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Proposed Rule2022-17846

Air Plan Approval and Air Quality Designation; GA; Redesignation of the Atlanta, Georgia 2015 8-Hour Ozone Nonattainment Area to Attainment

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Published

August 26, 2022

Issuing agencies

Environmental Protection Agency

Abstract

The Environmental Protection Agency (EPA) is proposing to approve changes to the Georgia State Implementation Plan (SIP) submitted on behalf of the State of Georgia, through the Georgia Environmental Protection Division (GA EPD) of the Department of Natural Resources, on February 28, 2022, through a letter dated February 25, 2022. The submission includes a request for the EPA to redesignate the Atlanta, Georgia 2015 8-hour ozone nonattainment area (hereinafter referred to as the "Atlanta Area" or "Area") to attainment for the 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS or standards) and to approve a SIP revision containing a maintenance plan for the Area. EPA is proposing to approve the State's plan for maintaining attainment of the 2015 8-hour ozone standard in the Area, including the motor vehicle emission budgets (MVEBs) for nitrogen oxides (NO<INF>X</INF>) and volatile organic compounds (VOC) for the years 2018 and 2033 for the Area, and to incorporate the maintenance plan into the SIP, and to redesignate the Area to attainment for the 2015 8-hour ozone NAAQS. EPA is also notifying the public of the status of EPA's adequacy determination for the MVEBs for the Area.

Full Text

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<title>Federal Register, Volume 87 Issue 165 (Friday, August 26, 2022)</title>
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[Federal Register Volume 87, Number 165 (Friday, August 26, 2022)]
[Proposed Rules]
[Pages 52487-52499]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17846]

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Proposed Rules
Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 87, No. 165 / Friday, August 26, 2022 /
Proposed Rules

[[Page 52487]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2022-0290; FRL-10107-01-R4]

Air Plan Approval and Air Quality Designation; GA; Redesignation
of the Atlanta, Georgia 2015 8-Hour Ozone Nonattainment Area to
Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve changes to the Georgia State Implementation Plan (SIP)
submitted on behalf of the State of Georgia, through the Georgia
Environmental Protection Division (GA EPD) of the Department of Natural
Resources, on February 28, 2022, through a letter dated February 25,
2022. The submission includes a request for the EPA to redesignate the
Atlanta, Georgia 2015 8-hour ozone nonattainment area (hereinafter
referred to as the ``Atlanta Area'' or ``Area'') to attainment for the
2015 8-hour ozone National Ambient Air Quality Standards (NAAQS or
standards) and to approve a SIP revision containing a maintenance plan
for the Area. EPA is proposing to approve the State's plan for
maintaining attainment of the 2015 8-hour ozone standard in the Area,
including the motor vehicle emission budgets (MVEBs) for nitrogen
oxides (NO<INF>X</INF>) and volatile organic compounds (VOC) for the
years 2018 and 2033 for the Area, and to incorporate the maintenance
plan into the SIP, and to redesignate the Area to attainment for the
2015 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 September 26, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0290 at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.epa.gov/dockets/commenting-epa-dockets</a>.

FOR FURTHER INFORMATION CONTACT: Jane Spann, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9029. Ms. Jane Spann can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#b0c3c0d1dede9edad1ded5f0d5c0d19ed7dfc6"><span class="__cf_email__" data-cfemail="fe8d8e9f9090d0949f909bbe9b8e9fd0999188">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Summary of EPA's Proposed Actions
II. Background
III. Criteria for Redesignation
IV. Georgia's SIP Submittal
V. EPA's Analysis of Georgia's SIP Submittal
VI. EPA's Analysis of Georgia's Proposed NO<INF>X</INF> and VOC
MVEBs
VII. EPA's Adequacy Determination for the Proposed NO<INF>X</INF>
and VOC MVEBs
VIII. Effect of EPA's Proposed Actions
IX. Proposed Actions
X. Statutory and Executive Order and Reviews

I. Summary of EPA's Proposed Actions

EPA is proposing to take the following separate but related actions
addressing the February 25, 2022 submittal: \1\ (1) to approve
Georgia's plan for maintaining the 2015 ozone NAAQS (maintenance plan),
including the associated MVEBs for the Atlanta Area, and incorporate
the plan into the SIP, and (2) to redesignate the Atlanta Area to
attainment for the 2015 8-hour ozone NAAQS. EPA is also notifying the
public of the status of EPA's adequacy determination for the MVEBs for
the Atlanta Area. The Atlanta Area consists of Bartow, Clayton, Cobb,
DeKalb, Fulton, Gwinnett, and Henry Counties in Georgia. These proposed
actions are summarized below and described in greater detail throughout
this notice of proposed rulemaking.
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\1\ EPA notes that the February 28, 2022, submission was
received under a cover letter dated February 25, 2022. For clarity,
throughout this notice EPA will refer to the February 28, 2022,
submission by its cover letter date of February 25, 2022.
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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 Clean Air Act (CAA or Act) 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 2015 8-
hour ozone NAAQS through 2033. The maintenance plan includes 2018 and
2033 MVEBs for NO<INF>X</INF> 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, EPA is proposing to approve a request to change the legal
designation of Bartow, Clayton, Cobb, DeKalb, Fulton, Gwinnett, and
Henry Counties in Georgia, as found at 40 CFR part 81, from
nonattainment to attainment for the 2015 8-hour ozone NAAQS.
EPA is also notifying the public of the status of EPA's adequacy
process for the MVEBs for the Atlanta Area. The adequacy comment period
began on February 11, 2022, with EPA's posting of the availability of
Georgia's submission on EPA's adequacy website (<a href="https://www.epa.gov/state-and-local-transportation/state-implementation-plans-sip-submissions-currently-under-epa">https://www.epa.gov/state-and-local-transportation/state-implementation-plans-sip-submissions-currently-under-epa</a>). The adequacy comment period for these
MVEBs closed on March 15, 2022. No comments, adverse or otherwise, were
received during the adequacy

[[Page 52488]]

comment period. Please see Section VII of this notice of 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 February 25, 2022, redesignation request and associated SIP
submission that addresses 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 2015 8-hour
ozone NAAQS.

II. Background

On October 1, 2015, EPA revised both the primary and secondary
NAAQS for ozone to a level of 0.070 parts per million (ppm) to provide
increased protection of public health and the environment. See 80 FR
65292 (October 26, 2015). The 2015 ozone NAAQS retains the same general
form and averaging time as the 0.075 ppm NAAQS set in 2008 but is set
at a more protective level. Under EPA's regulations at 40 CFR part 50,
the 2015 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 0.070 ppm. See Appendix U
of 40 CFR part 50. This 3-year average is referred to as the design
value.
Upon promulgation of a new or revised ozone NAAQS, section 107(d)
of the CAA requires EPA to designate as nonattainment any area that is
violating the NAAQS (or that contributes to ambient air quality in a
nearby area that is violating the NAAQS). As part of the designations
process for the 2015 8-hour ozone NAAQS, the Atlanta Area was
designated as a ``Marginal'' ozone nonattainment area, effective August
3, 2018. See 83 FR 25776 (June 4, 2018) and 40 CFR 81.311. Areas that
were designated as Marginal ozone nonattainment areas were required to
attain the 2015 8-hour ozone NAAQS no later than August 3, 2021, based
on 2018, 2019, and 2020 monitoring data. See 40 CFR 51.1303.\2\ The
Atlanta Area has an attaining design value calculated using 2018, 2019
and 2020 ozone ambient monitoring data. The Atlanta Area design value
continues to meet the 2015 8-hour ozone standard with a design value
calculated using 2019, 2020, and 2021 ozone ambient monitoring data.
Based on complete, quality-assured, and certified ozone monitoring data
from monitoring stations in the Atlanta Area, EPA is proposing to
determine that the Atlanta Area attained the 2015 8-hour ozone NAAQS to
meet the CAA 107(d)(3)(E)(i) requirement that the area attains the
NAAQS for redesignation purposes.
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\2\ Determination that the Atlanta Area attained by the required
August 3, 2021, attainment date is being addressed in a separate
rulemaking. See 87 FR 21842 (April 13, 2022).
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III. 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 EPA 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 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. Georgia's SIP Submittal

On February 25, 2022, Georgia requested that EPA redesignate the
Atlanta Area to attainment for the 2015 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.

[[Page 52489]]

V. EPA's Analysis of Georgia's SIP Submittal

As stated above, in accordance with the CAA, EPA proposes to
approve the 2015 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 2015 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.

Criterion (1)--The Atlanta Area Has Attained the 2015 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 2015 8-hour ozone NAAQS if it meets the
2015 8-hour ozone NAAQS, as determined in accordance with 40 CFR 50.19
and Appendix U of part 50, based on three complete, consecutive
calendar years of quality-assured air quality monitoring data. To
attain the 2015 8-hour ozone NAAQS, the 3-year average of the annual
fourth-highest daily maximum 8-hour average ozone concentrations
measured at each monitor within an area must not exceed 0.070 ppm.
Based on the data handling and reporting convention described in 40 CFR
part 50, Appendix U, the 2015 8-hour ozone NAAQS are attained if the
design value is 0.070 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.
EPA reviewed complete, quality-assured, and certified ozone
monitoring data from monitoring stations in the Atlanta Area for the
2015 8-hour ozone NAAQS for 2018 through 2021 and has determined that
the design values for each monitor in the Area are equal to or less
than the standard of 0.070 ppm for that time period. Based on this air
quality monitoring data, EPA is proposing to determine that the Atlanta
Area attained the 2015 8-hour ozone NAAQS. The fourth-highest 8-hour
ozone values at each monitor for 2018 through 2021 and the 3-year
averages of these values (i.e., design values), are summarized in Table
1, below.

Table 1--2018-2021 Ozone Concentrations for the Atlanta Area
[ppm]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual 4th-highest daily maximum 8-hr Design values
ozone concentration -------------------------
Air Quality System (AQS) site code Site name --------------------------------------------
2018 2019 2020 2021 2018-2020 2019-2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
13-067-0003.................................... Kennesaw......................... 0.065 0.067 0.056 0.062 0.062 0.061
13-085-0001.................................... Dawsonville...................... 0.065 0.062 0.057 0.061 0.061 0.060
13-089-0002.................................... South DeKalb..................... 0.067 0.073 0.061 0.067 0.067 0.067
13-097-0004.................................... Douglasville..................... 0.064 0.072 0.056 0.07 0.064 0.066
13-121-0055.................................... United Avenue.................... 0.072 0.075 0.063 0.066 0.070 0.068
13-135-0002.................................... Gwinnett......................... 0.065 0.068 0.066 0.065 0.066 0.066
13-151-0002.................................... McDonough........................ 0.069 0.075 0.058 0.066 0.067 0.066
13-247-0001.................................... Conyers.......................... 0.069 0.072 0.060 0.063 0.067 0.065
13-231-9991.................................... Georgia Station (Pike County) 0.065 0.068 0.054 0.061 0.062 0.061
CASTNET.
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The highest 3-year design value for 2018-2020 for the Atlanta Area
is 0.070 ppm at the United Ave site (AQS ID: 13-121-0055),\3\ which
meets the NAAQS. The highest 3-year design value for 2019-2021 for the
Atlanta Area is 0.068 ppm at the United Ave site, which is below the
NAAQS.
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\3\ 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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EPA will not take final action to approve the redesignation of the
Atlanta Area if the 3-year design value exceeds the NAAQS prior to EPA
finalizing the redesignation. Preliminary 2022 ozone monitoring data
currently indicates an attaining 2020, 2021 and 2022 design value for
the Atlanta Area. As discussed in more detail below, Georgia has
committed to continue monitoring in this Area in accordance with 40 CFR
part 58.

Criterion (2)--Georgia Has a Fully Approved SIP Under Section 110(k)
for the Atlanta Area; and Criterion (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, see
CAA section 107(d)(3)(E)(v), and that the state has a fully approved
SIP under section 110(k) for the area, see 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

[[Page 52490]]

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)(i)(I), referred to as the ``good neighbor
provision'' or the ``interstate transport provision'' of the Act,
requires that SIPs contain 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)(i)(I) 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 classification 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 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 purpose
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 61 FR 53174 (October 10, 1996) and 62 FR
24826 (May 7, 1997) (Reading, Pennsylvania, proposed and final
rulemakings); 61 FR 20458 (May 7, 1996) (Cleveland-Akron-Loraine, Ohio,
final rulemaking); and 60 FR 62748, (December 7, 1995) (Tampa, Florida,
final rulemaking)). See also 65 FR 37890 (June 19, 2000) (discussion on
this issue in Cincinnati, Ohio, redesignation) and 66 FR 50399 (October
19, 2001) (Pittsburgh, Pennsylvania, redesignation).
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 thorough discussion of the requirements contained
in sections 172(c) and 182 can be found in the General Preamble for
Implementation of Title I. See 57 FR 13498 (April 16, 1992).
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; 60 FR
12549, 12465-66 (March 7, 1995) (Final Redesignation of Detroit-Ann
Arbor,); 68 FR 25418, 25424-27 (May 12, 2003) (Final Redesignation of
St. Louis, Missouri); and 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 statue 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'').\4\ In addition, as discussed below, several of the part
D requirements under 182(a) 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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\4\ Applicable requirements of the CAA that become due after 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 NO<INF>X</INF> emitted within the
boundaries of the ozone nonattainment area. This required submission
was due by August 3, 2020, for the Atlanta Area. See 40 CFR 51.1315(a).
Georgia provided an emissions inventory for the Area to EPA in a July
2, 2020, SIP submission, and EPA approved the emissions inventory in an
action published on March 9, 2022. See 87 FR 13179.
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
2015 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, a vehicle 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 2015 8-hour ozone standard after
the enactment of the 1990 CAA amendments.
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 its
redesignation to attainment. Nonetheless, Georgia has an

[[Page 52491]]

approved part D NSR SIP for the Atlanta Area. See 87 FR 3677 (January
25, 2022).
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 Verification of Continued Attainment section of this notice, 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 July 2,
2020, with a supplement to that submittal on November 4, 2021,
addressing the section 182(a)(3)(B) emissions statements requirements.
EPA approved Georgia's July 2, 2020, and November 4, 2021, SIP revision
in an action published on March 9, 2022. See 87 FR 13179.
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 \5\ as not applying
for the 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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\5\ 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 to find 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 purpose of redesignation. EPA may rely on prior SIP approvals in
approving a redesignation request, see Calcagni Memorandum at 3;
Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984,
989-90 (6th Cir. 1998); and Wall v. EPA, 265 F.3d 426 (6th Cir. 2001),
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 86 FR 68413 (December 12, 2021), 85 FR 14147
(March 11, 2020), and 85 FR 20836 (April 15, 2020). 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 it believes that Georgia has met all part D
requirements applicable for purpose of this redesignation.

Criterion (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 or the COVID-19 pandemic.\6\
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\6\ Georgia provided average temperature and precipitation data
for May through September in Atlanta, Georgia, from 1930 through
2020. Based on this information, the average temperature and
precipitation fluctuates around the average meteorological
conditions, with 2018, 2019, and 2020 being hotter than the 1930-
2020 average temperature and 2018 and 2020 wetter than the 1930-2020
average precipitation. Georgia concluded that the 2018-2020 period
for the Atlanta Area was not unusually cool or wet and that
meteorology is not responsible for the decreasing ozone trends. See
Section 2.3 of the State's redesignation request and proposed SIP
revision for further information. EPA analyzed 2021 meteorology data
related to the Atlanta Area which shows that the May through
September 2021 temperatures were essentially the same as the 30-year
1981-2020 normals and that 2021 precipitation was near the 75th
percentile of the 30-year average and not significantly higher than
in 2017 and 2018. The 2021 data does not indicate unusually
favorable weather conditions for lower ozone concentrations and is
consistent with Georgia's conclusions that the air quality
improvement in the area is due to permanent and enforceable
emissions reductions.
Georgia also provided data related to the COVID-19 pandemic's
impact on mobile emissions. Georgia recognized that following the
beginning of the pandemic, 2020 vehicle counts and vehicle miles
traveled (VMT) were lower than 2018 and 2019, but Georgia points out
that studies indicate that people plan to work from home more in the
future than they did before the pandemic, therefore VMT are not
expected to return to pre-pandemic levels. See Georgia Commute
Options, COVID-19 Commute Impact Report (Dec. 2021), available at
<a href="https://gacommuteoptions.com/home/return-to-office/covid-19-commute-impact-report/">https://gacommuteoptions.com/home/return-to-office/covid-19-commute-impact-report/</a>. Georgia also points out that, despite preliminary
traffic and congestion data from the Georgia Department of
Transportation, TomTom International BV (TomTom) and the Federal
Highway Administration indicating increased VMT from 2020 to 2021,
ozone design values are still decreasing. See Atlanta Regional
Commission, How Traffic Patterns in ATL Have Changed During
Pandemic, <a href="https://atlantaregional.org/whats-next-atl/articles/how-traffic-patterns-in-atl-have-changed-during-pandemic/">https://atlantaregional.org/whats-next-atl/articles/how-traffic-patterns-in-atl-have-changed-during-pandemic/</a>; TomTom,
Atlanta Traffic, <a href="https://www.tomtom.com/en_gb/traffic-index/atlanta-traffic/">https://www.tomtom.com/en_gb/traffic-index/atlanta-traffic/</a>.
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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)--NO<INF>X</INF> from Electric Generating Units
(EGUs); Georgia Rule 391-3-1-.02(2)(lll)--NO<INF>X</INF> from Fuel
Burning Equipment; Georgia Rule 391-3-1-.02(2)(nnn)--NO<INF>X</INF>
from Stationary Gas Turbines; Georgia Rule 391-3-1-.02(2)(rrr)--
NO<INF>X</INF> from Small Fuel Burning Equipment; and Georgia Rule
Chapter 391-3-20--Enhanced Inspection and Maintenance.

[[Page 52492]]

Rule 391-3-1-.02(2)(yy) requires a case-by-case RACT determination
for sources of NO<INF>X</INF> emissions with the potential to emit more
than 25 tons of NO<INF>X</INF> 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 NO<INF>X</INF> per year in Barrow,
Bartow, Carrol, Hall, Newton, Spalding, and Walton Counties.
Rule 391-3-1-.02(2)(jjj) regulates NO<INF>X</INF> emissions from
coal-fired external combustion devices that generate steam for
electricity generation. This rule established a NO<INF>X</INF> emission
standard of 0.13 pound 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.\7\
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\7\ Plant Bowen operates the only remaining coal-fired EGU in
the Atlanta Area. In order to comply with Rule 391-3-1-.02(2)(jjj)
Plant Bowen incorporated a 0.07 lb/MMBtu permit limit from May 1--
September 30 into its Title V permit and has been operating at or
below this limit each year from May 1--September 30 since 2003.
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Rule 391-3-1-.02(2)(lll) applies to fuel-burning equipment with
maximum design head 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 all the counties in the
Atlanta Area and counties in the surrounding 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) establishes ozone season NO<INF>X</INF>
emissions limits for stationary gas turbines greater than 25 megawatts
(MW) in 45 counties, including the counties in the Atlanta Area and
counties in the surrounding area. This rule requires combustion
turbines permitted on or after April 1, 2000, to emit no more than 6
ppm NO<INF>X</INF> at 15 percent oxygen during the period of May 1
through September 30 of each year. This period falls within the broader
ozone season.
Rule 391-3-1-.02(2)(rrr) is a RACT rule for small fuel-burning
equipment. It requires that in order to reduce NO<INF>X</INF>
emissions, 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 during ozone season for units not subject
to Rule 391-3-1-.02(2)(jjj) or 391-3-1-.02(2)(lll). 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 NO<INF>X</INF>
emissions exceeding 25 tons per year (tpy) and at facilities in Barrow,
Bartow, Carroll, Hall, Newton, Spalding or Walton County with
NO<INF>X</INF> emissions exceeding 100 tpy; the individual fuel-burning
equipment has potential emissions of NO<INF>X</INF> equal to or
exceeding 1 tpy; and the individual fuel-burning equipment either has a
maximum design head input capacity of less than 100 MMBtu/hr or less
than 10 MMBtu/hr, depending on when it was installed.
Rule Chapter 391-3-20 is the Enhanced Inspection and Maintenance
(Vehicle Emissions I/M Program). EPA fully approved the State's
enhanced I/M program and adopted it into the SIP in January 2000 and
updated it in April 2009.\8\ See 65 FR 4133 (January 26, 2000) and 74
FR 17783 (April 17, 2009), respectively. The program applies to
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth,
Fulton, Gwinnett, Henry, Paulding, and Rockdale Counties.
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\8\ EPA has recently proposed to approve a revision to the
Georgia I/M program. See 87 FR 41080 (July 11, 2022).
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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 sulfur
dioxide (SO<INF>2</INF>) and NO<INF>X</INF> emissions in 28 eastern
states, including Georgia, that contributed to downwind nonattainment
and maintenance of the 1997 8-hour ozone NAAQS and the 1997 Fine
Particulate Matter (PM<INF>2.5</INF>) 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, see 76 FR 48208, acting on the D.C. Circuit's
remand, EPA promulgated CSAPR to address the issues raised by the
remand of CAIR. CSAPR addressed the two NAAQS at issue in CAIR and
additionally addressed the good neighbor provision for the 2006
PM<INF>2.5</INF> NAAQS.\9\ CSAPR required 28 states to reduce
SO<INF>2</INF> emissions, annual NO<INF>X</INF> emissions, or ozone
season NO<INF>X</INF> emissions that significantly contribute to other
states' nonattainment or interfere with other states' abilities to
maintain the 1997 PM<INF>2.5</INF> and ozone standards and the 2006
PM<INF>2.5</INF> standard.\10\ The FIPs required EGUs in the covered
states, including Georgia, to participate in regional trading programs
to achieve the necessary emissions reductions. CSAPR was the subject of
an adverse decision by the D.C. Circuit in August 2012.\11\ However,
this decision was reversed in April 2014 by the Supreme Court, which
largely upheld the rule, including EPA's approach to addressing
interstate transport in CSAPR. EPA v. EME Homer City Generation, L.P.,
572 U.S. 489 (2014) (EME Homer City I). The rule was remanded to the
D.C. Circuit to consider claims not addressed by the Supreme Court. Id.
In July 2015, the D.C. Circuit generally affirmed EPA's interpretation
of various statutory provisions and EPA's technical decisions, EME
Homer City Generation, L.P. v. EPA, 795 F.3d 118 (2015) (EME Homer City
II), but the court remanded the rule without vacatur for
reconsideration of EPA's emissions budgets for certain states, which
the court found may have over-controlled those states' emissions with
respect to the downwind air quality problems to which the states were
linked. Id. at 129-30, 138. For more information on the legal issues
associated with CSAPR and the Supreme Court and D.C. Circuit's
decisions in the EME Homer City litigation, refer to the preamble of
the CSAPR Update.\12\ On October 13, 2017, EPA approved into the
Georgia SIP, the Group 1 NO<INF>X</INF> ozone season trading program
budgets and implementing

[[Page 52493]]

regulations to address interstate transport for the 1997 8-hour ozone
standard and removed from Georgia's SIP those state trading program
rules adopted to comply with CAIR. See 82 FR 47930.
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\9\ See 76 FR 48208.
\10\ CSAPR was revised by several rulemakings after its initial
promulgation in order to revise certain states' budgets and to
promulgate FIPs for five additional states addressing the good
neighbor obligation for the 1997 ozone NAAQS. See, e.g., 76 FR 80760
(December 27, 2011); 77 FR 10324 (February 21, 2012); 77 FR 34830
(June 12, 2012). Additional revisions to CSAPR are discussed in the
following paragraph.
\11\ On August 21, 2012, the D.C. Circuit issued a decision in
EME Homer City Generation, L.P. v. EPA, 696 F.3d 7 (D.C. Cir. 2012),
vacating CSAPR. The EPA sought review with the D.C. Circuit en banc
and the D.C. Circuit declined to consider EPA's appeal en banc. EME
Homer City Generation, L.P. v. EPA, No. 11-1302 (D.C. Cir. January
24, 2013), ECF No. 1417012 (denying EPA's motion for rehearing en
banc).
\12\ Cross-State Air Pollution Rule Update for the 2008 Ozone
NAAQS, 81 FR 74504, 74511 (October 26, 2016).
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From 2016 to 2021, EPA established multiple rules to address
interstate transport of ozone pollution respecting the 2008 8-hour
ozone NAAQS including the CSAPR Update in 2016, see 81 FR 74504, the
Close Out rule in 2018, see 83 FR 65878, and the Revised CSAPR Update
in 2021, see 86 FR 23054. For additional policy and legal details
including litigation regarding the 2008 8-hour ozone interstate
transport considerations, please refer to the preamble of the final
Revised CSAPR Update. See 86 FR 23054. EGUs in Georgia were not found
to significantly contribute to nonattainment or interfere with
maintenance in downwind states for the 2008 8-hour standard.
On April 6, 2022, EPA published in the Federal Register a notice of
proposed rulemaking titled the ``Federal Implementation Plan Addressing
Regional Ozone Transport for the 2015 Ozone National Ambient Air
Quality Standard,'' which if finalized, would fully resolve the covered
states' CAA interstate transport obligations for the 2015 Ozone
NAAQS.\13\ The proposed rule addresses 26 states' obligations to
eliminate significant contribution to nonattainment, or interference
with maintenance, for the 2015 standard in other states. Georgia is not
within the scope of that proposed rule because EPA found that emissions
from sources in Georgia will not significantly contribute to
nonattainment or interfere with maintenance of the 2015 ozone NAAQS in
another state and approved Georgia's 2015 ozone transport SIP. See 86
FR 68413 (December 2, 2021).
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\13\ See 87 FR 20036.
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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 NO<INF>X</INF> emissions.
These standards require all passenger vehicles in any
manufacturer's fleet to meet an average standard of 0.07 grams of
NO<INF>X</INF> per mile. Additionally, in January 2006, the sulfur
content of gasoline was required to be on average 30 ppm which assists
in lowering the NO<INF>X</INF> emissions. EPA expects that these
standards will reduce NO<INF>X</INF> emissions from vehicles by
approximately 74 percent by 2030, translating to nearly 3 million tons
annually by 2030.\14\
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\14\ EPA, Regulatory Announcement, EPA420-F-99-051 (December
1999), available at <a href="http://www.epa.gov/tier2/documents/f99051.pdf">http://www.epa.gov/tier2/documents/f99051.pdf</a>.
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Tier 3 vehicle and fuel standards. Implementation began in 2017 and
will continue to phase in through 2025. These standards set new vehicle
emissions standards and lower the allowed sulfur content of gasoline in
order to reduce air pollution from passenger cars and trucks. Tailpipe
and evaporative emissions will be reduced for passenger cars, light-
duty trucks, medium-duty passenger vehicles, and some heavy-duty
vehicles. The Tier 3 vehicle standards for light-duty vehicles, light-
duty trucks, and medium-duty passenger vehicles will be a fleet average
standard of 0.03 gram of non-methane organic gases (NMOG) +
NO<INF>X</INF> per mile as measured on the Federal Test Procedure
(FTP), and a fleet average standard 0.05 gram of NMOG + NO<INF>X</INF>
per mile as measured on the Supplemental Federal Test Procedure (SFTP).
The Tier 3 vehicle standards for heavy-duty pick-ups and vans will be
0.178 gram per mile of non-methane organic gases (NMOG) +
NO<INF>X</INF> for Class 2b vehicles and 0.247 gram per mile of NMOG +
NO<INF>X</INF> for Class 3 vehicles, as measured on the FTP. This
standard required Federal gasoline to meet an annual average standard
of 10 ppm of sulfur by January 1, 2017. The Tier 3 tailpipe standards
for light-duty vehicles will reduce the fleet average standards for the
sum of NMOG and NO<INF>X,</INF> NMOG + NO<INF>X</INF> by approximately
80 percent from the current fleet average standards, and will reduce
the per-vehicle particulate matter (PM) standards by 70 percent. The
Tier 3 program for heavy-duty vehicles will reduce the fleet average
standards for NMOG + NO<INF>X</INF> and PM by approximately 60 percent
from the current fleet average standards. The Tier 3 program is also
reducing the evaporative VOCs by approximately 50 percent from the
current standards, and these standards apply to all light-duty and on-
road gasoline-powered heavy-duty vehicles.
Large non-road diesel engines rule & ultra low-sulfur diesel rule.
This rule was promulgated in 2004 and was phased in from 2008 to 2014.
This rule reduces the sulfur content in the nonroad diesel fuel and
reduces NO<INF>X</INF>, VOC, PM, and CO 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 NO<INF>X</INF> 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 reduced and will continue to reduce greenhouse gas
emissions and increase fuel efficiency for model year 2014 through 2018
combination tractors (semi-trucks), heavy-duty pickup trucks and vans,
and vocational vehicles. These standards required on-road vehicles to
achieve reductions in CO emissions and fuel consumption by 2018. The
decrease in fuel consumption may result in NO<INF>X</INF> emission
reductions.
Heavy-duty gasoline and diesel highway vehicle standards & ultra
low-sulfur diesel rule. EPA issued this rule in 2001. See 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; it further reduces the highway diesel fuel sulfur content to 15
ppm, leading to additional reductions in combustion NO<INF>X</INF> and
VOC emissions. EPA expects that this rule will achieve a 95 percent
reduction in NO<INF>X</INF> emissions from diesel trucks and buses and
will reduce NO<INF>X</INF> 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.\15\
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\15\ See 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 NO<INF>X</INF>, hydrocarbons, and CO 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. Now that all of the nonroad spark-ignition and
recreational engine standards are fully implemented, there has been an
overall 72 percent reduction in hydrocarbons, 80 percent reduction in
NO<INF>X</INF>, and 56 percent reduction in CO emissions. See 73 FR
59034 (October 8, 2008). The controls resulting from these standards
reduce ambient concentrations of ozone, CO, and PM<INF>2.5.</INF>
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 in carbon dioxide
(CO<INF>2</INF>) 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

[[Page 52494]]

consumed, and therefore, slightly less VOC emissions released. EPA
issued the Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule on
April 30, 2020, as an update to Phase 2. See 84 FR 24174 (April 30,
2020). This new standard sets fuel economy and CO<INF>2</INF> standards
that increase 1.5 percent in stringency each year from model years 2021
through 2026 and applies to passenger cars and light trucks. On
February 8, 2021, the D.C. Circuit issued an order granting the Federal
Government's motion to stay litigation over the SAFE Vehicles Rule. See
Order, Union of Concerned Scientists v. NHTSA, No. 19-1230 (D.C. Cir.
Feb. 8. 2021)).
Boiler and Reciprocating Internal Combustion Engine (RICE) National
Emissions Standards for Hazardous Air Pollutants (NESHAP). The NESHAP
for industrial, commercial, and institutional boilers (40 CFR part 63,
subpart DDDDD) and the NESHAP for RICE (40 CFR part 63, subpart ZZZZ)
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
and date of construction or reconstruction.
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. See
77 FR 9304. The purpose of this rule is to reduce mercury and other
toxic air pollutant emissions from coal- and oil-fired EGUs, 25 MW or
more, that generate electricity for sale and distribution through the
national electric grid to the public. The NSPS has revised emission
standards for NO<INF>X,</INF> SO<INF>2</INF>, and 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. The MATS rule has resulted in
further reductions of both NO<INF>X</INF> and SO<INF>2</INF> 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
NO<INF>X</INF> and VOC emissions resulting from the Federal and SIP-
approved state measures discussed above.

Criterion (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. See CAA section
107(d)(3)(E)(iv). In conjunction with its request to redesignate the
Atlanta Area to attainment for the 2015 8-hour ozone NAAQS, Georgia
submitted a SIP revision to provide for the maintenance of the 2015 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.
Pursuant to 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 2015 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 plan, verification of continued
attainment, and a contingency plan. As 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, the Atlanta Area has an attaining design value
for the 2015 8-hour ozone NAAQS based on quality-assured monitoring
data for the 3-year period from 2018-2020.\16\ The Atlanta Area design
value continues to meet the 2015 8-hour ozone NAAQS based on quality-
assured monitoring data for the 3-year period from 2019-2021. Georgia
selected 2018 as the base year (i.e., attainment emissions inventory
year) for developing a comprehensive emissions inventory for
NO<INF>X</INF> and VOC, for which projected emissions could be
developed for 2021, 2024, 2027, and 2030. The attainment inventory
identifies a level of emissions in the Area that is sufficient to
attain the 2015 8-hour ozone NAAQS. Georgia began development of the
attainment inventory by first generating a baseline emissions inventory
for the Area. The 2018 base year emissions were projected to 2033 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
parameters. In addition to comparing the final year of the plan (2033)
to the base year (2018), Georgia compared interim years to the baseline
to demonstrate that these years are also expected to show continued
maintenance of the 2015 8-hour ozone standard.
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\16\ Final air quality design values for all criteria
pollutants, including ozone, are available at <a href="https://www.epa.gov/air-trends/air-quality-design-values">https://www.epa.gov/air-trends/air-quality-design-values</a>. These design values are
calculated in accordance with 40 CFR part 50.
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The emissions inventory is composed of four major types of sources:
Point, non-point, on-road, and non-road mobile. Complete descriptions
of how the State developed these inventories are located in Appendix A-
3 through Appendix A-10 of the February 25, 2022, SIP submittal.

Point Sources

Georgia provided point source emissions for EGU and non-EGU
stationary sources with emissions equal to or exceeding 250 tpy of VOC
or 2,500 tpy of NO<INF>X</INF> in Bartow, Clayton, Cobb, DeKalb,
Fulton, Gwinnett, and Henry Counties. The 2017 emissions inventory
(most recent triannual National Emissions Inventory (NEI) year)
includes all stationary sources whose actual emissions equal or exceed
100 tpy of VOC or 100 tpy of NO<INF>X</INF>. Therefore, 2017 point
source emissions for the smaller point sources that were not included
in the 2018 inventory were added by Georgia to provide a

[[Page 52495]]

comprehensive 2018 point source emissions inventory.
EGU point source emissions for the two power plants in the Area
(Plant Bowen, Plant McDonough/Atkinson) are tabulated from data
collected from Georgia Power during the 2018 emission data collection
process.\17\ Georgia projected 2033 NO<INF>X</INF> and VOC emissions
for Plant Bowen and Plan McDonough/Atkinson from the 2018 emissions
using growth factors based on fuel consumption.
---------------------------------------------------------------------------

\17\ Georgia's emission data collection process is discussed at
<a href="https://epd.georgia.gov/forms-permits/air-protection-branch-forms-permits/air-emissions/submit-emissions-inventory">https://epd.georgia.gov/forms-permits/air-protection-branch-forms-permits/air-emissions/submit-emissions-inventory</a>.
---------------------------------------------------------------------------

For non-EGU emissions, Georgia calculated 2018 and 2033
NO<INF>X</INF> and VOC summer day emissions using 2018 data submitted
by facilities during the 2018 GA EPD emission data collection process.
The basis for Georgia's no-growth assumption for non-EGU point source
emissions from 2018-2033 is discussed in the SIP submittal.

Non-Point Sources

Since 2018 is not an NEI year, GA EPD estimates 2018 area source
emissions as an interpolation between 2016 and 2023 emissions from
EPA's 2016 emissions modeling platform v1.\18\ GA EPD multiplied the
2018 area source emissions with growth factors to estimate 2033 area
source emissions. These growth factors were calculated using 2016,
2023, and 2028 emissions in EPA's 2016 modeling platform v1.
---------------------------------------------------------------------------

\18\ Information regarding the 2016 emissions modeling platform
v6.1 is located at <a href="https://www.epa.gov/air-emissions-modeling/2016v1-platform">https://www.epa.gov/air-emissions-modeling/2016v1-platform</a>.
---------------------------------------------------------------------------

GA EPD developed 2018 agricultural burning and land clearing
emissions using 2018 burning records from the Georgia Forestry
Commission (GFC) and EPA agricultural burning emission factors provided
during the development of 2011 agricultural burning emissions for the
2011 NEI. The emissions for land clearing were estimated using the same
method used in SEMAP 2007 \19\ and the 2011 NEI fire inventory.
Emissions in future year 2033 are projected to be the same as base year
2018. Summer day emissions from agricultural burning and land clearing
were calculated using emissions during the month of July, and Georgia
used the same formula it used to calculate summer day emissions for
non-EGU sources.
---------------------------------------------------------------------------

\19\ See AMEC, Development of the 2007 Base Year and Typical
Year Fire Emission Inventory for the Southeastern States Air
Resource Managers, Inc. (Final Report) (2012).
---------------------------------------------------------------------------

GA EPD used 2018 burning records from the GFC, the United States
Forest Service, the United States Fish & Wildlife Service, and military
bases to determine 2018 wildfire and prescribed burning emissions,
again using the same method used in SEMAP 2007 \20\ and the 2011 NEI
fire inventory. Summer day emissions from wildfires and prescribed
burning were calculated using daily emissions from fires that occurred
during the 20 weekdays in July and then dividing the total emissions
during July weekdays by 20 days. GA EPD assumed that emissions from
agricultural burning, land clearing, wildfires, and prescribed burning
remained constant from 2018-2033.
---------------------------------------------------------------------------

\20\ Id.
---------------------------------------------------------------------------

On-Road Sources

The Atlanta Regional Commission developed 2018 and 2033 on-road
mobile source emissions using EPA's MOVES3 mobile source emissions
model. GA EPD used best available local data for model inputs such as
population, 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 in the Atlanta Area: one six-county group
consisting of Clayton, Cobb, Dekalb, Fulton, Gwinnett, and Henry; and
Bartow County alone. The Area was broken into two groups because of
differences in I/M control programs and summer fuel blends (volatility
levels). Running the model separately addresses the impacts from
different inputs by county and is consistent with modeling for future
transportation conformity demonstrations.\21\ The six-county group has
an I/M program and a summer fuel blend with Reid Vapor Pressure (RVP, a
measure of volatility) limit of 8.8 psi for 2018. Bartow County does
not have an I/M program and has a summer fuel blend with a RVP limit of
10.0 psi. All seven counties in the Atlanta Area will have the same
fuel blend by 2033.
---------------------------------------------------------------------------

\21\ See ``Ozone 2015 Maintenance Plan Modeling Assumptions'' in
Appendix A-11 of Georgia's submittal for more details.
---------------------------------------------------------------------------

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 2018 and 2033 emissions from
non-road sources other than marine, aircraft, and locomotives, using
the NONROAD portion of EPA's MOVES3 model.\22\ MOVES3 defaults were
used with 2018 meteorological data based on Atlanta Hartsfield Jackson
International Airport meteorological data. Fuel properties reflected
the current Georgia gasoline formulation.\23\
---------------------------------------------------------------------------

\22\ Georgia used MOVES3. More information on the MOVES3 model
is available at <a href="https://www.epa.gov/moves/latest-version-motor-vehicle-emission-simulator-moves">https://www.epa.gov/moves/latest-version-motor-vehicle-emission-simulator-moves</a>.
\23\ 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 <a href="http://www.epa.gov/gasoline-standards/gasoline-reid-vapor-pressure">http://www.epa.gov/gasoline-standards/gasoline-reid-vapor-pressure</a>.
---------------------------------------------------------------------------

For 2018 locomotive emissions, Georgia used the 2017 NEI \24\
because locomotive fuel consumption changed little from 2017 to 2018.
Georgia projected 2033 locomotive emissions from 2018 emissions using
growth and annual factors. Summer day and annual emissions for 2018 and
2033 from aircraft at Atlanta Hartsfield Jackson International Airport
were provided by KB Environmental Sciences on behalf of the City of
Atlanta Department of Aviation and are included in Appendix A-10 of the
SIP submittal. Other aircraft emissions were projected from the 2017
NEI version 2 for 2018 and were projected for 2033 using growth
factors. The 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 2017 levels. Georgia did not include marine
emissions in the inventory because no commercial marine vessels operate
in the Atlanta Area.
---------------------------------------------------------------------------

\24\ See Appendix A-9 of the February 25, 2022 SIP submittal.
---------------------------------------------------------------------------

The 2018 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 4 of the following
subsection discussing the maintenance demonstration.
c. Maintenance Demonstration
The maintenance plan associated with the redesignation request
includes a maintenance plan that does all of the following:
(i) Shows compliance with and maintenance of the 2015 8-hour ozone
NAAQS by providing information to support the demonstration that
current and future emissions of NO<INF>X</INF> and VOC remain at or
below 2018 emissions levels.
(ii) Uses 2018 as the attainment year and includes future emissions
inventory projections for 2021, 2024, 2027, and 2030. The 2027
emissions were calculated by linear interpolation

[[Page 52496]]

between 2018 and 2033; 2024 emissions were calculated by linear
interpolation between 2018 and 2027; and 2021 emissions were calculated
by linear interpolation between 2018 and 2024; and 2030 emissions were
calculated by linear interpolation between 2027 and 2033.
(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, NO<INF>X</INF> and VOC MVEBs were established for the last
year (2033) of the maintenance plan as well as for an interim year of
2018 (see Section VI, below).
(iv) Provides actual 2018 and projected emissions inventories, in
tons per summer day (tpsd), for the Atlanta Area, as shown in Tables 2
through 4, below.

Table 2--Actual and Projected Average Summer Day NOX Emissions for the Atlanta Area
[tpsd] *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source 2018 2021 2024 2027 2030 2033
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 28.02 27.82 27.62 27.42 27.22 27.02
Non-point............................................... 2.70 2.70 2.70 2.70 2.70 2.70
On-road................................................. 99.99 87.27 74.56 61.85 49.14 36.43
Non-road................................................ 49.22 48.70 48.18 47.67 47.15 46.63
-----------------------------------------------------------------------------------------------
Total............................................... 179.92 166.49 153.06 139.63 126.20 112.77
--------------------------------------------------------------------------------------------------------------------------------------------------------
* The emissions represented in the table may be slightly different than the inventories in the submittal based on rounding convention.

Table 3--Actual and Projected Average Summer Day VOC Emissions for the Atlanta Area
[tpsd] *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source 2018 2021 2024 2027 2030 2033
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point................................................... 8.07 8.07 8.07 8.06 8.06 8.06
Non-point............................................... 23.36 23.88 24.40 24.91 25.43 25.95
On-road................................................. 54.00 47.55 41.09 34.64 28.18 21.73
Non-road................................................ 37.89 38.53 39.17 39.80 40.44 41.08
-----------------------------------------------------------------------------------------------
Total............................................... 123.32 118.03 112.73 107.41 102.11 96.82
--------------------------------------------------------------------------------------------------------------------------------------------------------
* The emissions represented in the table may be slightly different than the inventories in the submittal based on rounding convention.

Table 4--Emission Estimates for the Atlanta Area
[tpsd] *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollutant 2018 2021 2024 2027 2030 2033 Safety margins
--------------------------------------------------------------------------------------------------------------------------------------------------------
NO...................................... 179.92 166.49 153.06 139.63 126.20 112.77 67.16
VOC..................................... 123.32 118.03 112.73 107.41 102.11 96.82 26.50
--------------------------------------------------------------------------------------------------------------------------------------------------------
* The emissions represented in the table may be slightly different than the inventories in the submittal based on rounding convention.

Tables 2 through 4 summarize the 2018 and future projected
emissions of NO<INF>X</INF> and VOC in the Atlanta Area. In situations
where local emissions were 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, 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 2018 as the attainment emissions inventory year for
the Atlanta Area and calculated safety margins for 2033. Because the
initial MVEB year of 2018 is also the base year for the maintenance
plan inventory, there is no safety margin for 2018, therefore, no
adjustments were made to the MVEB for 2018. The State has allocated a
portion of the safety margin to the 2033 MVEB for the Atlanta Area.

Table 5--Safety Margins for the Atlanta Area
------------------------------------------------------------------------
NOx VOC
Year (tpsd) (tpsd)
------------------------------------------------------------------------
2033.............................................. 67.16 26.50
------------------------------------------------------------------------

The State has decided to allocate a portion of the available safety
margin to the 2033 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 17.57 tpd of the available NO<INF>X</INF> safety margin to
the 2033 NO<INF>X</INF> MVEB and 13.27 tpd of the available VOC safety
margin to the 2033 VOC MVEB. After allocation of the available safety
margin, the remaining safety margin is 49.59 tpd for NO<INF>X</INF> and
13.23 tpd for VOC. This allocation and the resulting available safety
margin for the Atlanta Area are discussed further in Section VI along
with the MVEBs to be used for transportation conformity purposes.

d. Monitoring Network

There currently are nine AQS monitors measuring ozone in the

[[Page 52497]]

Atlanta Area. Georgia will continue to operate the monitors in the
Atlanta Area in compliance with 40 CFR part 58 and has thus addressed
the requirement for the monitoring. EPA approved Georgia's 2021 ambient
air monitoring network plan on October 19, 2021.

e. Verification of Continued Attainment

Georgia, through 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 Air Emissions Reporting Requirements (AERR)
(40 CFR part 51, subpart A), every three years GA EPD is required to
develop a comprehensive, annual, statewide emissions inventory 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 the progress of maintenance of
the NAAQS.

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 a 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 February 25, 2022, submittal, Georgia states that the
minimum requirement for contingency provisions is the implementation of
all measures that were contained in the SIP for the Area before the
redesignation and that all such measures are in effect for the Area.
Georgia also commits to use emission inventory and air quality
monitoring data as indicators to determine whether contingency measures
will be implemented. The contingency measures in the maintenance plan
include a two-tiered triggering mechanism to determine when a
contingency measure is needed and a process of developing and
implementing appropriate control measures.
A Tier 1 trigger will apply where a violation of the 2015 8-hour
ozone 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 0.071 ppm or greater at a single monitor for which the
previous ozone season had a 4th highest value of 0.071 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 to be implemented to remedy the
situation. The plan may include the following measures or any other
measure deemed appropriate and effective at the time the selection is
made: additional 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.\25\ 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
seasons. 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 2015 8-hour ozone NAAQS.
---------------------------------------------------------------------------

\25\ 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); and EPA's policy document, ``Incorporating Emerging and
Voluntary Measures in a State Implementation Plan (SIP)'' (September
2004).
---------------------------------------------------------------------------

A Tier II trigger will apply when any quality assured ozone design
value is equal to or greater than 0.071 ppm at a monitor in the Atlanta
Area which would be a violation of the 2015 ozone NAAQS. The Tier II
trigger date will be 60 days after the State observes a 4th highest
value that, when averaged with the two previous ozone seasons' fourth
highest values, would result in a three-year average equal to or
greater than 0.071 ppm. Alternatively, a Tier II trigger is activated
if the periodic emission inventory updates reveal excessive or
unanticipated growth greater than 10 percent in NO<INF>X</INF> or VOC
emissions over the attainment or intermediate emissions inventories for
the Atlanta Area. Once a Tier II trigger is activated, GA EPD will
conduct an analysis based on quality-assured ambient data and, within
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 or control is
already promulgated and scheduled to be implemented at the Federal or
state level, and that measure or control is determined to be adequate,
the State may conclude that additional local controls may be
unnecessary. At a minimum, section 175A contingency plans must include
a requirement that the state will implement all measures that were
contained in the SIP before the redesignation. Currently, all such
measures are in effect for the Atlanta Area; however, at the time of a
Tier II trigger, 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 measures will be selected from
the following types of measures or from any other measures deemed
appropriate and effective at the time that the selection is made:
<bullet> Reasonably Available Control Measures (RACM) for sources
of VOC and NO<INF>X</INF>;
<bullet> RACT for point sources of VOC and NO<INF>X</INF>,
specifically the adoption of new and revised RACT rules based on Groups
II, III, and IV control technique guidelines;
<bullet> Expansion of RACM/RACT to area(s) of transport within the
State;
<bullet> Other measures deemed appropriate at the time as a result
of advances in control technologies; and
<bullet> Additional NO<INF>X</INF> reduction measures yet to be
identified.
EPA preliminarily finds that the maintenance plan adequately
provides the five basic required components of a maintenance plan: the
attainment

[[Page 52498]]

emissions inventory, maintenance demonstration, monitoring plan,
verification of continued attainment, and a contingency plan.
Therefore, EPA proposes to find that the maintenance plan SIP revision
submitted by Georgia for the Atlanta Area meets the requirements of
section 175A of the CAA and is approvable.

VI. EPA's Analysis of Georgia's Proposed NO<INF>X</INF> and VOC MVEBs

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., 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 designated as 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 reasonable further progress 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.
See 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 NO<INF>X</INF> and
VOC for the Area. Georgia developed these MVEBs for the last year of
the maintenance plan (2033) and for the interim year of 2018. Because
the interim MVEB year of 2018 is also the base year for the maintenance
plan inventory, there is no safety margin; therefore, no adjustments
were made to the MVEBs for 2018. 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 NO<INF>X</INF> 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 NO<INF>X</INF> and VOC MVEBs for the Area
are identified in Table 5, below.

Table 6--Atlanta Area NOX and VOC MVEBs
[tpsd]
------------------------------------------------------------------------
2018 2033
------------------------------------------------------------------------
NOX On-Road Emissions................................... 99.99 37.57
NOX Safety Margin Allocated to MVEB..................... ...... 17.57
NOX MVEB................................................ 99.99 54
VOC On-Road Emissions................................... 54.00 21.73
VOC Safety Margin Allocated to MVEB..................... ...... 13.27
VOC MVEB................................................ 54.00 35
------------------------------------------------------------------------
* The emissions represented in the table may be slightly different than
the inventories in the submittal based on rounding convention.

Georgia has chosen to allocate a portion of the available safety
margin to the 2033 NO<INF>X</INF> and VOC MVEBs for the Area based on
the worse-case 2033 daily motor vehicle emissions projection. The
worst-case projection for NO<INF>X</INF> is 48 percent (17.57 tpd)
above the projected 2033 NO<INF>X</INF> on-road emissions, and the
worst-case projection for VOC is 61 percent (13.27 tpd) above the 2033
VOC on-road emissions. Georgia therefore allocated 17.57 tpd of the
NO<INF>X</INF> safety margin to the 2033 NO<INF>X</INF> MVEB and 13.27
tpd of the VOC safety margin to the 2033 MVEB. The remaining safety
margins for 2033 are 49.59 tpd and 13.23 tpd for NO<INF>X</INF> and
VOC, respectively.
Through this proposed rulemaking, EPA is proposing to approve the
MVEBs for NO<INF>X</INF> and VOC for years 2018 and 2033 for the Area
because EPA has determined that the Area maintains the 2015 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 comes
first), they must be used for future conformity determinations.

VII. EPA's Adequacy Determination for the Proposed NO<INF>X</INF> and
VOC MVEBs

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 initiated 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 in an
action titled ``New 8-Hour Ozone and PM<INF>2.5</INF> National Ambient
Air Quality Stanards and Miscellaneous Revisions for Existing Areas;
Transportation Conformity Rule Amendments--Response to Court Decision
and Additional Rule Change'' on July 1, 2004. See 69 FR 40004.
Additional information on the adequacy process for transportation
conformity purpose is available in the June 30, 2003, proposed rule
titled ``Transportation Conformity Rule Amendments: Response to Court
Decision and Additional Rule Changes.'' See 68 FR 38974, 38984.
As discussed earlier, Georgia's maintenance plan includes
NO<INF>X</INF> and VOC MVEBs for the Atlanta Area for interim year 2018
and 2033, the last year of the maintenance plan. EPA reviewed the
NO<INF>X</INF> and VOC MVEBs through the adequacy process as described
in Section I.
EPA intends to make its determination on the adequacy of the

[[Page 52499]]

2018 and 2033 MVEBs for the Area for transportation conformity purposes
in the near future by completing the adequacy process that was started
on February 11, 2022. If EPA finds the 2018 and 2033 MVEBs adequate or
approves them, the new MVEBs for NO<INF>X</INF> and VOC must be used
for future transportation conformity determinations. For required
regional emissions analysis years that involve 2018 through 2032, the
new 2018 MVEBs will be used, and for years 2033 and beyond, the
applicable budgets will be the new 2033 MVEBs established in the
maintenance plan.

VIII. 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, Clayton, Cobb, DeKalb, Fulton, Gwinnett, and Henry Counties, in
the Atlanta Area, found at 40 CFR part 81, from nonattainment to
attainment for the 2015 8-hour ozone NAAQS. Approval of Georgia's
associated SIP revision would also incorporate a plan for maintaining
the 2015 8-hour ozone NAAQS in the Area through 2033 into the Georgia
SIP. The maintenance plan establishes NO<INF>X</INF> and VOC MVEBs for
the 2018 and 2033 for the Area and includes contingency measures to
remedy any future violations of the 2015 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 NO<INF>X</INF> and VOC MVEBs for 2018 and
2033, and incorporate it into the Georgia SIP, and (2) approve
Georgia's redesignation request for the 2015 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 NO<INF>X</INF> and VOC
MVEBs for the 2018 and 2033 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 NO<INF>X</INF> 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, Clayton, Cobb, DeKalb, Fulton,
Gwinnett, and Henry Counties, in Georgia for the 2015 8-hour ozone
NAAQS from nonattainment to attainment, as found at 40 CFR part 81.

X. Statutory and Executive Order and 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.
These actions merely propose to approve state law as meeting Federal
requirements and do not impose additional requirements beyond those
imposed by state law. For that reason, these proposed actions:
<bullet> 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);
<bullet> Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rules do
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will they impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, 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: August 12, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-17846 Filed 8-25-22; 8:45 am]
BILLING CODE 6560-50-P

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.