and which must be 
approved in order for EPA to redesignate an area include only those 
which came due prior to a state's submittal of a complete redesignation 
request. See Calcagni Memorandum. See also Shapiro Memorandum; Final 
Redesignation of Detroit-Ann Arbor, (60 FR 12459, 12465-66, March 7, 
1995); Final Redesignation of St. Louis, Missouri, (68 FR 25418, 25424-
27, May 12, 2003); Sierra Club v. EPA, 375 F.3d 537, 541 (7th Cir. 
2004) (upholding EPA's redesignation rulemaking applying this 
interpretation and expressly rejecting Sierra Club's view that the 
meaning of ``applicable'' under the statute is ```whatever should have 
been in the plan at the time of attainment' rather than whatever 
actually was in the plan and already implemented or due at the time of 
attainment''').\3\ For the Atlanta Area, no

[[Page 94287]]

section 182(b) Part D moderate nonattainment area requirements for the 
2008 8-hour ozone standard were due at the time that Georgia submitted 
its redesignation request on July 18, 2016; therefore these 
requirements are not applicable for the purposes of redesignation.\4\ 
In addition, as discussed below, several of the Part D requirements 
under 182(a) and 182(b) are otherwise not applicable for the purposes 
of redesignation and several of the requirements have already been 
satisfied by the State.
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    \3\ Applicable requirements of the CAA that come due subsequent 
to the area's submittal of a complete redesignation request remain 
applicable until a redesignation is approved, but are not required 
as a prerequisite to redesignation. See Calcagni Memorandum; CAA 
section 175A(c).
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    Section 182(a) Requirements. Section 182(a)(1) requires states to 
submit a comprehensive, accurate, and current inventory of actual 
emissions from sources of VOC and NOX emitted within the 
boundaries of the ozone nonattainment area. This inventory submission 
was due on July 20, 2015, for the Atlanta Area. Georgia provided an 
emissions inventory for the Area to EPA in a February 6, 2015, SIP 
submission, and EPA approved the emissions inventory in an action 
published on August 11, 2015. See 80 FR 48036.
    Under section 182(a)(2)(A), states with ozone nonattainment areas 
that were designated prior to the enactment of the 1990 CAA amendments 
were required to submit, within six months of classification, all rules 
and corrections to existing VOC reasonably available control technology 
(RACT) rules that were required under section 172(b)(3) of the CAA (and 
related guidance) prior to the 1990 CAA amendments. The Area is not 
subject to the section 182(a)(2) RACT ``fix up'' requirement for the 
2008 ozone NAAQS because it was designated as nonattainment for this 
standard after the enactment of the 1990 CAA amendments. Furthermore, 
the State complied with this requirement under the 1-hour ozone NAAQS. 
See 57 FR 46780 (October 13, 1992).
    Section 182(a)(2)(B) requires each state with a marginal or higher 
ozone nonattainment area classification that implemented, or was 
required to implement, an inspection and maintenance (I/M) program 
prior to the 1990 CAA amendments to submit a SIP revision providing for 
an I/M program no less stringent than that required prior to the 1990 
amendments or already in the SIP at the time of the amendments, 
whichever is more stringent. The Atlanta Area is not subject to the 
section 182(a)(2)(B) requirement because the Area was designated as 
nonattainment for the 2008 8-hour ozone standard after the enactment of 
the 1990 CAA amendments. As discussed below in the section addressing 
section 182(b) requirements, Georgia has an I/M program that meets its 
past I/M obligations under section 182(c)(3) for its severe 
classification under the 1990 1-hour ozone NAAQS.
    Regarding the permitting and offset requirements of section 
182(a)(2)(C) and section 182(a)(4), Georgia currently has a fully 
approved part D NSR program in place. However, EPA has determined that 
areas being redesignated need not comply with the requirement that a 
NSR program be approved prior to redesignation, provided that the area 
demonstrates maintenance of the NAAQS without part D NSR, because PSD 
requirements will apply after redesignation. A more detailed rationale 
for this view is described in the Nichols Memorandum. Georgia's PSD 
program will become applicable in the Atlanta Area upon redesignation 
to attainment.
    Section 182(a)(3) requires states to submit periodic inventories 
and emissions statements. Section 182(a)(3)(A) requires states to 
submit a periodic inventory every three years. As discussed below in 
the section of this notice titled Verification of Continued Attainment, 
the State will continue to update its emissions inventory at least once 
every three years. Under section 182(a)(3)(B), each state with an ozone 
nonattainment area must submit a SIP revision requiring emissions 
statements to be submitted to the state by certain sources within that 
nonattainment area. Georgia provided a SIP revision to EPA on February 
6, 2015, addressing the section 182(a)(3)(B) emissions statements 
requirement, and on August 11, 2015, EPA published a direct final rule 
approving this SIP revision. See 80 FR 48036 (August 11, 2015).
    Section 182(b) Requirements. Section 182(b) of the CAA, found in 
subpart 2 of part D, establishes additional requirements for moderate 
(and higher) ozone nonattainment areas. As noted above, no section 
182(b) Part D moderate nonattainment area requirements for the 2008 8-
hour ozone standard were due at the time that Georgia submitted its 
redesignation request on July 18, 2016; therefore, these requirements 
are not applicable for the purposes of redesignation.
    The RFP plan requirements under section 182(b)(1) are defined as 
progress that must be made toward attainment for the 2008 8-hour ozone 
NAAQS. These requirements are not relevant for purposes of 
redesignation because EPA has determined that the Atlanta Area attained 
of the 2008 8-hour ozone NAAQS. See 57 FR 13564.
    Section 182(b)(2) of the CAA requires states with areas designated 
as moderate (or higher) nonattainment areas for the ozone NAAQS to 
submit a SIP revision to require RACT for all major VOC and 
NOX sources and for each category of VOC sources in the Area 
covered by a Control Techniques Guidelines (CTG) document. The CTGs 
established by EPA are guidance to the states and provide 
recommendations only. A state can develop its own strategy for what 
constitutes RACT for the various CTG categories, and EPA will review 
that strategy in the context of the SIP process and determine whether 
it meets the RACT requirements of the CAA and its implementing 
regulations. If no major sources of VOC or NOX emissions 
(which should be considered separately) or no sources in a particular 
source category exist in an applicable nonattainment area, a state may 
submit a negative declaration for that category. In the past, Georgia 
has met previous RACT requirements. EPA approved Georgia's RACT 
submittals, for the 1997 ozone NAAQS, on September 28, 2012. See 77 FR 
59554.
    The section 182(b)(3) gasoline vapor recovery requirements once 
applied in all moderate (and higher) ozone nonattainment areas. 
However, under section 202(a)(6) of the CAA the requirements of section 
182(b)(3) no longer apply in moderate ozone nonattainment areas because 
EPA promulgated onboard refueling vapor recovery standards on April 6, 
1994. See 59 FR 16262; 40 CFR parts 86, 88, and 600.
    Section 182(b)(4) of the CAA requires states with areas designated 
as moderate (or higher) nonattainment for the ozone NAAQS to submit 
SIPs requiring inspection and maintenance of vehicles (I/M). In 1991, 
EPA classified a 13-county area in and around the Atlanta, Georgia, 
metropolitan area as a serious ozone nonattainment area for the 1990 1-
hour ozone NAAQS, triggering the requirement for the State to establish 
an enhanced I/M program for this 13-county area.\5\ EPA fully approved 
this program into the SIP in January 2000. See 65 FR 4133 (January 26, 
2000).
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    \5\ On November 6, 1991, EPA designated and classified the 
following counties in and around the Atlanta, Georgia, metropolitan 
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. See 56 FR 
56694.
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    Section 182(b)(5) of the CAA requires that for purposes of 
satisfying the general emission offset requirement, the ratio of total 
emission reductions to total increase emissions shall be at least 1.15 
to 1. Georgia currently requires these

[[Page 94288]]

offsets in its SIP-approved state regulations, Georgia Rule 391-3-
1-.03(8)(c)(13) and (14).
    Section 176 Conformity Requirements. Section 176(c) of the CAA 
requires states to establish criteria and procedures to ensure that 
federally supported or funded projects conform to the air quality 
planning goals in the applicable SIP. The requirement to determine 
conformity applies to transportation plans, programs, and projects that 
are developed, funded, or approved under title 23 of the United States 
Code (U.S.C.) and the Federal Transit Act (transportation conformity) 
as well as to all other federally supported or funded projects (general 
conformity). State transportation conformity SIP revisions must be 
consistent with federal conformity regulations relating to 
consultation, enforcement, and enforceability that EPA promulgated 
pursuant to its authority under the CAA.
    EPA interprets the conformity SIP requirements \6\ as not applying 
for purposes of evaluating a redesignation request under section 107(d) 
because state conformity rules are still required after redesignation 
and federal conformity rules apply where state rules have not been 
approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001) (upholding this 
interpretation); see also 60 FR 62748 (December 7, 1995) (redesignation 
of Tampa, Florida). Nonetheless, Georgia has an approved conformity SIP 
for the Atlanta Area. See 77 FR 35866 (June 15, 2012).
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    \6\ CAA section 176(c)(4)(E) requires states to submit revisions 
to their SIPs to reflect certain federal criteria and procedures for 
determining transportation conformity. Transportation conformity 
SIPs are different from the MVEBs that are established in control 
strategy SIPs and maintenance plans.
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    Thus, for the reasons discussed above, EPA proposes that the 
Atlanta Area has satisfied all applicable requirements for purposes of 
redesignation under section 110 and part D of title I of the CAA.
b. The Atlanta Area Has a Fully Approved Applicable SIP Under Section 
110(k) of the CAA
    EPA has fully approved the applicable Georgia SIP for the Atlanta 
Area under section 110(k) of the CAA for all requirements applicable 
for purposes of redesignation. EPA may rely on prior SIP approvals in 
approving a redesignation request (see Calcagni Memorandum at p. 3; 
Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 
989-90 (6th Cir. 1998); Wall, 265 F.3d 426) plus any additional 
measures it may approve in conjunction with a redesignation action (see 
68 FR 25426 (May 12, 2003) and citations therein). Georgia has adopted 
and submitted, and EPA has fully approved at various times, provisions 
addressing various SIP elements applicable for the ozone NAAQS. See 80 
FR 61109 (October 9, 2015) and 81 FR 65899 (September 26, 2016).
    As discussed above, EPA believes that the section 110 elements that 
are neither connected with nonattainment plan submissions, nor linked 
to an area's nonattainment status, are not applicable requirements for 
purposes of redesignation and believes that Georgia has met all part D 
requirements applicable for purposes of this redesignation.

Criteria (3)--The Air Quality Improvement in the Atlanta Area Is Due to 
Permanent and Enforceable Reductions in Emissions Resulting From 
Implementation of the SIP and Applicable Federal Air Pollution Control 
Regulations and Other Permanent and Enforceable Reductions

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the air quality improvement in the area 
is due to permanent and enforceable reductions in emissions resulting 
from implementation of the SIP, applicable federal air pollution 
control regulations, and other permanent and enforceable reductions. 
See CAA section 107(d)(3)(E)(iii). EPA has preliminarily determined 
that Georgia has demonstrated that the observed air quality improvement 
in the Atlanta Area is due to permanent and enforceable reductions in 
emissions resulting from federal measures and from state measures 
adopted into the SIP and is not the result of unusually favorable 
weather conditions.\7\
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    \7\ Georgia provided average temperature and precipitation data 
for May through September in Atlanta, Georgia, from 1930 through 
2015. Based on this information, the average temperature and 
precipitation in 2013 fluctuates around the average meteorological 
conditions; the years 2014 and 2015 were hotter than the 1930-2000 
average temperature; and precipitation in 2014 was less than the the 
1930-2000 average. See section 2.3 of the State's redesignation 
request and SIP revision for further meteorological information.
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    State measures adopted into the SIP and federal measures enacted in 
recent years have resulted in permanent emission reductions. The SIP-
approved state measures, some of which implement federal requirements, 
that have been implemented to date and identified by Georgia include: 
Georgia Rule 391-3-1-.02(2)(yy)--Emissions of Nitrogen Oxides; Georgia 
Rule 391-3-1-.02(2)(jjj)--NOX from EGUs; Georgia Rule 391-3-
1-.02(2)(lll)--NOX from Fuel Burning Equipment; Georgia Rule 
391-3-1-.02(2)(nnn)--NOX from Stationary Gas Turbines; 
Georgia Rule 391-3-1-.02(2)(rrr)--NOX from Small Fuel 
Burning Equipment; and Georgia Rule Chapter 391-3-20--Enhanced 
Inspection and Maintenance.
    Georgia Rule 391-3-1-.02(2) contains provisions that target 
emission reductions necessary for ozone reduction. Those provisions 
that are approved into the federally-approved SIP and are therefore 
federally enforceable include:
    Rule 391-3-1-.02(2)(yy)--this rule requires a case-by-case RACT 
determination for sources of NOX emissions with the 
potential to emit more than 25 tons of NOX per year in 
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, 
Fulton, Gwinnett, Henry, Paulding, and Rockdale counties and for 
sources that have the potential to emit more than 100 tons of 
NOX per year in Barrow, Bartow, Carroll, Hall, Newton, 
Spalding, and Walton counties.
    Rule 391-3-1-.02(2)(jjj)--this rule regulates NOX 
emissions from coal-fired external combustion devices that generate 
steam for electricity generation. This rule established a 
NOX emission standard of 0.13 pounds per million British 
Thermal Unit (lb/MMBtu) from May 1 through September 30 (starting in 
2003) averaged across affected sources in Bartow, Cherokee, Clayton, 
Cobb, Coweta, DeKalb, Douglas, Fayette, Floyd, Forsyth, Fulton, 
Gwinnett, Heard, Henry, Paulding, and Rockdale counties.
    Rule 391-3-1-.02(2)(lll)--this rule applies to fuel-burning 
equipment with maximum design heat input capacities greater than or 
equal to 10 million British Thermal Units per hour (MMBtu/hr) and less 
than or equal to 250 MMBtu/hr in 45 counties, including the counties in 
the Atlanta Area. It established a compliance date for the ozone 
standard beginning on May 1, 2000, and it affects all fuel burning 
equipment installed from that date forward. This rule also affects 
future possible emissions for new or modified sources by requiring the 
operation of equipment during the control season to meet emission 
limits based on the use of natural gas.
    Rule 391-3-1-.02(2)(nnn)--this rule establishes ozone season 
NOX emissions limits for stationary gas turbines greater 
than 25 MW in 45 counties in and around the Atlanta Area. This rule 
requires combustion turbines permitted on or after April 1, 2000, to 
emit no more than 6 ppm NOX at 15 percent oxygen during the 
period of May 1 through September 30 of each year. This

[[Page 94289]]

period falls within the broader ozone season.
    Rule 391-3-1-.02(2)(rrr)--this is a RACT rule for small fuel-
burning equipment. It requires that, in order to reduce NOX, 
an annual tune-up and the burning of natural gas, liquefied petroleum 
gas, or propane be conducted on individual fuel burning equipment in 
the Atlanta Area that is not subject to Rule 391-3-1-.02(2)(jjj) or 
391-3-1-.02(2)(lll), during ozone season. This includes individual 
fuel-burning equipment located at facilities in Cherokee, Clayton, 
Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, 
Henry, Paulding, or Rockdale County with NOX emissions 
exceeding 25 tons per year and at facilities in Barrow, Bartow, 
Carroll, Hall, Newton, Spalding or Walton County with NOX 
emissions exceeding 100 tons per year; the individual fuel-burning 
equipment has potential emissions of NOX equal to or 
exceeding 1 ton per year; and the individual fuel-burning equipment 
either has a maximum design heat input capacity of less than 100 
million BTU per hour or less than 10 million BTU per hour, depending on 
when it was installed.
    Rule Chapter 391-3-20--Enhanced Inspection and Maintenance (Vehicle 
Emissions I/M Program)--As discussed above, EPA fully approved the 
State's enhanced I/M program and adopted it into the SIP in January 
2000. See 65 FR 4133 (January 26, 2000). The program applies to 
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, 
Fulton, Gwinnett, Henry, Paulding, and Rockdale counties, all of which 
are located in the Atlanta Area.
    Federal measures enacted in recent years have also resulted in 
permanent emission reductions in the Atlanta Area. The federal measures 
that have been implemented include the following:
    Clean Air Interstate Rule (CAIR)/Cross-State Air Pollution Rule 
(CSAPR). CAIR created regional cap-and-trade programs to reduce 
SO2 and NOX emissions in 28 eastern states, 
including Georgia, that contributed to downwind nonattainment and 
maintenance of the 1997 8-hour ozone NAAQS and the 1997 
PM2.5 NAAQS. See 70 FR 25162 (May 12, 2005). In 2008, the 
United States Court of Appeals for the District of Columbia Circuit 
(D.C. Circuit) initially vacated CAIR in North Carolina v. EPA, 531 
F.3d 896 (D.C. Cir. 2008), but ultimately remanded the rule to EPA 
without vacatur in North Carolina v. EPA, 550 F.3d 1176, 1178 (D.C. 
Cir. 2008) to preserve the environmental benefits provided by CAIR. On 
August 8, 2011 (76 FR 48208), acting on the D.C. Circuit's remand, EPA 
promulgated CSAPR to replace CAIR and thus to address the interstate 
transport of emissions contributing to nonattainment and interfering 
with maintenance of the two air quality standards covered by CAIR as 
well as the 2006 PM2.5 NAAQS. CSAPR requires substantial 
reductions of SO2 and NOX emissions from electric 
generating units (EGUs) in 28 states in the Eastern United States.
    Numerous parties filed petitions for review of CSAPR, and on August 
21, 2012, the D.C. Circuit vacated and remanded CSAPR to EPA. EME Homer 
City Generation, L.P. v. EPA, 696 F.3d 7, 38 (D.C. Cir. 2012). The 
United States Supreme Court reversed the D.C. Circuit's decision on 
April 29, 2014, and remanded the case to the D.C. Circuit to resolve 
remaining issues in accordance with the high court's ruling. EPA v. EME 
Homer City Generation, L.P., 134 S. Ct. 1584 (2014). On remand, the 
D.C. Circuit affirmed CSAPR in most respects, but invalidated without 
vacating some of the Phase 2 SO2 and ozone-season 
NOX CSAPR budgets as to a number of states. EME Homer City 
Generation, L.P. v. EPA, 795 F.3d 118 (D.C. Cir. 2015).\8\ This 
litigation ultimately delayed implementation of CSAPR for three years, 
from January 1, 2012, when CSAPR's cap-and-trade programs were 
originally scheduled to replace the CAIR cap-and-trade programs, to 
January 1, 2015. Thus, the rule's Phase 2 budgets were originally 
promulgated to begin on January 1, 2014, and are now scheduled to begin 
on January 1, 2017.
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    \8\ The remanded budgets include the Phase 2 sulfur dioxide 
(SO2) budgets for Georgia. On May 26, 2016, Georgia 
submitted a commitment letter to provide a SIP revision that adopts 
provisions for participation in the CSAPR annual NOX and 
annual SO2 trading programs, including annual 
NOX and annual SO2 budgets that are at least 
as stringent as the budgets codified for Georgia at 40 CFR 97.710(a) 
(SO2 Group 2 trading budgets) and 40 CFR 97.410(a) 
(NOX Annual trading budgets). This commitment letter 
formed the basis for EPA's conditional approval of the visibility 
transport element of several infrastructure SIP submittals from the 
State. See 81 FR 65899 (September 26, 2016). SO2 is not 
an ozone precursor; therefore, SO2 reductions under CSAPR 
do not impact ozone air quality.
---------------------------------------------------------------------------

    On September 17, 2016, EPA finalized an update to the CSAPR ozone 
season program. See 81 FR 74504 (October 26, 2016). The update 
addresses summertime transport of ozone pollution in the eastern United 
States that crosses state lines to help downwind states and communities 
meet and maintain the 2008 8-hour ozone NAAQS and addresses the 
remanded Phase 2 ozone season NOX budgets. The update 
withdraws these remanded NOX budgets, sets new Phase 2 CSAPR 
ozone season NOX emissions budgets for eight of the eleven 
states with remanded budgets, and removes the other three states from 
the CSAPR ozone season NOX trading program.\9\
---------------------------------------------------------------------------

    \9\ See 81 FR 74504 for further discussion. Georgia has an 
ongoing original CSAPR NOX ozone season FIP requirement 
with respect to the 1997 ozone NAAQS, but EPA has found that is does 
not contribute to interstate transport with respect to the 2008 
ozone NAAQS. EPA did not reopen comment on Georgia's interstate 
transport obligation with respect to the 1997 ozone NAAQS in the 
rulemaking for the CSAPR update rule, so Georgia's original CSAPR 
NOX ozone season requirements (including its emission 
budget) continue unchanged. See 81 FR 74506. The air quality 
modeling for the CSAPR update rule did not identify the Atlanta Area 
as an attainment or maintenance receptor for the 2008 8-hour ozone 
NAAQS. See https://www3.epa.gov/airmarkets/CSAPRU/AQ%20Modeling%20TSD%20Final%20CSAPR%20Update.pdf.
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    Tier 2 vehicle and fuel standards. Implementation began in 2004 and 
as newer, cleaner cars enter the national fleet, these standards 
continue to significantly reduce NOX emissions.\10\ The 
standards require all passenger vehicles in any manufacturer's fleet to 
meet an average standard of 0.07 grams of NOX per mile. 
Additionally, in January 2006, the sulfur content of gasoline was 
required to be on average 30 ppm which assists in lowering the 
NOX emissions. EPA expects that these standards will reduce 
NOX emissions from vehicles by approximately 74 percent by 
2030, translating to nearly 3 million tons annually by 2030.\11\
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    \10\ Georgia also identified Tier 3 Motor Vehicle Emissions and 
Fuel Standards as a federal measure. EPA issued this rule in April 
28, 2014, which applies to light duty passenger cars and trucks. EPA 
promulgated this rule to reduce air pollution from new passenger 
cars and trucks beginning in 2017. Tier 3 emission standards will 
lower sulfur content of gasoline and lower the emissions standards.
    \11\ EPA, Regulatory Announcement, EPA420-F-99-051 (December 
1999), available at: http://www.epa.gov/tier2/documents/f99051.pdf.
---------------------------------------------------------------------------

    Large non-road diesel engines rule. This rule was promulgated in 
2004 and was phased in between 2008 through 2014. This rule reduces the 
sulfur content in the nonroad diesel fuel and reduces NOX, 
VOC, particulate matter, and carbon monoxide emissions. This rule 
applies to diesel engines and fuel used in industries such as 
construction, agriculture, and mining. It is estimated that compliance 
with this rule will cut NOX emissions from non-road diesel 
engines by up to 90 percent nationwide.
    Medium and Heavy-Duty Vehicle Fuel Consumption and GHG Standards. 
These standards have and will continue to reduce greenhouse gas 
emissions and increase fuel efficiency for model year 2014 through 2018 
semi-trucks, heavy-duty pickup trucks and vans, and vocational 
vehicles. These standards require on-road vehicles to achieve a 7 
percent to 20 percent reduction in CO2 emissions and fuel 
consumption by

[[Page 94290]]

2018. The decrease in fuel consumption will result in a 7 percent to 20 
percent decrease in NOX emissions.
    Heavy-duty gasoline and diesel highway vehicle standards. EPA 
issued this rule in January 2001 (66 FR 5002). This rule includes 
standards limiting the sulfur content of diesel fuel, which went into 
effect in 2004. A second phase took effect in 2007, which further 
reduced the highway diesel fuel sulfur content to 15 ppm, leading to 
additional reductions in combustion NOX and VOC emissions. 
EPA expects that this rule will achieve a 95 percent reduction in 
NOX emissions from diesel trucks and buses and will reduce 
NOX emissions by 2.6 million tons by 2030 when the heavy-
duty vehicle fleet is completely replaced with newer heavy-duty 
vehicles that comply with these emission standards.\12\
---------------------------------------------------------------------------

    \12\ 66 FR 5002, 5012 (January 18, 2001).
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    Nonroad spark-ignition engines and recreational engines standards. 
The nonroad spark-ignition and recreational engine standards, effective 
in July 2003, regulate NOX, hydrocarbons, and carbon 
monoxide from groups of previously unregulated nonroad engines. These 
engine standards apply to large spark-ignition engines (e.g., forklifts 
and airport ground service equipment), recreational vehicles (e.g., 
off-highway motorcycles and all-terrain-vehicles), and recreational 
marine diesel engines sold in the United States and imported after the 
effective date of these standards. When all of the nonroad spark-
ignition and recreational engine standards are fully implemented, an 
overall 72 percent reduction in hydrocarbons, 80 percent reduction in 
NOX, and 56 percent reduction in carbon monoxide emissions 
are expected by 2020. These controls reduce ambient concentrations of 
ozone, carbon monoxide, and fine particulate matter.
    National program for greenhouse gas (GHG) emissions and fuel 
economy standards. The federal GHG and fuel economy standards apply to 
light-duty cars and trucks in model years 2012-2016 (phase 1) and 2017-
2025 (phase 2). The final standards are projected to result in an 
average industry fleet-wide level of 163 grams/mile of carbon dioxide 
which is equivalent to 54.5 miles per gallon if achieved exclusively 
through fuel economy improvements. The fuel economy standards result in 
less fuel being consumed, and therefore less NOX emissions 
released.
    Boiler and Reciprocating Internal Combustion Engine (RICE) National 
Emissions Standards for Hazardous Air Pollutants (NESHAP). The NESHAP 
for industrial, commercial, and institutional boilers and the NESHAP 
for RICE are projected to reduce VOC emissions. The former applies to 
boiler and process heaters located at major sources of hazardous air 
pollutants (HAPs) that burn natural gas, fuel oil, coal, biomass, 
refinery gas, or other gas and had a compliance deadline of January 31, 
2016. The latter applies to existing, new, or reconstructed stationary 
RICE located at major or area sources of HAPs, excluding stationary 
RICE being tested at a stationary RICE test cell, and has various 
compliance dates from August 16, 2004, to October 19, 2013, depending 
on the type of source.
    Utility Mercury Air Toxics Standards (MATS) and New Source 
Performance Standards (NSPS). The MATS for coal and oil-fired electric 
generation units (EGU) and the NSPS for fossil-fuel-fired electric 
utility steam generating units were published on February 16, 2012 (77 
FR 9304). The purpose is to reduce mercury and other toxic air 
pollutant emissions from coal and oil-fired EGUs, 25 megawatts or more, 
that generate electricity for sale and distribution through the 
national electric grid to the public. The NSPS has revised emission 
standards for NOX, SO2, and particulate matter 
(PM) that apply to new coal and oil-fired power plants. The MATS 
compliance date for existing sources was April 16, 2015. However, all 
coal fired EGUs in Georgia received a one-year compliance extension. 
MATS rule is expected to reduce NOX and SO2 
emissions as well as emissions of mercury and other air toxics.
    EPA proposes to find that the improvements in air quality in the 
Atlanta Area are due to real, permanent and enforceable reductions in 
NOX and VOC emissions resulting from the federal and SIP-
approved state measures discussed above.

Criteria (4)--The Atlanta Area Has a Fully Approved Maintenance Plan 
Pursuant to Section 175A of the CAA

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the area has a fully approved 
maintenance plan pursuant to section 175A of the CAA (CAA section 
107(d)(3)(E)(iv)). In conjunction with its request to redesignate the 
Atlanta Area to attainment for the 2008 8-hour ozone NAAQS, Georgia 
submitted a SIP revision to provide for the maintenance of the 2008 8-
hour ozone NAAQS for at least 10 years after the effective date of 
redesignation to attainment. EPA has made the preliminary determination 
that this maintenance plan meets the requirements for approval under 
section 175A of the CAA.
a. What is required in a maintenance plan?
    Section 175A of the CAA sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
Under section 175A, the plan must demonstrate continued attainment of 
the applicable NAAQS for at least 10 years after the Administrator 
approves a redesignation to attainment. Eight years after the 
redesignation, the state must submit a revised maintenance plan which 
demonstrates that attainment will continue to be maintained for the 
remainder of the 20-year period following the initial 10-year period. 
To address the possibility of future NAAQS violations, the maintenance 
plan must contain contingency measures as EPA deems necessary to assure 
prompt correction of any future 2008 8-hour ozone violations. The 
Calcagni Memorandum provides further guidance on the content of a 
maintenance plan, explaining that a maintenance plan should address 
five requirements: The attainment emissions inventory, maintenance 
demonstration, monitoring, verification of continued attainment, and a 
contingency plan. As is discussed more fully below, EPA has 
preliminarily determined that Georgia's maintenance plan includes all 
the necessary components and is thus proposing to approve it as a 
revision to the Georgia SIP.
b. Attainment Emissions Inventory
    As discussed above, EPA has determined that the Atlanta Area 
attained the 2008 8-hour ozone NAAQS based on quality-assured 
monitoring data for the 3-year period from 2013-2015. See 81 FR 45419. 
Georgia selected 2014 as the base year (i.e., attainment emissions 
inventory year) for developing a comprehensive emissions inventory for 
NOX and VOC, for which projected emissions could be 
developed for 2018, 2022, and 2026. The attainment inventory identifies 
a level of emissions in the Area that is sufficient to attain the 2008 
8-hour ozone NAAQS. Georgia began development of the attainment 
inventory by first generating a baseline emissions inventory for the 
Area. The 2014 base year emissions were projected to 2030 for EGU point 
sources, non-EGU point sources, area sources, fires (both agricultural 
burning and land clearing, and wildfire and prescribed burning), non-
road mobile sources, and on-road mobile sources. The State projected 
summer day emission inventories using projected rates of growth in 
population, traffic, economic activity, and other

[[Page 94291]]

parameters. In addition to comparing the final year of the plan (2030) 
to the base year (2014), Georgia compared interim years to the baseline 
to demonstrate that these years are also expected to show continued 
maintenance of the 2008 8-hour ozone standard.
    The emissions inventory is composed of four major types of sources: 
Point, non-point, on-road mobile, and non-road mobile. Complete 
descriptions of how the State developed these inventories are located 
in Appendix A of the July 18, 2016, SIP submittal.
Point Sources
    Georgia provided point source emissions for EGU and non-EGU 
stationary sources with emissions equal to or exceeding 25 tons per 
year of VOC or NOX in Cherokee, Clayton, Cobb, Coweta, 
DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, 
and Rockdale counties, and equal to or exceeding 100 tons per year of 
VOC or NOX in Bartow and Newton counties.
    EGU point source emissions for the three power plants in the Area 
(Plant Bowen, Plant McDonough/Atkinson, and Plant Yates) are tabulated 
from data collected from Georgia Power during the 2014 emission data 
collection process.\13\ Georgia projected 2030 NOX and VOC 
emissions for two of the EGUs, Plant Bowen and Plant McDonough/
Atkinson, from 2014 emissions using growth factors based on fuel 
consumption. At Plant Yates, five units were retired in 2015 and two 
units were converted from coal to natural gas boilers in 2015, and in 
the future, this facility is planned to be run as a peaking unit with a 
capacity factor of approximately 25 percent. Therefore, Georgia 
projected 2030 NOX emissions using the plant's projected 
usage, a nominal heat rate of 12 MMBtu/MWh, and the measured 
NOX emission rates after it was converted to natural gas. 
Georgia projected 2030 VOC emissions at the plant using maximum 
measured emission rates for May and June of 2015.
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    \13\ Georgia's emission data collection process is discussed at 
http://epd.georgia.gov/air/emissions-inventory-system-eis.
---------------------------------------------------------------------------

    For non-EGU emissions, Georgia calculated summer day emissions for 
the 2014 and 2030 inventories using 2014 NOX and VOC 
emissions submitted by facilities during the 2014 GA EPD emission data 
collection process. The basis for Georgia's no-growth assumption for 
non-EGU point source emissions from 2014-2030 is discussed in the SIP 
submittal.
Non-Point Sources
    GA EPD based its 2014 area source emissions on its 2014 Air 
Emissions Reporting Requirements (AERR) submittal.14 15 For 
certain area source sectors, GA EPD used EPA draft 2014 emission 
estimates \16\ and for other source sectors for which EPA does not have 
draft 2014 estimates, GA EPD estimated 2014 area emissions using the 
average of 2011 and 2017 emissions from EPA's 2011 emissions modeling 
platform v6.2.\17\ GA EPD multiplied 2014 area source emissions with 
growth factors to estimate 2030 area source emissions. These growth 
factors were calculated using 2011, 2017, and 2025 emissions in EPA's 
2011 modeling platform v6.2.
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    \14\ The area source inventory was developed with the February 
16, 2016, draft National Emissions Inventory for 2014 (2014 NEI) for 
all available source categories. Georgia EPD provided estimates for 
remaining area source categories not yet included in the draft 2014 
NEI, which served as the basis for Georgia's required submittal for 
NEI development. The 2014 NEI is discussed further at https://www.epa.gov/air-emissions-inventories/2014-national-emissions-inventory-nei-documentation.
    \15\ EPA's AERR, set forth at Subpart A to 40 CFR part 51, 
specifies that a state must submit triennial reports of annual (12-
month) emissions for all sources and every-year reports of annual 
emissions of criteria air pollutants and their precursors for all 
major sources as well as annual emissions reporting from certain 
larger sources, as outlined in Appendix A to Subpart A. These 
submittals serve to help develop the national emissions inventory 
that EPA compiles and publishes triennially. The AERR includes 
specific reporting thresholds for point sources in attainment and 
nonattainment areas allows for general estimates for non-point 
sources.
    \16\ https://www.epa.gov/air-emissions-inventories/2014-national-emissions-inventory-nei-documentation.
    \17\ Information regarding the 2011 emissions modeling platform 
v6.2 is located at https://www.epa.gov/air-emissions-modeling/2011-version-6-air-emissions-modeling-platforms.
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    GA EPD developed 2014 agricultural burning and land clearing 
emissions using 2014 burning records from the Georgia Forestry 
Commission (GFC) and EPA agricultural burning emission factors.\18\ GA 
EPD used 2014 burning records from GFC and military bases to determine 
2014 wildfire and prescribed burning emissions. GA EPD assumed that 
emissions from agricultural burning, land clearing, wildfire, and 
prescribed burning remained constant from 2014-2030.
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    \18\ These emissions factors are available at https://www.epa.gov/air-emissions-inventories/2014-national-emissions-inventory-nei-documentation.
---------------------------------------------------------------------------

On-Road Sources
    The Atlanta Regional Commission developed 2014 and 2030 on-road 
mobile source emissions using EPA's MOVES2014a mobile source emissions 
model. GA EPD used best available local data for model inputs such as 
vehicle population, vehicle miles traveled (VMT), road type 
distribution, average speed distribution, starts, ramp fractions, age 
distributions, I/M inputs, and fuel properties. The model was run 
separately for two different groups of nonattainment counties because 
of differences in I/M program and Stage II refueling requirements. The 
first group consisted of the following 13 counties with Stage II 
refueling in place through 2015 \19\ and I/M programs: Cherokee, 
Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, 
Gwinnett, Henry, Paulding, and Rockdale. The second group consisted of 
the following counties without I/M programs or Stage II refueling: 
Bartow and Newton.
---------------------------------------------------------------------------

    \19\ As discussed above, Stage II controls are no longer 
required because EPA promulgated onboard refueling vapor recovery 
standards on April 6, 1994. See 59 FR 16262; 40 CFR parts 86, 88, 
and 600. On January 22, 2015, Georgia submitted a SIP revision to 
remove Stage II requirements from their SIP, and EPA approved this 
revision on September 25, 2015. See 80 FR 57729.
---------------------------------------------------------------------------

Non-Road Sources
    Some non-road mobile emissions in the U.S. are from the non-road 
equipment segment (i.e., agricultural equipment, construction 
equipment, lawn and garden equipment, and recreational vehicles, such 
as boats and jet-skis). Georgia calculated 2014 and 2030 emissions from 
non-road sources other than marine, aircraft, and locomotives using the 
NONROAD portion of EPA's MOVES2014a model.\20\ MOVES2014a defaults were 
used with 2014 meteorological data based on Atlanta Hartsfield Jackson 
International Airport meteorological data. Fuel properties reflected 
the current Georgia gasoline.\21\
---------------------------------------------------------------------------

    \20\ Georgia used the version of MOVES2014a released by EPA on 
November 4, 2015. More information on the MOVES2014a model is 
available at https://www.epa.gov/moves/moves2014a-latest-version-motor-vehicle-emission-simulator-moves.
    \21\ Many of the counties in the Atlanta Area must use gasoline 
with a reduced Reid Vapor Pressure (RVP) of 7.8 pounds per square 
inch during some of the summer months. This reduced RVP reduces VOC 
emissions. For further information on RVP, see https://www.epa.gov/gasoline-standards/gasoline-reid-vapor-pressure.
---------------------------------------------------------------------------

    For 2014 locomotive emissions, Georgia used 2011 emissions obtained 
from 2011 emissions modeling platform v6.2 \22\ because locomotive fuel 
consumption changed little from 2011 to 2014. Georgia projected 2030 
locomotive emissions from 2014 emissions using growth and control 
factors. Summer day and annual emissions for 2014 and 2030 from 
aircraft at Atlanta Hartsfield Jackson International Airport were 
provided by

[[Page 94292]]

KB Environmental Sciences on behalf of the City of Atlanta Department 
of Aviation and included in Appendix A-9 of the SIP submittal. Other 
aircraft emissions were projected from the 2011 emissions modeling 
platform v6.2 for 2014 and were projected for 2030 using growth 
factors. These growth factors were based on landing and take-off 
operation projections available from the Federal Aviation 
Administration's Terminal Area Forecasts. Growth rates for military 
aircraft stayed at 2011 levels. Georgia did not include marine 
emissions in the inventory because no commercial marine vessels operate 
in the Atlanta Area.
---------------------------------------------------------------------------

    \22\ https://www.epa.gov/air-emissions-modeling/2011-version-6-air-emissions-modeling-platforms.
---------------------------------------------------------------------------

    The 2014 base year inventory for the Area, as well as the projected 
inventories for other years, were developed consistent with EPA 
guidance and are summarized in Tables 2 through 6 of the following 
subsection discussing the maintenance demonstration.
c. Maintenance Demonstration
    The maintenance plan associated with the redesignation request 
includes a maintenance demonstration that:
    (i) Shows compliance with and maintenance of the 2008 8-hour ozone 
NAAQS by providing information to support the demonstration that 
current and future emissions of NOX and VOC remain at or 
below 2014 emissions levels.
    (ii) Uses 2014 as the attainment year and includes future emissions 
inventory projections for 2018, 2022, 2026, and 2030. The 2022 
emissions were calculated by linear interpolation between 2014 and 
2030; 2018 emissions were calculated by linear interpolation between 
2014 and 2022; and 2026 emissions were calculated by linear 
interpolation between 2022 and 2030.
    (iii) Identifies an ``out year'' at least 10 years after the time 
necessary for EPA to review and approve the maintenance plan. Per 40 
CFR part 93, NOX and VOC MVEBs were established for the last 
year (2030) of the maintenance plan as well as for an interim year 2014 
(see section VI below).
    (iv) Provides actual (2014) and projected emissions inventories, in 
tons per summer day (tpsd), for the Atlanta Area, as shown in Tables 3 
and 4, below.

               Table 3--Actual and Projected Average Summer Day NOX Emissions for the Atlanta Area
                                          [Tons per summer day (tpsd)]
----------------------------------------------------------------------------------------------------------------
             Sector                    2014            2018            2022            2026            2030
----------------------------------------------------------------------------------------------------------------
Point...........................           31.36           31.11           30.85           30.60           30.34
Non-point.......................            4.88            4.93            4.97            5.02            5.06
Non-road........................           76.69           69.99           63.29           56.59           49.89
On-road.........................          170.15          137.01          103.86           70.72           37.57
                                 -------------------------------------------------------------------------------
    Total.......................          283.09          243.03          202.98          162.92          122.86
----------------------------------------------------------------------------------------------------------------


               Table 4--Actual and Projected Average Summer Day VOC Emissions for the Atlanta Area
                                                     [tpsd]
----------------------------------------------------------------------------------------------------------------
             Sector                    2014            2018            2022            2026            2030
----------------------------------------------------------------------------------------------------------------
Point...........................           11.24           11.25           11.26           11.27           11.28
Non-point.......................          119.89          118.52          117.16          115.79          114.42
Non-road........................           53.38           53.11           52.83           52.56           52.28
On-road.........................           81.76           69.49           57.22           44.94           32.67
                                 -------------------------------------------------------------------------------
    Total.......................          266.25          252.35          238.45          224.54          210.64
----------------------------------------------------------------------------------------------------------------

    Tables 3 and 4 summarize the 2014 and future projected emissions of 
NOX and VOC in the Atlanta Area. In situations where local 
emissions are the primary contributor to nonattainment, such as the 
Atlanta Area, if the future projected emissions in the nonattainment 
area remain at or below the baseline emissions in the nonattainment 
area, then the related ambient air quality standard should not be 
exceeded in the future. Georgia has projected emissions as described 
previously and determined that emissions in the Atlanta Area will 
remain below those in the attainment year inventory for the duration of 
the maintenance plan.
    As discussed in section VI of this proposed rulemaking, below, a 
safety margin is the difference between the attainment level of 
emissions (from all sources) and the projected level of emissions (from 
all sources) in the maintenance plan. The attainment level of emissions 
is the level of emissions during one of the years in which the area met 
the NAAQS. Georgia selected 2014 as the attainment emissions inventory 
year for the Atlanta Area and calculated safety margins for 2030 as 
shown in Table 5, below.

              Table 5--Safety Margins for the Atlanta Area
------------------------------------------------------------------------
                      Year                         VOC (tpd)  NOX  (tpd)
------------------------------------------------------------------------
2030............................................      55.61      160.23
------------------------------------------------------------------------

    The State has decided to allocate a portion of the available safety 
margin to the 2030 MVEBs to allow for, among other things, 
unanticipated growth in VMT and changes and uncertainty in vehicle mix 
assumptions that will influence the emission estimations. Georgia has 
allocated 20.43 tpd (34.76 percent) of the available NOX 
safety margin to the 2030 NOX MVEB and 19.33 tpd (12.75 
percent) of the available VOC safety margin to the 2030 VOC MVEB. After 
allocation of the available safety margin, the remaining safety margin 
is 139.80 tpd for NOX and 36.28 tpd for VOC. This allocation 
and the resulting available safety margin for the Atlanta Area are 
discussed further in section VI of this proposed rulemaking along with 
the MVEBs to be used for transportation conformity proposes.
d. Monitoring Network
    There currently are nine monitors measuring ozone in the Atlanta 
Area. Georgia will continue to operate the monitors in the Atlanta Area 
in compliance with 40 CFR part 58 and has

[[Page 94293]]

thus addressed the requirement for monitoring. EPA approved Georgia's 
monitoring plan on October 13, 2015.
e. Verification of Continued Attainment
    Georgia, through the GA EPD, has the legal authority to enforce and 
implement the maintenance plan for the Area. This includes the 
authority to adopt, implement, and enforce any subsequent emissions 
control contingency measures determined to be necessary to correct 
future ozone attainment problems.
    Additionally, under the AERR, GA EPD is required to develop a 
comprehensive, annual, statewide emissions inventory every three years 
that is due twelve to eighteen months after the completion of the 
inventory year. EPD will update the AERR inventory every three years 
and will use the updated emissions inventory to track progress of the 
maintenance plan.
f. Contingency Measures in the Maintenance Plan
    Section 175A of the CAA requires that a maintenance plan include 
such contingency measures as EPA deems necessary to assure that the 
state will promptly correct a violation of the NAAQS that occurs after 
redesignation. The maintenance plan should identify the contingency 
measures to be adopted, a schedule and procedure for adoption and 
implementation, and a time limit for action by the state. A state 
should also identify specific indicators to be used to determine when 
the contingency measures need to be implemented. The maintenance plan 
must include a requirement that a state will implement all measures 
with respect to control of the pollutant that were contained in the SIP 
before redesignation of the area to attainment in accordance with 
section 175A(d).
    In the July 18, 2016, submittal, Georgia commits to continuing 
existing programs and commits to use emission inventory and air quality 
monitoring data as indicators to determine whether contingency measures 
will be implemented. The contingency plan included in the maintenance 
plan includes a two-tiered triggering mechanism to determine when 
contingency measures are needed and a process of developing and 
implementing appropriate control measures.
    A Tier 1 trigger will apply where a violation of the 2008 8-hour 
standard has not occurred, but where the State finds monitored ozone 
concentrations indicating that a violation may be imminent. The Tier 1 
trigger date will be 60 days after the State observes a 4th highest 
value of 0.076 ppm or greater at a single monitor for which the 
previous ozone season had a 4th highest value of 0.076 ppm or greater. 
If Tier 1 is triggered, Georgia will develop a plan identifying 
additional voluntary measures to be implemented to remedy the situation 
that may include the following measures or any other measure deemed 
appropriate and effective at the time the selection is made: Clean Air 
Force Campaign Strategies; additional Georgia Department of 
Transportation marketing campaigns; implementation of diesel retrofit 
programs, including incentives for performing retrofits for fleet 
vehicle operations; alternative fuel programs for fleet vehicle 
operations; gas can and lawnmower replacement programs; or voluntary 
engine idling reduction programs.\23\ If the 4th highest exceedance 
occurs early in the ozone season, GA EPD will work with entities 
identified in the plan to determine if measures can be implemented 
during the current season, otherwise, GA EPD will implement the plan 
for the following ozone season. No later than May 1 of the year 
following the trigger, GA EPD will complete analyses to begin adoption 
of necessary rules for ensuring attainment and maintenance of the 2008 
8-hour ozone NAAQS that would become state effective by the following 
year.
---------------------------------------------------------------------------

    \23\ If the State adopts a voluntary emission reduction measure 
as a contingency measure necessary to attain or maintain the NAAQS, 
EPA will evaluate approvability in accordance with relevant Agency 
guidance regarding the incorporation of voluntary measures into 
SIPs. See, e.g., Memorandum from Richard D. Wilson, Acting 
Administrator for Air and Radiation, to EPA Regional Administrators 
re: Guidance on Incorporating Voluntary Mobile Source Emission 
Reduction Programs in State Implementation Plans (SIPs) (October 24, 
1997); EPA, Office of Air and Radiation, Incorporating Emerging and 
Voluntary Measures in a State Implementation Plan (SIP) (September 
2004).
---------------------------------------------------------------------------

    A Tier II trigger occurs when the periodic emissions inventory 
updates (AERR) reveal excessive or unanticipated growth greater than 10 
percent in NOX or VOC emissions over the attainment or 
intermediate emissions inventories for the Area or when there is a 
quality assured design value equal to or greater than 0.076 ppm at a 
monitor in the Area, which is a violation of the 2008 Ozone NAAQS. The 
trigger date will be 60 days from the date that Georgia observes a 4th 
highest value that, when averaged with the two previous ozone seasons' 
4th highest values, results in a three-year average equal to or greater 
than 0.076 ppm. If a Tier II trigger occurs, Georgia will conduct a 
comprehensive analysis and, as expeditiously as practicable but no 
later than 24 months of the trigger, will implement at least one 
contingency measure. In order for more time to be allowed, Georgia must 
submit to EPA a demonstration that more time is needed and EPA must 
approve such demonstration.
    If the comprehensive analysis determines that emissions from the 
Area are contributing to the trigger condition, GA EPD will evaluate 
those measures as specified in CAA section 172 for control options as 
well as other available measures. If a new measure/control is already 
promulgated and scheduled to be implemented at the federal or state 
level, and that measure/control is determined to be adequate, the State 
may conclude that additional local controls may be unnecessary. Under 
Section 175A(d), the minimum requirement for contingency measures is 
the implementation of all measures that were contained in the SIP 
before the redesignation. Currently all such measures are in effect for 
the Atlanta Area; however, an evaluation of those measures, such as 
RACT, can be performed to determine if those measures are adequate or 
up-to-date. In addition to these measures, contingency measure(s) will 
be selected from the following types of measures or from any other 
measure deemed appropriate and effective at the time the selection is 
made:
     RACM for sources of VOC and NOX;
     RACT for point sources of VOC and NOX, 
specifically the adoption of new and revised RACT rules based on Groups 
II, III, and IV CTGs;
     Expansion of RACM/RACT to area(s) of transport within the 
State;
     Other measures deemed appropriate at the time as a result 
of advances in control technologies; and
     Additional NOX reduction measures yet to be 
identified.
    EPA preliminarily concludes that the maintenance plan adequately 
addresses the five basic components of a maintenance plan: The 
attainment emissions inventory, maintenance demonstration, monitoring, 
verification of continued attainment, and a contingency plan. 
Therefore, EPA proposes to find that the maintenance plan SIP revision 
submitted by Georgia for the Area meets the requirements of section 
175A of the CAA and is approvable.

VI. What is EPA's analysis of Georgia's proposed NOX and VOC 
MVEBs for the area?

    Under section 176(c) of the CAA, new transportation plans, 
programs, and projects, such as the construction of new highways, must 
``conform'' to (i.e.,

[[Page 94294]]

be consistent with) the part of the state's air quality plan that 
addresses pollution from cars and trucks. Conformity to the SIP means 
that transportation activities will not cause new air quality 
violations, worsen existing violations, or delay timely attainment of 
the NAAQS or any interim milestones. If a transportation plan does not 
conform, most new projects that would expand the capacity of roadways 
cannot go forward. Regulations at 40 CFR part 93 set forth EPA policy, 
criteria, and procedures for demonstrating and assuring conformity of 
such transportation activities to a SIP. The regional emissions 
analysis is one, but not the only, requirement for implementing 
transportation conformity. Transportation conformity is a requirement 
for nonattainment and maintenance areas. Maintenance areas are areas 
that were previously nonattainment for a particular NAAQS but have 
since been redesignated to attainment with an approved maintenance plan 
for that NAAQS.
    Under the CAA, states are required to submit, at various times, 
control strategy SIPs and maintenance plans for nonattainment areas. 
These control strategy SIPs (including RFP and attainment demonstration 
requirements) and maintenance plans create MVEBs for criteria 
pollutants and/or their precursors to address pollution from cars and 
trucks. Per 40 CFR part 93, a MVEB must be established for the last 
year of the maintenance plan. A state may adopt MVEBs for other years 
as well. The MVEB is the portion of the total allowable emissions in 
the maintenance demonstration that is allocated to highway and transit 
vehicle use and emissions. See 40 CFR 93.101. The MVEB serves as a 
ceiling on emissions from an area's planned transportation system. The 
MVEB concept is further explained in the preamble to the November 24, 
1993, Transportation Conformity Rule (58 FR 62188). The preamble also 
describes how to establish the MVEB in the SIP and how to revise the 
MVEB.
    After interagency consultation with the transportation partners for 
the Atlanta Area, Georgia has developed MVEBs for NOX and 
VOC for the Area. Georgia developed these MVEBs for the last year of 
its maintenance plan (2030) and for the interim year of 2014. Because 
the interim MVEB year of 2014 is also the base year for the maintenance 
plan inventory, there is no safety margin; therefore, no adjustments 
were made to the MVEBs for 2014. The 2030 MVEBs reflect the total 
projected on-road emissions for 2030, plus an allocation from the 
available NOX and VOC safety margins. Under 40 CFR 93.101, 
the term ``safety margin'' is the difference between the attainment 
level (from all sources) and the projected level of emissions (from all 
sources) in the maintenance plan. The safety margin can be allocated to 
the transportation sector; however, the total emissions must remain 
below the attainment level. The NOX and VOC MVEBs and 
allocation from the safety margin were developed in consultation with 
the transportation partners and were added to account for uncertainties 
in population growth, changes in model vehicle miles traveled, and new 
emission factor models. The NOX and VOC MVEBs for 
the Area are identified in Table 6, below.

                 Table 6--Atlanta Area NOX and VOC MVEBs
                                  [tpd]
------------------------------------------------------------------------
                                                       2014       2030
------------------------------------------------------------------------
NOX On-Road Emissions.............................     170.15      37.57
NOX Safety Margin Allocated to MVEB...............  .........      20.43
                                                   ---------------------
  NOX MVEB........................................     170.15         58
------------------------------------------------------------------------
VOC On-Road Emissions.............................      81.76      32.67
VOC Safety Margin Allocated to MVEB...............  .........      19.33
                                                   ---------------------
  VOC MVEB........................................      81.76         52
------------------------------------------------------------------------

    Georgia has chosen to allocate a portion of the available safety 
margin to the 2030 NOX and VOC MVEBs for the Area based on 
the worst-case 2030 daily motor vehicle emissions projection. The 
worst-case projection for NOX is 54 percent (20.43 tpd) 
above the projected 2030 NOX on-road emissions and the 
worst-case projection for VOC is 59 percent (19.33 tpd) above the 2030 
VOC on-road emissions. Georgia therefore allocated 20.43 tpd of the 
NOX safety margin to the 2030 NOX MVEB and 19.33 
tpd of the VOC safety margin to the 2030 VOC MVEB. The remaining safety 
margins for 2030 are 139.80 tpd and 36.28 tpd NOX and VOC, 
respectively.
    Through this rulemaking, EPA is proposing to approve the MVEBs for 
NOX and VOC for years 2014 and 2030 for the Area 
because EPA has preliminarily determined that the Area maintains the 
2008 8-hour ozone NAAQS with the emissions at the levels of the 
budgets. If the MVEBs for the Area are approved or found adequate 
(whichever is completed first), they must be used for future conformity 
determinations.

VII. What is the status of EPA's adequacy determination for the 
proposed NOX and VOC MVEBs the Atlanta area?

    When reviewing submitted ``control strategy'' SIPs or maintenance 
plans containing MVEBs, EPA may affirmatively find the MVEB contained 
therein adequate for use in determining transportation conformity. Once 
EPA affirmatively finds the submitted MVEB is adequate for 
transportation conformity purposes, that MVEB must be used by state and 
federal agencies in determining whether proposed transportation 
projects conform to the SIP as required by section 176(c) of the CAA.
    EPA's substantive criteria for determining adequacy of a MVEB are 
set out in 40 CFR 93.118(e)(4). The process for determining adequacy 
consists of three basic steps: public notification of a SIP submission, 
a public comment period, and EPA's adequacy determination. This process 
for determining the adequacy of submitted MVEBs for transportation 
conformity purposes was initially outlined in EPA's May 14, 1999, 
guidance, ``Conformity Guidance on Implementation of March 2, 1999, 
Conformity Court Decision.'' EPA adopted regulations to codify the 
adequacy process in the Transportation Conformity Rule Amendments for 
the ``New 8-Hour Ozone and PM2.5 National Ambient Air 
Quality Standards and Miscellaneous Revisions for Existing Areas; 
Transportation Conformity Rule Amendments--Response to Court Decision 
and Additional Rule Change,'' on July 1, 2004 (69 FR 40004). Additional 
information on the adequacy process for transportation conformity 
purposes is available in the proposed rule entitled, ``Transportation 
Conformity Rule Amendments: Response to Court Decision and Additional 
Rule Changes,'' 68 FR 38974, 38984 (June 30, 2003).
    As discussed earlier, Georgia's maintenance plan includes 
NOX and VOC MVEBs for the Atlanta Area for interim year 2014 
and 2030, the last year of the maintenance plan. EPA reviewed the 
NOX and VOC MVEBs through the adequacy process described in 
Section I.
    EPA intends to make its determination on the adequacy of the 2014 
and 2030 MVEBs for the Area for transportation conformity purposes in 
the near future by completing the adequacy process that was started on 
September 2, 2016. If EPA finds the 2014 and 2030 MVEBs adequate or 
approves them, the new MVEBs for NOX and VOC must be used 
for future

[[Page 94295]]

transportation conformity determinations. For required regional 
emissions analysis years that involve 2014 through 2029, the 2014 MVEBs 
will be used, and for years 2030 and beyond, the applicable budgets 
will be the new 2030 MVEBs established in the maintenance plan.

VIII. What is the effect of EPA's proposed actions?

    EPA's proposed actions establish the basis upon which EPA may take 
final action on the issues being proposed for approval. Approval of 
Georgia's redesignation request would change the legal designation of 
Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, 
Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding and Rockdale 
Counties, in the Atlanta Area, found at 40 CFR part 81, from 
nonattainment to attainment for the 2008 8-hour ozone NAAQS. Approval 
of Georgia's associated SIP revision would also incorporate a plan for 
maintaining the 2008 8-hour ozone NAAQS in the Area through 2030 into 
the Georgia SIP. The maintenance plan establishes NOX and 
VOC MVEBs for 2014 and 2030 for the Area and includes contingency 
measures to remedy any future violations of the 2008 8-hour ozone NAAQS 
and procedures for evaluating potential violations.

IX. Proposed Actions

    EPA is proposing to: (1) Approve the maintenance plan for the 
Atlanta Area, including the NOX and VOC MVEBs for 2014 and 
2030, and incorporate it into the Georgia SIP, and (2) approve 
Georgia's redesignation request for the 2008 8-hour ozone NAAQS for the 
Area. Further, as part of this proposed action, EPA is also describing 
the status of its adequacy determination for the NOX and VOC 
MVEBs for 2014 and 2030 in accordance with 40 CFR 93.118(f)(1). Within 
24 months from the effective date of EPA's adequacy determination for 
the MVEBs or the effective date for the final rule for this action, 
whichever is earlier, the transportation partners will need to 
demonstrate conformity to the new NOX and VOC MVEBs pursuant 
to 40 CFR 93.104(e)(3).
    If finalized, approval of the redesignation request would change 
the official designation of Bartow, Cherokee, Clayton, Cobb, Coweta, 
DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, 
Paulding and Rockdale Counties, in Georgia for the 2008 8-hour ozone 
NAAQS from nonattainment to attainment, as found at 40 CFR part 81.

X. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 
40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, these proposed actions merely propose to approve state law 
as meeting Federal requirements and do not impose additional 
requirements beyond those imposed by state law. For these reasons, 
these proposed actions:
     Are not significant regulatory actions 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);
     do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are 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.);
     do 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);
     do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are 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
     will not have disproportionate human health or 
environmental effects 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

 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

 40 CFR Part 81

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

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

    Dated: December 13, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016-30879 Filed 12-22-16; 8:45 am]
 BILLING CODE 6560-50-P


