81_FR_1150 81 FR 1144 - Air Plan Approval and Air Quality Designation; GA; Redesignation of the Atlanta, GA, 1997 Annual PM2.5

81 FR 1144 - Air Plan Approval and Air Quality Designation; GA; Redesignation of the Atlanta, GA, 1997 Annual PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 6 (January 11, 2016)

Page Range1144-1162
FR Document2015-33196

On August 30, 2012, the Georgia Department of Natural Resources, through the Georgia Environmental Protection Division (GA EPD), submitted a request for the Environmental Protection Agency (EPA) to redesignate the Atlanta, Georgia, fine particulate matter (PM<INF>2.5</INF>) nonattainment area (hereafter referred to as the ``Atlanta Area'' or ``Area'') to attainment for the 1997 Annual PM<INF>2.5</INF> national ambient air quality standards (NAAQS) and to approve a state implementation plan (SIP) revision containing a maintenance plan for the Atlanta Area. EPA is proposing to determine that the Atlanta Area is continuing to attain the 1997 Annual PM<INF>2.5</INF> NAAQS; to approve Georgia's plan for maintaining the 1997 Annual PM<INF>2.5</INF> NAAQS in the Atlanta Area (maintenance plan), including the associated motor vehicle emission budgets (MVEBs) for nitrogen oxides (NO<INF>X</INF>) and PM<INF>2.5</INF> for the year 2024, into Georgia's SIP; and to redesignate the Atlanta Area to attainment for the 1997 Annual PM<INF>2.5</INF> NAAQS. EPA is also notifying the public of the status of EPA's adequacy determination for the Atlanta Area.

Federal Register, Volume 81 Issue 6 (Monday, January 11, 2016)
[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Proposed Rules]
[Pages 1144-1162]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-33196]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2013-0084; FRL-9940-88-Region 4]


Air Plan Approval and Air Quality Designation; GA; Redesignation 
of the Atlanta, GA, 1997 Annual PM2.5 Nonattainment Area to 
Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On August 30, 2012, the Georgia Department of Natural 
Resources, through the Georgia Environmental Protection Division (GA 
EPD), submitted a request for the Environmental Protection Agency (EPA) 
to redesignate the Atlanta, Georgia, fine particulate matter 
(PM2.5) nonattainment area (hereafter referred to as the 
``Atlanta Area'' or ``Area'') to attainment for the 1997 Annual 
PM2.5 national ambient air quality standards (NAAQS) and to 
approve a state implementation plan (SIP) revision containing a 
maintenance plan for the Atlanta Area. EPA is proposing to determine 
that the Atlanta Area is continuing to attain the 1997 Annual 
PM2.5 NAAQS; to approve Georgia's plan for maintaining the 
1997 Annual PM2.5 NAAQS in the Atlanta Area (maintenance 
plan), including the associated motor vehicle emission budgets (MVEBs) 
for nitrogen oxides (NOX) and PM2.5 for the year 
2024, into Georgia's SIP; and to redesignate the Atlanta Area to 
attainment for the 1997 Annual PM2.5 NAAQS. EPA is also 
notifying the public of the status of EPA's adequacy determination for 
the Atlanta Area.

DATES: Comments must be received on or before February 1, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2013-0084, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: EPA-R04-OAR-2013-0084, Air Regulatory Management Section, 
Air Planning and Implementation Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW., Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief, Air 
Regulatory Management Section, Air Planning and Implementation Branch, 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Such deliveries are only accepted during the Regional 
Office's normal hours of operation. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2013-0084. EPA policy is that all comments received will be included in 
the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information may not be publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in 
www.regulations.gov or in hard copy at the Air Regulatory Management 
Section, Air Planning and Implementation Branch, Air, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA 
requests that if at all possible, you contact the person listed in the 
FOR FURTHER INFORMATION CONTACT section to schedule your inspection. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Joel Huey, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. Joel Huey may be reached by phone at (404) 
562-9104 or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. What are the actions EPA is proposing to take?
II. What is the background for EPA's proposed actions?
III. What are the criteria for redesignation?
IV. Why is EPA proposing these actions?

[[Page 1145]]

V. What is EPA's analysis of the request?
VI. What is the effect of the January 4, 2013, D.C. Circuit decision 
regarding PM2.5 implementation under subpart 4?
VII. What is EPA's analysis of Georgia's proposed NOX and 
PM2.5 MVEBs for the Atlanta Area?
VIII. What is the status of EPA's adequacy determination for the 
proposed NOX and PM2.5 MVEBs for 2024 for the 
Atlanta area?
IX. Proposed Actions on the Redesignation Request and Maintenance 
Plan SIP Revisions Including Approval of the NOX and 
PM2.5 MVEBs for 2024 for the Atlanta Area.
X. Statutory and Executive Order Reviews

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

    EPA is proposing to take the following three separate but related 
actions, one of which involves multiple elements: (1) To determine that 
the Atlanta Area is continuing to attain the 1997 Annual 
PM2.5 NAAQS; (2) to approve Georgia's plan for maintaining 
the 1997 Annual PM2.5 NAAQS for the Atlanta Area 
(maintenance plan), including the associated MVEBs, into Georgia SIP; 
and (3) to redesignate the Atlanta Area to attainment for the 1997 
Annual PM2.5 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 is comprised of twenty whole counties and two 
partial counties in Georgia: Barrow, Bartow, Carroll, Cherokee, 
Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, 
Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding, Walton, 
and portions of Heard and Putnam Counties. Today's proposed actions are 
summarized below and described in great detail in this notice of 
proposed rulemaking.
    EPA is making the preliminary determination that the Atlanta Area 
is continuing to attain the 1997 Annual PM2.5 NAAQS based on 
recent air quality data \1\ and proposing to approve Georgia's 1997 
Annual PM2.5 NAAQS maintenance plan for the Atlanta Area 
(such approval being one of the Clean Air Act (CAA or Act) criteria for 
redesignation to attainment status). The maintenance plan is designed 
to help keep the Atlanta Area in attainment for the 1997 Annual 
PM2.5 NAAQS through 2024. As explained in Section V below, 
EPA is also proposing to determine that attainment can be maintained 
through 2025. The maintenance plan that EPA is proposing to approve 
today includes on-road MVEBs for the mobile source contribution of 
NOX and direct PM2.5 to the air quality problem 
in the Atlanta Area for transportation conformity purposes. EPA is 
proposing to approve the 2024 MVEBs for NOX and 
PM2.5 for the Atlanta Area and incorporate them in to the 
Georgia SIP.
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    \1\ As discussed in section V below, this proposed determination 
is also based on EPA's December 8, 2011, determination that the 
Atlanta Area was attaining the standard at that time. 76 FR 76620.
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    EPA also proposes to determine that the Atlanta Area has met the 
requirements for redesignation under section 107(d)(3)(E) of the CAA. 
Accordingly, in this action, EPA is proposing to approve a request to 
change the legal designation of the Barrow, Bartow, Carroll, Cherokee, 
Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, 
Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding, Walton, 
and portions of Heard and Putnam Counties in Georgia from nonattainment 
to attainment for the 1997 Annual PM2.5 NAAQS.
    EPA is also notifying the public of the status of EPA's adequacy 
process for the 2024 NOX and PM2.5 MVEBs for the 
Atlanta Area. The Adequacy comment period began on February 21, 2013, 
with EPA's posting of the availability of Georgia's submission on EPA's 
Adequacy Web site (http://www.epa.gov/otaq/stateresources/transconf/currsips.htm#atlanta0221). The Adequacy comment period for these MVEBs 
closed on March 25, 2013. No comments, adverse or otherwise, were 
received through the Adequacy process. Please see section VIII of this 
proposed rulemaking for further explanation of this process and for 
more details on the MVEBs.
    In summary, today's notice of proposed rulemaking is in response to 
Georgia's August 30, 2012, redesignation request and associated SIP 
submission that address the specific issues summarized above and the 
necessary elements for redesignation described in section 107(d)(3)(E) 
of the CAA.

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

    Fine particle pollution can be emitted directly or formed 
secondarily in the atmosphere.\2\ The main precursors of secondary 
PM2.5 are sulfur dioxide (SO2), NOX, 
ammonia, and volatile organic compounds (VOC). See 72 FR 20586, 20589 
(April 25, 2007). Sulfates are a type of secondary particle formed from 
SO2 emissions of power plants and industrial facilities. 
Nitrates, another common type of secondary particle, are formed from 
NOX emissions of power plants, automobiles, and other 
combustion sources.
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    \2\ Fine particulate matter, or PM2.5, refers to 
airborne particles less than or equal to 2.5 micrometers in 
diameter. Although treated as a single pollutant, fine particles 
come from many different sources and are composed of many different 
compounds. In the Atlanta Area, one of the largest components of 
PM2.5 is sulfate, which is formed through various 
chemical reactions from the precursor SO2. The other 
major component of PM2.5 is organic carbon, which 
originates predominantly from biogenic emission sources. Nitrate, 
which is formed from the precursor NOX, is also a 
component of PM2.5. Crustal materials from windblown dust 
and elemental carbon from combustion sources are less significant 
contributors to total PM2.5. VOCs, also precursors for 
PM, are emitted from a variety of sources, including motor vehicles, 
chemical plants, refineries, factories, consumer and commercial 
products, and other industrial sources. VOCs also are emitted by 
natural sources such as vegetation.
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    On July 18, 1997, EPA promulgated the first air quality standards 
for PM2.5. EPA promulgated an annual standard at a level of 
15 micrograms per cubic meter ([mu]g/m\3\), based on a 3-year average 
of annual mean PM2.5 concentrations. In the same rulemaking, 
EPA promulgated a 24-hour standard of 65 [mu]g/m\3\, based on a 3-year 
average of the 98th percentile of 24-hour concentrations. On October 
17, 2006, EPA retained the annual average NAAQS at 15 [mu]g/m\3\ but 
revised the 24-hour NAAQS to 35 [mu]g/m\3\, based again on the 3-year 
average of the 98th percentile of 24-hour concentrations.\3\ See 71 FR 
61144. Under EPA regulations at 40 CFR part 50, the primary and 
secondary 1997 Annual PM2.5 NAAQS are attained when the 
annual arithmetic mean concentration, as determined in accordance with 
40 CFR part 50, Appendix N, is less than or equal to 15.0 [micro]g/m\3\ 
at all relevant monitoring sites in the subject area averaged over a 3-
year period.
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    \3\ In response to legal challenges of the annual standard 
promulgated in 2006, the United States Court of Appeals for the 
District of Columbia Circuit (D.C. Circuit) remanded that NAAQS to 
EPA for further consideration. See American Farm Bureau Federation 
and National Pork Producers Council, et al. v. EPA, 559 F.3d 512 
(D.C. Cir. 2009). However, given that the 1997 and 2006 Annual NAAQS 
are essentially identical, attainment of the 1997 Annual NAAQS would 
also indicate attainment of the remanded 2006 Annual NAAQS.
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    On January 5, 2005, and supplemented on April 14, 2005, EPA 
designated the Atlanta Area as nonattainment for the 1997 
PM2.5 NAAQS. See 70 FR 944 and 70 FR 19844, respectively. On 
November 13, 2009, EPA promulgated designations for the 24-hour 
PM2.5 NAAQS established in 2006 and designated all counties 
of the Atlanta Area as unclassifiable/attainment for that standard. See 
74 FR 58688. EPA did not promulgate designations for the 2006 Annual 
PM2.5 NAAQS because that NAAQS was essentially identical to 
the 1997 Annual PM2.5 NAAQS. The November 13, 2009,

[[Page 1146]]

action also clarified that all counties of the Atlanta Area were 
designated unclassifiable/attainment for the 1997 24-hour 
PM2.5 NAAQS through the designations promulgated on January 
5, 2005. Therefore, the Area is designated nonattainment for the 1997 
Annual PM2.5 NAAQS, and today's action only addresses that 
designation.
    All 1997 PM2.5 NAAQS areas were originally designated 
under subpart 1 of title I, part D, of the CAA. Subpart 1 contains the 
general requirements for nonattainment areas for any pollutant governed 
by a NAAQS and is less prescriptive than the other subparts of title I, 
part D. On April 25, 2007, EPA promulgated its Clean Air Fine Particle 
Implementation Rule, codified at 40 CFR part 51, subpart Z, in which 
the Agency provided guidance for state and tribal plans to implement 
the 1997 PM2.5 NAAQS. See 72 FR 20664. This rule, at 40 CFR 
51.1004(c), specifies some of the regulatory results of attaining the 
NAAQS, as discussed below. The D.C. Circuit remanded the Clean Air Fine 
Particle Implementation Rule and the final rule entitled 
``Implementation of the New Source Review (NSR) Program for Particulate 
Matter Less than 2.5 Micrometers (PM2.5)'' (73 FR 28321, May 
16, 2008) (collectively, ``1997 PM2.5 Implementation 
Rules'') to EPA on January 4, 2013, in Natural Resources Defense 
Council v. EPA, 706 F.3d 428 (D.C. Cir. 2013). The Court found that EPA 
erred in implementing the 1997 PM2.5 NAAQS pursuant to the 
general implementation provisions of subpart 1 of Part D of Title I of 
the CAA rather than the particulate matter-specific provisions of 
subpart 4 of part D of title I. The effect of the Court's ruling on 
this proposed redesignation action is discussed in detail in Section VI 
of this notice.
    The 3-year ambient air quality data for 2008-2010 indicated no 
violations of the 1997 PM2.5 NAAQS for the Atlanta Area. As 
a result, on August 30, 2012, Georgia requested redesignation of the 
Atlanta Area to attainment for the 1997 Annual PM2.5 NAAQS. 
The redesignation request includes three years of ambient air quality 
data, certified as quality-assured by the State of Georgia, for the 
1997 Annual PM2.5 NAAQS for 2008-2010, indicating that the 
1997 PM2.5 NAAQS had been achieved for the Atlanta Area. 
Under the CAA, nonattainment areas may be redesignated to attainment if 
sufficient quality-assured data is available for the Administrator to 
determine that the area has attained the standard and the area meets 
the other CAA redesignation requirements in section 107(d)(3)(E). The 
Atlanta Area's design value,\4\ based on data from 2008 through 2010, 
is below 15.0 [micro]g/m\3\, which demonstrates attainment of the 
standard. While annual PM2.5 concentrations are dependent on 
a variety of conditions, the overall improvement in annual 
PM2.5 concentrations in the Atlanta Area can be attributed 
to the reduction of pollutant emissions, as discussed in more detail in 
Section V of this proposed rulemaking.
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    \4\ Design values are the metrics that are compared to the NAAQS 
levels to determine attainment. The annual design value is 
calculated as the average of three consecutive annual means. See 40 
CFR part 50, Appendix N.
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III. What are the criteria for redesignation?

    The CAA provides the requirements for redesignating a nonattainment 
area to attainment. Specifically, section 107(d)(3)(E) of the CAA 
allows for redesignation provided the following criteria are met: (1) 
The Administrator determines that the area has attained the applicable 
NAAQS; (2) the Administrator has fully approved the applicable 
implementation plan for the area under section 110(k); (3) the 
Administrator determines that the improvement in air quality is due to 
permanent and enforceable reductions in emissions resulting from 
implementation of the applicable SIP and applicable Federal air 
pollutant control regulations and other permanent and enforceable 
reductions; (4) the Administrator has fully approved a maintenance plan 
for the area as meeting the requirements of section 175A; and (5) the 
state containing such area has met all requirements applicable to the 
area under section 110 and part D of title I 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 the Agency supplemented this 
guidance on April 28, 1992 (57 FR 18070). EPA has provided further 
guidance on processing redesignation requests in the following 
documents:
    1. ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992 (hereafter referred to as the 
``Calcagni Memorandum'');
    2. ``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; and
    3. ``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.

IV. Why is EPA proposing these actions?

    On August 30, 2012, the State of Georgia, through the GA EPD, 
requested that EPA redesignate the Atlanta Area to attainment for the 
1997 Annual PM2.5 NAAQS. EPA's evaluation indicates that the 
Area has attained the 1997 PM2.5 NAAQS and meets the 
requirements for redesignation set forth in section 107(d)(3)(E), 
including the maintenance plan requirements under section 175A of the 
CAA. As a result, EPA is proposing to take the three related actions 
summarized in section I of this notice.

V. What is EPA's analysis of the request?

    As stated above, in accordance with the CAA, EPA proposes in 
today's action to: (1) Make the determination that the Atlanta Area 
continues to attain the 1997 Annual PM2.5 NAAQS; (2) approve 
the 1997 Annual PM2.5 NAAQS maintenance plan for the Atlanta 
Area, including the associated MVEBs, into the Georgia SIP as described 
below; and (3) redesignate the Atlanta Area to attainment for the 1997 
Annual PM2.5 NAAQS. The five redesignation criteria provided 
under CAA section 107(d)(3)(E) are discussed in greater detail for the 
Atlanta Area in the following paragraphs of this section.

Criteria (1)--The Atlanta Area Has Attained the 1997 Annual 
PM2.5 NAAQS

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the area has attained the applicable 
NAAQS (CAA section 107(d)(3)(E)(i)). For PM2.5, an area may 
be considered to be attaining the 1997 Annual PM2.5 NAAQS if 
it meets the standards, as determined in accordance with 40 CFR 50.13 
and Appendix N of part 50, based on three complete, consecutive 
calendar years of quality-assured air quality monitoring data. To 
attain these NAAQS, the 3-year average of the annual arithmetic mean 
concentration, as determined in accordance with 40 CFR part 50, 
Appendix N, must be less than or equal to 15.0 [micro]g/m\3\ at all 
relevant monitoring sites in the subject area over a 3-year period. The 
relevant data must be collected and quality-assured in accordance with 
40 CFR part 58 and recorded in the EPA Air Quality System (AQS) 
database. The monitors generally

[[Page 1147]]

should have remained at the same location for the duration of the 
monitoring period required for demonstrating attainment.
    On December 8, 2011, EPA determined that the Atlanta Area was 
attaining the 1997 Annual PM2.5 NAAQS and that the Area had 
attained the NAAQS by the applicable attainment date of April 5, 
2010.\5\ See 76 FR 76620. For that action, EPA reviewed 
PM2.5 monitoring data from monitoring stations in the 
Atlanta Area for the 1997 Annual PM2.5 NAAQS for 2007 
through 2010. Those data were quality-assured and recorded in AQS. For 
today's proposed action, EPA has reviewed all PM2.5 
monitoring data after 2010 from the seven PM2.5 monitoring 
stations, and that data indicates that the Atlanta Area continues to 
attain the 1997 Annual PM2.5 NAAQS.
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    \5\ The design value for an area is the highest 3-year average 
of annual mean concentrations recorded at any monitor in the area. 
Therefore, the 3-year design value for the period on which Georgia 
based its redesignation request (2008-2010) for the Atlanta Area is 
12.9 [mu]g/m\3\, which is below the 1997 Annual PM2.5 
NAAQS. Additional details can be found in EPA's final clean data 
determination for the Atlanta Area. See 76 FR 76620 (December 8, 
2011).
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    As shown in Table 1 below, the monitors in the Atlanta Area that 
have collected complete data since 2010 all have three-year average 
PM2.5 concentrations (i.e., design values) that are in 
attainment with the 1997 Annual PM2.5 NAAQS and are trending 
downward overall. The most recent available design value is for 2014 
and is based on the 3-year period 2012-2014. The Fire Station No. 8 
monitor had incomplete data during the 3rd quarter of 2012 and is not 
eligible for the high value data substitution test in 40 CFR part 50, 
Appendix N. However, based upon the analysis described in the 
monitoring Technical Support Document (TSD) located in the docket for 
today's action, EPA has preliminarily determined that the upper end of 
the probable range for the 2014 design value at the Fire Station No. 8 
monitor (11.1 [micro]g/m\3\) is well below the NAAQS. On the basis of 
this review, EPA has preliminarily concluded that the Atlanta Area 
continues to meet the 1997 Annual PM2.5 NAAQS of 15.0 
[micro]g/m\3\ for the period 2012-2014, the most recent 3-year period 
of certified data availability.

            Table 1--Design Value Concentrations for the Atlanta Area for the 1997 Annual PM2.5 NAAQS
                                                  [[mu]g/m\3\]
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                                                                       3-Year design values
            Location                 Site ID    ----------------------------------------------------------------
                                                  2008-2010    2009-2011    2010-2012    2011-2013    2012-2014
----------------------------------------------------------------------------------------------------------------
Georgia DOT....................     13-063-0091         12.9         12.6         12.3         11.1         10.3
GA National Guard..............     13-067-0003         12.3       * 11.7       * 11.3       * 10.4         10.0
Powder Springs ...............     13-067-0004       * 11.9       * 11.3         11.1           NA           NA
South DeKalb...................     13-089-0002         12.1         11.9         11.5         10.5          9.9
Police Dept. .................     13-089-2001         12.3       * 11.8       * 11.3           NA           NA
E. Rivers School .............     13-121-0032         12.3       * 11.8       * 11.3           NA           NA
Fire Station No. 8.............     13-121-0039       * 11.4         13.2         13.0       * 11.6       * 11.0
Gwinnett Tech..................     13-135-0002         12.1       * 11.6       * 11.2       * 10.1          9.5
Gainesville....................     13-139-0003         11.2         10.7         10.4          9.5          8.9
Yorkville......................     13-223-0003         11.0       * 10.6       * 10.3        * 9.3          8.7
----------------------------------------------------------------------------------------------------------------
* Data is incomplete.
 Monitor shut down at the end of 2012 in accordance the State's federally approved monitoring network plan.

    The most recent data indicate the Atlanta Area continues to attain 
the 1997 Annual PM2.5 NAAQS beyond the submitted 3-year 
attainment period of 2008-2010. If the Area does not continue to attain 
before EPA finalizes the redesignation, EPA will not go forward with 
the redesignation. As discussed in more detail below, GA EPD has 
committed to continue monitoring in this Area in accordance with 40 CFR 
part 58.

Criteria (5)--Georgia Has Met All Applicable Requirements Under Section 
110 and Part D of the CAA; and Criteria (2)--Georgia Has a Fully 
Approved SIP Under Section 110(k) for the Atlanta Area

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the state has met all applicable 
requirements under section 110 and part D of title I of the CAA (CAA 
section 107(d)(3)(E)(v)) and that the state has a fully approved SIP 
under section 110(k) for the area (CAA section 107(d)(3)(E)(ii)). EPA 
proposes to find that Georgia has met all applicable SIP requirements 
for the Atlanta Area under section 110 of the CAA (general SIP 
requirements) and that the Georgia SIP satisfies the criterion that it 
meets applicable SIP requirements for purposes of redesignation under 
part D of title I of the CAA (requirements specific to 1997 Annual 
PM2.5 nonattainment areas) in accordance with section 
107(d)(3)(E)(v). Further, EPA 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 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 applicable 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. Section 110(a)(2) of title I of the CAA 
delineates the general requirements for a SIP, which include 
enforceable emissions limitations and other control measures, means, or 
techniques; provisions for the establishment and operation of 
appropriate devices necessary to collect data on ambient air quality; 
and programs to enforce the limitations. General SIP elements and 
requirements are delineated in section 110(a)(2) of title I, part A of 
the CAA. These requirements include, but are not limited to, the 
following: Submittal of a SIP that has been adopted by the state after 
reasonable public notice and hearing; provisions for establishment and 
operation of appropriate procedures needed to monitor ambient air 
quality; implementation of a source permit program; provisions for the

[[Page 1148]]

implementation of part C requirements (Prevention of Significant 
Deterioration (PSD)) and provisions for the implementation of part D 
requirements (NSR permit programs); provisions for air pollution 
modeling; and provisions for public and local agency participation in 
planning and emission control rule development.
    Section 110(a)(2)(D) requires that SIPs contain certain measures to 
prevent sources in a state from significantly contributing to air 
quality problems in another state. To implement this provision, EPA has 
required certain states to establish programs to address the interstate 
transport of air pollutants. The section 110(a)(2)(D) requirements for 
a state are not linked with a particular nonattainment area's 
designation and classification in that state. EPA believes that the 
requirements linked with a particular nonattainment area's designation 
and 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 requirements for purposes of redesignation.
    In addition, EPA believes other section 110 elements that are 
neither connected with nonattainment plan submissions nor linked with 
an area's attainment status are not applicable requirements for 
purposes of redesignation. The area will still be subject to these 
requirements after the area is redesignated. The section 110 and part D 
requirements which are linked with a particular area's designation and 
classification are the relevant measures to evaluate in reviewing a 
redesignation request. This approach is consistent with EPA's existing 
policy on applicability (i.e., for redesignations) of conformity and 
oxygenated fuels requirements, as well as with section 184 ozone 
transport requirements. See Reading, Pennsylvania, proposed and final 
rulemakings (61 FR 53174-53176, October 10, 1996), (62 FR 24826, May 7, 
1997); Cleveland-Akron-Loraine, Ohio, final rulemaking (61 FR 20458, 
May 7, 1996); and Tampa, Florida, final rulemaking at (60 FR 62748, 
December 7, 1995). See also the discussion on this issue in the 
Cincinnati, Ohio, redesignation (65 FR 37890, June 19, 2000) and in the 
Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October 19, 
2001).
    In any event, on October 25, 2012, EPA approved all infrastructure 
SIP elements required under section 110(a)(2) for the 1997 Annual 
PM2.5 NAAQS with the exception of the visibility element 
under section 110(a)(2)(D)(i)(II) (also known as ``prong 4''). See 77 
FR 65125. EPA approved prong 4 for the 1997 Annual PM2.5 
NAAQS on May 7, 2014. See 79 FR 26143. These requirements are statewide 
requirements that are not linked to the PM2.5 nonattainment 
status of the Atlanta Area, and thus, as stated above, EPA does not 
believe these section 110 elements to be applicable for purposes of 
this redesignation. Therefore, EPA believes it has approved all SIP 
elements under section 110 that must be approved as a prerequisite for 
the redesignation to attainment of the Atlanta Area.
    Title I, Part D, subpart 1 applicable SIP requirements. EPA 
proposes to determine that the Georgia SIP meets the applicable SIP 
requirements for the Atlanta Area for purposes of redesignation under 
part D of the CAA. Subpart 1 of part D, found in sections 172-176 of 
the CAA, sets forth the basic nonattainment requirements applicable to 
all nonattainment areas. All areas that were designated nonattainment 
for the 1997 Annual PM2.5 NAAQS were designated under 
subpart 1 of the CAA. For purposes of evaluating this redesignation 
request, the applicable part D, subpart 1 SIP requirements for all 
nonattainment areas are contained in sections 172(c)(1)-(9) and in 
section 176. A thorough discussion of the requirements contained in 
sections 172 and 176 can be found in the General Preamble for 
Implementation of title I. See 57 FR 13498 (April 16, 1992). Section VI 
of this proposed rulemaking notice discusses the relationship between 
this proposed redesignation action and subpart 4 of Part D.
    Subpart 1 Section 172 Requirements. Section 172(c)(1) requires the 
plans for all nonattainment areas to provide for the implementation of 
all reasonably available control measures (RACM) as expeditiously as 
practicable and to provide for attainment of the NAAQS. EPA interprets 
this requirement to impose a duty on all nonattainment areas to 
consider all available control measures and to adopt and implement such 
measures as are reasonably available for implementation in each area as 
components of the area's attainment demonstration. Under section 172, 
states with nonattainment areas must submit plans providing for timely 
attainment and meeting a variety of other requirements. However, 
pursuant to 40 CFR 51.1004(c), EPA's final determination that the 
Atlanta Area is attaining the PM2.5 standard suspended 
Georgia's obligation to submit most of the attainment planning 
requirements that would otherwise apply.
    EPA's longstanding interpretation of the nonattainment planning 
requirements of section 172 is that once an area is attaining the 
NAAQS, those requirements are not ``applicable'' for purposes of CAA 
section 107(d)(3)(E)(ii) and therefore need not be approved into the 
SIP before EPA can redesignate the area. In the 1992 General Preamble 
for Implementation of Title I, EPA set forth its interpretation of 
applicable requirements for purposes of evaluating redesignation 
requests when an area is attaining a standard. See 57 FR 13498, 13564 
(April 16, 1992). EPA noted that the requirements for reasonable 
further progress (RFP) and other measures designed to provide for 
attainment do not apply in evaluating redesignation requests because 
those nonattainment planning requirements ``have no meaning'' for an 
area that has already attained the standard. Id. This interpretation 
was also set forth in the Calcagni Memorandum. EPA's understanding of 
section 172 also forms the basis of its Clean Data Policy, which was 
articulated with regard to PM2.5 in 40 CFR 51.1004(c), and 
suspends a state's obligation to submit most of the attainment planning 
requirements that would otherwise apply, including an attainment 
demonstration and planning SIPs to provide for RFP, RACM, and 
contingency measures under section 172(c)(9).\6\ Courts have upheld 
EPA's interpretation of section 172(c)(1)'s ``reasonably available'' 
control measures and control technology as meaning only those controls 
that advance attainment, which precludes the need to require additional 
measures where an area is already attaining. NRDC v. EPA, 571 F.3d 
1245, 1252 (D.C. Cir. 2009); Sierra Club v. EPA, 294 F.3d 155, 162 
(D.C. Cir. 2002); Sierra Club v. EPA, 314 F.3d 735, 744 (5th Cir. 
2002).
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    \6\ This regulation was promulgated as part of the 1997 
PM2.5 NAAQS implementation rule that was subsequently 
challenged and remanded in NRDC v. EPA, 706 F.3d 428 (D.C. Cir. 
2013), as discussed in Section VI of this notice. However, the Clean 
Data Policy portion of the implementation rule was not at issue in 
that case.
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    Therefore, because attainment has been reached in the Atlanta Area, 
no additional measures are needed to provide for attainment, and 
section 172(c)(1) requirements for an attainment demonstration and RACM 
are no longer considered to be applicable for purposes of redesignation 
as long as the Area continues to attain the standard until

[[Page 1149]]

redesignation. The section 172(c)(2) requirement that nonattainment 
plans contain provisions promoting reasonable further progress toward 
attainment is also not relevant for purposes of redesignation because 
EPA has determined that the Atlanta Area has monitored attainment of 
the 1997 Annual PM2.5 NAAQS. In addition, because the 
Atlanta Area has attained the 1997 Annual PM2.5 NAAQS and is 
no longer subject to a RFP requirement, the requirement to submit the 
section 172(c)(9) contingency measures is not applicable for purposes 
of redesignation. Section 172(c)(6) requires the SIP to contain control 
measures necessary to provide for attainment of the NAAQS. Because 
attainment has been reached, no additional measures are needed to 
provide for attainment.
    Section 172(c)(3) requires submission for approval a comprehensive, 
accurate, and current inventory of actual emissions. On March 1, 2012, 
EPA approved Georgia's 2002 base-year emissions inventory for the 
Atlanta Area. See 77 FR 12487.
    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified stationary sources to be 
allowed in an area, and section 172(c)(5) requires source permits for 
the construction and operation of new and modified major stationary 
sources anywhere in the nonattainment area. EPA has determined that, 
since PSD requirements will apply after redesignation, 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. A more detailed rationale 
for this view is described in a memorandum from Mary Nichols, Assistant 
Administrator for Air and Radiation, dated October 14, 1994, entitled 
``Part D New Source Review Requirements for Areas Requesting 
Redesignation to Attainment.'' Georgia has demonstrated that the 
Atlanta Area will be able to maintain the NAAQS without part D NSR in 
effect, and therefore Georgia need not have fully approved part D NSR 
programs prior to approval of the redesignation request. Georgia's PSD 
program will become effective in the Atlanta Area upon redesignation to 
attainment.
    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, EPA believes the 
Georgia SIP meets the requirements of section 110(a)(2) applicable for 
purposes of redesignation.
    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 believes that it is reasonable to interpret the conformity SIP 
requirements \7\ as not applying for purposes of evaluating the 
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 (upholding this interpretation) (6th Cir. 2001); See 60 FR 
62748 (December 7, 1995). Nonetheless, Georgia has an approved 
conformity SIP for the Atlanta Area. See 77 FR 35866 (June 15, 2012).
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    \7\ 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 motor vehicle emission budgets that are 
established in control strategy SIPs and maintenance plans.
---------------------------------------------------------------------------

    Thus, for the reasons discussed above, the Atlanta Area has 
satisfied all applicable requirements for purposes of redesignation 
under section 110 and part D 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 for the 1997 Annual PM2.5 NAAQS under section 110(k) of 
the CAA for all requirements applicable for purposes of redesignation. 
EPA may rely on prior SIP approvals in approving a redesignation 
request (see Calcagni Memorandum at p. 3; Southwestern Pennsylvania 
Growth Alliance v. Browner, 144 F.3d 984 (6th Cir. 1998); Wall, 265 
F.3d 426) plus any additional measures it may approve in conjunction 
with a redesignation action. See 68 FR 25426 (May 12, 2003) and 
citations therein. Following passage of the CAA of 1970, Georgia has 
adopted and submitted, and EPA has fully approved at various times, 
provisions addressing the various SIP elements applicable for the 1997 
Annual PM2.5 NAAQS in the Atlanta Area (e.g., 77 FR 65125 
(October 25, 2012)).
    As indicated above, EPA believes that the section 110 elements that 
are neither connected with nonattainment plan submissions nor linked to 
the area's nonattainment status are not applicable requirements for 
purposes of redesignation. EPA has approved all part D requirements 
applicable for purposes of this redesignation.

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

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the air quality improvement in the area 
is due to permanent and enforceable reductions in emissions resulting 
from implementation of the SIP and applicable Federal air pollution 
control regulations and other permanent and enforceable reductions (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 implementation of the SIP and Federal 
measures.
    Federal measures enacted in recent years have resulted in permanent 
emission reductions in particulate matter and its precursors. Most of 
these emission reductions are enforceable through regulations. A few 
non-regulatory measures also result in emission reductions. The Federal 
measures that have been implemented include:
    Tier 2 vehicle standards and low-sulfur gasoline. Implementation of 
the Tier 2 vehicle standards began in 2004, and as newer, cleaner cars 
enter the national fleet, these standards continue to significantly 
reduce NOX emissions. The standards require all classes of 
passenger vehicles in any manufacturer's fleet to meet an average 
standard of 0.07 grams of NOX per mile. In addition, 
starting in January of 2006, the Tier 2 rule reduced the allowable 
sulfur content of gasoline to 30 parts per million (ppm). Most gasoline 
sold prior to this had a sulfur content of approximately 300 ppm. EPA 
expects

[[Page 1150]]

that these standards will reduce NOX emissions from vehicles 
by approximately 74 percent by 2030, translating to nearly 3 million 
tons annually by 2030.
    Heavy-duty gasoline and diesel highway vehicle standards & ultra 
low-sulfur diesel rule. On October 6, 2000, EPA promulgated a rule to 
reduce NOX and VOC emissions from heavy-duty gasoline and 
diesel highway vehicles that began to take effect in 2004. See 65 FR 
59896. On January 18, 2001, EPA promulgated a second phase of standards 
and testing procedures which began in 2007 to reduce particulate matter 
emissions from heavy-duty highway engines and reduced the maximum 
highway diesel fuel sulfur content from 500 ppm to 15 ppm. See 66 FR 
5002. The total program should achieve a 90 percent reduction in PM 
emissions and a 95 percent reduction in NOX emissions for 
new engines using low-sulfur diesel, compared to existing engines using 
higher-content sulfur diesel. EPA expects that this rule will reduce 
NOX emissions by 2.6 million tons by 2030 when the heavy-
duty vehicle fleet is completely replaced with newer heavy-duty 
vehicles that comply with these emission standards.
    Non-road, large spark-ignition engines and recreational engines 
standards. The non-road spark-ignition and recreational engine 
standards, effective in July 2003, regulate NOX, 
hydrocarbons, and carbon monoxide from groups of previously unregulated 
non-road engines. These engine standards apply to large spark-ignition 
engines (e.g., forklifts and airport ground service equipment), 
recreational vehicles (e.g., off-highway motorcycles and all-terrain-
vehicles), and recreational marine diesel engines sold in the United 
States and imported after the effective date of these standards. When 
all of the non-road spark-ignition and recreational engine standards 
are fully implemented, an overall 72 percent reduction in hydrocarbons, 
80 percent reduction in NOX, and 56 percent reduction in 
carbon monoxide emissions are expected by 2020. These controls help 
reduce ambient concentrations of PM2.5.
    Large non-road diesel engine standards. This rule, which applies to 
diesel engines used in industries such as construction, agriculture, 
and mining, was promulgated in 2004 and fully phased in by 2014. This 
rule reduced allowable non-road diesel fuel sulfur levels from 
approximately 3,000 ppm to 500 ppm in 2007 and further reduced those 
levels to 15 ppm starting in 2010 (a 99 percent reduction). This rule 
also achieved significant reductions of up to 90 percent for 
NOX and particulate matter emissions nationwide.
    NOX SIP Call. On October 27, 1998 (63 FR 57356), EPA issued the 
NOX SIP Call requiring the District of Columbia and 22 
states to reduce emissions of NOX, a precursor to ozone and 
PM2.5 pollution, and providing a mechanism (the 
NOX Budget Trading Program) that states could use to achieve 
those reductions. Affected states were required to comply with Phase I 
of the SIP Call beginning in 2004 and Phase II beginning in 2007. By 
the end of 2008, ozone season NOX emissions from sources 
subject to the NOX SIP Call dropped by 62 percent from 2000 
emissions levels. All NOX SIP Call states have SIPs that 
currently satisfy their obligations under the NOX SIP Call, 
and EPA will continue to enforce the requirements of the NOX 
SIP Call.
    CAIR and CSAPR. In its redesignation request and maintenance plan, 
the State identified the Clean Air Interstate Rule (CAIR) as a 
permanent and enforceable measure that contributed to attainment in the 
Atlanta Area. Moreover, by 2007, the beginning of the attainment time 
period identified by Georgia, CAIR had been promulgated and was 
achieving emission reductions. CAIR created regional cap-and-trade 
programs to reduce SO2 and NOX emissions in 27 
eastern states, including Georgia, that contributed to downwind 
nonattainment or interfered with maintenance of the 1997 8-hour ozone 
NAAQS and the 1997 PM2.5 NAAQS. See 70 FR 25162 (May 12, 
2005).
    In 2007 the State promulgated Georgia Rules 391-3-1-.02(2)(sss)--
``Multipollutant Rule'' (Rule (sss)) and 391-3-1-.02(2)(uuu)--
``SO2 Emissions from Electric Steam Utility Steam Generating 
Units'' (Rule (uuu)) in response to CAIR. Rule (sss) requires the 
installation and operation of flue gas desulfurization (FGD) to control 
SO2 emissions and selective catalytic reduction (SCR) to 
control NOX emissions on the majority of the coal-fired 
electric generating units (EGUs) in Georgia, and Rule (uuu) requires a 
95 percent reduction in SO2 emissions from those EGUs. Thus, 
Rules (sss) and (uuu) act as companion rules for the reduction of 
SO2 emissions, with Rule (sss) requiring control equipment 
installation and Rule (uuu) imposing SO2 emission 
limitations. Georgia designed Rules (sss) and (uuu) to require 
emissions reductions consistent with achieving the reductions mandated 
by CAIR's original compliance schedule beginning in 2009. The 
implementation dates for Rules (sss) and (uuu) are phased-in across the 
covered EGUs, starting on December 31, 2008, for Rule (sss) and January 
1, 2010, for Rule (uuu).\8\ By installing and operating FGD and SCR 
controls in accordance with Rule (sss), Georgia EGUs also met the 
requirements of CAIR.
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    \8\ Rule (sss) established the following 2008-2010 deadlines for 
FGD operation: December 31, 2008, at Plant Bowen Units 3 and 4, 
Plant Hammond Units 1 through 4, Plant Wansley Unit 1, and Plant 
Yates Unit 1; June 1, 2009, at Plant Bowen Unit 2; December 31, 
2009, at Plant Wansley Unit 2; and June 1, 2010, at Plant Bowen Unit 
1. The Rule established the following 2008-2010 deadlines for SCR 
operation: December 31, 2008, at Plant Bowen Units 3 and 4, Plant 
Hammond Unit 4, and Plant Wansley Unit 1; June 1, 2009, at Plant 
Bowen Unit 2; December 31, 2009, at Plant Wansley Unit 2; and June 
1, 2010, at Plant Bowen Unit 1. Plants Bowen and Wansley are located 
in the Atlanta Area, and Plant Hammond is located in Floyd County, 
Georgia, which is adjacent to the northwestern portion of the 
Atlanta Area.
---------------------------------------------------------------------------

    In 2008 the United States Court of Appeals for the District of 
Columbia Circuit (D.C. Circuit) initially vacated CAIR, North Carolina 
v. EPA, 531 F.3d 896 (D.C. Cir. 2008), but ultimately remanded the rule 
to EPA without vacatur to preserve the environmental benefits provided 
by CAIR, North Carolina v. EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008). 
On August 8, 2011 (76 FR 48208), acting on the D.C. Circuit's remand, 
EPA promulgated the Cross-State Air Pollution Rule (CSAPR) to replace 
CAIR and thus to address the interstate transport of emissions 
contributing to nonattainment and interfering with maintenance of the 
two air quality standards covered by CAIR as well as the 2006 
PM2.5 NAAQS. CSAPR requires substantial reductions of 
SO2 and NOX emissions from EGUs in 28 states in 
the Eastern United States. As a general matter, because CSAPR is CAIR's 
replacement, emissions reductions associated with CAIR will for most 
areas be made permanent and enforceable through implementation of 
CSAPR.
    Numerous parties filed petitions for review of CSAPR in the D.C. 
Circuit, and on August 21, 2012, the court issued its ruling, vacating 
and remanding CSAPR to EPA and ordering continued implementation of 
CAIR. EME Homer City Generation, L.P. v. EPA, 696 F.3d 7, 38 (D.C. Cir. 
2012). The D.C. Circuit's vacatur of CSAPR was reversed by the United 
States Supreme Court on April 29, 2014, and the case was remanded to 
the D.C. Circuit to resolve remaining issues in accordance with the 
high court's ruling. EPA v. EME Homer City Generation, L.P., 134 S. Ct. 
1584 (2014). On remand, the D.C. Circuit affirmed CSAPR in most 
respects, but invalidated without vacating some of the CSAPR budgets as 
to a number of states. EME Homer City Generation, L.P. v. EPA, 795 F.3d 
118

[[Page 1151]]

(D.C. Cir. 2015) (EME Homer City II). The remanded budgets include the 
Phase 2 SO2 emissions budgets for Georgia. The Phase 2 
annual and ozone season NOX budgets for Georgia are not 
affected by the Court's decision. The litigation over CSAPR ultimately 
delayed implementation of that rule for three years, from January 1, 
2012, when CSAPR's cap-and-trade programs were originally scheduled to 
replace the CAIR cap-and-trade programs, to January 1, 2015. Thus, the 
rule's Phase 2 budgets were originally promulgated to begin on January 
1, 2014, and are now scheduled to begin on January 1, 2017. CSAPR will 
continue to operate under the existing emissions budgets until EPA 
addresses the D.C. Circuit's remand.
    Although the State identified CAIR as a permanent and enforceable 
measure that contributed to attainment of the 1997 PM2.5 
NAAQS in the Atlanta Area, EPA is proposing to approve the 
redesignation of the Atlanta Area without relying the SO2 
emissions reductions associated with CAIR at Georgia EGUs as having led 
to attainment of the 1997 PM2.5 NAAQS or contributing to 
maintenance of that standard.\9\ In so doing, we are proposing to 
determine that the D.C. Circuit's invalidation of the Georgia CSAPR 
Phase 2 SO2 emissions budgets does not bar today's proposed 
redesignation. The Court's decision did not affect Georgia's CSAPR 
Phase 2 annual NOX emissions budgets; therefore, CSAPR 
ensures that the NOX emissions reductions associated with 
CAIR at Georgia EGUs are permanent and enforceable.\10\
---------------------------------------------------------------------------

    \9\ The improvement in PM2.5 air quality in the Area 
from nonattainment to attainment is not due to CSAPR emissions 
reductions because, as noted above, CSAPR did not go into effect 
until January 1, 2015, after the Area was already attaining the 
standard.
    \10\ CAIR and CSAPR established annual NOX and 
SO2 budgets to address nonattainment and interference 
with maintenance of the PM2.5 standard because, as 
discussed above in Section II, NOX and SO2 are 
two primary PM2.5 precursors.
---------------------------------------------------------------------------

    In its redesignation request, Georgia noted that a number of states 
significantly contributed to PM2.5 concentrations in the 
Atlanta Area based on EPA air quality modeling. EPA identified the 
Atlanta Area as an area that was significantly impacted by pollution 
transported from other states in both CAIR and CSAPR, and these rules 
greatly reduced the tons of SO2 emissions generated in the 
states upwind of the Atlanta Area. The air quality modeling performed 
for the CAIR rulemaking identified the following seven states as having 
significantly contributed to PM2.5 concentrations in the 
Atlanta Area: Alabama, Florida, Indiana, Kentucky, Ohio, South 
Carolina, and Tennessee. See 70 FR 25162, 25247-49 (May 12, 2005). The 
total annual SO2 emissions generated by EGUs in these seven 
states in 2004, prior to the promulgation of CAIR in 2005, was 
approximately 3,814,790 tons. Even though the first phase of CAIR 
implementation for SO2 did not begin until 2010, many 
sources began reducing their emissions well in advance of the first 
compliance deadline because of the incentives offered by CAIR for early 
compliance with the rule. Therefore, by 2008, the total annual 
SO2 emissions generated by EGUs in the seven states 
significantly contributing to nonattainment in the Atlanta Area was 
approximately 2,636,952 tons, and by 2010, that volume had decreased to 
approximately 1,814,572 tons.\11\ The vast majority of the 
SO2 emission reductions in the states upwind of the Atlanta 
Area achieved by CAIR, and made permanent by CSAPR, are unaffected by 
the D.C. Circuit's remand of CSAPR.\12\
---------------------------------------------------------------------------

    \11\ This data was collected through the Acid Rain Program and 
is available on EPA's CAMD Web site at http://www2.epa.gov/airmarkets.
    \12\ Only two of the seven state Phase 2 SO2 budgets 
were remanded by the D.C. Circuit in EME Homer City II, and the 
emissions from these two states represented only 19.5 percent 
(515,165 tons) of the total SO2 EGU emissions from the 
seven significantly contributing states in 2008, 19.3 percent 
(375,913 tons) in 2009, and 16.5 percent (298,803 tons) in 2010. The 
CSAPR Phase 2 SO2 budgets for the remaining five states, 
and the emissions reductions those budgets require, are unaffected 
by the Court's remand and are permanent and enforceable. Moreover, 
updated air quality modeling performed for the CSAPR rulemaking 
identified additional states that interfered with Atlanta's 
attainment of the 1997 PM2.5 NAAQS, and SO2 
emission reductions from those additional states are unaffected by 
the D.C. Circuit's remand. 76 FR 48207, 48241 (August 8, 2011).
---------------------------------------------------------------------------

    Regarding the impact of SO2 emission reductions from 
Georgia EGUs associated with CAIR, EPA is proposing to determine that 
the Atlanta Area would have attained the 1997 PM2.5 NAAQS 
even without those in-state EGU reductions. The Agency has reviewed an 
analysis submitted by the State on January 10, 2015, and revised on 
November 3, 2015, evaluating the sensitivity of PM2.5 
concentrations in the Area to SO2 reductions associated with 
Rule (sss).\13\ The analysis was based on photochemical modeling 
conducted by the Visibility Improvement State and Tribal Association of 
the Southeast (VISTAS). The State used this modeling to determine the 
sensitivity of PM2.5 concentrations at the ten air quality 
monitors in the Atlanta Area to reductions in SO2 emissions 
from certain Georgia EGUs. The State then estimated, for each monitor, 
the air quality impact of the SO2 emission reductions from 
Georgia Rule (sss),\14\ and thus from CAIR, that occurred during the 
relevant time period. Georgia estimated that the SO2 
controls in place due to Rule (sss) by the end of 2009 reduced the 
2008-2010 Annual PM2.5 design value by approximately 0.6 
[micro]g/m\3\. Adding this impact to the highest 2008-2010 design value 
for the Atlanta Area, 13.6 [micro]g/m\3\ for the Fire Station No. 8 
site (with data substitution),\15\ yields a maximum PM2.5 
concentration of 14.2 [micro]g/m\3\, meeting the 1997 Annual 
PM2.5 standard of 15 [micro]g/m\3\. The State therefore 
concluded that the Area would have attained the standard in the 2008-
2010 timeframe even without the SO2 emission reductions, in 
place by the end of 2009, from Georgia Rule (sss).
---------------------------------------------------------------------------

    \13\ GA EPD, Sensitivity of Annual PM2.5 in Atlanta 
to SO2 Emission Reductions Resulting from Georgia's 
Multipollutant Rule [391-3-1-.02(2)(sss)] (attachment to a November 
3, 2015, email from James Boylan, GA EPD, to Joel Huey, EPA Region 
4, included in the docket for this action).
    \14\ By the end of 2009, Rule (sss) required FGD operation at 
Plant Bowen Units 2 through 4, Plant Hammond Units 1 through 4, 
Plant Wansley Units 1 and 2, and Plant Yates Unit 1.
    \15\ EPA's Clean Data Determination for the Atlanta Area 
describes this data substitution. See 76 FR 76620 (December 8, 
2011).
---------------------------------------------------------------------------

    EPA proposes to agree with this analysis and believes that adding 
the 0.6 [micro]g/m\3\ value to the 2008-2010 design value is a 
reasonable estimate of the actual impact of the SO2 
emissions reductions due to Rule (sss) and CAIR at Georgia EGUs. For 
more information about Georgia's sensitivity analysis and EPA's review 
of that analysis, see the Rule (sss) impact TSD included in the docket 
for this action.\16\
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    \16\ EPA Region 4, Technical Support Document for Georgia Rule 
(sss) Impact Analysis (November 2015).
---------------------------------------------------------------------------

    State Measures. The State identified Rules (sss) and (uuu) and the 
State's April 16, 2008 smoke management plan as state control measures 
that contributed to attainment of the 1997 PM2.5 NAAQS in 
the Atlanta Area. Although Georgia describes these state measures in 
the section of its submittal devoted to ``permanent and enforceable'' 
reductions under CAA section 107(d)(3)(E)(iii), ``enforceable'' means 
federally enforceable. Therefore, state measures that are not approved 
by EPA into a state's SIP are not ``enforceable'' for purposes of the 
CAA. However, EPA does not believe that the state measures' lack of 
enforceability poses a bar to proposed approval of the redesignation of 
the Atlanta Area.
    First, as discussed above, EPA proposes to agree with the State's 
sensitivity analysis demonstrating that the Area would have attained 
the 1997

[[Page 1152]]

PM2.5 NAAQS even without the SO2 emission 
reductions associated with the installation of SO2 controls 
on Georgia EGUs subject to Rule (sss) and CAIR. To the extent that the 
controls required by Rule (sss) also achieved annual NOX 
reductions, CSAPR makes those reductions permanent and federally 
enforceable with its federal implementation plan (FIP) regarding 
Georgia's annual NOX emissions budget, which was not 
affected by the D.C. Circuit's recent remand of other state 
budgets.\17\ Second, to the extent that Rule (uuu) resulted in any 
reductions before its January 1, 2010, compliance date, Georgia's 
sensitivity analysis assumed that the FGD controls required by Rule 
(sss) achieve the 95 percent reduction in SO2 emissions 
required by Rule (uuu). Because Georgia's sensitivity analysis 
demonstrates that Rule (sss) was not necessary for attainment of the 
NAAQS in the Atlanta Area using emissions reductions associated with a 
95 percent reduction in SO2, the same reduction required by 
Rule (uuu), the analysis also demonstrates that Rule (uuu) was not 
necessary for attainment prior to January 1, 2010. Finally, with regard 
to the State's smoke management plan, that measure is focused on 
protection of Georgia's forest land. While the SMP may result in some 
direct PM emission reductions, such reductions are likely to be modest 
because the SMP is not an emission reduction measure. The SMP was 
developed as tool to minimize the public health and environmental 
impacts of smoke intrusion into populated areas through better 
management of fires that are important to forests and agricultural 
resources. In addition, the State deemed it important to have an SMP in 
place for the purpose of flagging unusually large forest fires as 
exceptional events (which could impact an area's ability to show 
maintenance through attaining design values). The rule therefore has 
more impact on rural areas than an urban environment such as Atlanta, 
where direct PM2.5 emissions from fires make up less than 
one percent of the total direct PM2.5 emissions from fires 
across the State.\18\ For these reasons, EPA has not relied on these 
state-only rules as a basis for proposing approval of the redesignation 
request and associated maintenance plan.
---------------------------------------------------------------------------

    \17\ 76 FR 48208, August 8, 2011.
    \18\ See 2011 emissions inventory information available at 
http://www3.epa.gov/ttn/chief/eiinformation.html. Georgia also 
stated that the measure is not necessary for the continued 
maintenance of attainment in the Atlanta Area.
---------------------------------------------------------------------------

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

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the area has a fully approved 
maintenance plan pursuant to section 175A of the CAA (CAA section 
107(d)(3)(E)(iv)). In conjunction with its request to redesignate the 
Atlanta Area to attainment for the 1997 Annual PM2.5 NAAQS, 
GA EPD submitted a SIP revision to provide for the maintenance of the 
1997 Annual PM2.5 NAAQS for at least 10 years after the 
effective date of redesignation to attainment. EPA believes that this 
maintenance plan meets the requirements for approval under section 175A 
of the CAA for the reasons discussed below.
a. What is required in a maintenance plan?
    Section 175A of the CAA sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
Under section 175A, the plan must demonstrate continued attainment of 
the applicable NAAQS for at least 10 years after the Administrator 
approves a redesignation to attainment. Eight years after the 
redesignation, GA EPD must submit a revised maintenance plan which 
demonstrates that attainment will continue to be maintained for the 10 
years following the initial 10-year period. To address the possibility 
of future NAAQS violations, the maintenance plan must contain such 
contingency measures, as EPA deems necessary, to assure prompt 
correction of any future 1997 Annual PM2.5 violations. The 
Calcagni Memorandum provides further guidance on the content of a 
maintenance plan, explaining that a maintenance plan should address 
five requirements: The attainment emissions inventory, maintenance 
demonstration, monitoring, verification of continued attainment, and a 
contingency plan. As is discussed below, EPA proposes to find that GA 
EPD'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 noted earlier, EPA has previously determined that the Atlanta 
Area attained the 1997 Annual PM2.5 NAAQS based on 
monitoring data for the 3-year period from 2008-2010. Today, EPA is 
proposing to determine that the Atlanta Area has continued to attain 
the 1997 Annual PM2.5 NAAQS up to the most recent 3-year 
period quality-assured monitoring data, 2012-2014. In its maintenance 
plan, the State selected 2008 as the attainment emission inventory 
year. The attainment inventory identifies a level of emissions in the 
Area that is sufficient to attain the 1997 Annual PM2.5 
NAAQS. GA EPD began development of the attainment inventory by first 
generating a baseline emissions inventory for the Atlanta Area. As 
noted above, the year 2008 was chosen as the base year for developing a 
comprehensive emissions inventory for direct PM2.5 and 
PM2.5 precursors SO2 and NOX. To 
support maintenance through 2024, Georgia prepared emissions 
projections for the years 2014, 2017, 2020, and 2024.
    The emissions inventories are composed of four major types of 
sources: Point, area, on-road mobile, and non-road mobile. With the 
exception of on-road emissions, Georgia obtained the 2008 base-year 
emissions inventory from the National Emissions Inventory 2008 Version 
1.5 (http://www3.epa.gov/ttnchie1/net/2008inventory.html). Georgia used 
EPA's MOVES2010a mobile source emissions model to generate 2008 on-road 
mobile source emissions. The 2008 actual SO2, 
NOX, and PM2.5 emissions for the Atlanta Area, as 
well as the emissions projections through 2024, were developed 
consistent with EPA guidance and are summarized in Tables 3.1 and 4 
through 7.1 of the following subsection discussing the maintenance 
demonstration.
    Section 175A requires a state seeking redesignation to attainment 
to submit a SIP revision to provide for the maintenance of the NAAQS in 
the Area ``for at least 10 years after the redesignation.'' EPA has 
interpreted this as a showing of maintenance ``for a period of ten 
years following redesignation.'' Calcagni Memorandum, p. 9. Where the 
emissions inventory method of showing maintenance is used, the purpose 
is to show that emissions during the maintenance period will not 
increase over the attainment year inventory. Calcagni Memorandum, pp. 
9-10.
    As discussed in detail below, Georgia's maintenance plan submission 
expressly documents that the Area's overall emissions inventories will 
remain well below the attainment year inventories through 2024. 
Although the State's maintenance demonstration includes projected 
emissions reductions from Georgia Rules (sss) and (uuu), EPA believes 
the plan still demonstrates maintenance as discussed in the following 
subsection.

[[Page 1153]]

    In addition, for the reasons set forth below, EPA believes that the 
Area will continue to maintain the 1997 Annual PM2.5 NAAQS 
at least through 2025. Thus, if EPA finalizes its proposed approval of 
the redesignation request and maintenance plans in 2015, the approval 
will be based upon this showing, in accordance with section 175A, and 
EPA's analysis described herein, that the State's maintenance plan 
provides for maintenance for at least ten years after redesignation.
c. Maintenance Demonstration
    The August 30, 2012, submittal includes a maintenance demonstration 
for the Atlanta Area through 2024. This demonstration uses 2008 as the 
attainment year; identifies 2024 as the ``out year;'' and includes 
future emission inventory projections for point, area, on-road mobile, 
and non-road mobile sources in the Atlanta Area for 2014, 2017, 2020, 
and 2024 (see Tables 3-7, below). The emissions projections for 2014 
and 2020 provide reference points for periodic assessment of 
maintenance of the NAAQS and were estimated using 2008 actuals and 2017 
and 2024 projections. Appendix C of Georgia's 2012 submittal describes 
the methodology used by the State to prepare the actual and projected 
emissions inventories.
    The future emissions inventory projections in the State's 
maintenance demonstration include reductions from the implementation of 
Georgia Rules (sss) and (uuu). However, as discussed above, these two 
State rules are not permanent and enforceable measures for the purposes 
of redesignation. EPA therefore recalculated the projected 2014, 2017, 
2020, and 2024 point source emissions in the Atlanta Area by removing 
projected Rule (sss) and Rule (uuu) NOX, SO2, and 
PM2.5 emissions reductions \19\ and replacing these 
reductions with only those NOX, SO2, and 
PM2.5 reductions from permanent and enforceable shutdowns at 
Plant Branch Units 1 through 4 and Plant Yates Units 1 through 5 and 
from permanent and enforceable conversions from coal to natural gas at 
Plant Yates Units 6 and 7.\20\ Georgia did not incorporate the 
emissions reductions resulting from these shutdowns and conversions in 
its maintenance demonstration because they were not anticipated by the 
State at the time of its 2012 submittal.
---------------------------------------------------------------------------

    \19\ Although, as discussed above, the NOX emission 
reductions associated with Rule (sss) are permanent and enforceable 
through CSAPR, EPA recalculated the projected point source emissions 
without anticipated Rule (sss) NOX reductions to generate 
a conservative maintenance demonstration.
    \20\ Georgia Power retired Plant Branch Unit 2 in September 
2013; retired Plant Branch Units 1, 3, and 4 and Plant Yates Units 
1-5 in April 2015; and converted Plant Yates Units 6 and 7 from coal 
to natural gas in May 2015. Georgia Power certified under penalty of 
law that the retirements are permanent in Retired Unit Exemption 
(RUE) forms submitted to EPA under the Acid Rain, CAIR, and CSAPR 
programs. The Plant Yates retirements and conversions occurred 
through a Title V permit amendment effective on August 29, 2014. 
Yates Steam-Electric Generating Plant Part 70 Operating Permit 
Amendment No. 4911-077-0001-V-03-5. This Title V permit amendment 
and the RUE forms discussed above are included in the docket.
---------------------------------------------------------------------------

    EPA removed the emissions reductions attributed to Georgia Rules 
(sss) and (uuu) from the State's emissions projections by assuming that 
NOX, SO2, and PM2.5 emissions from 
EGUs in the Atlanta Area were not reduced through Rules (sss) and (uuu) 
after 2008 and added the reductions from the aforementioned shutdowns 
and conversions.\21\ Table 2.1 identifies the EGU emissions included in 
the State's maintenance demonstration, and Table 2.2 identifies the EGU 
emissions included in EPA's recalculated point source emission 
projections for the Atlanta Area.
---------------------------------------------------------------------------

    \21\ EPA estimated the emissions reductions associated with 
Rules (sss) and (uuu) and with the shutdowns and conversions to 
natural gas using emissions projections provided by GA EPD on 
November 13, 2015. These projections are included in the docket for 
today's action.
    .

                   Table 2.1--EGU Emissions, Actual (2008) and Projected for the Atlanta Area
                                                     [Tons]
----------------------------------------------------------------------------------------------------------------
            Pollutant                  2008            2014            2017            2020            2024
----------------------------------------------------------------------------------------------------------------
SO2.............................         410,496         169,176          48,516          49,781          50,413
NOX.............................          76,178          40,535          22,713          23,372          23,702
PM2.5...........................           4,938           3,760           3,171           3,296           3,358
----------------------------------------------------------------------------------------------------------------


     Table 2.2--EGU Emissions, Actual (2008) and Projected for the Atlanta Area, Revised To Include Only EGU
                                      Shutdowns and Natural Gas Conversions
                                                     [Tons]
----------------------------------------------------------------------------------------------------------------
            Pollutant                  2008            2014            2017            2020            2024
----------------------------------------------------------------------------------------------------------------
SO2.............................         410,496         294,859         237,040         243,210         246,294
NOX.............................          76,177          58,173          49,171          50,519          51,193
PM2.5...........................           4,937           4,724           4,618           4,781           4,862
----------------------------------------------------------------------------------------------------------------

    Table 3.1 shows the 2008 actual point source emissions and the 
projected future year point source emissions in the Atlanta Area 
provided by the State in its 2012 submittal. Table 3.2 shows the 2008 
actual point source emissions and projected future year point source 
emissions using EPA's EGU projections shown in Table 2.2, above.

               Table 3.1--Point Source Emissions, Actual (2008) and Projected for the Atlanta Area
                                                     [Tons]
----------------------------------------------------------------------------------------------------------------
            Pollutant                  2008            2014            2017            2020            2024
----------------------------------------------------------------------------------------------------------------
SO2.............................         413,478         172,170          51,697          52,601          53,803
NOX.............................          80,785          45,489          27,867          28,535          29,423

[[Page 1154]]

 
PM2.5...........................           5,637           4,541           3,993           4,120           4,288
----------------------------------------------------------------------------------------------------------------


Table 3.2--Point Source Emissions, Actual (2008) and Projected for the Atlanta Area, Revised To Include Only EGU
                                      Shutdowns and Natural Gas Conversions
                                                     [Tons]
----------------------------------------------------------------------------------------------------------------
            Pollutant                  2008            2014            2017            2020            2024
----------------------------------------------------------------------------------------------------------------
SO2.............................         413,478         297,974         240,221         246,530         249,684
NOX.............................          80,785          63,145          54,325          56,051          56,914
PM2.5...........................           5,637           5,506           5,440           5,675           5,792
----------------------------------------------------------------------------------------------------------------

    Tables 4 through 6 show the actual and projected non-point, on-road 
mobile, and non-road mobile source emissions for the Atlanta Area as 
provided in the State's 2012 submittal. These emissions are not 
impacted by Rules (sss) and (uuu) because these rules only apply to 
certain EGUs.

              Table 4--Non-point Source Emission, Actual (2008) and Projected for the Atlanta Area
                                                     [Tons]
----------------------------------------------------------------------------------------------------------------
            Pollutant                  2008            2014            2017            2020            2024
----------------------------------------------------------------------------------------------------------------
SO2.............................          10,237          10,557          10,717          10,884          11,107
NOX.............................          21,193          23,531          24,698          25,916          27,537
PM2.5...........................          35,686          40,052          42,232          44,072          46,520
----------------------------------------------------------------------------------------------------------------


           Table 5--On-Road Mobile Source Emissions, Actual (2008) and Projected for the Atlanta Area
                                                     [Tons]
----------------------------------------------------------------------------------------------------------------
            Pollutant                  2008            2014            2017            2020            2024
----------------------------------------------------------------------------------------------------------------
SO2.............................             725             629             581             533             469
NOX.............................         128,955          93,806          76,258          58,675          35,272
PM2.5...........................           4,662           3,529           2,963           2,397           1,642
----------------------------------------------------------------------------------------------------------------


                  Table 6--Non-Road Emissions, Actual (2008) and Projected for the Atlanta Area
                                                     [Tons]
----------------------------------------------------------------------------------------------------------------
            Pollutant                  2008            2014            2017            2020            2024
----------------------------------------------------------------------------------------------------------------
SO2.............................           1,675           1,516           1,437           1,553           1,708
NOX.............................          40,599          34,086          30,835          29,747          28,298
PM2.5...........................           2,827           2,360           2,127           1,967           1,755
----------------------------------------------------------------------------------------------------------------

    Below, Table 7.1 shows the 2008 actual emissions from all source 
sectors and the projected future year emissions from all source sectors 
in the Atlanta Area provided by the State. Table 7.2 reflects EPA's 
revisions to the point-source emissions projections shown in Table 3.2, 
above.

           Table 7.1--All Sector Emissions, Actual (2008) and Projected Emissions for the Atlanta Area
                                                     [Tons]
----------------------------------------------------------------------------------------------------------------
            Pollutant                  2008            2014            2017            2020            2024
----------------------------------------------------------------------------------------------------------------
SO2.............................         426,115         184,873          64,433          65,572          67,088
NOX.............................         271,531         196,912         159,659         142,873         120,530
PM2.5...........................          48,811          50,482          51,316          52,556          54,205
----------------------------------------------------------------------------------------------------------------


[[Page 1155]]


 Table 7.2--All Sector Emissions, Actual (2008) and Projected Emissions for the Atlanta Area, Revised With EPA's
                                       Point-Source Emissions Projections
                                                    [Tons] 22
----------------------------------------------------------------------------------------------------------------
            Pollutant                  2008            2014            2017            2020            2024
----------------------------------------------------------------------------------------------------------------
SO2.............................         426,115         310,677         252,957         257,248         262,969
NOX.............................         271,531         214,589         186,117         173,715         157,179
PM2.5...........................          48,811          51,446          52,763          54,299          56,348
----------------------------------------------------------------------------------------------------------------

    The results of EPA's analysis, shown in Table 7.2, show that future 
emissions for NOX and SO2 are expected to be well 
below 2008 ``attainment level'' emissions without Georgia Rules (sss) 
and (uuu), while direct PM2.5 emissions are expected to 
increase slightly. In situations where local emissions are the primary 
contributor to nonattainment, such as the Atlanta Area, if the future 
projected emissions in the nonattainment area remain at or below the 
baseline emissions in the nonattainment area, then the ambient air 
quality standard should not be exceeded in the future. As explained 
below, EPA proposes to find that the overall emission projections 
illustrate that the Atlanta Area is expected to continue to attain the 
1997 PM2.5 NAAQS through 2025. Moreover, as noted earlier, 
the Atlanta Area was identified in EPA's federal interstate transport 
rulemakings--CAIR and CSAPR--as an area that was projected to have 
problems with nonattainment and maintenance of the 1997 
PM2.5 NAAQS due to transported pollution from other states. 
Continued implementation of CSAPR in the vast majority of those upwind 
states will also help the Atlanta Area maintain the standard.
---------------------------------------------------------------------------

    \22\ The revised emission projections reflect no emission 
reductions from EGUs beyond 2008 other than the permanent and 
enforceable emission reductions that have occurred due to the 
shutdowns and conversions identified above.
---------------------------------------------------------------------------

    As shown in Table 7.2, EPA projects that SO2 and 
NOX emissions will decline by approximately 38 percent and 
42 percent, respectively, from 2008 to 2024 without Georgia Rules (sss) 
and (uuu). This decrease is due to the implementation of Federal 
controls during the first half of the maintenance period and to the 
permanent and enforceable shutdowns and conversions discussed above. 
Emissions of PM2.5 are expected to increase by approximately 
15.4 percent (7,537 tons) from 2008 through 2024 due to projected 
increases in non-point source PM2.5 emissions. Therefore, 
EPA further evaluated whether the increase in PM2.5 
emissions, in combination with the decreases in SO2 and 
NOX emissions, would provide for maintenance of the 
standard.
    Because the relationship between pollutant emissions and ambient 
air quality is different for each of the three pollutants, the changes 
in emissions for each pollutant must be weighted according to the air 
quality impact of each pollutant. To evaluate this relationship, the 
State examined speciation data available from the EPA Air Explorer Web 
site for 2007-2009 for the DeKalb County monitor (13-089-0002). The 3-
year average of this data suggests that ambient PM2.5 in 
Atlanta consists of approximately 40.7 percent sulfate; 1.2 percent 
nitrate; 50.1 percent organic particulate matter (which consists of 
directly-emitted primary organic matter and atmospherically formed 
secondary organic aerosol); 4.2 percent miscellaneous inorganic 
particulate matter; and 3.7 percent other types of particulate matter. 
Therefore, using a conservative assumption that all of the organic 
particulate matter is primary organic matter, the direct 
PM2.5 species make up approximately 54.3 percent of the 
total ambient PM2.5.
    A conservative approach assumes the full ambient concentration of 
organic particulate matter plus miscellaneous inorganic particulate 
matter will vary in accordance with changes in total nonattainment area 
emissions of direct PM2.5. This analysis thus assumes that 
the component of ambient PM2.5 attributable to direct 
PM2.5 species will increase by the same percentage as the 
percentage increase in direct PM2.5 emissions projected for 
the Atlanta Area (i.e., 15.4 percent). The baseline concentration is 
conservatively assumed to be 15.0 [micro]g/m\3\, and direct 
PM2.5 is estimated to contribute 54.3 percent, or 8.1 
[micro]g/m\3\, of that baseline. Thus, a 15.4 percent increase in the 
8.1 [micro]g/m\3\ of the direct PM2.5 component would 
suggest a resulting 1.2 [micro]g/m\3\ increase in the ambient 
concentration. As discussed earlier, the highest 2008-2010 design value 
for the Atlanta Area was 13.6 [micro]g/m\3\ (with data substitution) 
and the 2011-2014 design value is 11.1 [micro]g/m\3\ (with data 
substitution). Thus, even if the design value were to increase by 1.2 
[micro]g/m\3\, the standard of 15 [micro]g/m\3\ would still be met. 
Furthermore, the projected increase in direct PM2.5 
emissions (approximately 7,537 tons) will be at least partially, if not 
fully, offset by a significant decrease in sulfate and nitrate 
emissions, resulting in a continued decrease in the PM2.5 
design values in the Atlanta Area. As shown in Table 7.2, EPA expects 
that, at a minimum, SO2 and NOX emissions will 
decrease by approximately 163,146 tons and 114,352 tons, respectively, 
from 2008 through 2024.
    A maintenance plan requires the state to show that projected future 
year overall emissions will not exceed the level of emissions which led 
the Area to attain the NAAQS. For the reasons discussed above, EPA 
believes that the projected emissions demonstrate that the Atlanta Area 
will continue to attain for the duration of the maintenance plan.
    While GA EPD's maintenance plan projects maintenance of the 1997 
Annual PM2.5 NAAQS through 2024, as noted above, EPA 
believes that the Atlanta Area will continue to maintain the standard 
at least through the year 2025 for several reasons: All of the federal 
regulatory requirements that enabled the Area to attain the NAAQS will 
continue to be in effect and enforceable after the 10-year maintenance 
period; the most recent maximum potential annual PM2.5 
design value (for the period 2012 to 2014) for the Area, 11.1 [micro]g/
m\3\,\23\ is well below the standard of 15.0 [micro]g/m\3\; and overall 
emissions are projected to decline significantly through 2024. Because 
it is highly improbable that emissions will suddenly increase after 
2024 and exceed attainment year inventory levels in 2025, EPA expects 
the projected downward trend in pollutant emissions in the Atlanta Area 
to continue to demonstrate maintenance of the 1997 PM2.5 
NAAQS through at least the year 2025.
---------------------------------------------------------------------------

    \23\ As noted earlier, due to incomplete data at one monitoring 
site during the third quarter of 2012, EPA conducted a statistical 
analysis to determine a maximum potential design value of 11.1 
[micro]g/m\3\ for the period 2012 to 2014. The analysis is described 
in detail in the monitoring TSD included in the docket for this 
rulemaking.

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

[[Page 1156]]

d. Monitoring Network
    There are currently seven monitors measuring ambient 
PM2.5 in the Atlanta Area. GA EPD has committed to continue 
operation of the monitors in the Atlanta Area in compliance with 40 CFR 
part 58 and have thus addressed the requirement for monitoring. EPA 
approved Georgia's 2014 monitoring plan on November 7, 2014.
e. Verification of Continued Attainment
    The State of Georgia, through the GA EPD, has the legal authority 
to enforce and implement the requirements of the Atlanta Area 1997 
Annual PM2.5 maintenance plan. This includes the authority 
to adopt, implement, and enforce any subsequent emissions control 
contingency measures determined to be necessary to correct future 
PM2.5 attainment problems.
    GA EPD will track the progress of the maintenance plan by 
performing future reviews of triennial emission inventories for the 
Atlanta Area as required in the Air Emissions Reporting Rule (AERR) and 
Consolidated Emissions Reporting Rule (CERR). For these periodic 
inventories, GA EPD will review the assumptions made for the purpose of 
the maintenance demonstration concerning projected growth of activity 
levels. If any of these assumptions appear to have changed 
substantially, then GA EPD will re-project emissions for the Atlanta 
Area.
f. Contingency Measures in the Maintenance Plan
    Section 175A of the CAA requires that a maintenance plan include 
such contingency measures as EPA deems necessary to assure that the 
state will promptly correct a violation of the NAAQS that occurs after 
redesignation. The maintenance plan should identify the contingency 
measures to be adopted, a schedule and procedure for adoption and 
implementation, and a time limit for action by the State. A state 
should also identify specific indicators to be used to determine when 
the contingency measures need to be implemented. The maintenance plan 
must include a requirement that a state will implement all measures 
with respect to control of the pollutant that were contained in the SIP 
before redesignation of the area to attainment in accordance with 
section 175A(d).
    The contingency measures included in Georgia's maintenance plan for 
the Atlanta Area include a triggering mechanism to determine when 
contingency measures are needed and a process of developing and 
implementing appropriate control measures. GA EPD will use actual 
ambient monitoring data to determine whether a trigger event has 
occurred and when contingency measures should be implemented. Georgia's 
trigger mechanisms include two tiers: Tier I and Tier II.
    A Tier I trigger is activated when any of the following conditions 
occurs:
     The previous calendar year's annual average 
PM2.5 concentration exceeds the standard by 1.5 [micro]g/
m\3\ or more;
     The annual mean PM2.5 concentration in each of 
the previous two consecutive calendar years exceeds the NAAQS by 0.5 
[micro]g/m\3\ or more;
     The total maintenance area SO2 emissions in the 
most recent NEI exceeds the corresponding attainment-year inventory by 
more than 10.0 percent;
     The total maintenance area PM2.5 emissions in 
the most recent NEI exceed the corresponding attainment-year inventory 
by more than 30.0 percent.
    A Tier II trigger is activated when any violation of the 1997 
Annual PM2.5 NAAQS at any federal reference method (FRM) 
monitor in the Atlanta maintenance area is recorded, based on quality-
assured monitoring data.
    In the event of either a Tier I or Tier II trigger, GA EPD will 
conduct a comprehensive study as expeditiously as practicable, but no 
later than nine months after the trigger is activated. GA EPD will 
evaluate a Tier I condition, if it occurs, to determine the causes of 
the ambient PM2.5 or emissions inventory increase and to 
determine if a Tier II condition is likely to occur. GA EPD will 
evaluate a Tier I condition, if it occurs, to determine the cause of 
the trigger and determine if the cause(s) of the ambient 
PM2.5 increase and to determine if the increase is likely to 
continue. Through the comprehensive study, GA EPD will attempt to 
determine whether the trigger condition is due to local emissions, 
emissions from elsewhere, or a combination of these. The study will 
also include a determination regarding the emissions control measures 
that may be necessary to prevent or correct a violation of the NAAQS.
    GA EPD will implement any required measures as expeditiously as 
practicable, taking into consideration the ease of implementation and 
the technical and economic feasibility of selected measures. Previously 
adopted controls, which have not yet realized emission reductions and 
which are not relied upon in the maintenance demonstration, will be 
implemented within 24 months from trigger activation.\24\ If the study 
determines that such previously adopted emission control programs are 
not sufficient to address any violation of the NAAQS, EPD will adopt 
additional rules or controls to require further emission reductions. 
Any additional rules or controls to address a violation would be 
adopted and implemented within 24 months of trigger activation and will 
be submitted to EPA for approval into Georgia's SIP.
---------------------------------------------------------------------------

    \24\ In a September 23, 2013, letter to EPA, the State clarified 
the timing and content of its contingency measures included in the 
maintenance plan for the Atlanta Area. In this letter, the State 
reaffirmed its commitment to address and correct any violation of 
the 1997 annual PM2.5 NAAQS as expeditiously as 
practicable and to do so no later than 24 months from the trigger 
activation.
---------------------------------------------------------------------------

    In any event, if a Tier II trigger is activated, EPD will consult 
and seek review from EPA on the analysis to determine the cause of the 
violation. The contingency measure(s) will be selected from the 
following types of emission controls or from any other control deemed 
appropriate and effective at the time the selection is made by EPD:
     RACM for sources of SO2 and PM2.5;
     Reasonably Available Control Technologies (RACT) for point 
sources of SO2 and PM2.5;
     Expansion of RACM/RACT to areas of transport within the 
State;
     Mobile source measures; and
     Additional SO2 and/or PM2.5 
reduction measures yet to be identified.
    In addition to the triggers indicated above, Georgia will monitor 
regional emissions through the CERR and AERR and compare them to the 
projected inventories and the attainment year inventory. In the August 
30, 2012, submittal, the State acknowledges that the contingency plan 
requires the implementation of all measures contained in the SIP for 
the Area prior to redesignation. The State also notes that these 
measures are currently in effect and may be evaluated by the State to 
determine if they are adequate or up-to-date.
    EPA has preliminarily concluded that the maintenance plan 
adequately addresses the five basic components required: The attainment 
emissions inventory, maintenance demonstration, monitoring, 
verification of continued attainment, and a contingency plan. 
Therefore, the maintenance plan SIP revision submitted by GA EPD for 
the Atlanta Area meets the requirements of section 175A of the CAA and 
is approvable.

[[Page 1157]]

VI. What is the effect of the January 4, 2013, D.C. Circuit decision 
regarding PM2.5 implementation under subpart 4?

a. Background

    As discussed in Section II of this notice, the D.C. Circuit 
remanded the 1997 PM2.5 Implementation Rule to EPA on 
January 4, 2013, in Natural Resources Defense Council v. EPA, 706 F.3d 
428. The Court found that EPA erred in implementing the 1997 
PM2.5 NAAQS pursuant to the general implementation 
provisions of subpart 1 of part D of Title I of the CAA rather than the 
particulate matter-specific provisions of subpart 4 of part D of Title 
I.
    For the purposes of evaluating Georgia's redesignation request for 
the Atlanta Area, to the extent that implementation under subpart 4 
would impose additional requirements for areas designated 
nonattainment, EPA believes that those requirements are not 
``applicable'' for the purposes of CAA section 107(d)(3)(E), and thus 
EPA is not required to consider subpart 4 requirements with respect to 
the redesignation of the Atlanta Area. 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 ``Procedures 
for Processing Requests to Redesignate Areas to Attainment,'' 
Memorandum from John Calcagni, Director, Air Quality Management 
Division, September 4, 1992 (Calcagni memorandum). See also ``State 
Implementation Plan (SIP) Requirements for Areas Submitting Requests 
for the plan and 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 Shapiro, Acting 
Assistant Administrator, Air and Radiation, September 17, 1993 (Shapiro 
memorandum); Final Redesignation of Detroit-Ann Arbor, (60 FR 12459, 
12465-66, March 7, 1995); Final Redesignation of St. Louis, Missouri, 
(68 FR 25418, 25424-27, May 12, 2003); Sierra Club v. EPA, 375 F.3d 
537, 541 (7th Cir. 2004) (upholding EPA's redesignation rulemaking 
applying this interpretation and expressly rejecting Sierra Club's view 
that the meaning of ``applicable'' under the statute is ``whatever 
should have been in the plan at the time of attainment rather than 
whatever actually was in already implemented or due at the time of 
attainment'').\25\ In this case, at the time that Georgia submitted its 
redesignation request on August 30, 2012, requirements under subpart 4 
were not due, and indeed, were not yet known to apply.
---------------------------------------------------------------------------

    \25\ Applicable requirements of the CAA that come due subsequent 
to the area's submittal of a complete redesignation request remain 
applicable until a redesignation is approved, but are not required 
as a prerequisite to redesignation. Section 175A(c) of the CAA.
---------------------------------------------------------------------------

    On June 2, 2014, EPA published a rule entitled ``Identification of 
Nonattainment Classification and Deadlines for Submission of State 
Implementation Plan (SIP) Provisions for the 1997 Fine Particle 
(PM2.5) National Ambient Air Quality Standard (NAAQS) and 
2006 PM2.5 NAAQS'' (``Classification and Deadlines Rule''). 
79 FR 31,566.\26\ In that rule, the Agency responded to the DC 
Circuit's January 2013 decision by establishing classifications for 
PM2.5 nonattainment areas under subpart 4, and by 
establishing a new SIP submission date of December 31, 2014, for 
moderate area attainment plans and for any additional attainment-
related or nonattainment new source review plans necessary for areas to 
comply with the requirements applicable under subpart 4. Id. at 31,567-
70. Therefore, when Georgia submitted its request in August 2012, the 
deadline for submitting a SIP to meet the Act's subpart 4 requirements 
had not yet passed, and those requirements are therefore not applicable 
for purposes of evaluating Georgia's request for redesignation.
---------------------------------------------------------------------------

    \26\ Judicial review of EPA's Classification and Deadlines Rule 
is pending in the D.C. Circuit. At the time of this notice, briefing 
and oral arguments in that case have concluded but a decision has 
not yet been issued by the Court. See WildEarth Guardians v. EPA, 
No. 14-1145 (D.C. Circuit, argued November 6, 2015).
---------------------------------------------------------------------------

b. Subpart 4 Requirements and the Atlanta Area Redesignation Request

    Even though the substantive requirements of subpart 4 were not 
applicable requirements that Georgia was required to have met at the 
time of its redesignation request submission, EPA believes that even 
the imposition of those substantive requirements would not pose a bar 
to the redesignation of the Atlanta Area. The additional requirements 
found in subpart 4 are either designed to help an area achieve 
attainment (also known as ``attainment planning requirements'') or are 
related to new source permitting. None of these additional requirements 
are applicable for purposes of evaluating a redesignation from 
nonattainment to attainment under EPA's long-standing interpretation of 
CAA section 107(d)(3)(E)(ii) and (v).
    As background, EPA notes that subpart 4 incorporates components of 
subpart 1 of part D, which contains general air quality planning 
requirements for areas designated as nonattainment. See section 172(c). 
Subpart 4 itself contains specific planning and scheduling requirements 
for PM10 \27\ nonattainment areas, and under the Court's 
January 4, 2013, decision in NRDC v. EPA, these same statutory 
requirements also apply for PM2.5 nonattainment areas.\28\ 
In the General Preamble, EPA's longstanding general guidance 
interpreting the 1990 amendments to the CAA,\29\ EPA discussed the 
relationship of subpart 1 and subpart 4 SIP requirements and pointed 
out that subpart 1 requirements were to an extent ``subsumed by, or 
integrally related to, the more specific PM-10 requirements.'' See 57 
FR 13538 (April 16, 1992). The subpart 1 requirements include, among 
other things, provisions for attainment demonstrations, RACM, RFP, 
emissions inventories, and contingency measures.
---------------------------------------------------------------------------

    \27\ PM10 refers to particles nominally 10 
micrometers in diameter or smaller.
    \28\ In explaining their decision, the court reasoned that the 
plain meaning of the CAA requires implementation of the 1997 p.m.2.5 
NAAQS under subpart 4 because PM2.5 particles fall within 
the statutory definition of PM10 and are thus subject to 
the same statutory requirements. The EPA has proposed its 
interpretation of subpart 4 requirements as applied to the 
PM2.5 NAAQS in its proposal rule entitled ``Fine 
Particulate Matter National Ambient Air Quality Standards: State 
Implementation Plan Requirements'' (80 FR 15340, March 23, 2015).
    \29\
---------------------------------------------------------------------------

    As noted above, in the Classification and Deadlines Rule, EPA 
initially classified all areas designated nonattainment for either the 
1997 or the 2006 PM2.5 NAAQS as ``moderate'' nonattainment 
areas. Additional requirements that would apply to the Atlanta Area as 
a moderate nonattainment area are therefore Sections 189(a) and (c), 
including the following: (1) An approved permit program for 
construction of new and modified major stationary sources (section 
189(a)(1)(A)); (2) an attainment demonstration (section 189(a)(1)(B)); 
(3) provisions for RACM (section 189(a)(1)(C)); and (4) quantitative 
milestones demonstrating RFP toward attainment by the applicable 
attainment date (section 189(c)).\30\
---------------------------------------------------------------------------

    \30\ EPA's proposed implementation rule (80 FR 15340 (March 23, 
2015)) includes, among other things, the Agency's proposed 
interpretation of these moderate area requirements for purposes of 
PM2.5 NAAQS implementation.
---------------------------------------------------------------------------

    The permit requirements of subpart 4, as contained in section 
189(a)(1)(A),

[[Page 1158]]

refer to and apply the subpart 1 permit provisions requirements of 
sections 172 and 173 to PM10, without adding to them. 
Consequently, EPA believes that section 189(a)(1)(A) does not itself 
impose for redesignation purposes any additional requirements for 
moderate areas beyond those contained in subpart 1.\31\ In any event, 
in the context of redesignation, EPA has long relied on the 
interpretation that a fully approved nonattainment new source review 
program is not considered an applicable requirement for redesignation, 
provided the area can maintain the standard with a PSD program after 
redesignation. A detailed rationale for this view is described in a 
memorandum from Mary Nichols, Assistant Administrator for Air and 
Radiation, dated October 14, 1994, entitled ``Part D New Source Review 
Requirements for Areas Requesting Redesignation to Attainment.'' See 
also rulemakings for Detroit, Michigan (60 FR 12467-12468, March 7, 
1995); Cleveland-Akron-Lorain, Ohio (61 FR 20458, 20469-20470, May 7, 
1996); Louisville, Kentucky (66 FR 53665, October 23, 2001); and Grand 
Rapids, Michigan (61 FR 31834-31837, June 21, 1996).
---------------------------------------------------------------------------

    \31\ The potential effect of section 189(e) on section 
189(a)(1)(A) for purposes of evaluating this redesignation is 
discussed below.
---------------------------------------------------------------------------

    With respect to the specific attainment planning requirements under 
subpart 4,\32\ EPA applies the same interpretation that it applies to 
attainment planning requirements under subpart 1 or any of other 
pollutant-specific subparts. That is, under its long-standing 
interpretation of the CAA, where an area is already attaining the 
standard, EPA does not consider those attainment-planning requirements 
to be applicable for purposes of evaluating a request for redesignation 
because requirements that are designed to help an area achieve 
attainment no longer have meaning where an area is already meeting the 
standard.
---------------------------------------------------------------------------

    \32\ These planning requirements include the attainment 
demonstration, quantitative milestone requirements, and RACM 
analysis.
---------------------------------------------------------------------------

    Thus, at the time of Georgia's submission of its redesignation 
request, the requirement for the Atlanta Area to comply with subpart 4 
had not yet come due and was, therefore, not applicable for purposes of 
EPA's evaluation of the redesignation. Moreover, even if Georgia had 
been required to comply with those subpart 4 requirements, the 
additional substantive requirements for a moderate nonattainment area 
under subpart 4 were not applicable for purposes of redesignation 
anyway, given EPA's long-standing interpretation of the applicability 
of certain requirements to areas that are attaining the NAAQS.

c. Subpart 4 and Control of PM2.5 Precursors

    As noted previously, EPA does not believe that the requirement to 
comply with subpart 4 applied to the Atlanta Area redesignation request 
because that request was submitted prior to the moderate area SIP 
submission date of December 31, 2014. However, even if the requirements 
of subpart 4 were to apply to the Atlanta Area, EPA nevertheless 
believes that the additional requirements of subpart 4 would not pose 
an obstacle to our approval of Georgia's request to redesignate the 
Atlanta Area. Specifically, EPA proposes to determine that, because the 
Atlanta Area is attaining the standard, no additional controls of any 
PM2.5 precursors would be required. Under either subpart 1 
or subpart 4, for purposes of demonstrating attainment as expeditiously 
as practicable, a state is required to evaluate all economically and 
technologically feasible control measures for direct PM emissions and 
precursor emissions, and adopt those measures that are deemed 
reasonably available. Relevant precursors to PM2.5 pollution 
include SO2, NOx, VOC and ammonia. Moreover, CAA section 
189(e) in subpart 4 specifically provides that control requirements for 
major stationary sources of direct PM10 shall also apply to 
PM10 precursors from those sources, except where EPA 
determines that major stationary sources of such precursors ``do not 
contribute significantly to PM10 levels which exceed the 
standard in the area.''
    Under subpart 1 and EPA's prior implementation rule, all major 
stationary sources of PM2.5 precursors were subject to 
regulation, with the exception of ammonia and VOC. Thus, assuming 
subpart 4 requirements are applicable for purposes of evaluating this 
redesignation request, EPA is analyzing here whether additional 
controls of ammonia and VOC from major stationary sources are required 
under section 189(e) of subpart 4 in order to redesignate the area for 
the 1997 PM2.5 standard. As explained below, EPA does not 
believe that any additional controls of ammonia and VOC are required in 
the context of this redesignation.
    In the General Preamble, EPA discusses its approach to implementing 
section 189(e). See 57 FR 13538 (April 16, 1992). With regard to 
precursor regulation under section 189(e), the General Preamble 
explicitly stated that control of VOCs under other Act requirements may 
suffice to relieve a state from the need to adopt precursor controls 
under section 189(e). See 57 FR 13542. EPA in this rulemaking proposes 
to determine that even if not explicitly addressed by the State in its 
submission, the State does not need to take further action with respect 
to ammonia and VOCs as precursors to satisfy the requirements of 
section 189(e). This proposed determination is based on our findings 
that: (1) The Atlanta Area contains only one major stationary source of 
ammonia (Owens Corning, Fairburn Plant), and (2) existing major 
stationary sources of VOC are adequately controlled under other 
provisions of the CAA regulating the ozone NAAQS.\33\ In the 
alternative, EPA proposes to determine that, under the express 
exception provisions of section 189(e), and in the context of the 
redesignation of the Area, which is attaining the 1997 Annual 
PM2.5 standard, at present ammonia and VOC precursors from 
major stationary sources do not contribute significantly to levels 
exceeding the 1997 PM2.5 standard in the Atlanta Area. See 
57 FR 13539.
---------------------------------------------------------------------------

    \33\ The Atlanta Area has reduced VOC emissions through the 
implementation of various control programs including various on-road 
and non-road motor vehicle control programs.
---------------------------------------------------------------------------

    As noted earlier, EPA determined in December 2011 that the Atlanta 
Area was attaining the 1997 Annual PM2.5 NAAQS and that the 
Area had attained the NAAQS by the applicable attainment date of April 
5, 2010. 76 FR 76620. Under EPA's regulations, a determination of 
attainment, also known as a clean data determination, suspends the 
CAA's requirements to submit an attainment demonstration, including an 
analysis of reasonably available control measures and control 
technology; reasonable further progress; and contingency measures. 
Under subpart 4, Georgia's plan for attaining the 1997 PM2.5 
NAAQS in the Atlanta Area would have had to consider all 
PM2.5 precursors, including VOC and ammonia, and whether 
there were control measures, including for existing sources under 
section 189(e), available that would have advanced the area's 
attainment goals. However, because the Atlanta Area has already 
attained the 1997 PM2.5 NAAQS, the state's requirement to 
submit a plan demonstrating how the area would attain has been 
suspended, and, moreover, the area has shown that it has attained with 
its current approach to regulation of PM2.5 precursors. 
Therefore, EPA believes that it is reasonable to conclude in the 
context of this redesignation that there is no need

[[Page 1159]]

to revisit the attainment control strategy with respect to the 
treatment of precursors. In addition, as noted below, EPA has analyzed 
projections of VOC and ammonia emissions in the area and has determined 
that VOC emissions are projected to decrease sharply over the 
maintenance period and ammonia emissions, which are emitted in marginal 
amounts in the Atlanta area, are projected to increase only slightly. 
Accordingly, EPA does not view the January 4, 2013, decision of the 
Court as precluding redesignation of the Atlanta Area to attainment for 
the 1997 Annual PM2.5 NAAQS. In sum, even if Georgia were 
required to address precursors for the Atlanta Area under subpart 4 
rather than under subpart 1, EPA would still conclude that the area had 
met all applicable requirements for purposes of redesignation in 
accordance with section 107(d)(3)(E)(ii) and (v).

d. Maintenance Plan and Evaluation of Precursors

    EPA proposes to determine that the State's maintenance plan shows 
continued maintenance of the standard by tracking the levels of the 
precursors whose control brought about attainment of the 1997 
PM2.5 standard in the Atlanta Area. EPA therefore believes 
that the only additional consideration related to the maintenance plan 
requirements that results from the Court's January 4, 2013, decision is 
that of assessing the potential role of VOC and ammonia in 
demonstrating continued maintenance in this Area. As explained below, 
based upon documentation provided by Georgia and supporting 
information, EPA believes that the maintenance plan for the Atlanta 
Area need not include any additional emission reductions of VOC or 
ammonia in order to provide for continued maintenance of the standard.
    First, as noted above in EPA's discussion of section 189(e), VOC 
emission levels in this area have historically been well-controlled 
under SIP requirements related to ozone and other pollutants. Second, 
total ammonia emissions throughout the Atlanta Area are projected to be 
approximately 13,620 tons per year in 2020. See Table 8 below. This 
amount of ammonia emissions is relatively low in comparison to the 
total amounts of SO2, NOX, and even direct 
PM2.5 emissions from sources in the Area. Third, as 
described below, available information shows that no precursor, 
including VOC and ammonia, is expected to increase significantly over 
the maintenance period so as to interfere with or undermine the State's 
maintenance demonstration.
    The emissions inventories used in the regulatory impact analysis 
(RIA) for the 2012 PM2.5 NAAQS, included in the docket for 
today's action, show that VOC emissions are projected to decrease by 
52,813.38 tpy and that ammonia emissions are projected to increase by 
91.89 tpy in the Area between 2007 and 2020. See Table 8, below. Thus, 
emissions of VOC are projected to decrease by 30 percent, and emissions 
of ammonia are projected to remain about the same, increasing by less 
than one percent.
---------------------------------------------------------------------------

    \34\ These emissions estimates were taken from the emissions 
inventories developed for the regulatory impact analysis for the 
2012 PM2.5 NAAQS.

                       Table 8--Comparison of 2007 and 2020 VOC and Ammonia Emission Totals by Source Sector (tpy) for the Area 34
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                VOC                                           Ammonia
                      Source sector                      -----------------------------------------------------------------------------------------------
                                                               2007            2020         Net Change         2007            2020         Net Change
--------------------------------------------------------------------------------------------------------------------------------------------------------
Nonpoint................................................       76,274.51       74,736.27       -1,538.24       10,220.59       11,535.64        1,315.05
Non-road................................................       28,433.41       16,376.46      -12,056.95           31.17           38.96            7.79
Onroad..................................................       64,157.97       25,202.79      -38,955.18        2,587.41        1,570.67       -1,016.74
Point...................................................        6,639.28        6,376.27         -263.01          689.03          474.82         -214.21
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................      175,505.17      122,691.79      -52,813.38       13,528.20       13,620.09           91.89
--------------------------------------------------------------------------------------------------------------------------------------------------------

    While the RIA emissions inventories are only projected out to 2020, 
there is no reason to believe that this overall downward trend would 
not continue through 2025. Given that the Atlanta Area is already 
attaining the 1997 Annual PM2.5 NAAQS even with the current 
level of emissions from sources in the Area, the overall trend of 
emissions inventories is consistent with continued attainment.
    In addition, available air quality data and modeling analyses show 
continued maintenance of the standard during the maintenance period. As 
noted in section V, above, the Atlanta Area recorded a maximum 
potential annual PM2.5 design value of 11.1 [mu]g/m\3\ 
during 2012-2014, the most recent three years available with quality-
assured and certified ambient air monitoring data. This is well below 
the 1997 Annual PM2.5 NAAQS of 15 [micro]g/m\3\. Moreover, 
the modeling analysis conducted for the RIA for the 2012 
PM2.5 NAAQS indicates that the design value for this area is 
expected to continue to decline through 2020. In the RIA analysis, the 
2020 modeled design value for the Atlanta Area is 9.4 [micro]g/m\3\. 
Given the decrease in overall precursor emissions projected through 
2024, and expected through 2025, it is reasonable to conclude that the 
monitored PM2.5 concentration in this area will also 
continue to decrease through 2025.
    Thus, EPA believes that there is ample justification to conclude 
that the Atlanta Area should be redesignated, even taking into 
consideration the emissions of VOC and ammonia potentially relevant to 
PM2.5. After consideration of the DC Circuit's January 4, 
2013, decision, and for the reasons set forth in this notice, EPA 
continues to propose approval of the State's maintenance plan and its 
request to redesignate the Atlanta Area to attainment for the 1997 
Annual PM2.5 NAAQS.

VII. What is EPA's Analysis of Georgia's Proposed NOX and 
PM2.5 MVEBs for the Atlanta Area?

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

[[Page 1160]]

transportation plan does not conform, most new projects that would 
expand the capacity of roadways cannot go forward. Regulations at 40 
CFR part 93 set forth EPA policy, criteria, and procedures for 
demonstrating and assuring conformity of such transportation activities 
to a SIP. The regional emissions analysis is one, but not the only, 
requirement for implementing transportation conformity. Transportation 
conformity is a requirement for nonattainment and maintenance areas. 
Maintenance areas are areas that were previously nonattainment for a 
particular NAAQS but have since been redesignated to attainment with an 
approved maintenance plan for that NAAQS.
    Under the CAA, states are required to submit, at various times, 
control strategy SIPs and maintenance plans for nonattainment areas. 
These control strategy SIPs (including RFP and attainment 
demonstration) 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. A 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 MVEBs serve as a 
ceiling on emissions from an area's planned transportation system. The 
MVEBs 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 MVEBs in the SIP and how to revise 
the MVEBs.
    After interagency consultation with the transportation partners for 
the Atlanta Area, Georgia has elected to develop MVEBs for 
NOX and PM2.5 for the entire Area. Georgia has 
developed these MVEBs, as required, for the last year of its 
maintenance plan, 2024. The NOX and PM2.5 MVEBs 
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. Further 
details are provided below to explain how the MVEBs for 2024 were 
derived.
    The State estimated the worst case daily motor vehicle projections 
for NOX and PM2.5 in 2024 and set the MVEBs at 
this level. The worst-case daily motor vehicle emissions projection for 
PM2.5 is 2,281 tons (38.9 percent above the projected 2024 
on-road emissions), and the worst-case daily motor vehicle emissions 
projection for NOX is 44,430 tons (26 percent above the 
projected 2024 on-road emissions). The proposed 
NOX and PM2.5 MVEBs for the Atlanta 
Area are identified in Table 9, below. On-road emissions of 
SO2 are considered de minimis; therefore, no budget for 
SO2 is required. See 70 FR 24280, 24283 (May 6, 2005).

           Table 9--Proposed Atlanta Area NOX and PM2.5 MVEBs
                                  [tpy]
------------------------------------------------------------------------
                                                          NOX     PM2.5
------------------------------------------------------------------------
2024 On-Road Mobile Emissions.........................   35,272    1,642
2024 Safety Margin Allocated..........................    9,158  .......
2024 Total Motor Vehicle Budget.......................   44,430    2,281
------------------------------------------------------------------------

    The 9,158 ton difference in the NOX projections is well 
within the NOX ``safety margin.'' \35\ 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.
---------------------------------------------------------------------------

    \35\ The difference between the 2024 NOX emissions 
projected by EPA and 2008 actual NOX emissions (i.e., 
NOX safety margin) is approximately 114,352 tons.
---------------------------------------------------------------------------

    Although there is no apparent safety margin for PM2.5 
because overall emissions of direct PM2.5 from all source 
categories are projected to increase by approximately 15 percent from 
2008 to 2024 (see Table 7.2), the on-road mobile NOX and 
PM2.5 emissions are projected to decrease by approximately 
72 percent and 65 percent, respectively (see Table 5) due to the 
federal mobile source measures discussed in Section V. Table 10, below, 
shows that the percentage of the PM2.5 on-road mobile source 
emissions as compared to the overall PM2.5 emissions from 
all sectors trends downward from 9.6 percent in 2008 to 3.0 percent in 
2024.

  Table 10--PM2.5 On-Road Mobile Sources Emissions Comparison to the Total PM2.5 Emissions From All Sectors for
                                                the Atlanta Area
                                                 [Tons per year]
----------------------------------------------------------------------------------------------------------------
                                       2008            2014            2017            2020            2024
----------------------------------------------------------------------------------------------------------------
PM2.5 emissions--on-road mobile.           4,662           3,529           2,963           2,397           1,642
Total PM2.5 emissions--all                48,811          51,256          52,478          54,285          55,188
 sectors........................
On-road mobile % of total PM2.5              9.6             6.9             5.7             4.4             3.0
 emissions......................
----------------------------------------------------------------------------------------------------------------

    As discussed in Section V, EPA believes that Area will maintain the 
NAAQS through 2025 and that the impact of the projected increase in 
PM2.5 emissions will be overcompensated by the projected 
decreases in the emissions of SO2 and NOX. 
Furthermore, even if mobile source emissions are equal to the worst-
case scenario MVEBs in 2024, the Atlanta Area will maintain the 
PM2.5 standard. Applying the projected 15 percent increase 
in direct PM2.5 emissions to the proposed 2024 MVEB (2,281 
tpy) yields a value of 2,623 tpy which is 44 percent less than the 2008 
attainment level of on-road mobile emissions (4,662 tpy).
    Through this rulemaking, EPA is proposing to approve the MVEBs for 
NOX and PM2.5 for 2024 for the Atlanta 
Area because EPA has determined that the Area maintains the 1997 Annual 
PM2.5 NAAQS with the emissions at the levels of the budgets. 
Once the MVEBs for the Atlanta Area are approved or found adequate 
(whichever is completed first), they must be used for future conformity 
determinations. After thorough review, EPA has determined that the 
budgets meet the adequacy criteria, as outlined in 40 CFR 93.118(e)(4). 
Therefore, EPA is proposing to approve the budgets because they are 
consistent with maintenance of the 1997 Annual PM2.5 NAAQS 
through 2024.

[[Page 1161]]

VIII. What is the Status of EPA's Adequacy Determination for the 
Proposed NOX and PM2.5 MVEBs for 2024 for the 
Atlanta Area?

    When reviewing submitted ``control strategy'' SIPs or maintenance 
plans containing MVEB, 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 MVEBs 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 MVEBs are 
set out in 40 CFR 93.118(e)(4). The process for determining adequacy 
consists of three basic steps: Public notification of a SIP submission, 
a public comment period, and EPA's adequacy determination. This process 
for determining the adequacy of submitted MVEBs for transportation 
conformity purposes was initially outlined in EPA's May 14, 1999, 
guidance entitled ``Conformity Guidance on Implementation of March 2, 
1999, Conformity Court Decision.'' EPA adopted regulations to codify 
the adequacy process in rulemaking entitled ``Transportation Conformity 
Rule Amendments for the New 8-Hour Ozone and PM2.5 National 
Ambient Air Quality Standards and Miscellaneous Revisions for Existing 
Areas; Transportation Conformity Rule Amendments: Response to Court 
Decision and Additional Rule Changes''; July 1, 2004 (69 FR 40004). 
Additional information on the adequacy process for transportation 
conformity purposes is available in the proposed rule entitled 
``Transportation Conformity Rule Amendments: Response to Court Decision 
and Additional Rule Changes''; June 30, 2003 (68 FR 38974, 38984).
    As discussed earlier, Georgia's maintenance plan submission 
includes NOX and PM2.5 MVEBs for the Atlanta Area 
for 2024, the last year of the maintenance plan. EPA reviewed the 
NOX and PM2.5 MVEBs through the adequacy process, 
and the adequacy of the MVEBs was open for public comment on EPA's 
adequacy Web site on February 21, 2013, found at: http://www.epa.gov/otaq/stateresources/transconf/currsips.htm. The EPA public comment 
period on adequacy for the MVEBs for 2024 for Atlanta Area closed on 
March 25, 2013. EPA did not receive any comments on the adequacy of the 
MVEBs, nor did EPA receive any requests for the SIP submittal.
    EPA intends to make its determination on the adequacy of the 2024 
MVEBs for the Atlanta Area for transportation conformity purposes in 
the near future by completing the adequacy process that was started on 
February 21, 2013. After EPA finds the 2024 MVEBs adequate under 40 CFR 
93.118(f)(1)(iv) or takes final action to approve them into the Georgia 
SIP under 40 CFR 93.118(f)(2)(iii), the new MVEBs for NOX 
and PM2.5 must be used for future transportation conformity 
determinations. For required regional emissions analysis years that 
involve 2024 or beyond, the applicable budgets will be the new 2024 
MVEBs established in the maintenance plan.

IX. Proposed Actions on the Redesignation Request and Maintenance Plan 
SIP Revisions Including Approval of the NOX and 
PM2.5 MVEBs for 2024 for the Atlanta Area

    On December 8, 2011, EPA determined that the Atlanta Area was 
attaining the 1997 PM2.5 NAAQS. See 76 FR 76620. EPA is now 
proposing to take three separate but related actions regarding the 
redesignation and maintenance of the 1997 Annual PM2.5 NAAQS 
for the Atlanta Area.
    First, EPA is proposing to determine, based upon review of quality-
assured and certified ambient monitoring data for the 2008-2010 period, 
and review of data in AQS for 2011 through 2014 that the Atlanta Area 
continues to attain the 1997 Annual PM2.5 NAAQS. Second, EPA 
proposing to approve the maintenance plan for the Atlanta Area, 
including the NOX and PM2.5 MVEBs for 2024, into 
the Georgia SIP (under section 175A). As described above, the 
maintenance plan demonstrates that the Area will continue to maintain 
the 1997 Annual PM2.5 NAAQS, and the budgets meet all of the 
adequacy criteria contained in 40 CFR 93.118(e)(4) and (5). Third, EPA 
is proposing to approve Georgia's request for redesignation of the 
Atlanta Area from nonattainment to attainment for the 1997 
p.m.2.5 NAAQS based upon the preliminary determination that 
the Area has met the requirements for redesignation under CAA section 
107(d)(3)(E). Further, as part of today's action, EPA is describing the 
status of its adequacy determination for the 2024 NOX and 
VOC MVEBs 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 
publication date for the final rule for this action, whichever is 
earlier, the transportation partners will need to demonstrate 
conformity to the new NOX and VOC MVEBs pursuant to 40 CFR 
93.104(e).
    If finalized, approval of Georgia's redesignation request for the 
Atlanta Area would change the official designation of Barrow, Bartow, 
Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, 
Forsyth, Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, 
Spalding, Walton, and portions of Heard and Putnam Counties in Georgia, 
as found at 40 CFR part 81, from nonattainment to attainment for the 
1997 PM2.5 NAAQS.

X. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 
40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, these proposed actions merely 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:
     Are not significant regulatory actions subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     do not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     do not have Federalism implications as specified in 
Executive

[[Page 1162]]

Order 13132 (64 FR 43255, August 10, 1999);
     are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     will not have disproportionate human health or 
environmental effects under Executive Order 12898 (59 FR 7629, February 
16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law.

List of Subjects in 40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control.

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

    Dated: December 22, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-33196 Filed 1-8-16; 8:45 am]
 BILLING CODE 6560-50-P



                                               1144                     Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Proposed Rules

                                               I. National Technology Transfer and                     EPA is proposing to determine that the                 If you send an email comment directly
                                               Advancement Act (NTTAA)                                 Atlanta Area is continuing to attain the               to EPA without going through
                                                  This rulemaking does not involve                     1997 Annual PM2.5 NAAQS; to approve                    www.regulations.gov, your email
                                               technical standards.                                    Georgia’s plan for maintaining the 1997                address will be automatically captured
                                                                                                       Annual PM2.5 NAAQS in the Atlanta                      and included as part of the comment
                                               J. Executive Order 12898: Federal                       Area (maintenance plan), including the                 that is placed in the public docket and
                                               Actions To Address Environmental                        associated motor vehicle emission                      made available on the Internet. If you
                                               Justice in Minority Populations and                     budgets (MVEBs) for nitrogen oxides                    submit an electronic comment, EPA
                                               Low-Income Populations                                  (NOX) and PM2.5 for the year 2024, into                recommends that you include your
                                                  The EPA believes the human health or                 Georgia’s SIP; and to redesignate the                  name and other contact information in
                                               environmental risk addressed by this                    Atlanta Area to attainment for the 1997                the body of your comment and with any
                                               action will not have potential                          Annual PM2.5 NAAQS. EPA is also                        disk or CD–ROM you submit. If EPA
                                               disproportionately high and adverse                     notifying the public of the status of                  cannot read your comment due to
                                               human health or environmental effects                   EPA’s adequacy determination for the                   technical difficulties and cannot contact
                                               on minority, low-income or indigenous                   Atlanta Area.                                          you for clarification, EPA may not be
                                               populations. This action is not subject                 DATES: Comments must be received on                    able to consider your comment.
                                               to Executive Order 12898 because it                     or before February 1, 2016.                            Electronic files should avoid the use of
                                               disapproves state permitting provisions                                                                        special characters, any form of
                                                                                                       ADDRESSES: Submit your comments,
                                               that are inconsistent with federal laws                                                                        encryption, and be free of any defects or
                                                                                                       identified by Docket ID No. EPA–R04–
                                               for the regulation and permitting of                                                                           viruses. For additional information
                                                                                                       OAR–2013–0084, by one of the
                                               GHG emissions.                                                                                                 about EPA’s public docket visit the EPA
                                                                                                       following methods:                                     Docket Center homepage at http://
                                               List of Subjects in 40 CFR Part 52                         1. www.regulations.gov: Follow the
                                                                                                                                                              www.epa.gov/epahome/dockets.htm.
                                                                                                       on-line instructions for submitting                       Docket: All documents in the
                                                 Environmental protection, Air                         comments.
                                               pollution control, Incorporation by                                                                            electronic docket are listed in the
                                                                                                          2. Email: R4-ARMS@epa.gov.                          www.regulations.gov index. Although
                                               reference, Nitrogen dioxide, Ozone,                        3. Fax: (404) 562–9019.
                                               Particulate matter, Reporting and                                                                              listed in the index, some information
                                                                                                          4. Mail: EPA–R04–OAR–2013–0084,
                                               recordkeeping requirements, Sulfur                                                                             may not be publicly available, i.e., CBI
                                                                                                       Air Regulatory Management Section, Air
                                               oxides, Volatile organic compounds.                                                                            or other information whose disclosure is
                                                                                                       Planning and Implementation Branch,
                                                                                                                                                              restricted by statute. Certain other
                                                  Authority: 42 U.S.C. 7401 et seq.                    Air, Pesticides and Toxics Management
                                                                                                                                                              material, such as copyrighted material,
                                                                                                       Division, U.S. Environmental Protection
                                                 Dated: December 17, 2015.                                                                                    is not placed on the Internet and will be
                                                                                                       Agency, Region 4, 61 Forsyth Street
                                               Ron Curry,                                                                                                     publicly available only in hard copy
                                                                                                       SW., Atlanta, Georgia 30303–8960.
                                               Regional Administrator, Region 6.                                                                              form. Publicly available docket
                                                                                                          5. Hand Delivery or Courier: Ms.
                                               [FR Doc. 2015–33098 Filed 1–8–16; 8:45 am]                                                                     materials are available either
                                                                                                       Lynorae Benjamin, Chief, Air Regulatory
                                                                                                                                                              electronically in www.regulations.gov or
                                               BILLING CODE 6560–50–P                                  Management Section, Air Planning and
                                                                                                                                                              in hard copy at the Air Regulatory
                                                                                                       Implementation Branch, Air, Pesticides
                                                                                                                                                              Management Section, Air Planning and
                                                                                                       and Toxics Management Division, U.S.
                                               ENVIRONMENTAL PROTECTION                                                                                       Implementation Branch, Air, Pesticides
                                                                                                       Environmental Protection Agency,
                                               AGENCY                                                                                                         and Toxics Management Division, U.S.
                                                                                                       Region 4, 61 Forsyth Street SW.,
                                                                                                                                                              Environmental Protection Agency,
                                                                                                       Atlanta, Georgia 30303–8960. Such
                                               40 CFR Parts 52 and 81                                                                                         Region 4, 61 Forsyth Street SW.,
                                                                                                       deliveries are only accepted during the
                                               [EPA–R04–OAR–2013–0084; FRL–9940–88–
                                                                                                                                                              Atlanta, Georgia 30303–8960. EPA
                                                                                                       Regional Office’s normal hours of
                                               Region 4]                                                                                                      requests that if at all possible, you
                                                                                                       operation. The Regional Office’s official
                                                                                                                                                              contact the person listed in the FOR
                                                                                                       hours of business are Monday through
                                               Air Plan Approval and Air Quality                                                                              FURTHER INFORMATION CONTACT section to
                                                                                                       Friday, 8:30 a.m. to 4:30 p.m., excluding
                                               Designation; GA; Redesignation of the                                                                          schedule your inspection. The Regional
                                                                                                       Federal holidays.
                                               Atlanta, GA, 1997 Annual PM2.5                                                                                 Office’s official hours of business are
                                                                                                          Instructions: Direct your comments to
                                               Nonattainment Area to Attainment                                                                               Monday through Friday, 8:30 a.m. to
                                                                                                       Docket ID No. EPA–R04–OAR–2013–
                                                                                                                                                              4:30 p.m., excluding Federal holidays.
                                               AGENCY:  Environmental Protection                       0084. EPA policy is that all comments
                                                                                                                                                              FOR FURTHER INFORMATION CONTACT: Joel
                                               Agency (EPA).                                           received will be included in the public
                                                                                                       docket without change and may be                       Huey, Air Planning and Implementation
                                               ACTION: Proposed rule.                                                                                         Branch, Air, Pesticides and Toxics
                                                                                                       made available online at
                                               SUMMARY:   On August 30, 2012, the                      www.regulations.gov, including any                     Management Division, U.S.
                                               Georgia Department of Natural                           personal information provided, unless                  Environmental Protection Agency,
                                               Resources, through the Georgia                          the comment includes information                       Region 4, 61 Forsyth Street SW.,
                                               Environmental Protection Division (GA                   claimed to be Confidential Business                    Atlanta, Georgia 30303–8960. Joel Huey
                                               EPD), submitted a request for the                       Information (CBI) or other information                 may be reached by phone at (404) 562–
                                               Environmental Protection Agency (EPA)                   whose disclosure is restricted by statute.             9104 or via electronic mail at huey.joel@
                                               to redesignate the Atlanta, Georgia, fine               Do not submit through                                  epa.gov.
                                                                                                                                                              SUPPLEMENTARY INFORMATION:
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                                               particulate matter (PM2.5) nonattainment                www.regulations.gov or email,
                                               area (hereafter referred to as the                      information that you consider to be CBI                Table of Contents
                                               ‘‘Atlanta Area’’ or ‘‘Area’’) to attainment             or otherwise protected. The
                                               for the 1997 Annual PM2.5 national                      www.regulations.gov Web site is an                     I. What are the actions EPA is proposing to
                                                                                                                                                                   take?
                                               ambient air quality standards (NAAQS)                   ‘‘anonymous access’’ system, which                     II. What is the background for EPA’s
                                               and to approve a state implementation                   means EPA will not know your identity                       proposed actions?
                                               plan (SIP) revision containing a                        or contact information unless you                      III. What are the criteria for redesignation?
                                               maintenance plan for the Atlanta Area.                  provide it in the body of your comment.                IV. Why is EPA proposing these actions?



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                                                                       Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Proposed Rules                                                        1145

                                               V. What is EPA’s analysis of the request?               road MVEBs for the mobile source                       secondary PM2.5 are sulfur dioxide
                                               VI. What is the effect of the January 4, 2013,          contribution of NOX and direct PM2.5 to                (SO2), NOX, ammonia, and volatile
                                                    D.C. Circuit decision regarding PM2.5              the air quality problem in the Atlanta                 organic compounds (VOC). See 72 FR
                                                    implementation under subpart 4?
                                                                                                       Area for transportation conformity                     20586, 20589 (April 25, 2007). Sulfates
                                               VII. What is EPA’s analysis of Georgia’s
                                                    proposed NOX and PM2.5 MVEBs for the               purposes. EPA is proposing to approve                  are a type of secondary particle formed
                                                    Atlanta Area?                                      the 2024 MVEBs for NOX and PM2.5 for                   from SO2 emissions of power plants and
                                               VIII. What is the status of EPA’s adequacy              the Atlanta Area and incorporate them                  industrial facilities. Nitrates, another
                                                    determination for the proposed NOX and             in to the Georgia SIP.                                 common type of secondary particle, are
                                                    PM2.5 MVEBs for 2024 for the Atlanta                  EPA also proposes to determine that                 formed from NOX emissions of power
                                                    area?                                              the Atlanta Area has met the                           plants, automobiles, and other
                                               IX. Proposed Actions on the Redesignation               requirements for redesignation under                   combustion sources.
                                                    Request and Maintenance Plan SIP                   section 107(d)(3)(E) of the CAA.                          On July 18, 1997, EPA promulgated
                                                    Revisions Including Approval of the                                                                       the first air quality standards for PM2.5.
                                                    NOX and PM2.5 MVEBs for 2024 for the               Accordingly, in this action, EPA is
                                                    Atlanta Area.                                      proposing to approve a request to                      EPA promulgated an annual standard at
                                               X. Statutory and Executive Order Reviews                change the legal designation of the                    a level of 15 micrograms per cubic meter
                                                                                                       Barrow, Bartow, Carroll, Cherokee,                     (mg/m3), based on a 3-year average of
                                               I. What are the actions EPA is                          Clayton, Cobb, Coweta, DeKalb,                         annual mean PM2.5 concentrations. In
                                               proposing to take?                                      Douglas, Fayette, Forsyth, Fulton,                     the same rulemaking, EPA promulgated
                                                  EPA is proposing to take the following               Gwinnett, Hall, Henry, Newton,                         a 24-hour standard of 65 mg/m3, based
                                               three separate but related actions, one of              Paulding, Rockdale, Spalding, Walton,                  on a 3-year average of the 98th
                                               which involves multiple elements: (1)                   and portions of Heard and Putnam                       percentile of 24-hour concentrations. On
                                               To determine that the Atlanta Area is                   Counties in Georgia from nonattainment                 October 17, 2006, EPA retained the
                                               continuing to attain the 1997 Annual                    to attainment for the 1997 Annual PM2.5                annual average NAAQS at 15 mg/m3 but
                                               PM2.5 NAAQS; (2) to approve Georgia’s                   NAAQS.                                                 revised the 24-hour NAAQS to 35 mg/
                                               plan for maintaining the 1997 Annual                       EPA is also notifying the public of the             m3, based again on the 3-year average of
                                               PM2.5 NAAQS for the Atlanta Area                        status of EPA’s adequacy process for the               the 98th percentile of 24-hour
                                               (maintenance plan), including the                       2024 NOX and PM2.5 MVEBs for the                       concentrations.3 See 71 FR 61144. Under
                                               associated MVEBs, into Georgia SIP; and                 Atlanta Area. The Adequacy comment                     EPA regulations at 40 CFR part 50, the
                                               (3) to redesignate the Atlanta Area to                  period began on February 21, 2013, with                primary and secondary 1997 Annual
                                               attainment for the 1997 Annual PM2.5                    EPA’s posting of the availability of                   PM2.5 NAAQS are attained when the
                                               NAAQS. EPA is also notifying the                        Georgia’s submission on EPA’s                          annual arithmetic mean concentration,
                                               public of the status of EPA’s adequacy                  Adequacy Web site (http://                             as determined in accordance with 40
                                               determination for the MVEBs for the                     www.epa.gov/otaq/stateresources/                       CFR part 50, Appendix N, is less than
                                               Atlanta Area. The Atlanta Area is                       transconf/currsips.htm#atlanta0221).                   or equal to 15.0 mg/m3 at all relevant
                                               comprised of twenty whole counties                      The Adequacy comment period for                        monitoring sites in the subject area
                                               and two partial counties in Georgia:                    these MVEBs closed on March 25, 2013.                  averaged over a 3-year period.
                                               Barrow, Bartow, Carroll, Cherokee,                      No comments, adverse or otherwise,                        On January 5, 2005, and
                                               Clayton, Cobb, Coweta, DeKalb,                          were received through the Adequacy                     supplemented on April 14, 2005, EPA
                                               Douglas, Fayette, Forsyth, Fulton,                      process. Please see section VIII of this               designated the Atlanta Area as
                                               Gwinnett, Hall, Henry, Newton,                          proposed rulemaking for further                        nonattainment for the 1997 PM2.5
                                               Paulding, Rockdale, Spalding, Walton,                   explanation of this process and for more               NAAQS. See 70 FR 944 and 70 FR
                                               and portions of Heard and Putnam                        details on the MVEBs.                                  19844, respectively. On November 13,
                                               Counties. Today’s proposed actions are                     In summary, today’s notice of                       2009, EPA promulgated designations for
                                               summarized below and described in                       proposed rulemaking is in response to                  the 24-hour PM2.5 NAAQS established
                                               great detail in this notice of proposed                 Georgia’s August 30, 2012,                             in 2006 and designated all counties of
                                               rulemaking.                                             redesignation request and associated SIP               the Atlanta Area as unclassifiable/
                                                  EPA is making the preliminary                        submission that address the specific                   attainment for that standard. See 74 FR
                                               determination that the Atlanta Area is                  issues summarized above and the                        58688. EPA did not promulgate
                                               continuing to attain the 1997 Annual                    necessary elements for redesignation                   designations for the 2006 Annual PM2.5
                                               PM2.5 NAAQS based on recent air                         described in section 107(d)(3)(E) of the               NAAQS because that NAAQS was
                                               quality data 1 and proposing to approve                 CAA.                                                   essentially identical to the 1997 Annual
                                               Georgia’s 1997 Annual PM2.5 NAAQS                                                                              PM2.5 NAAQS. The November 13, 2009,
                                                                                                       II. What is the background for EPA’s
                                               maintenance plan for the Atlanta Area
                                                                                                       proposed actions?                                      windblown dust and elemental carbon from
                                               (such approval being one of the Clean
                                                                                                          Fine particle pollution can be emitted              combustion sources are less significant contributors
                                               Air Act (CAA or Act) criteria for                                                                              to total PM2.5. VOCs, also precursors for PM, are
                                               redesignation to attainment status). The                directly or formed secondarily in the                  emitted from a variety of sources, including motor
                                               maintenance plan is designed to help                    atmosphere.2 The main precursors of                    vehicles, chemical plants, refineries, factories,
                                               keep the Atlanta Area in attainment for                                                                        consumer and commercial products, and other
                                                                                                          2 Fine particulate matter, or PM , refers to        industrial sources. VOCs also are emitted by natural
                                               the 1997 Annual PM2.5 NAAQS through                                                        2.5
                                                                                                                                                              sources such as vegetation.
                                                                                                       airborne particles less than or equal to 2.5
                                               2024. As explained in Section V below,                  micrometers in diameter. Although treated as a            3 In response to legal challenges of the annual
                                               EPA is also proposing to determine that
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                                                                                                       single pollutant, fine particles come from many        standard promulgated in 2006, the United States
                                               attainment can be maintained through                    different sources and are composed of many             Court of Appeals for the District of Columbia
                                               2025. The maintenance plan that EPA is                  different compounds. In the Atlanta Area, one of       Circuit (D.C. Circuit) remanded that NAAQS to EPA
                                                                                                       the largest components of PM2.5 is sulfate, which is   for further consideration. See American Farm
                                               proposing to approve today includes on-                 formed through various chemical reactions from the     Bureau Federation and National Pork Producers
                                                                                                       precursor SO2. The other major component of PM2.5      Council, et al. v. EPA, 559 F.3d 512 (D.C. Cir. 2009).
                                                  1 As discussed in section V below, this proposed     is organic carbon, which originates predominantly      However, given that the 1997 and 2006 Annual
                                               determination is also based on EPA’s December 8,        from biogenic emission sources. Nitrate, which is      NAAQS are essentially identical, attainment of the
                                               2011, determination that the Atlanta Area was           formed from the precursor NOX, is also a               1997 Annual NAAQS would also indicate
                                               attaining the standard at that time. 76 FR 76620.       component of PM2.5. Crustal materials from             attainment of the remanded 2006 Annual NAAQS.



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                                               1146                    Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Proposed Rules

                                               action also clarified that all counties of              The Atlanta Area’s design value,4 based                  3. ‘‘Part D New Source Review (Part
                                               the Atlanta Area were designated                        on data from 2008 through 2010, is                     D NSR) Requirements for Areas
                                               unclassifiable/attainment for the 1997                  below 15.0 mg/m3, which demonstrates                   Requesting Redesignation to
                                               24-hour PM2.5 NAAQS through the                         attainment of the standard. While                      Attainment,’’ Memorandum from Mary
                                               designations promulgated on January 5,                  annual PM2.5 concentrations are                        D. Nichols, Assistant Administrator for
                                               2005. Therefore, the Area is designated                 dependent on a variety of conditions,                  Air and Radiation, October 14, 1994.
                                               nonattainment for the 1997 Annual                       the overall improvement in annual
                                                                                                                                                              IV. Why is EPA proposing these
                                               PM2.5 NAAQS, and today’s action only                    PM2.5 concentrations in the Atlanta Area
                                                                                                                                                              actions?
                                               addresses that designation.                             can be attributed to the reduction of
                                                  All 1997 PM2.5 NAAQS areas were                      pollutant emissions, as discussed in                      On August 30, 2012, the State of
                                               originally designated under subpart 1 of                more detail in Section V of this                       Georgia, through the GA EPD, requested
                                               title I, part D, of the CAA. Subpart 1                  proposed rulemaking.                                   that EPA redesignate the Atlanta Area to
                                               contains the general requirements for                                                                          attainment for the 1997 Annual PM2.5
                                                                                                       III. What are the criteria for                         NAAQS. EPA’s evaluation indicates that
                                               nonattainment areas for any pollutant                   redesignation?
                                               governed by a NAAQS and is less                                                                                the Area has attained the 1997 PM2.5
                                               prescriptive than the other subparts of                    The CAA provides the requirements                   NAAQS and meets the requirements for
                                               title I, part D. On April 25, 2007, EPA                 for redesignating a nonattainment area                 redesignation set forth in section
                                               promulgated its Clean Air Fine Particle                 to attainment. Specifically, section                   107(d)(3)(E), including the maintenance
                                               Implementation Rule, codified at 40                     107(d)(3)(E) of the CAA allows for                     plan requirements under section 175A
                                               CFR part 51, subpart Z, in which the                    redesignation provided the following                   of the CAA. As a result, EPA is
                                               Agency provided guidance for state and                  criteria are met: (1) The Administrator                proposing to take the three related
                                               tribal plans to implement the 1997 PM2.5                determines that the area has attained the              actions summarized in section I of this
                                               NAAQS. See 72 FR 20664. This rule, at                   applicable NAAQS; (2) the                              notice.
                                               40 CFR 51.1004(c), specifies some of the                Administrator has fully approved the
                                                                                                                                                              V. What is EPA’s analysis of the
                                               regulatory results of attaining the                     applicable implementation plan for the
                                                                                                                                                              request?
                                               NAAQS, as discussed below. The D.C.                     area under section 110(k); (3) the
                                                                                                       Administrator determines that the                         As stated above, in accordance with
                                               Circuit remanded the Clean Air Fine                                                                            the CAA, EPA proposes in today’s
                                               Particle Implementation Rule and the                    improvement in air quality is due to
                                                                                                       permanent and enforceable reductions                   action to: (1) Make the determination
                                               final rule entitled ‘‘Implementation of                                                                        that the Atlanta Area continues to attain
                                                                                                       in emissions resulting from
                                               the New Source Review (NSR) Program                                                                            the 1997 Annual PM2.5 NAAQS; (2)
                                                                                                       implementation of the applicable SIP
                                               for Particulate Matter Less than 2.5                                                                           approve the 1997 Annual PM2.5 NAAQS
                                                                                                       and applicable Federal air pollutant
                                               Micrometers (PM2.5)’’ (73 FR 28321,                                                                            maintenance plan for the Atlanta Area,
                                                                                                       control regulations and other permanent
                                               May 16, 2008) (collectively, ‘‘1997 PM2.5                                                                      including the associated MVEBs, into
                                                                                                       and enforceable reductions; (4) the
                                               Implementation Rules’’) to EPA on                                                                              the Georgia SIP as described below; and
                                                                                                       Administrator has fully approved a
                                               January 4, 2013, in Natural Resources                                                                          (3) redesignate the Atlanta Area to
                                                                                                       maintenance plan for the area as
                                               Defense Council v. EPA, 706 F.3d 428                                                                           attainment for the 1997 Annual PM2.5
                                                                                                       meeting the requirements of section
                                               (D.C. Cir. 2013). The Court found that                                                                         NAAQS. The five redesignation criteria
                                                                                                       175A; and (5) the state containing such
                                               EPA erred in implementing the 1997                                                                             provided under CAA section
                                                                                                       area has met all requirements applicable
                                               PM2.5 NAAQS pursuant to the general                     to the area under section 110 and part                 107(d)(3)(E) are discussed in greater
                                               implementation provisions of subpart 1                  D of title I of the CAA.                               detail for the Atlanta Area in the
                                               of Part D of Title I of the CAA rather                     On April 16, 1992, EPA provided                     following paragraphs of this section.
                                               than the particulate matter-specific                    guidance on redesignation in the
                                               provisions of subpart 4 of part D of title                                                                     Criteria (1)—The Atlanta Area Has
                                                                                                       General Preamble for the
                                               I. The effect of the Court’s ruling on this             Implementation of title I of the CAA                   Attained the 1997 Annual PM2.5 NAAQS
                                               proposed redesignation action is                        Amendments of 1990 (57 FR 13498),                         For redesignating a nonattainment
                                               discussed in detail in Section VI of this               and the Agency supplemented this                       area to attainment, the CAA requires
                                               notice.                                                 guidance on April 28, 1992 (57 FR                      EPA to determine that the area has
                                                  The 3-year ambient air quality data for              18070). EPA has provided further                       attained the applicable NAAQS (CAA
                                               2008–2010 indicated no violations of                    guidance on processing redesignation                   section 107(d)(3)(E)(i)). For PM2.5, an
                                               the 1997 PM2.5 NAAQS for the Atlanta                    requests in the following documents:                   area may be considered to be attaining
                                               Area. As a result, on August 30, 2012,                     1. ‘‘Procedures for Processing                      the 1997 Annual PM2.5 NAAQS if it
                                               Georgia requested redesignation of the                  Requests to Redesignate Areas to                       meets the standards, as determined in
                                               Atlanta Area to attainment for the 1997                 Attainment,’’ Memorandum from John                     accordance with 40 CFR 50.13 and
                                               Annual PM2.5 NAAQS. The                                 Calcagni, Director, Air Quality                        Appendix N of part 50, based on three
                                               redesignation request includes three                    Management Division, September 4,                      complete, consecutive calendar years of
                                               years of ambient air quality data,                      1992 (hereafter referred to as the                     quality-assured air quality monitoring
                                               certified as quality-assured by the State               ‘‘Calcagni Memorandum’’);                              data. To attain these NAAQS, the 3-year
                                               of Georgia, for the 1997 Annual PM2.5                      2. ‘‘State Implementation Plan (SIP)                average of the annual arithmetic mean
                                               NAAQS for 2008–2010, indicating that                    Actions Submitted in Response to Clean                 concentration, as determined in
                                               the 1997 PM2.5 NAAQS had been                           Air Act (CAA) Deadlines,’’                             accordance with 40 CFR part 50,
                                               achieved for the Atlanta Area. Under the                Memorandum from John Calcagni,
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                                                                                                                                                              Appendix N, must be less than or equal
                                               CAA, nonattainment areas may be                         Director, Air Quality Management                       to 15.0 mg/m3 at all relevant monitoring
                                               redesignated to attainment if sufficient                Division, October 28, 1992; and                        sites in the subject area over a 3-year
                                               quality-assured data is available for the                                                                      period. The relevant data must be
                                               Administrator to determine that the area                  4 Design values are the metrics that are compared
                                                                                                                                                              collected and quality-assured in
                                               has attained the standard and the area                  to the NAAQS levels to determine attainment. The
                                                                                                       annual design value is calculated as the average of
                                                                                                                                                              accordance with 40 CFR part 58 and
                                               meets the other CAA redesignation                       three consecutive annual means. See 40 CFR part        recorded in the EPA Air Quality System
                                               requirements in section 107(d)(3)(E).                   50, Appendix N.                                        (AQS) database. The monitors generally


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                                                                                Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Proposed Rules                                                              1147

                                               should have remained at the same                                           the seven PM2.5 monitoring stations, and               part 50, Appendix N. However, based
                                               location for the duration of the                                           that data indicates that the Atlanta Area              upon the analysis described in the
                                               monitoring period required for                                             continues to attain the 1997 Annual                    monitoring Technical Support
                                               demonstrating attainment.                                                  PM2.5 NAAQS.                                           Document (TSD) located in the docket
                                                  On December 8, 2011, EPA                                                  As shown in Table 1 below, the                       for today’s action, EPA has
                                               determined that the Atlanta Area was                                       monitors in the Atlanta Area that have                 preliminarily determined that the upper
                                               attaining the 1997 Annual PM2.5                                            collected complete data since 2010 all                 end of the probable range for the 2014
                                               NAAQS and that the Area had attained                                       have three-year average PM2.5                          design value at the Fire Station No. 8
                                               the NAAQS by the applicable                                                concentrations (i.e., design values) that
                                                                                                                                                                                 monitor (11.1 mg/m3) is well below the
                                               attainment date of April 5, 2010.5 See 76                                  are in attainment with the 1997 Annual
                                                                                                                                                                                 NAAQS. On the basis of this review,
                                               FR 76620. For that action, EPA reviewed                                    PM2.5 NAAQS and are trending
                                               PM2.5 monitoring data from monitoring                                      downward overall. The most recent                      EPA has preliminarily concluded that
                                               stations in the Atlanta Area for the 1997                                  available design value is for 2014 and is              the Atlanta Area continues to meet the
                                               Annual PM2.5 NAAQS for 2007 through                                        based on the 3-year period 2012–2014.                  1997 Annual PM2.5 NAAQS of 15.0 mg/
                                               2010. Those data were quality-assured                                      The Fire Station No. 8 monitor had                     m3 for the period 2012–2014, the most
                                               and recorded in AQS. For today’s                                           incomplete data during the 3rd quarter                 recent 3-year period of certified data
                                               proposed action, EPA has reviewed all                                      of 2012 and is not eligible for the high               availability.
                                               PM2.5 monitoring data after 2010 from                                      value data substitution test in 40 CFR

                                                           TABLE 1—DESIGN VALUE CONCENTRATIONS FOR THE ATLANTA AREA FOR THE 1997 ANNUAL PM2.5 NAAQS
                                                                                                                                                [μg/m3]

                                                                                                                                                                                3-Year design values
                                                                                 Location                                             Site ID
                                                                                                                                                       2008–2010       2009–2011         2010–2012     2011–2013       2012–2014

                                               Georgia DOT ................................................................         13–063–0091                12.9            12.6             12.3           11.1            10.3
                                               GA National Guard ......................................................             13–067–0003                12.3          * 11.7           * 11.3         * 10.4            10.0
                                               Powder Springs # ..........................................................          13–067–0004              * 11.9          * 11.3             11.1             NA             NA
                                               South DeKalb ...............................................................         13–089–0002                12.1            11.9             11.5           10.5             9.9
                                               Police Dept. # ................................................................      13–089–2001                12.3          * 11.8           * 11.3             NA             NA
                                               E. Rivers School # ........................................................          13–121–0032                12.3          * 11.8           * 11.3             NA             NA
                                               Fire Station No. 8 .........................................................         13–121–0039              * 11.4            13.2             13.0         * 11.6          * 11.0
                                               Gwinnett Tech ..............................................................         13–135–0002                12.1          * 11.6           * 11.2         * 10.1             9.5
                                               Gainesville ....................................................................     13–139–0003                11.2            10.7             10.4             9.5            8.9
                                               Yorkville ........................................................................   13–223–0003                11.0          * 10.6           * 10.3           * 9.3            8.7
                                                  * Data is incomplete.
                                                  # Monitor shut down at the end of 2012 in accordance the State’s federally approved monitoring network plan.




                                                 The most recent data indicate the                                        under section 110(k) for the area (CAA                 a. The Atlanta Area Has Met All
                                               Atlanta Area continues to attain the                                       section 107(d)(3)(E)(ii)). EPA proposes                Applicable Requirements Under Section
                                               1997 Annual PM2.5 NAAQS beyond the                                         to find that Georgia has met all                       110 and Part D of the CAA
                                               submitted 3-year attainment period of                                      applicable SIP requirements for the
                                               2008–2010. If the Area does not                                            Atlanta Area under section 110 of the                     General SIP requirements. Section
                                               continue to attain before EPA finalizes                                    CAA (general SIP requirements) and                     110(a)(2) of title I of the CAA delineates
                                               the redesignation, EPA will not go                                         that the Georgia SIP satisfies the                     the general requirements for a SIP,
                                               forward with the redesignation. As                                         criterion that it meets applicable SIP                 which include enforceable emissions
                                               discussed in more detail below, GA EPD                                     requirements for purposes of                           limitations and other control measures,
                                               has committed to continue monitoring                                       redesignation under part D of title I of               means, or techniques; provisions for the
                                               in this Area in accordance with 40 CFR                                     the CAA (requirements specific to 1997                 establishment and operation of
                                               part 58.                                                                   Annual PM2.5 nonattainment areas) in                   appropriate devices necessary to collect
                                                                                                                          accordance with section 107(d)(3)(E)(v).               data on ambient air quality; and
                                               Criteria (5)—Georgia Has Met All                                           Further, EPA proposes to determine that                programs to enforce the limitations.
                                               Applicable Requirements Under Section                                      the SIP is fully approved with respect to              General SIP elements and requirements
                                               110 and Part D of the CAA; and Criteria                                    all requirements applicable for purposes               are delineated in section 110(a)(2) of
                                               (2)—Georgia Has a Fully Approved SIP                                       of redesignation in accordance with                    title I, part A of the CAA. These
                                               Under Section 110(k) for the Atlanta                                       section 107(d)(3)(E)(ii). In making these              requirements include, but are not
                                               Area                                                                       determinations, EPA ascertained which                  limited to, the following: Submittal of a
                                                  For redesignating a nonattainment                                       requirements are applicable to the Area                SIP that has been adopted by the state
                                               area to attainment, the CAA requires                                       and, if applicable, that they are fully                after reasonable public notice and
                                               EPA to determine that the state has met                                    approved under section 110(k). SIPs                    hearing; provisions for establishment
                                               all applicable requirements under                                          must be fully approved only with                       and operation of appropriate procedures
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                                               section 110 and part D of title I of the                                   respect to requirements that were                      needed to monitor ambient air quality;
                                               CAA (CAA section 107(d)(3)(E)(v)) and                                      applicable prior to submittal of the                   implementation of a source permit
                                               that the state has a fully approved SIP                                    complete redesignation request.                        program; provisions for the
                                                 5 The design value for an area is the highest 3-                         based its redesignation request (2008–2010) for the    the Atlanta Area. See 76 FR 76620 (December 8,
                                               year average of annual mean concentrations                                 Atlanta Area is 12.9 mg/m3, which is below the 1997    2011).
                                               recorded at any monitor in the area. Therefore, the                        Annual PM2.5 NAAQS. Additional details can be
                                               3-year design value for the period on which Georgia                        found in EPA’s final clean data determination for



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                                               1148                    Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Proposed Rules

                                               implementation of part C requirements                      In any event, on October 25, 2012,                  final determination that the Atlanta
                                               (Prevention of Significant Deterioration                EPA approved all infrastructure SIP                    Area is attaining the PM2.5 standard
                                               (PSD)) and provisions for the                           elements required under section                        suspended Georgia’s obligation to
                                               implementation of part D requirements                   110(a)(2) for the 1997 Annual PM2.5                    submit most of the attainment planning
                                               (NSR permit programs); provisions for                   NAAQS with the exception of the                        requirements that would otherwise
                                               air pollution modeling; and provisions                  visibility element under section                       apply.
                                               for public and local agency participation               110(a)(2)(D)(i)(II) (also known as ‘‘prong                EPA’s longstanding interpretation of
                                               in planning and emission control rule                   4’’). See 77 FR 65125. EPA approved                    the nonattainment planning
                                               development.                                            prong 4 for the 1997 Annual PM2.5                      requirements of section 172 is that once
                                                  Section 110(a)(2)(D) requires that SIPs              NAAQS on May 7, 2014. See 79 FR                        an area is attaining the NAAQS, those
                                               contain certain measures to prevent                     26143. These requirements are                          requirements are not ‘‘applicable’’ for
                                               sources in a state from significantly                   statewide requirements that are not                    purposes of CAA section 107(d)(3)(E)(ii)
                                               contributing to air quality problems in                 linked to the PM2.5 nonattainment status               and therefore need not be approved into
                                               another state. To implement this                        of the Atlanta Area, and thus, as stated               the SIP before EPA can redesignate the
                                               provision, EPA has required certain                     above, EPA does not believe these                      area. In the 1992 General Preamble for
                                               states to establish programs to address                 section 110 elements to be applicable                  Implementation of Title I, EPA set forth
                                               the interstate transport of air pollutants.             for purposes of this redesignation.                    its interpretation of applicable
                                               The section 110(a)(2)(D) requirements                   Therefore, EPA believes it has approved                requirements for purposes of evaluating
                                               for a state are not linked with a                       all SIP elements under section 110 that                redesignation requests when an area is
                                               particular nonattainment area’s                         must be approved as a prerequisite for                 attaining a standard. See 57 FR 13498,
                                               designation and classification in that                  the redesignation to attainment of the                 13564 (April 16, 1992). EPA noted that
                                               state. EPA believes that the                            Atlanta Area.                                          the requirements for reasonable further
                                               requirements linked with a particular                      Title I, Part D, subpart 1 applicable               progress (RFP) and other measures
                                               nonattainment area’s designation and                    SIP requirements. EPA proposes to                      designed to provide for attainment do
                                               classification are the relevant measures                determine that the Georgia SIP meets                   not apply in evaluating redesignation
                                               to evaluate in reviewing a redesignation                the applicable SIP requirements for the                requests because those nonattainment
                                               request. The transport SIP submittal                    Atlanta Area for purposes of                           planning requirements ‘‘have no
                                               requirements, where applicable,                         redesignation under part D of the CAA.                 meaning’’ for an area that has already
                                               continue to apply to a state regardless of              Subpart 1 of part D, found in sections                 attained the standard. Id. This
                                                                                                       172–176 of the CAA, sets forth the basic               interpretation was also set forth in the
                                               the designation of any one particular
                                                                                                       nonattainment requirements applicable                  Calcagni Memorandum. EPA’s
                                               area in the state. Thus, EPA does not
                                                                                                       to all nonattainment areas. All areas that             understanding of section 172 also forms
                                               believe that the CAA’s interstate
                                                                                                       were designated nonattainment for the                  the basis of its Clean Data Policy, which
                                               transport requirements should be
                                                                                                       1997 Annual PM2.5 NAAQS were                           was articulated with regard to PM2.5 in
                                               construed to be applicable requirements
                                                                                                       designated under subpart 1 of the CAA.                 40 CFR 51.1004(c), and suspends a
                                               for purposes of redesignation.
                                                                                                       For purposes of evaluating this                        state’s obligation to submit most of the
                                                  In addition, EPA believes other                      redesignation request, the applicable                  attainment planning requirements that
                                               section 110 elements that are neither                   part D, subpart 1 SIP requirements for                 would otherwise apply, including an
                                               connected with nonattainment plan                       all nonattainment areas are contained in               attainment demonstration and planning
                                               submissions nor linked with an area’s                   sections 172(c)(1)–(9) and in section                  SIPs to provide for RFP, RACM, and
                                               attainment status are not applicable                    176. A thorough discussion of the                      contingency measures under section
                                               requirements for purposes of                            requirements contained in sections 172                 172(c)(9).6 Courts have upheld EPA’s
                                               redesignation. The area will still be                   and 176 can be found in the General                    interpretation of section 172(c)(1)’s
                                               subject to these requirements after the                 Preamble for Implementation of title I.                ‘‘reasonably available’’ control measures
                                               area is redesignated. The section 110                   See 57 FR 13498 (April 16, 1992).                      and control technology as meaning only
                                               and part D requirements which are                       Section VI of this proposed rulemaking                 those controls that advance attainment,
                                               linked with a particular area’s                         notice discusses the relationship                      which precludes the need to require
                                               designation and classification are the                  between this proposed redesignation                    additional measures where an area is
                                               relevant measures to evaluate in                        action and subpart 4 of Part D.                        already attaining. NRDC v. EPA, 571
                                               reviewing a redesignation request. This                    Subpart 1 Section 172 Requirements.                 F.3d 1245, 1252 (D.C. Cir. 2009); Sierra
                                               approach is consistent with EPA’s                       Section 172(c)(1) requires the plans for               Club v. EPA, 294 F.3d 155, 162 (D.C.
                                               existing policy on applicability (i.e., for             all nonattainment areas to provide for                 Cir. 2002); Sierra Club v. EPA, 314 F.3d
                                               redesignations) of conformity and                       the implementation of all reasonably                   735, 744 (5th Cir. 2002).
                                               oxygenated fuels requirements, as well                  available control measures (RACM) as                      Therefore, because attainment has
                                               as with section 184 ozone transport                     expeditiously as practicable and to                    been reached in the Atlanta Area, no
                                               requirements. See Reading,                              provide for attainment of the NAAQS.                   additional measures are needed to
                                               Pennsylvania, proposed and final                        EPA interprets this requirement to                     provide for attainment, and section
                                               rulemakings (61 FR 53174–53176,                         impose a duty on all nonattainment                     172(c)(1) requirements for an attainment
                                               October 10, 1996), (62 FR 24826, May 7,                 areas to consider all available control                demonstration and RACM are no longer
                                               1997); Cleveland-Akron-Loraine, Ohio,                   measures and to adopt and implement                    considered to be applicable for purposes
                                               final rulemaking (61 FR 20458, May 7,                   such measures as are reasonably                        of redesignation as long as the Area
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                                               1996); and Tampa, Florida, final                        available for implementation in each                   continues to attain the standard until
                                               rulemaking at (60 FR 62748, December                    area as components of the area’s
                                               7, 1995). See also the discussion on this               attainment demonstration. Under                           6 This regulation was promulgated as part of the

                                               issue in the Cincinnati, Ohio,                          section 172, states with nonattainment                 1997 PM2.5 NAAQS implementation rule that was
                                               redesignation (65 FR 37890, June 19,                    areas must submit plans providing for                  subsequently challenged and remanded in NRDC v.
                                                                                                                                                              EPA, 706 F.3d 428 (D.C. Cir. 2013), as discussed in
                                               2000) and in the Pittsburgh,                            timely attainment and meeting a variety                Section VI of this notice. However, the Clean Data
                                               Pennsylvania, redesignation (66 FR                      of other requirements. However,                        Policy portion of the implementation rule was not
                                               50399, October 19, 2001).                               pursuant to 40 CFR 51.1004(c), EPA’s                   at issue in that case.



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                                                                       Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Proposed Rules                                              1149

                                               redesignation. The section 172(c)(2)                       176 Conformity Requirements.                        of 1970, Georgia has adopted and
                                               requirement that nonattainment plans                    Section 176(c) of the CAA requires                     submitted, and EPA has fully approved
                                               contain provisions promoting                            states to establish criteria and                       at various times, provisions addressing
                                               reasonable further progress toward                      procedures to ensure that federally-                   the various SIP elements applicable for
                                               attainment is also not relevant for                     supported or funded projects conform to                the 1997 Annual PM2.5 NAAQS in the
                                               purposes of redesignation because EPA                   the air quality planning goals in the                  Atlanta Area (e.g., 77 FR 65125 (October
                                               has determined that the Atlanta Area                    applicable SIP. The requirement to                     25, 2012)).
                                               has monitored attainment of the 1997                    determine conformity applies to                           As indicated above, EPA believes that
                                               Annual PM2.5 NAAQS. In addition,                        transportation plans, programs, and                    the section 110 elements that are neither
                                               because the Atlanta Area has attained                   projects that are developed, funded, or                connected with nonattainment plan
                                               the 1997 Annual PM2.5 NAAQS and is                      approved under title 23 of the United                  submissions nor linked to the area’s
                                               no longer subject to a RFP requirement,                 States Code (U.S.C.) and the Federal                   nonattainment status are not applicable
                                               the requirement to submit the section                   Transit Act (transportation conformity)                requirements for purposes of
                                               172(c)(9) contingency measures is not                   as well as to all other federally-                     redesignation. EPA has approved all
                                               applicable for purposes of                              supported or funded projects (general                  part D requirements applicable for
                                               redesignation. Section 172(c)(6) requires               conformity). State transportation                      purposes of this redesignation.
                                               the SIP to contain control measures                     conformity SIP revisions must be                       Criteria (3)—The Air Quality
                                               necessary to provide for attainment of                  consistent with federal conformity                     Improvement in the Atlanta Area Is Due
                                               the NAAQS. Because attainment has                       regulations relating to consultation,                  to Permanent and Enforceable
                                               been reached, no additional measures                    enforcement, and enforceability that                   Reductions in Emissions Resulting From
                                               are needed to provide for attainment.                   EPA promulgated pursuant to its                        Implementation of the SIP and
                                                  Section 172(c)(3) requires submission                authority under the CAA.                               Applicable Federal Air Pollution
                                               for approval a comprehensive, accurate,                    EPA believes that it is reasonable to
                                                                                                                                                              Control Regulations and Other
                                               and current inventory of actual                         interpret the conformity SIP
                                                                                                                                                              Permanent and Enforceable Reductions
                                               emissions. On March 1, 2012, EPA                        requirements 7 as not applying for
                                                                                                       purposes of evaluating the redesignation                 For redesignating a nonattainment
                                               approved Georgia’s 2002 base-year                                                                              area to attainment, the CAA requires
                                               emissions inventory for the Atlanta                     request under section 107(d) because
                                                                                                       state conformity rules are still required              EPA to determine that the air quality
                                               Area. See 77 FR 12487.                                                                                         improvement in the area is due to
                                                  Section 172(c)(4) requires the                       after redesignation and federal
                                                                                                       conformity rules apply where state rules               permanent and enforceable reductions
                                               identification and quantification of                                                                           in emissions resulting from
                                               allowable emissions for major new and                   have not been approved. See Wall v.
                                                                                                       EPA, 265 F.3d 426 (upholding this                      implementation of the SIP and
                                               modified stationary sources to be                                                                              applicable Federal air pollution control
                                               allowed in an area, and section 172(c)(5)               interpretation) (6th Cir. 2001); See 60 FR
                                                                                                       62748 (December 7, 1995). Nonetheless,                 regulations and other permanent and
                                               requires source permits for the                                                                                enforceable reductions (CAA section
                                               construction and operation of new and                   Georgia has an approved conformity SIP
                                                                                                       for the Atlanta Area. See 77 FR 35866                  107(d)(3)(E)(iii)). EPA has preliminarily
                                               modified major stationary sources                                                                              determined that Georgia has
                                               anywhere in the nonattainment area.                     (June 15, 2012).
                                                                                                          Thus, for the reasons discussed above,              demonstrated that the observed air
                                               EPA has determined that, since PSD                                                                             quality improvement in the Atlanta
                                                                                                       the Atlanta Area has satisfied all
                                               requirements will apply after                                                                                  Area is due to permanent and
                                                                                                       applicable requirements for purposes of
                                               redesignation, areas being redesignated                                                                        enforceable reductions in emissions
                                                                                                       redesignation under section 110 and
                                               need not comply with the requirement                                                                           resulting from implementation of the
                                                                                                       part D of the CAA.
                                               that a NSR program be approved prior                                                                           SIP and Federal measures.
                                               to redesignation, provided that the area                b. The Atlanta Area Has a Fully                          Federal measures enacted in recent
                                               demonstrates maintenance of the                         Approved Applicable SIP Under Section                  years have resulted in permanent
                                               NAAQS without part D NSR. A more                        110(k) of the CAA                                      emission reductions in particulate
                                               detailed rationale for this view is                        EPA has fully approved the applicable               matter and its precursors. Most of these
                                               described in a memorandum from Mary                     Georgia SIP for the Atlanta Area for the               emission reductions are enforceable
                                               Nichols, Assistant Administrator for Air                1997 Annual PM2.5 NAAQS under                          through regulations. A few non-
                                               and Radiation, dated October 14, 1994,                  section 110(k) of the CAA for all                      regulatory measures also result in
                                               entitled ‘‘Part D New Source Review                     requirements applicable for purposes of                emission reductions. The Federal
                                               Requirements for Areas Requesting                       redesignation. EPA may rely on prior                   measures that have been implemented
                                               Redesignation to Attainment.’’ Georgia                  SIP approvals in approving a                           include:
                                               has demonstrated that the Atlanta Area                  redesignation request (see Calcagni                      Tier 2 vehicle standards and low-
                                               will be able to maintain the NAAQS                      Memorandum at p. 3; Southwestern                       sulfur gasoline. Implementation of the
                                               without part D NSR in effect, and                       Pennsylvania Growth Alliance v.                        Tier 2 vehicle standards began in 2004,
                                               therefore Georgia need not have fully                   Browner, 144 F.3d 984 (6th Cir. 1998);                 and as newer, cleaner cars enter the
                                               approved part D NSR programs prior to                   Wall, 265 F.3d 426) plus any additional                national fleet, these standards continue
                                               approval of the redesignation request.                  measures it may approve in conjunction                 to significantly reduce NOX emissions.
                                               Georgia’s PSD program will become                       with a redesignation action. See 68 FR                 The standards require all classes of
                                               effective in the Atlanta Area upon                      25426 (May 12, 2003) and citations                     passenger vehicles in any
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                                               redesignation to attainment.                            therein. Following passage of the CAA                  manufacturer’s fleet to meet an average
                                                  Section 172(c)(7) requires the SIP to                                                                       standard of 0.07 grams of NOX per mile.
                                               meet the applicable provisions of                          7 CAA Section 176(c)(4)(E) requires states to       In addition, starting in January of 2006,
                                               section 110(a)(2). As noted above, EPA                  submit revisions to their SIPs to reflect certain      the Tier 2 rule reduced the allowable
                                               believes the Georgia SIP meets the                      federal criteria and procedures for determining        sulfur content of gasoline to 30 parts per
                                                                                                       transportation conformity. Transportation
                                               requirements of section 110(a)(2)                       conformity SIPs are different from the motor vehicle
                                                                                                                                                              million (ppm). Most gasoline sold prior
                                               applicable for purposes of                              emission budgets that are established in control       to this had a sulfur content of
                                               redesignation.                                          strategy SIPs and maintenance plans.                   approximately 300 ppm. EPA expects


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                                               1150                    Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Proposed Rules

                                               that these standards will reduce NOX                    90 percent for NOX and particulate                     (sss) and January 1, 2010, for Rule
                                               emissions from vehicles by                              matter emissions nationwide.                           (uuu).8 By installing and operating FGD
                                               approximately 74 percent by 2030,                          NOX SIP Call. On October 27, 1998                   and SCR controls in accordance with
                                               translating to nearly 3 million tons                    (63 FR 57356), EPA issued the NOX SIP                  Rule (sss), Georgia EGUs also met the
                                               annually by 2030.                                       Call requiring the District of Columbia                requirements of CAIR.
                                                  Heavy-duty gasoline and diesel                       and 22 states to reduce emissions of                      In 2008 the United States Court of
                                               highway vehicle standards & ultra low-                  NOX, a precursor to ozone and PM2.5                    Appeals for the District of Columbia
                                               sulfur diesel rule. On October 6, 2000,                 pollution, and providing a mechanism                   Circuit (D.C. Circuit) initially vacated
                                               EPA promulgated a rule to reduce NOX                    (the NOX Budget Trading Program) that                  CAIR, North Carolina v. EPA, 531 F.3d
                                               and VOC emissions from heavy-duty                       states could use to achieve those                      896 (D.C. Cir. 2008), but ultimately
                                               gasoline and diesel highway vehicles                    reductions. Affected states were                       remanded the rule to EPA without
                                               that began to take effect in 2004. See 65               required to comply with Phase I of the                 vacatur to preserve the environmental
                                               FR 59896. On January 18, 2001, EPA                      SIP Call beginning in 2004 and Phase II                benefits provided by CAIR, North
                                               promulgated a second phase of                           beginning in 2007. By the end of 2008,                 Carolina v. EPA, 550 F.3d 1176, 1178
                                               standards and testing procedures which                  ozone season NOX emissions from                        (D.C. Cir. 2008). On August 8, 2011 (76
                                               began in 2007 to reduce particulate                     sources subject to the NOX SIP Call                    FR 48208), acting on the D.C. Circuit’s
                                               matter emissions from heavy-duty                        dropped by 62 percent from 2000                        remand, EPA promulgated the Cross-
                                               highway engines and reduced the                         emissions levels. All NOX SIP Call states              State Air Pollution Rule (CSAPR) to
                                               maximum highway diesel fuel sulfur                      have SIPs that currently satisfy their                 replace CAIR and thus to address the
                                               content from 500 ppm to 15 ppm. See                     obligations under the NOX SIP Call, and                interstate transport of emissions
                                               66 FR 5002. The total program should                    EPA will continue to enforce the                       contributing to nonattainment and
                                               achieve a 90 percent reduction in PM                    requirements of the NOX SIP Call.                      interfering with maintenance of the two
                                               emissions and a 95 percent reduction in                    CAIR and CSAPR. In its redesignation                air quality standards covered by CAIR as
                                               NOX emissions for new engines using                     request and maintenance plan, the State                well as the 2006 PM2.5 NAAQS. CSAPR
                                               low-sulfur diesel, compared to existing                 identified the Clean Air Interstate Rule               requires substantial reductions of SO2
                                               engines using higher-content sulfur                     (CAIR) as a permanent and enforceable                  and NOX emissions from EGUs in 28
                                               diesel. EPA expects that this rule will                 measure that contributed to attainment                 states in the Eastern United States. As
                                               reduce NOX emissions by 2.6 million                     in the Atlanta Area. Moreover, by 2007,                a general matter, because CSAPR is
                                               tons by 2030 when the heavy-duty                        the beginning of the attainment time                   CAIR’s replacement, emissions
                                               vehicle fleet is completely replaced with               period identified by Georgia, CAIR had                 reductions associated with CAIR will for
                                               newer heavy-duty vehicles that comply                   been promulgated and was achieving                     most areas be made permanent and
                                               with these emission standards.                          emission reductions. CAIR created                      enforceable through implementation of
                                                  Non-road, large spark-ignition                       regional cap-and-trade programs to                     CSAPR.
                                               engines and recreational engines                        reduce SO2 and NOX emissions in 27                        Numerous parties filed petitions for
                                               standards. The non-road spark-ignition                  eastern states, including Georgia, that                review of CSAPR in the D.C. Circuit,
                                               and recreational engine standards,                      contributed to downwind                                and on August 21, 2012, the court
                                               effective in July 2003, regulate NOX,                   nonattainment or interfered with                       issued its ruling, vacating and
                                               hydrocarbons, and carbon monoxide                       maintenance of the 1997 8-hour ozone                   remanding CSAPR to EPA and ordering
                                               from groups of previously unregulated                   NAAQS and the 1997 PM2.5 NAAQS.                        continued implementation of CAIR.
                                               non-road engines. These engine                          See 70 FR 25162 (May 12, 2005).                        EME Homer City Generation, L.P. v.
                                               standards apply to large spark-ignition                    In 2007 the State promulgated Georgia               EPA, 696 F.3d 7, 38 (D.C. Cir. 2012). The
                                               engines (e.g., forklifts and airport                    Rules 391–3–1–.02(2)(sss)—                             D.C. Circuit’s vacatur of CSAPR was
                                               ground service equipment), recreational                 ‘‘Multipollutant Rule’’ (Rule (sss)) and               reversed by the United States Supreme
                                               vehicles (e.g., off-highway motorcycles                 391–3–1–.02(2)(uuu)—‘‘SO2 Emissions                    Court on April 29, 2014, and the case
                                               and all-terrain-vehicles), and                          from Electric Steam Utility Steam                      was remanded to the D.C. Circuit to
                                               recreational marine diesel engines sold                 Generating Units’’ (Rule (uuu)) in                     resolve remaining issues in accordance
                                               in the United States and imported after                 response to CAIR. Rule (sss) requires the              with the high court’s ruling. EPA v. EME
                                               the effective date of these standards.                  installation and operation of flue gas                 Homer City Generation, L.P., 134 S. Ct.
                                               When all of the non-road spark-ignition                 desulfurization (FGD) to control SO2                   1584 (2014). On remand, the D.C.
                                               and recreational engine standards are                   emissions and selective catalytic                      Circuit affirmed CSAPR in most
                                               fully implemented, an overall 72                        reduction (SCR) to control NOX                         respects, but invalidated without
                                               percent reduction in hydrocarbons, 80                   emissions on the majority of the coal-                 vacating some of the CSAPR budgets as
                                               percent reduction in NOX, and 56                        fired electric generating units (EGUs) in              to a number of states. EME Homer City
                                               percent reduction in carbon monoxide                    Georgia, and Rule (uuu) requires a 95                  Generation, L.P. v. EPA, 795 F.3d 118
                                               emissions are expected by 2020. These                   percent reduction in SO2 emissions
                                               controls help reduce ambient                            from those EGUs. Thus, Rules (sss) and                    8 Rule (sss) established the following 2008–2010

                                               concentrations of PM2.5.                                (uuu) act as companion rules for the                   deadlines for FGD operation: December 31, 2008, at
                                                  Large non-road diesel engine                         reduction of SO2 emissions, with Rule                  Plant Bowen Units 3 and 4, Plant Hammond Units
                                                                                                                                                              1 through 4, Plant Wansley Unit 1, and Plant Yates
                                               standards. This rule, which applies to                  (sss) requiring control equipment                      Unit 1; June 1, 2009, at Plant Bowen Unit 2;
                                               diesel engines used in industries such                  installation and Rule (uuu) imposing                   December 31, 2009, at Plant Wansley Unit 2; and
                                               as construction, agriculture, and mining,               SO2 emission limitations. Georgia                      June 1, 2010, at Plant Bowen Unit 1. The Rule
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                                               was promulgated in 2004 and fully                       designed Rules (sss) and (uuu) to                      established the following 2008–2010 deadlines for
                                                                                                                                                              SCR operation: December 31, 2008, at Plant Bowen
                                               phased in by 2014. This rule reduced                    require emissions reductions consistent                Units 3 and 4, Plant Hammond Unit 4, and Plant
                                               allowable non-road diesel fuel sulfur                   with achieving the reductions mandated                 Wansley Unit 1; June 1, 2009, at Plant Bowen Unit
                                               levels from approximately 3,000 ppm to                  by CAIR’s original compliance schedule                 2; December 31, 2009, at Plant Wansley Unit 2; and
                                               500 ppm in 2007 and further reduced                     beginning in 2009. The implementation                  June 1, 2010, at Plant Bowen Unit 1. Plants Bowen
                                                                                                                                                              and Wansley are located in the Atlanta Area, and
                                               those levels to 15 ppm starting in 2010                 dates for Rules (sss) and (uuu) are                    Plant Hammond is located in Floyd County,
                                               (a 99 percent reduction). This rule also                phased-in across the covered EGUs,                     Georgia, which is adjacent to the northwestern
                                               achieved significant reductions of up to                starting on December 31, 2008, for Rule                portion of the Atlanta Area.



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                                                                       Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Proposed Rules                                                        1151

                                               (D.C. Cir. 2015) (EME Homer City II).                   Ohio, South Carolina, and Tennessee.                      concentrations at the ten air quality
                                               The remanded budgets include the                        See 70 FR 25162, 25247–49 (May 12,                        monitors in the Atlanta Area to
                                               Phase 2 SO2 emissions budgets for                       2005). The total annual SO2 emissions                     reductions in SO2 emissions from
                                               Georgia. The Phase 2 annual and ozone                   generated by EGUs in these seven states                   certain Georgia EGUs. The State then
                                               season NOX budgets for Georgia are not                  in 2004, prior to the promulgation of                     estimated, for each monitor, the air
                                               affected by the Court’s decision. The                   CAIR in 2005, was approximately                           quality impact of the SO2 emission
                                               litigation over CSAPR ultimately                        3,814,790 tons. Even though the first                     reductions from Georgia Rule (sss),14
                                               delayed implementation of that rule for                 phase of CAIR implementation for SO2                      and thus from CAIR, that occurred
                                               three years, from January 1, 2012, when                 did not begin until 2010, many sources                    during the relevant time period. Georgia
                                               CSAPR’s cap-and-trade programs were                     began reducing their emissions well in                    estimated that the SO2 controls in place
                                               originally scheduled to replace the CAIR                advance of the first compliance deadline                  due to Rule (sss) by the end of 2009
                                               cap-and-trade programs, to January 1,                   because of the incentives offered by                      reduced the 2008–2010 Annual PM2.5
                                               2015. Thus, the rule’s Phase 2 budgets                  CAIR for early compliance with the rule.                  design value by approximately 0.6 mg/
                                               were originally promulgated to begin on                 Therefore, by 2008, the total annual SO2                  m3. Adding this impact to the highest
                                               January 1, 2014, and are now scheduled                  emissions generated by EGUs in the                        2008–2010 design value for the Atlanta
                                               to begin on January 1, 2017. CSAPR will                 seven states significantly contributing to                Area, 13.6 mg/m3 for the Fire Station No.
                                               continue to operate under the existing                  nonattainment in the Atlanta Area was                     8 site (with data substitution),15 yields
                                               emissions budgets until EPA addresses                   approximately 2,636,952 tons, and by                      a maximum PM2.5 concentration of 14.2
                                               the D.C. Circuit’s remand.                              2010, that volume had decreased to                        mg/m3, meeting the 1997 Annual PM2.5
                                                  Although the State identified CAIR as                approximately 1,814,572 tons.11 The                       standard of 15 mg/m3. The State
                                               a permanent and enforceable measure                     vast majority of the SO2 emission                         therefore concluded that the Area would
                                               that contributed to attainment of the                   reductions in the states upwind of the                    have attained the standard in the 2008–
                                               1997 PM2.5 NAAQS in the Atlanta Area,                   Atlanta Area achieved by CAIR, and                        2010 timeframe even without the SO2
                                               EPA is proposing to approve the                         made permanent by CSAPR, are                              emission reductions, in place by the end
                                               redesignation of the Atlanta Area                       unaffected by the D.C. Circuit’s remand                   of 2009, from Georgia Rule (sss).
                                               without relying the SO2 emissions                       of CSAPR.12                                                  EPA proposes to agree with this
                                               reductions associated with CAIR at                        Regarding the impact of SO2 emission                    analysis and believes that adding the 0.6
                                               Georgia EGUs as having led to                           reductions from Georgia EGUs                              mg/m3 value to the 2008–2010 design
                                               attainment of the 1997 PM2.5 NAAQS or                   associated with CAIR, EPA is proposing                    value is a reasonable estimate of the
                                               contributing to maintenance of that                     to determine that the Atlanta Area                        actual impact of the SO2 emissions
                                               standard.9 In so doing, we are proposing                would have attained the 1997 PM2.5                        reductions due to Rule (sss) and CAIR
                                               to determine that the D.C. Circuit’s                    NAAQS even without those in-state                         at Georgia EGUs. For more information
                                               invalidation of the Georgia CSAPR                       EGU reductions. The Agency has                            about Georgia’s sensitivity analysis and
                                               Phase 2 SO2 emissions budgets does not                  reviewed an analysis submitted by the                     EPA’s review of that analysis, see the
                                               bar today’s proposed redesignation. The                 State on January 10, 2015, and revised                    Rule (sss) impact TSD included in the
                                               Court’s decision did not affect Georgia’s               on November 3, 2015, evaluating the                       docket for this action.16
                                               CSAPR Phase 2 annual NOX emissions                      sensitivity of PM2.5 concentrations in                       State Measures. The State identified
                                               budgets; therefore, CSAPR ensures that                  the Area to SO2 reductions associated                     Rules (sss) and (uuu) and the State’s
                                               the NOX emissions reductions                            with Rule (sss).13 The analysis was                       April 16, 2008 smoke management plan
                                               associated with CAIR at Georgia EGUs                    based on photochemical modeling                           as state control measures that
                                               are permanent and enforceable.10                        conducted by the Visibility                               contributed to attainment of the 1997
                                                  In its redesignation request, Georgia                Improvement State and Tribal                              PM2.5 NAAQS in the Atlanta Area.
                                               noted that a number of states                           Association of the Southeast (VISTAS).                    Although Georgia describes these state
                                               significantly contributed to PM2.5                      The State used this modeling to                           measures in the section of its submittal
                                               concentrations in the Atlanta Area                      determine the sensitivity of PM2.5                        devoted to ‘‘permanent and
                                               based on EPA air quality modeling. EPA
                                                                                                                                                                 enforceable’’ reductions under CAA
                                               identified the Atlanta Area as an area                     11 This data was collected through the Acid Rain

                                                                                                       Program and is available on EPA’s CAMD Web site           section 107(d)(3)(E)(iii), ‘‘enforceable’’
                                               that was significantly impacted by
                                                                                                       at http://www2.epa.gov/airmarkets.                        means federally enforceable. Therefore,
                                               pollution transported from other states                    12 Only two of the seven state Phase 2 SO
                                                                                                                                                      2          state measures that are not approved by
                                               in both CAIR and CSAPR, and these                       budgets were remanded by the D.C. Circuit in EME          EPA into a state’s SIP are not
                                               rules greatly reduced the tons of SO2                   Homer City II, and the emissions from these two
                                                                                                                                                                 ‘‘enforceable’’ for purposes of the CAA.
                                               emissions generated in the states                       states represented only 19.5 percent (515,165 tons)
                                               upwind of the Atlanta Area. The air                     of the total SO2 EGU emissions from the seven             However, EPA does not believe that the
                                               quality modeling performed for the                      significantly contributing states in 2008, 19.3           state measures’ lack of enforceability
                                                                                                       percent (375,913 tons) in 2009, and 16.5 percent          poses a bar to proposed approval of the
                                               CAIR rulemaking identified the                          (298,803 tons) in 2010. The CSAPR Phase 2 SO2
                                               following seven states as having                        budgets for the remaining five states, and the
                                                                                                                                                                 redesignation of the Atlanta Area.
                                                                                                       emissions reductions those budgets require, are              First, as discussed above, EPA
                                               significantly contributed to PM2.5
                                               concentrations in the Atlanta Area:                     unaffected by the Court’s remand and are                  proposes to agree with the State’s
                                                                                                       permanent and enforceable. Moreover, updated air          sensitivity analysis demonstrating that
                                               Alabama, Florida, Indiana, Kentucky,                    quality modeling performed for the CSAPR
                                                                                                       rulemaking identified additional states that
                                                                                                                                                                 the Area would have attained the 1997
                                                  9 The improvement in PM
                                                                            2.5 air quality in the     interfered with Atlanta’s attainment of the 1997
                                                                                                                                                                   14 By the end of 2009, Rule (sss) required FGD
                                                                                                       PM2.5 NAAQS, and SO2 emission reductions from
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                                               Area from nonattainment to attainment is not due
                                               to CSAPR emissions reductions because, as noted         those additional states are unaffected by the D.C.        operation at Plant Bowen Units 2 through 4, Plant
                                               above, CSAPR did not go into effect until January       Circuit’s remand. 76 FR 48207, 48241 (August 8,           Hammond Units 1 through 4, Plant Wansley Units
                                               1, 2015, after the Area was already attaining the       2011).                                                    1 and 2, and Plant Yates Unit 1.
                                                                                                                                                                   15 EPA’s Clean Data Determination for the Atlanta
                                               standard.                                                  13 GA EPD, Sensitivity of Annual PM
                                                                                                                                                2.5 in Atlanta
                                                  10 CAIR and CSAPR established annual NO and
                                                                                                X      to SO2 Emission Reductions Resulting from                 Area describes this data substitution. See 76 FR
                                               SO2 budgets to address nonattainment and                Georgia’s Multipollutant Rule [391–3–1–.02(2)(sss)]       76620 (December 8, 2011).
                                               interference with maintenance of the PM2.5 standard     (attachment to a November 3, 2015, email from               16 EPA Region 4, Technical Support Document for

                                               because, as discussed above in Section II, NOX and      James Boylan, GA EPD, to Joel Huey, EPA Region            Georgia Rule (sss) Impact Analysis (November
                                               SO2 are two primary PM2.5 precursors.                   4, included in the docket for this action).               2015).



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                                               1152                     Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Proposed Rules

                                               PM2.5 NAAQS even without the SO2                        Criteria (4)—The Atlanta Area Has a                    recent 3-year period quality-assured
                                               emission reductions associated with the                 Fully Approved Maintenance Plan                        monitoring data, 2012–2014. In its
                                               installation of SO2 controls on Georgia                 Pursuant to Section 175A of the CAA                    maintenance plan, the State selected
                                               EGUs subject to Rule (sss) and CAIR. To                    For redesignating a nonattainment                   2008 as the attainment emission
                                               the extent that the controls required by                area to attainment, the CAA requires                   inventory year. The attainment
                                               Rule (sss) also achieved annual NOX                     EPA to determine that the area has a                   inventory identifies a level of emissions
                                               reductions, CSAPR makes those                           fully approved maintenance plan                        in the Area that is sufficient to attain the
                                               reductions permanent and federally                      pursuant to section 175A of the CAA                    1997 Annual PM2.5 NAAQS. GA EPD
                                               enforceable with its federal                            (CAA section 107(d)(3)(E)(iv)). In                     began development of the attainment
                                               implementation plan (FIP) regarding                     conjunction with its request to                        inventory by first generating a baseline
                                               Georgia’s annual NOX emissions budget,                  redesignate the Atlanta Area to                        emissions inventory for the Atlanta
                                               which was not affected by the D.C.                      attainment for the 1997 Annual PM2.5                   Area. As noted above, the year 2008 was
                                                                                                       NAAQS, GA EPD submitted a SIP                          chosen as the base year for developing
                                               Circuit’s recent remand of other state
                                                                                                       revision to provide for the maintenance                a comprehensive emissions inventory
                                               budgets.17 Second, to the extent that
                                                                                                       of the 1997 Annual PM2.5 NAAQS for at                  for direct PM2.5 and PM2.5 precursors
                                               Rule (uuu) resulted in any reductions                                                                          SO2 and NOX. To support maintenance
                                               before its January 1, 2010, compliance                  least 10 years after the effective date of
                                                                                                       redesignation to attainment. EPA                       through 2024, Georgia prepared
                                               date, Georgia’s sensitivity analysis                                                                           emissions projections for the years 2014,
                                               assumed that the FGD controls required                  believes that this maintenance plan
                                                                                                       meets the requirements for approval                    2017, 2020, and 2024.
                                               by Rule (sss) achieve the 95 percent                                                                              The emissions inventories are
                                               reduction in SO2 emissions required by                  under section 175A of the CAA for the
                                                                                                       reasons discussed below.                               composed of four major types of
                                               Rule (uuu). Because Georgia’s                                                                                  sources: Point, area, on-road mobile,
                                               sensitivity analysis demonstrates that                  a. What is required in a maintenance                   and non-road mobile. With the
                                               Rule (sss) was not necessary for                        plan?                                                  exception of on-road emissions, Georgia
                                               attainment of the NAAQS in the Atlanta                     Section 175A of the CAA sets forth                  obtained the 2008 base-year emissions
                                               Area using emissions reductions                         the elements of a maintenance plan for                 inventory from the National Emissions
                                               associated with a 95 percent reduction                  areas seeking redesignation from                       Inventory 2008 Version 1.5 (http://
                                               in SO2, the same reduction required by                  nonattainment to attainment. Under                     www3.epa.gov/ttnchie1/net/
                                               Rule (uuu), the analysis also                           section 175A, the plan must                            2008inventory.html). Georgia used
                                               demonstrates that Rule (uuu) was not                    demonstrate continued attainment of                    EPA’s MOVES2010a mobile source
                                               necessary for attainment prior to                       the applicable NAAQS for at least 10                   emissions model to generate 2008 on-
                                               January 1, 2010. Finally, with regard to                years after the Administrator approves a               road mobile source emissions. The 2008
                                               the State’s smoke management plan,                      redesignation to attainment. Eight years               actual SO2, NOX, and PM2.5 emissions
                                               that measure is focused on protection of                after the redesignation, GA EPD must                   for the Atlanta Area, as well as the
                                               Georgia’s forest land. While the SMP                    submit a revised maintenance plan                      emissions projections through 2024,
                                               may result in some direct PM emission                   which demonstrates that attainment will                were developed consistent with EPA
                                               reductions, such reductions are likely to               continue to be maintained for the 10                   guidance and are summarized in Tables
                                               be modest because the SMP is not an                     years following the initial 10-year                    3.1 and 4 through 7.1 of the following
                                               emission reduction measure. The SMP                     period. To address the possibility of                  subsection discussing the maintenance
                                               was developed as tool to minimize the                   future NAAQS violations, the                           demonstration.
                                               public health and environmental                         maintenance plan must contain such                        Section 175A requires a state seeking
                                               impacts of smoke intrusion into                         contingency measures, as EPA deems                     redesignation to attainment to submit a
                                               populated areas through better                          necessary, to assure prompt correction                 SIP revision to provide for the
                                               management of fires that are important                  of any future 1997 Annual PM2.5                        maintenance of the NAAQS in the Area
                                               to forests and agricultural resources. In               violations. The Calcagni Memorandum                    ‘‘for at least 10 years after the
                                               addition, the State deemed it important                 provides further guidance on the                       redesignation.’’ EPA has interpreted this
                                               to have an SMP in place for the purpose                 content of a maintenance plan,                         as a showing of maintenance ‘‘for a
                                                                                                       explaining that a maintenance plan                     period of ten years following
                                               of flagging unusually large forest fires as
                                                                                                       should address five requirements: The                  redesignation.’’ Calcagni Memorandum,
                                               exceptional events (which could impact
                                                                                                       attainment emissions inventory,                        p. 9. Where the emissions inventory
                                               an area’s ability to show maintenance
                                                                                                       maintenance demonstration,                             method of showing maintenance is
                                               through attaining design values). The                                                                          used, the purpose is to show that
                                               rule therefore has more impact on rural                 monitoring, verification of continued
                                                                                                       attainment, and a contingency plan. As                 emissions during the maintenance
                                               areas than an urban environment such                                                                           period will not increase over the
                                                                                                       is discussed below, EPA proposes to
                                               as Atlanta, where direct PM2.5 emissions                                                                       attainment year inventory. Calcagni
                                                                                                       find that GA EPD’s maintenance plan
                                               from fires make up less than one percent                                                                       Memorandum, pp. 9–10.
                                                                                                       includes all the necessary components
                                               of the total direct PM2.5 emissions from                and is thus proposing to approve it as                    As discussed in detail below,
                                               fires across the State.18 For these                     a revision to the Georgia SIP.                         Georgia’s maintenance plan submission
                                               reasons, EPA has not relied on these                                                                           expressly documents that the Area’s
                                               state-only rules as a basis for proposing               b. Attainment Emissions Inventory                      overall emissions inventories will
                                               approval of the redesignation request
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                                                                                                          As noted earlier, EPA has previously                remain well below the attainment year
                                               and associated maintenance plan.                        determined that the Atlanta Area                       inventories through 2024. Although the
                                                                                                       attained the 1997 Annual PM2.5 NAAQS                   State’s maintenance demonstration
                                                 17 76FR 48208, August 8, 2011.                        based on monitoring data for the 3-year                includes projected emissions reductions
                                                 18 See 2011 emissions inventory information           period from 2008–2010. Today, EPA is                   from Georgia Rules (sss) and (uuu), EPA
                                               available at http://www3.epa.gov/ttn/chief/
                                               eiinformation.html. Georgia also stated that the
                                                                                                       proposing to determine that the Atlanta                believes the plan still demonstrates
                                               measure is not necessary for the continued              Area has continued to attain the 1997                  maintenance as discussed in the
                                               maintenance of attainment in the Atlanta Area.          Annual PM2.5 NAAQS up to the most                      following subsection.


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                                                                                 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Proposed Rules                                                                1153

                                                 In addition, for the reasons set forth                                    reference points for periodic assessment                Yates Units 1 through 5 and from
                                               below, EPA believes that the Area will                                      of maintenance of the NAAQS and were                    permanent and enforceable conversions
                                               continue to maintain the 1997 Annual                                        estimated using 2008 actuals and 2017                   from coal to natural gas at Plant Yates
                                               PM2.5 NAAQS at least through 2025.                                          and 2024 projections. Appendix C of                     Units 6 and 7.20 Georgia did not
                                               Thus, if EPA finalizes its proposed                                         Georgia’s 2012 submittal describes the                  incorporate the emissions reductions
                                               approval of the redesignation request                                       methodology used by the State to                        resulting from these shutdowns and
                                               and maintenance plans in 2015, the                                          prepare the actual and projected                        conversions in its maintenance
                                               approval will be based upon this                                            emissions inventories.                                  demonstration because they were not
                                               showing, in accordance with section                                                                                                 anticipated by the State at the time of its
                                                                                                                              The future emissions inventory
                                               175A, and EPA’s analysis described                                                                                                  2012 submittal.
                                               herein, that the State’s maintenance                                        projections in the State’s maintenance
                                               plan provides for maintenance for at                                        demonstration include reductions from                      EPA removed the emissions
                                               least ten years after redesignation.                                        the implementation of Georgia Rules                     reductions attributed to Georgia Rules
                                                                                                                           (sss) and (uuu). However, as discussed                  (sss) and (uuu) from the State’s
                                               c. Maintenance Demonstration                                                above, these two State rules are not                    emissions projections by assuming that
                                                  The August 30, 2012, submittal                                           permanent and enforceable measures for                  NOX, SO2, and PM2.5 emissions from
                                               includes a maintenance demonstration                                        the purposes of redesignation. EPA                      EGUs in the Atlanta Area were not
                                               for the Atlanta Area through 2024. This                                     therefore recalculated the projected                    reduced through Rules (sss) and (uuu)
                                               demonstration uses 2008 as the                                              2014, 2017, 2020, and 2024 point source                 after 2008 and added the reductions
                                               attainment year; identifies 2024 as the                                     emissions in the Atlanta Area by                        from the aforementioned shutdowns
                                               ‘‘out year;’’ and includes future                                           removing projected Rule (sss) and Rule                  and conversions.21 Table 2.1 identifies
                                               emission inventory projections for                                          (uuu) NOX, SO2, and PM2.5 emissions                     the EGU emissions included in the
                                               point, area, on-road mobile, and non-                                       reductions 19 and replacing these                       State’s maintenance demonstration, and
                                               road mobile sources in the Atlanta Area                                     reductions with only those NOX, SO2,                    Table 2.2 identifies the EGU emissions
                                               for 2014, 2017, 2020, and 2024 (see                                         and PM2.5 reductions from permanent                     included in EPA’s recalculated point
                                               Tables 3–7, below). The emissions                                           and enforceable shutdowns at Plant                      source emission projections for the
                                               projections for 2014 and 2020 provide                                       Branch Units 1 through 4 and Plant                      Atlanta Area.

                                                                              TABLE 2.1—EGU EMISSIONS, ACTUAL (2008) AND PROJECTED FOR THE ATLANTA AREA
                                                                                                                                                   [Tons]

                                                                                     Pollutant                                                 2008                  2014            2017               2020               2024

                                               SO2 .......................................................................................       410,496              169,176              48,516          49,781             50,413
                                               NOX ......................................................................................         76,178               40,535              22,713          23,372             23,702
                                               PM2.5 ....................................................................................          4,938                3,760               3,171           3,296              3,358


                                                   TABLE 2.2—EGU EMISSIONS, ACTUAL (2008) AND PROJECTED FOR THE ATLANTA AREA, REVISED TO INCLUDE ONLY
                                                                             EGU SHUTDOWNS AND NATURAL GAS CONVERSIONS
                                                                                                                                                   [Tons]

                                                                                     Pollutant                                                 2008                  2014            2017               2020               2024

                                               SO2 .......................................................................................       410,496              294,859          237,040            243,210            246,294
                                               NOX ......................................................................................         76,177               58,173           49,171             50,519             51,193
                                               PM2.5 ....................................................................................          4,937                4,724            4,618              4,781              4,862



                                                 Table 3.1 shows the 2008 actual point                                     the Atlanta Area provided by the State                  and projected future year point source
                                               source emissions and the projected                                          in its 2012 submittal. Table 3.2 shows                  emissions using EPA’s EGU projections
                                               future year point source emissions in                                       the 2008 actual point source emissions                  shown in Table 2.2, above.

                                                                     TABLE 3.1—POINT SOURCE EMISSIONS, ACTUAL (2008) AND PROJECTED FOR THE ATLANTA AREA
                                                                                                                                                   [Tons]

                                                                                     Pollutant                                                 2008                  2014            2017               2020               2024

                                               SO2 .......................................................................................       413,478              172,170              51,697          52,601             53,803
                                               NOX ......................................................................................         80,785               45,489              27,867          28,535             29,423
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                                                 19 Although, as discussed above, the NO                                   converted Plant Yates Units 6 and 7 from coal to        This Title V permit amendment and the RUE forms
                                                                                         X
                                               emission reductions associated with Rule (sss) are                          natural gas in May 2015. Georgia Power certified        discussed above are included in the docket.
                                               permanent and enforceable through CSAPR, EPA                                under penalty of law that the retirements are             21 EPA estimated the emissions reductions
                                               recalculated the projected point source emissions                           permanent in Retired Unit Exemption (RUE) forms         associated with Rules (sss) and (uuu) and with the
                                               without anticipated Rule (sss) NOX reductions to                            submitted to EPA under the Acid Rain, CAIR, and
                                               generate a conservative maintenance                                                                                                 shutdowns and conversions to natural gas using
                                                                                                                           CSAPR programs. The Plant Yates retirements and
                                               demonstration.                                                              conversions occurred through a Title V permit           emissions projections provided by GA EPD on
                                                 20 Georgia Power retired Plant Branch Unit 2 in                           amendment effective on August 29, 2014. Yates           November 13, 2015. These projections are included
                                               September 2013; retired Plant Branch Units 1, 3,                            Steam-Electric Generating Plant Part 70 Operating       in the docket for today’s action.
                                               and 4 and Plant Yates Units 1–5 in April 2015; and                          Permit Amendment No. 4911–077–0001–V–03–5.                .



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                                               1154                              Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Proposed Rules

                                                         TABLE 3.1—POINT SOURCE EMISSIONS, ACTUAL (2008) AND PROJECTED FOR THE ATLANTA AREA—Continued
                                                                                                                                                   [Tons]

                                                                                     Pollutant                                                 2008                  2014            2017            2020         2024

                                               PM2.5 ....................................................................................           5,637               4,541               3,993       4,120            4,288


                                                TABLE 3.2—POINT SOURCE EMISSIONS, ACTUAL (2008) AND PROJECTED FOR THE ATLANTA AREA, REVISED TO INCLUDE
                                                                        ONLY EGU SHUTDOWNS AND NATURAL GAS CONVERSIONS
                                                                                                                                                   [Tons]

                                                                                     Pollutant                                                 2008                  2014            2017            2020         2024

                                               SO2 .......................................................................................       413,478              297,974          240,221        246,530       249,684
                                               NOX ......................................................................................         80,785               63,145           54,325         56,051        56,914
                                               PM2.5 ....................................................................................          5,637                5,506            5,440          5,675         5,792



                                                 Tables 4 through 6 show the actual                                        emissions for the Atlanta Area as                       Rules (sss) and (uuu) because these
                                               and projected non-point, on-road                                            provided in the State’s 2012 submittal.                 rules only apply to certain EGUs.
                                               mobile, and non-road mobile source                                          These emissions are not impacted by

                                                                   TABLE 4—NON-POINT SOURCE EMISSION, ACTUAL (2008) AND PROJECTED FOR THE ATLANTA AREA
                                                                                                                                                   [Tons]

                                                                                     Pollutant                                                 2008                  2014            2017            2020         2024

                                               SO2 .......................................................................................         10,237              10,557              10,717      10,884        11,107
                                               NOX ......................................................................................          21,193              23,531              24,698      25,916        27,537
                                               PM2.5 ....................................................................................          35,686              40,052              42,232      44,072        46,520


                                                           TABLE 5—ON-ROAD MOBILE SOURCE EMISSIONS, ACTUAL (2008) AND PROJECTED FOR THE ATLANTA AREA
                                                                                                                                                   [Tons]

                                                                                     Pollutant                                                 2008                  2014            2017            2020         2024

                                               SO2 .......................................................................................           725                  629                 581         533           469
                                               NOX ......................................................................................        128,955               93,806              76,258      58,675        35,272
                                               PM2.5 ....................................................................................          4,662                3,529               2,963       2,397         1,642


                                                                          TABLE 6—NON-ROAD EMISSIONS, ACTUAL (2008) AND PROJECTED FOR THE ATLANTA AREA
                                                                                                                                                   [Tons]

                                                                                     Pollutant                                                 2008                  2014            2017            2020         2024

                                               SO2 .......................................................................................          1,675               1,516               1,437       1,553         1,708
                                               NOX ......................................................................................          40,599              34,086              30,835      29,747        28,298
                                               PM2.5 ....................................................................................           2,827               2,360               2,127       1,967         1,755



                                                 Below, Table 7.1 shows the 2008                                           from all source sectors in the Atlanta                  source emissions projections shown in
                                               actual emissions from all source sectors                                    Area provided by the State. Table 7.2                   Table 3.2, above.
                                               and the projected future year emissions                                     reflects EPA’s revisions to the point-

                                                            TABLE 7.1—ALL SECTOR EMISSIONS, ACTUAL (2008) AND PROJECTED EMISSIONS FOR THE ATLANTA AREA
                                                                                                                                                   [Tons]

                                                                                     Pollutant                                                 2008                  2014            2017            2020         2024

                                               SO2 .......................................................................................       426,115              184,873           64,433         65,572        67,088
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                                               NOX ......................................................................................        271,531              196,912          159,659        142,873       120,530
                                               PM2.5 ....................................................................................         48,811               50,482           51,316         52,556        54,205




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                                                                                 Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Proposed Rules                                                                  1155

                                                   TABLE 7.2—ALL SECTOR EMISSIONS, ACTUAL (2008) AND PROJECTED EMISSIONS FOR THE ATLANTA AREA, REVISED
                                                                            WITH EPA’S POINT-SOURCE EMISSIONS PROJECTIONS
                                                                                                                                                  [Tons] 22

                                                                                     Pollutant                                                 2008                  2014            2017                2020               2024

                                               SO2 .......................................................................................       426,115              310,677          252,957             257,248            262,969
                                               NOX ......................................................................................        271,531              214,589          186,117             173,715            157,179
                                               PM2.5 ....................................................................................         48,811               51,446           52,763              54,299             56,348



                                                  The results of EPA’s analysis, shown                                        Because the relationship between                     (approximately 7,537 tons) will be at
                                               in Table 7.2, show that future emissions                                    pollutant emissions and ambient air                     least partially, if not fully, offset by a
                                               for NOX and SO2 are expected to be well                                     quality is different for each of the three              significant decrease in sulfate and
                                               below 2008 ‘‘attainment level’’                                             pollutants, the changes in emissions for                nitrate emissions, resulting in a
                                               emissions without Georgia Rules (sss)                                       each pollutant must be weighted                         continued decrease in the PM2.5 design
                                               and (uuu), while direct PM2.5 emissions                                     according to the air quality impact of                  values in the Atlanta Area. As shown in
                                               are expected to increase slightly. In                                       each pollutant. To evaluate this                        Table 7.2, EPA expects that, at a
                                               situations where local emissions are the                                    relationship, the State examined                        minimum, SO2 and NOX emissions will
                                               primary contributor to nonattainment,                                       speciation data available from the EPA                  decrease by approximately 163,146 tons
                                               such as the Atlanta Area, if the future                                     Air Explorer Web site for 2007–2009 for                 and 114,352 tons, respectively, from
                                               projected emissions in the                                                  the DeKalb County monitor (13–089–                      2008 through 2024.
                                               nonattainment area remain at or below                                       0002). The 3-year average of this data
                                               the baseline emissions in the                                               suggests that ambient PM2.5 in Atlanta                     A maintenance plan requires the state
                                               nonattainment area, then the ambient                                        consists of approximately 40.7 percent                  to show that projected future year
                                               air quality standard should not be                                          sulfate; 1.2 percent nitrate; 50.1 percent              overall emissions will not exceed the
                                               exceeded in the future. As explained                                        organic particulate matter (which                       level of emissions which led the Area to
                                               below, EPA proposes to find that the                                        consists of directly-emitted primary                    attain the NAAQS. For the reasons
                                               overall emission projections illustrate                                     organic matter and atmospherically                      discussed above, EPA believes that the
                                               that the Atlanta Area is expected to                                        formed secondary organic aerosol); 4.2                  projected emissions demonstrate that
                                               continue to attain the 1997 PM2.5                                           percent miscellaneous inorganic                         the Atlanta Area will continue to attain
                                               NAAQS through 2025. Moreover, as                                            particulate matter; and 3.7 percent other               for the duration of the maintenance
                                               noted earlier, the Atlanta Area was                                         types of particulate matter. Therefore,                 plan.
                                               identified in EPA’s federal interstate                                      using a conservative assumption that all                   While GA EPD’s maintenance plan
                                               transport rulemakings—CAIR and                                              of the organic particulate matter is                    projects maintenance of the 1997
                                               CSAPR—as an area that was projected to                                      primary organic matter, the direct PM2.5
                                                                                                                                                                                   Annual PM2.5 NAAQS through 2024, as
                                               have problems with nonattainment and                                        species make up approximately 54.3
                                                                                                                                                                                   noted above, EPA believes that the
                                               maintenance of the 1997 PM2.5 NAAQS                                         percent of the total ambient PM2.5.
                                                                                                                                                                                   Atlanta Area will continue to maintain
                                               due to transported pollution from other                                        A conservative approach assumes the
                                                                                                                                                                                   the standard at least through the year
                                               states. Continued implementation of                                         full ambient concentration of organic
                                               CSAPR in the vast majority of those                                                                                                 2025 for several reasons: All of the
                                                                                                                           particulate matter plus miscellaneous
                                               upwind states will also help the Atlanta                                                                                            federal regulatory requirements that
                                                                                                                           inorganic particulate matter will vary in
                                               Area maintain the standard.                                                 accordance with changes in total                        enabled the Area to attain the NAAQS
                                                  As shown in Table 7.2, EPA projects                                      nonattainment area emissions of direct                  will continue to be in effect and
                                               that SO2 and NOX emissions will                                             PM2.5. This analysis thus assumes that                  enforceable after the 10-year
                                               decline by approximately 38 percent                                         the component of ambient PM2.5                          maintenance period; the most recent
                                               and 42 percent, respectively, from 2008                                     attributable to direct PM2.5 species will               maximum potential annual PM2.5 design
                                               to 2024 without Georgia Rules (sss) and                                     increase by the same percentage as the                  value (for the period 2012 to 2014) for
                                               (uuu). This decrease is due to the                                          percentage increase in direct PM2.5                     the Area, 11.1 mg/m3,23 is well below the
                                               implementation of Federal controls                                          emissions projected for the Atlanta Area                standard of 15.0 mg/m3; and overall
                                               during the first half of the maintenance                                    (i.e., 15.4 percent). The baseline                      emissions are projected to decline
                                               period and to the permanent and                                             concentration is conservatively assumed                 significantly through 2024. Because it is
                                               enforceable shutdowns and conversions                                       to be 15.0 mg/m3, and direct PM2.5 is                   highly improbable that emissions will
                                               discussed above. Emissions of PM2.5 are                                     estimated to contribute 54.3 percent, or                suddenly increase after 2024 and exceed
                                               expected to increase by approximately                                       8.1 mg/m3, of that baseline. Thus, a 15.4               attainment year inventory levels in
                                               15.4 percent (7,537 tons) from 2008                                         percent increase in the 8.1 mg/m3 of the                2025, EPA expects the projected
                                               through 2024 due to projected increases                                     direct PM2.5 component would suggest a                  downward trend in pollutant emissions
                                               in non-point source PM2.5 emissions.                                        resulting 1.2 mg/m3 increase in the                     in the Atlanta Area to continue to
                                               Therefore, EPA further evaluated                                            ambient concentration. As discussed                     demonstrate maintenance of the 1997
                                               whether the increase in PM2.5 emissions,                                    earlier, the highest 2008–2010 design                   PM2.5 NAAQS through at least the year
                                               in combination with the decreases in
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                                                                                                                           value for the Atlanta Area was 13.6 mg/                 2025.
                                               SO2 and NOX emissions, would provide                                        m3 (with data substitution) and the
                                               for maintenance of the standard.                                            2011–2014 design value is 11.1 mg/m3                      23 As noted earlier, due to incomplete data at one

                                                                                                                           (with data substitution). Thus, even if                 monitoring site during the third quarter of 2012,
                                                 22 The revised emission projections reflect no                                                                                    EPA conducted a statistical analysis to determine a
                                                                                                                           the design value were to increase by 1.2
                                               emission reductions from EGUs beyond 2008 other                                                                                     maximum potential design value of 11.1 mg/m3 for
                                               than the permanent and enforceable emission
                                                                                                                           mg/m3, the standard of 15 mg/m3 would                   the period 2012 to 2014. The analysis is described
                                               reductions that have occurred due to the shutdowns                          still be met. Furthermore, the projected                in detail in the monitoring TSD included in the
                                               and conversions identified above.                                           increase in direct PM2.5 emissions                      docket for this rulemaking.



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                                               1156                    Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Proposed Rules

                                               d. Monitoring Network                                   measures. GA EPD will use actual                       activation.24 If the study determines that
                                                 There are currently seven monitors                    ambient monitoring data to determine                   such previously adopted emission
                                               measuring ambient PM2.5 in the Atlanta                  whether a trigger event has occurred                   control programs are not sufficient to
                                               Area. GA EPD has committed to                           and when contingency measures should                   address any violation of the NAAQS,
                                               continue operation of the monitors in                   be implemented. Georgia’s trigger                      EPD will adopt additional rules or
                                               the Atlanta Area in compliance with 40                  mechanisms include two tiers: Tier I                   controls to require further emission
                                               CFR part 58 and have thus addressed                     and Tier II.                                           reductions. Any additional rules or
                                               the requirement for monitoring. EPA                        A Tier I trigger is activated when any              controls to address a violation would be
                                               approved Georgia’s 2014 monitoring                      of the following conditions occurs:                    adopted and implemented within 24
                                               plan on November 7, 2014.                                  • The previous calendar year’s annual               months of trigger activation and will be
                                                                                                       average PM2.5 concentration exceeds the                submitted to EPA for approval into
                                               e. Verification of Continued Attainment                 standard by 1.5 mg/m3 or more;                         Georgia’s SIP.
                                                 The State of Georgia, through the GA                     • The annual mean PM2.5                                In any event, if a Tier II trigger is
                                               EPD, has the legal authority to enforce                 concentration in each of the previous                  activated, EPD will consult and seek
                                               and implement the requirements of the                   two consecutive calendar years exceeds                 review from EPA on the analysis to
                                               Atlanta Area 1997 Annual PM2.5                          the NAAQS by 0.5 mg/m3 or more;                        determine the cause of the violation.
                                               maintenance plan. This includes the                        • The total maintenance area SO2                    The contingency measure(s) will be
                                               authority to adopt, implement, and                      emissions in the most recent NEI                       selected from the following types of
                                               enforce any subsequent emissions                        exceeds the corresponding attainment-                  emission controls or from any other
                                               control contingency measures                            year inventory by more than 10.0                       control deemed appropriate and
                                               determined to be necessary to correct                   percent;                                               effective at the time the selection is
                                               future PM2.5 attainment problems.                          • The total maintenance area PM2.5                  made by EPD:
                                                 GA EPD will track the progress of the                 emissions in the most recent NEI exceed                   • RACM for sources of SO2 and PM2.5;
                                               maintenance plan by performing future                   the corresponding attainment-year
                                               reviews of triennial emission                                                                                     • Reasonably Available Control
                                                                                                       inventory by more than 30.0 percent.                   Technologies (RACT) for point sources
                                               inventories for the Atlanta Area as
                                                                                                          A Tier II trigger is activated when any             of SO2 and PM2.5;
                                               required in the Air Emissions Reporting
                                                                                                       violation of the 1997 Annual PM2.5
                                               Rule (AERR) and Consolidated                                                                                      • Expansion of RACM/RACT to areas
                                                                                                       NAAQS at any federal reference method
                                               Emissions Reporting Rule (CERR). For                                                                           of transport within the State;
                                                                                                       (FRM) monitor in the Atlanta
                                               these periodic inventories, GA EPD will                                                                           • Mobile source measures; and
                                                                                                       maintenance area is recorded, based on
                                               review the assumptions made for the
                                               purpose of the maintenance
                                                                                                       quality-assured monitoring data.                          • Additional SO2 and/or PM2.5
                                               demonstration concerning projected                         In the event of either a Tier I or Tier             reduction measures yet to be identified.
                                               growth of activity levels. If any of these              II trigger, GA EPD will conduct a                         In addition to the triggers indicated
                                               assumptions appear to have changed                      comprehensive study as expeditiously                   above, Georgia will monitor regional
                                               substantially, then GA EPD will re-                     as practicable, but no later than nine                 emissions through the CERR and AERR
                                               project emissions for the Atlanta Area.                 months after the trigger is activated. GA              and compare them to the projected
                                                                                                       EPD will evaluate a Tier I condition, if               inventories and the attainment year
                                               f. Contingency Measures in the                          it occurs, to determine the causes of the              inventory. In the August 30, 2012,
                                               Maintenance Plan                                        ambient PM2.5 or emissions inventory                   submittal, the State acknowledges that
                                                  Section 175A of the CAA requires that                increase and to determine if a Tier II                 the contingency plan requires the
                                               a maintenance plan include such                         condition is likely to occur. GA EPD                   implementation of all measures
                                               contingency measures as EPA deems                       will evaluate a Tier I condition, if it                contained in the SIP for the Area prior
                                               necessary to assure that the state will                 occurs, to determine the cause of the                  to redesignation. The State also notes
                                               promptly correct a violation of the                     trigger and determine if the cause(s) of               that these measures are currently in
                                               NAAQS that occurs after redesignation.                  the ambient PM2.5 increase and to                      effect and may be evaluated by the State
                                               The maintenance plan should identify                    determine if the increase is likely to                 to determine if they are adequate or up-
                                               the contingency measures to be adopted,                 continue. Through the comprehensive                    to-date.
                                               a schedule and procedure for adoption                   study, GA EPD will attempt to
                                                                                                       determine whether the trigger condition                   EPA has preliminarily concluded that
                                               and implementation, and a time limit                                                                           the maintenance plan adequately
                                               for action by the State. A state should                 is due to local emissions, emissions
                                                                                                       from elsewhere, or a combination of                    addresses the five basic components
                                               also identify specific indicators to be                                                                        required: The attainment emissions
                                               used to determine when the                              these. The study will also include a
                                                                                                       determination regarding the emissions                  inventory, maintenance demonstration,
                                               contingency measures need to be                                                                                monitoring, verification of continued
                                               implemented. The maintenance plan                       control measures that may be necessary
                                                                                                       to prevent or correct a violation of the               attainment, and a contingency plan.
                                               must include a requirement that a state                                                                        Therefore, the maintenance plan SIP
                                               will implement all measures with                        NAAQS.
                                                                                                                                                              revision submitted by GA EPD for the
                                               respect to control of the pollutant that                   GA EPD will implement any required
                                                                                                                                                              Atlanta Area meets the requirements of
                                               were contained in the SIP before                        measures as expeditiously as
                                                                                                                                                              section 175A of the CAA and is
                                               redesignation of the area to attainment                 practicable, taking into consideration
                                                                                                                                                              approvable.
                                                                                                       the ease of implementation and the
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                                               in accordance with section 175A(d).
                                                  The contingency measures included                    technical and economic feasibility of                    24 In a September 23, 2013, letter to EPA, the State
                                               in Georgia’s maintenance plan for the                   selected measures. Previously adopted                  clarified the timing and content of its contingency
                                               Atlanta Area include a triggering                       controls, which have not yet realized                  measures included in the maintenance plan for the
                                               mechanism to determine when                             emission reductions and which are not                  Atlanta Area. In this letter, the State reaffirmed its
                                                                                                       relied upon in the maintenance                         commitment to address and correct any violation of
                                               contingency measures are needed and a                                                                          the 1997 annual PM2.5 NAAQS as expeditiously as
                                               process of developing and                               demonstration, will be implemented                     practicable and to do so no later than 24 months
                                               implementing appropriate control                        within 24 months from trigger                          from the trigger activation.



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                                                                       Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Proposed Rules                                                       1157

                                               VI. What is the effect of the January 4,                implemented or due at the time of                      interpretation of CAA section
                                               2013, D.C. Circuit decision regarding                   attainment’’).25 In this case, at the time             107(d)(3)(E)(ii) and (v).
                                               PM2.5 implementation under subpart 4?                   that Georgia submitted its redesignation                  As background, EPA notes that
                                                                                                       request on August 30, 2012,                            subpart 4 incorporates components of
                                               a. Background                                                                                                  subpart 1 of part D, which contains
                                                                                                       requirements under subpart 4 were not
                                                  As discussed in Section II of this                   due, and indeed, were not yet known to                 general air quality planning
                                               notice, the D.C. Circuit remanded the                   apply.                                                 requirements for areas designated as
                                               1997 PM2.5 Implementation Rule to EPA                      On June 2, 2014, EPA published a rule               nonattainment. See section 172(c).
                                               on January 4, 2013, in Natural                          entitled ‘‘Identification of                           Subpart 4 itself contains specific
                                               Resources Defense Council v. EPA, 706                   Nonattainment Classification and                       planning and scheduling requirements
                                               F.3d 428. The Court found that EPA                      Deadlines for Submission of State                      for PM10 27 nonattainment areas, and
                                               erred in implementing the 1997 PM2.5                    Implementation Plan (SIP) Provisions                   under the Court’s January 4, 2013,
                                               NAAQS pursuant to the general                           for the 1997 Fine Particle (PM2.5)                     decision in NRDC v. EPA, these same
                                               implementation provisions of subpart 1                  National Ambient Air Quality Standard                  statutory requirements also apply for
                                               of part D of Title I of the CAA rather                  (NAAQS) and 2006 PM2.5 NAAQS’’                         PM2.5 nonattainment areas.28 In the
                                               than the particulate matter-specific                    (‘‘Classification and Deadlines Rule’’).               General Preamble, EPA’s longstanding
                                               provisions of subpart 4 of part D of Title              79 FR 31,566.26 In that rule, the Agency               general guidance interpreting the 1990
                                               I.                                                      responded to the DC Circuit’s January                  amendments to the CAA,29 EPA
                                                  For the purposes of evaluating                       2013 decision by establishing                          discussed the relationship of subpart 1
                                               Georgia’s redesignation request for the                 classifications for PM2.5 nonattainment                and subpart 4 SIP requirements and
                                               Atlanta Area, to the extent that                        areas under subpart 4, and by                          pointed out that subpart 1 requirements
                                               implementation under subpart 4 would                    establishing a new SIP submission date                 were to an extent ‘‘subsumed by, or
                                               impose additional requirements for                      of December 31, 2014, for moderate area                integrally related to, the more specific
                                               areas designated nonattainment, EPA                     attainment plans and for any additional                PM–10 requirements.’’ See 57 FR 13538
                                               believes that those requirements are not                attainment-related or nonattainment                    (April 16, 1992). The subpart 1
                                               ‘‘applicable’’ for the purposes of CAA                  new source review plans necessary for                  requirements include, among other
                                               section 107(d)(3)(E), and thus EPA is not               areas to comply with the requirements                  things, provisions for attainment
                                               required to consider subpart 4                          applicable under subpart 4. Id. at                     demonstrations, RACM, RFP, emissions
                                               requirements with respect to the                        31,567–70. Therefore, when Georgia                     inventories, and contingency measures.
                                               redesignation of the Atlanta Area. Under                submitted its request in August 2012,                     As noted above, in the Classification
                                               its longstanding interpretation of the                  the deadline for submitting a SIP to                   and Deadlines Rule, EPA initially
                                               CAA, EPA has interpreted section                        meet the Act’s subpart 4 requirements                  classified all areas designated
                                               107(d)(3)(E) to mean, as a threshold                    had not yet passed, and those                          nonattainment for either the 1997 or the
                                               matter, that the part D provisions which                requirements are therefore not                         2006 PM2.5 NAAQS as ‘‘moderate’’
                                               are ‘‘applicable’’ and which must be                    applicable for purposes of evaluating                  nonattainment areas. Additional
                                               approved in order for EPA to                            Georgia’s request for redesignation.                   requirements that would apply to the
                                               redesignate an area include only those                                                                         Atlanta Area as a moderate
                                               which came due prior to a state’s                       b. Subpart 4 Requirements and the
                                                                                                       Atlanta Area Redesignation Request                     nonattainment area are therefore
                                               submittal of a complete redesignation                                                                          Sections 189(a) and (c), including the
                                               request. See ‘‘Procedures for Processing                   Even though the substantive                         following: (1) An approved permit
                                               Requests to Redesignate Areas to                        requirements of subpart 4 were not                     program for construction of new and
                                               Attainment,’’ Memorandum from John                      applicable requirements that Georgia                   modified major stationary sources
                                               Calcagni, Director, Air Quality                         was required to have met at the time of                (section 189(a)(1)(A)); (2) an attainment
                                               Management Division, September 4,                       its redesignation request submission,                  demonstration (section 189(a)(1)(B)); (3)
                                               1992 (Calcagni memorandum). See also                    EPA believes that even the imposition of               provisions for RACM (section
                                               ‘‘State Implementation Plan (SIP)                       those substantive requirements would                   189(a)(1)(C)); and (4) quantitative
                                               Requirements for Areas Submitting                       not pose a bar to the redesignation of the             milestones demonstrating RFP toward
                                               Requests for the plan and Redesignation                 Atlanta Area. The additional                           attainment by the applicable attainment
                                               to Attainment of the Ozone and Carbon                   requirements found in subpart 4 are
                                               Monoxide (CO) National Ambient Air                                                                             date (section 189(c)).30
                                                                                                       either designed to help an area achieve                   The permit requirements of subpart 4,
                                               Quality Standards (NAAQS) on or after                   attainment (also known as ‘‘attainment                 as contained in section 189(a)(1)(A),
                                               November 15, 1992,’’ Memorandum                         planning requirements’’) or are related
                                               from Michael Shapiro, Acting Assistant                  to new source permitting. None of these                  27 PM
                                                                                                                                                                       10 refers to particles nominally 10
                                               Administrator, Air and Radiation,                       additional requirements are applicable                 micrometers in diameter or smaller.
                                               September 17, 1993 (Shapiro                             for purposes of evaluating a                             28 In explaining their decision, the court reasoned

                                               memorandum); Final Redesignation of                     redesignation from nonattainment to                    that the plain meaning of the CAA requires
                                               Detroit-Ann Arbor, (60 FR 12459,                                                                               implementation of the 1997 p.m.2.5 NAAQS under
                                                                                                       attainment under EPA’s long-standing                   subpart 4 because PM2.5 particles fall within the
                                               12465–66, March 7, 1995); Final                                                                                statutory definition of PM10 and are thus subject to
                                               Redesignation of St. Louis, Missouri, (68                 25 Applicable requirements of the CAA that come      the same statutory requirements. The EPA has
                                               FR 25418, 25424–27, May 12, 2003);                      due subsequent to the area’s submittal of a complete   proposed its interpretation of subpart 4
                                               Sierra Club v. EPA, 375 F.3d 537, 541                   redesignation request remain applicable until a        requirements as applied to the PM2.5 NAAQS in its
                                                                                                       redesignation is approved, but are not required as     proposal rule entitled ‘‘Fine Particulate Matter
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                                               (7th Cir. 2004) (upholding EPA’s                                                                               National Ambient Air Quality Standards: State
                                                                                                       a prerequisite to redesignation. Section 175A(c) of
                                               redesignation rulemaking applying this                  the CAA.                                               Implementation Plan Requirements’’ (80 FR 15340,
                                               interpretation and expressly rejecting                    26 Judicial review of EPA’s Classification and       March 23, 2015).
                                               Sierra Club’s view that the meaning of                  Deadlines Rule is pending in the D.C. Circuit. At        29

                                               ‘‘applicable’’ under the statute is                     the time of this notice, briefing and oral arguments     30 EPA’s proposed implementation rule (80 FR

                                                                                                       in that case have concluded but a decision has not     15340 (March 23, 2015)) includes, among other
                                               ‘‘whatever should have been in the plan                 yet been issued by the Court. See WildEarth            things, the Agency’s proposed interpretation of
                                               at the time of attainment rather than                   Guardians v. EPA, No. 14–1145 (D.C. Circuit,           these moderate area requirements for purposes of
                                               whatever actually was in already                        argued November 6, 2015).                              PM2.5 NAAQS implementation.



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                                               1158                      Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Proposed Rules

                                               refer to and apply the subpart 1 permit                   applicability of certain requirements to              state from the need to adopt precursor
                                               provisions requirements of sections 172                   areas that are attaining the NAAQS.                   controls under section 189(e). See 57 FR
                                               and 173 to PM10, without adding to                                                                              13542. EPA in this rulemaking proposes
                                                                                                         c. Subpart 4 and Control of PM2.5
                                               them. Consequently, EPA believes that                                                                           to determine that even if not explicitly
                                                                                                         Precursors
                                               section 189(a)(1)(A) does not itself                                                                            addressed by the State in its submission,
                                               impose for redesignation purposes any                        As noted previously, EPA does not                  the State does not need to take further
                                               additional requirements for moderate                      believe that the requirement to comply                action with respect to ammonia and
                                               areas beyond those contained in subpart                   with subpart 4 applied to the Atlanta                 VOCs as precursors to satisfy the
                                               1.31 In any event, in the context of                      Area redesignation request because that               requirements of section 189(e). This
                                               redesignation, EPA has long relied on                     request was submitted prior to the                    proposed determination is based on our
                                               the interpretation that a fully approved                  moderate area SIP submission date of                  findings that: (1) The Atlanta Area
                                               nonattainment new source review                           December 31, 2014. However, even if                   contains only one major stationary
                                               program is not considered an applicable                   the requirements of subpart 4 were to                 source of ammonia (Owens Corning,
                                               requirement for redesignation, provided                   apply to the Atlanta Area, EPA                        Fairburn Plant), and (2) existing major
                                               the area can maintain the standard with                   nevertheless believes that the additional             stationary sources of VOC are
                                               a PSD program after redesignation. A                      requirements of subpart 4 would not                   adequately controlled under other
                                               detailed rationale for this view is                       pose an obstacle to our approval of                   provisions of the CAA regulating the
                                               described in a memorandum from Mary                       Georgia’s request to redesignate the                  ozone NAAQS.33 In the alternative, EPA
                                               Nichols, Assistant Administrator for Air                  Atlanta Area. Specifically, EPA                       proposes to determine that, under the
                                               and Radiation, dated October 14, 1994,                    proposes to determine that, because the               express exception provisions of section
                                               entitled ‘‘Part D New Source Review                       Atlanta Area is attaining the standard,               189(e), and in the context of the
                                               Requirements for Areas Requesting                         no additional controls of any PM2.5                   redesignation of the Area, which is
                                               Redesignation to Attainment.’’ See also                   precursors would be required. Under                   attaining the 1997 Annual PM2.5
                                               rulemakings for Detroit, Michigan (60                     either subpart 1 or subpart 4, for                    standard, at present ammonia and VOC
                                               FR 12467–12468, March 7, 1995);                           purposes of demonstrating attainment as               precursors from major stationary
                                               Cleveland-Akron-Lorain, Ohio (61 FR                       expeditiously as practicable, a state is              sources do not contribute significantly
                                               20458, 20469–20470, May 7, 1996);                         required to evaluate all economically                 to levels exceeding the 1997 PM2.5
                                               Louisville, Kentucky (66 FR 53665,                        and technologically feasible control                  standard in the Atlanta Area. See 57 FR
                                               October 23, 2001); and Grand Rapids,                      measures for direct PM emissions and                  13539.
                                                                                                         precursor emissions, and adopt those                     As noted earlier, EPA determined in
                                               Michigan (61 FR 31834–31837, June 21,
                                                                                                         measures that are deemed reasonably                   December 2011 that the Atlanta Area
                                               1996).
                                                                                                         available. Relevant precursors to PM2.5               was attaining the 1997 Annual PM2.5
                                                  With respect to the specific
                                                                                                         pollution include SO2, NOx, VOC and                   NAAQS and that the Area had attained
                                               attainment planning requirements under
                                                                                                         ammonia. Moreover, CAA section 189(e)                 the NAAQS by the applicable
                                               subpart 4,32 EPA applies the same
                                                                                                         in subpart 4 specifically provides that               attainment date of April 5, 2010. 76 FR
                                               interpretation that it applies to
                                                                                                         control requirements for major                        76620. Under EPA’s regulations, a
                                               attainment planning requirements under
                                                                                                         stationary sources of direct PM10 shall               determination of attainment, also
                                               subpart 1 or any of other pollutant-
                                                                                                         also apply to PM10 precursors from                    known as a clean data determination,
                                               specific subparts. That is, under its
                                                                                                         those sources, except where EPA                       suspends the CAA’s requirements to
                                               long-standing interpretation of the CAA,                  determines that major stationary sources
                                               where an area is already attaining the                                                                          submit an attainment demonstration,
                                                                                                         of such precursors ‘‘do not contribute                including an analysis of reasonably
                                               standard, EPA does not consider those                     significantly to PM10 levels which
                                               attainment-planning requirements to be                                                                          available control measures and control
                                                                                                         exceed the standard in the area.’’                    technology; reasonable further progress;
                                               applicable for purposes of evaluating a                      Under subpart 1 and EPA’s prior
                                               request for redesignation because                                                                               and contingency measures. Under
                                                                                                         implementation rule, all major
                                               requirements that are designed to help                                                                          subpart 4, Georgia’s plan for attaining
                                                                                                         stationary sources of PM2.5 precursors
                                               an area achieve attainment no longer                                                                            the 1997 PM2.5 NAAQS in the Atlanta
                                                                                                         were subject to regulation, with the
                                               have meaning where an area is already                     exception of ammonia and VOC. Thus,                   Area would have had to consider all
                                               meeting the standard.                                     assuming subpart 4 requirements are                   PM2.5 precursors, including VOC and
                                                  Thus, at the time of Georgia’s                         applicable for purposes of evaluating                 ammonia, and whether there were
                                               submission of its redesignation request,                  this redesignation request, EPA is                    control measures, including for existing
                                               the requirement for the Atlanta Area to                   analyzing here whether additional                     sources under section 189(e), available
                                               comply with subpart 4 had not yet come                    controls of ammonia and VOC from                      that would have advanced the area’s
                                               due and was, therefore, not applicable                    major stationary sources are required                 attainment goals. However, because the
                                               for purposes of EPA’s evaluation of the                   under section 189(e) of subpart 4 in                  Atlanta Area has already attained the
                                               redesignation. Moreover, even if Georgia                  order to redesignate the area for the                 1997 PM2.5 NAAQS, the state’s
                                               had been required to comply with those                    1997 PM2.5 standard. As explained                     requirement to submit a plan
                                               subpart 4 requirements, the additional                    below, EPA does not believe that any                  demonstrating how the area would
                                               substantive requirements for a moderate                   additional controls of ammonia and                    attain has been suspended, and,
                                               nonattainment area under subpart 4                        VOC are required in the context of this               moreover, the area has shown that it has
                                               were not applicable for purposes of                       redesignation.                                        attained with its current approach to
                                               redesignation anyway, given EPA’s                                                                               regulation of PM2.5 precursors.
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                                                                                                            In the General Preamble, EPA
                                               long-standing interpretation of the                       discusses its approach to implementing                Therefore, EPA believes that it is
                                                                                                         section 189(e). See 57 FR 13538 (April                reasonable to conclude in the context of
                                                  31 The potential effect of section 189(e) on section
                                                                                                         16, 1992). With regard to precursor                   this redesignation that there is no need
                                               189(a)(1)(A) for purposes of evaluating this              regulation under section 189(e), the
                                               redesignation is discussed below.                                                                                 33 The Atlanta Area has reduced VOC emissions
                                                  32 These planning requirements include the             General Preamble explicitly stated that               through the implementation of various control
                                               attainment demonstration, quantitative milestone          control of VOCs under other Act                       programs including various on-road and non-road
                                               requirements, and RACM analysis.                          requirements may suffice to relieve a                 motor vehicle control programs.



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                                                                                Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Proposed Rules                                                    1159

                                               to revisit the attainment control strategy                             continued maintenance of the standard                  13,620 tons per year in 2020. See Table
                                               with respect to the treatment of                                       by tracking the levels of the precursors               8 below. This amount of ammonia
                                               precursors. In addition, as noted below,                               whose control brought about attainment                 emissions is relatively low in
                                               EPA has analyzed projections of VOC                                    of the 1997 PM2.5 standard in the                      comparison to the total amounts of SO2,
                                               and ammonia emissions in the area and                                  Atlanta Area. EPA therefore believes                   NOX, and even direct PM2.5 emissions
                                               has determined that VOC emissions are                                  that the only additional consideration                 from sources in the Area. Third, as
                                               projected to decrease sharply over the                                 related to the maintenance plan                        described below, available information
                                               maintenance period and ammonia                                         requirements that results from the                     shows that no precursor, including VOC
                                               emissions, which are emitted in                                        Court’s January 4, 2013, decision is that              and ammonia, is expected to increase
                                               marginal amounts in the Atlanta area,                                  of assessing the potential role of VOC                 significantly over the maintenance
                                               are projected to increase only slightly.                               and ammonia in demonstrating                           period so as to interfere with or
                                               Accordingly, EPA does not view the                                     continued maintenance in this Area. As                 undermine the State’s maintenance
                                               January 4, 2013, decision of the Court as                              explained below, based upon                            demonstration.
                                               precluding redesignation of the Atlanta                                documentation provided by Georgia and
                                               Area to attainment for the 1997 Annual                                 supporting information, EPA believes                      The emissions inventories used in the
                                               PM2.5 NAAQS. In sum, even if Georgia                                   that the maintenance plan for the                      regulatory impact analysis (RIA) for the
                                               were required to address precursors for                                Atlanta Area need not include any                      2012 PM2.5 NAAQS, included in the
                                               the Atlanta Area under subpart 4 rather                                additional emission reductions of VOC                  docket for today’s action, show that
                                               than under subpart 1, EPA would still                                  or ammonia in order to provide for                     VOC emissions are projected to decrease
                                               conclude that the area had met all                                     continued maintenance of the standard.                 by 52,813.38 tpy and that ammonia
                                               applicable requirements for purposes of                                  First, as noted above in EPA’s                       emissions are projected to increase by
                                               redesignation in accordance with                                       discussion of section 189(e), VOC                      91.89 tpy in the Area between 2007 and
                                               section 107(d)(3)(E)(ii) and (v).                                      emission levels in this area have                      2020. See Table 8, below. Thus,
                                                                                                                      historically been well-controlled under                emissions of VOC are projected to
                                               d. Maintenance Plan and Evaluation of                                  SIP requirements related to ozone and                  decrease by 30 percent, and emissions
                                               Precursors                                                             other pollutants. Second, total ammonia                of ammonia are projected to remain
                                                 EPA proposes to determine that the                                   emissions throughout the Atlanta Area                  about the same, increasing by less than
                                               State’s maintenance plan shows                                         are projected to be approximately                      one percent.

                                                 TABLE 8—COMPARISON OF 2007 AND 2020 VOC AND AMMONIA EMISSION TOTALS BY SOURCE SECTOR (tpy) FOR THE
                                                                                             AREA 34
                                                                                                                                         VOC                                                  Ammonia
                                                                   Source sector
                                                                                                                      2007               2020            Net Change            2007             2020        Net Change

                                               Nonpoint ...................................................           76,274.51          74,736.27         ¥1,538.24           10,220.59        11,535.64      1,315.05
                                               Non-road ..................................................            28,433.41          16,376.46        ¥12,056.95               31.17            38.96          7.79
                                               Onroad .....................................................           64,157.97          25,202.79        ¥38,955.18            2,587.41         1,570.67     ¥1,016.74
                                               Point .........................................................         6,639.28           6,376.27          ¥263.01               689.03           474.82      ¥214.21

                                                     Total ..................................................       175,505.17          122,691.79        ¥52,813.38           13,528.20        13,620.09         91.89



                                                 While the RIA emissions inventories                                  NAAQS of 15 mg/m3. Moreover, the                       reasons set forth in this notice, EPA
                                               are only projected out to 2020, there is                               modeling analysis conducted for the                    continues to propose approval of the
                                               no reason to believe that this overall                                 RIA for the 2012 PM2.5 NAAQS                           State’s maintenance plan and its request
                                               downward trend would not continue                                      indicates that the design value for this               to redesignate the Atlanta Area to
                                               through 2025. Given that the Atlanta                                   area is expected to continue to decline                attainment for the 1997 Annual PM2.5
                                               Area is already attaining the 1997                                     through 2020. In the RIA analysis, the                 NAAQS.
                                               Annual PM2.5 NAAQS even with the                                       2020 modeled design value for the
                                                                                                                                                                             VII. What is EPA’s Analysis of
                                               current level of emissions from sources                                Atlanta Area is 9.4 mg/m3. Given the
                                                                                                                                                                             Georgia’s Proposed NOX and PM2.5
                                               in the Area, the overall trend of                                      decrease in overall precursor emissions
                                                                                                                                                                             MVEBs for the Atlanta Area?
                                               emissions inventories is consistent with                               projected through 2024, and expected
                                               continued attainment.                                                  through 2025, it is reasonable to                         Under section 176(c) of the CAA, new
                                                 In addition, available air quality data                              conclude that the monitored PM2.5                      transportation plans, programs, and
                                               and modeling analyses show continued                                   concentration in this area will also                   projects, such as the construction of
                                               maintenance of the standard during the                                 continue to decrease through 2025.                     new highways, must ‘‘conform’’ to (i.e.,
                                               maintenance period. As noted in section                                  Thus, EPA believes that there is                     be consistent with) the part of the state’s
                                               V, above, the Atlanta Area recorded a                                  ample justification to conclude that the               air quality plan that addresses pollution
                                               maximum potential annual PM2.5 design                                  Atlanta Area should be redesignated,                   from cars and trucks. Conformity to the
                                               value of 11.1 mg/m3 during 2012–2014,                                  even taking into consideration the                     SIP means that transportation activities
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                                               the most recent three years available                                  emissions of VOC and ammonia                           will not cause new air quality
                                               with quality-assured and certified                                     potentially relevant to PM2.5. After                   violations, worsen existing violations, or
                                               ambient air monitoring data. This is                                   consideration of the DC Circuit’s                      delay timely attainment of the NAAQS
                                               well below the 1997 Annual PM2.5                                       January 4, 2013, decision, and for the                 or any interim milestones. If a


                                                 34 These emissions estimates were taken from the

                                               emissions inventories developed for the regulatory
                                               impact analysis for the 2012 PM2.5 NAAQS.

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                                               1160                       Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Proposed Rules

                                               transportation plan does not conform,                       Conformity Rule. See 58 FR 62188. The                   TABLE 9—PROPOSED ATLANTA AREA
                                               most new projects that would expand                         preamble also describes how to                               NOX AND PM2.5 MVEBS
                                               the capacity of roadways cannot go                          establish the MVEBs in the SIP and how                                              [tpy]
                                               forward. Regulations at 40 CFR part 93                      to revise the MVEBs.
                                               set forth EPA policy, criteria, and                                                                                                                         NOX       PM2.5
                                                                                                              After interagency consultation with
                                               procedures for demonstrating and
                                                                                                           the transportation partners for the
                                               assuring conformity of such                                                                                        2024 On-Road Mobile
                                               transportation activities to a SIP. The                     Atlanta Area, Georgia has elected to                     Emissions ......................       35,272      1,642
                                               regional emissions analysis is one, but                     develop MVEBs for NOX and PM2.5 for                    2024 Safety Margin Allo-
                                               not the only, requirement for                               the entire Area. Georgia has developed                   cated .............................     9,158   ............
                                               implementing transportation                                 these MVEBs, as required, for the last                 2024 Total Motor Vehicle
                                               conformity. Transportation conformity                       year of its maintenance plan, 2024. The                  Budget ...........................     44,430      2,281
                                               is a requirement for nonattainment and                      NOX and PM2.5 MVEBs were developed
                                               maintenance areas. Maintenance areas                        in consultation with the transportation                   The 9,158 ton difference in the NOX
                                               are areas that were previously                              partners and were added to account for                 projections is well within the NOX
                                               nonattainment for a particular NAAQS                        uncertainties in population growth,                    ‘‘safety margin.’’ 35 Under 40 CFR
                                               but have since been redesignated to                         changes in model vehicle miles traveled                93.101, the term ‘‘safety margin’’ is the
                                               attainment with an approved                                 and new emission factor models.                        difference between the attainment level
                                               maintenance plan for that NAAQS.                            Further details are provided below to                  (from all sources) and the projected
                                                  Under the CAA, states are required to                                                                           level of emissions (from all sources) in
                                                                                                           explain how the MVEBs for 2024 were
                                               submit, at various times, control strategy                                                                         the maintenance plan. The safety
                                                                                                           derived.
                                               SIPs and maintenance plans for                                                                                     margin can be allocated to the
                                               nonattainment areas. These control                             The State estimated the worst case                  transportation sector; however, the total
                                               strategy SIPs (including RFP and                            daily motor vehicle projections for NOX                emissions must remain below the
                                               attainment demonstration) and                               and PM2.5 in 2024 and set the MVEBs                    attainment level.
                                               maintenance plans create MVEBs for                          at this level. The worst-case daily motor                 Although there is no apparent safety
                                               criteria pollutants and/or their                            vehicle emissions projection for PM2.5 is              margin for PM2.5 because overall
                                               precursors to address pollution from                        2,281 tons (38.9 percent above the                     emissions of direct PM2.5 from all source
                                               cars and trucks. Per 40 CFR part 93, a                      projected 2024 on-road emissions), and                 categories are projected to increase by
                                               MVEB must be established for the last                       the worst-case daily motor vehicle                     approximately 15 percent from 2008 to
                                               year of the maintenance plan. A state                       emissions projection for NOX is 44,430                 2024 (see Table 7.2), the on-road mobile
                                               may adopt MVEBs for other years as                          tons (26 percent above the projected                   NOX and PM2.5 emissions are projected
                                               well. A MVEB is the portion of the total                    2024 on-road emissions). The proposed                  to decrease by approximately 72 percent
                                               allowable emissions in the maintenance                      NOX and PM2.5 MVEBs for the Atlanta                    and 65 percent, respectively (see Table
                                               demonstration that is allocated to                          Area are identified in Table 9, below.                 5) due to the federal mobile source
                                               highway and transit vehicle use and                         On-road emissions of SO2 are                           measures discussed in Section V. Table
                                               emissions. See 40 CFR 93.101. The                           considered de minimis; therefore, no                   10, below, shows that the percentage of
                                               MVEBs serve as a ceiling on emissions                       budget for SO2 is required. See 70 FR                  the PM2.5 on-road mobile source
                                               from an area’s planned transportation                       24280, 24283 (May 6, 2005).                            emissions as compared to the overall
                                               system. The MVEBs concept is further                                                                               PM2.5 emissions from all sectors trends
                                               explained in the preamble to the                                                                                   downward from 9.6 percent in 2008 to
                                               November 24, 1993, Transportation                                                                                  3.0 percent in 2024.

                                                   TABLE 10—PM2.5 ON-ROAD MOBILE SOURCES EMISSIONS COMPARISON TO THE TOTAL PM2.5 EMISSIONS FROM ALL
                                                                                    SECTORS FOR THE ATLANTA AREA
                                                                                                                            [Tons per year]

                                                                                                                             2008                  2014             2017                    2020                 2024

                                               PM2.5 emissions—on-road mobile .......................................             4,662               3,529               2,963                   2,397               1,642
                                               Total PM2.5 emissions—all sectors ......................................          48,811              51,256              52,478                  54,285              55,188
                                               On-road mobile % of total PM2.5 emissions ........................                    9.6                 6.9                 5.7                     4.4                 3.0



                                                 As discussed in Section V, EPA                            emissions to the proposed 2024 MVEB                    for the Atlanta Area are approved or
                                               believes that Area will maintain the                        (2,281 tpy) yields a value of 2,623 tpy                found adequate (whichever is
                                               NAAQS through 2025 and that the                             which is 44 percent less than the 2008                 completed first), they must be used for
                                               impact of the projected increase in PM2.5                   attainment level of on-road mobile                     future conformity determinations. After
                                               emissions will be overcompensated by                        emissions (4,662 tpy).                                 thorough review, EPA has determined
                                               the projected decreases in the emissions                       Through this rulemaking, EPA is                     that the budgets meet the adequacy
                                               of SO2 and NOX. Furthermore, even if                        proposing to approve the MVEBs for                     criteria, as outlined in 40 CFR
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                                               mobile source emissions are equal to the                    NOX and PM2.5 for 2024 for the Atlanta                 93.118(e)(4). Therefore, EPA is
                                               worst-case scenario MVEBs in 2024, the                      Area because EPA has determined that                   proposing to approve the budgets
                                               Atlanta Area will maintain the PM2.5                        the Area maintains the 1997 Annual                     because they are consistent with
                                               standard. Applying the projected 15                         PM2.5 NAAQS with the emissions at the                  maintenance of the 1997 Annual PM2.5
                                               percent increase in direct PM2.5                            levels of the budgets. Once the MVEBs                  NAAQS through 2024.
                                                 35 The difference between the 2024 NO                     emissions (i.e., NOX safety margin) is approximately
                                                                                       X
                                               emissions projected by EPA and 2008 actual NOX              114,352 tons.



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                                                                       Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Proposed Rules                                             1161

                                               VIII. What is the Status of EPA’s                       MVEBs, nor did EPA receive any                         partners will need to demonstrate
                                               Adequacy Determination for the                          requests for the SIP submittal.                        conformity to the new NOX and VOC
                                               Proposed NOX and PM2.5 MVEBs for                           EPA intends to make its                             MVEBs pursuant to 40 CFR 93.104(e).
                                               2024 for the Atlanta Area?                              determination on the adequacy of the                      If finalized, approval of Georgia’s
                                                                                                       2024 MVEBs for the Atlanta Area for                    redesignation request for the Atlanta
                                                  When reviewing submitted ‘‘control                   transportation conformity purposes in                  Area would change the official
                                               strategy’’ SIPs or maintenance plans                    the near future by completing the                      designation of Barrow, Bartow, Carroll,
                                               containing MVEB, EPA may                                adequacy process that was started on                   Cherokee, Clayton, Cobb, Coweta,
                                               affirmatively find the MVEB contained                   February 21, 2013. After EPA finds the                 DeKalb, Douglas, Fayette, Forsyth,
                                               therein adequate for use in determining                 2024 MVEBs adequate under 40 CFR                       Fulton, Gwinnett, Hall, Henry, Newton,
                                               transportation conformity. Once EPA                     93.118(f)(1)(iv) or takes final action to              Paulding, Rockdale, Spalding, Walton,
                                               affirmatively finds the submitted MVEB                  approve them into the Georgia SIP                      and portions of Heard and Putnam
                                               is adequate for transportation                          under 40 CFR 93.118(f)(2)(iii), the new                Counties in Georgia, as found at 40 CFR
                                               conformity purposes, that MVEBs must                    MVEBs for NOX and PM2.5 must be used                   part 81, from nonattainment to
                                               be used by state and federal agencies in                for future transportation conformity                   attainment for the 1997 PM2.5 NAAQS.
                                               determining whether proposed                            determinations. For required regional
                                               transportation projects conform to the                  emissions analysis years that involve                  X. Statutory and Executive Order
                                               SIP as required by section 176(c) of the                2024 or beyond, the applicable budgets                 Reviews
                                               CAA.                                                    will be the new 2024 MVEBs                                Under the CAA, redesignation of an
                                                  EPA’s substantive criteria for                       established in the maintenance plan.                   area to attainment and the
                                               determining adequacy of MVEBs are set                   IX. Proposed Actions on the                            accompanying approval of a
                                               out in 40 CFR 93.118(e)(4). The process                 Redesignation Request and                              maintenance plan under section
                                               for determining adequacy consists of                    Maintenance Plan SIP Revisions                         107(d)(3)(E) are actions that affect the
                                               three basic steps: Public notification of               Including Approval of the NOX and                      status of a geographical area and do not
                                               a SIP submission, a public comment                      PM2.5 MVEBs for 2024 for the Atlanta                   impose any additional regulatory
                                               period, and EPA’s adequacy                              Area                                                   requirements on sources beyond those
                                               determination. This process for                                                                                imposed by state law. A redesignation to
                                               determining the adequacy of submitted                      On December 8, 2011, EPA
                                                                                                                                                              attainment does not in and of itself
                                                                                                       determined that the Atlanta Area was
                                               MVEBs for transportation conformity                                                                            create any new requirements, but rather
                                                                                                       attaining the 1997 PM2.5 NAAQS. See 76
                                               purposes was initially outlined in EPA’s                                                                       results in the applicability of
                                                                                                       FR 76620. EPA is now proposing to take
                                               May 14, 1999, guidance entitled                                                                                requirements contained in the CAA for
                                                                                                       three separate but related actions
                                               ‘‘Conformity Guidance on                                                                                       areas that have been redesignated to
                                                                                                       regarding the redesignation and
                                               Implementation of March 2, 1999,                                                                               attainment. Moreover, the Administrator
                                                                                                       maintenance of the 1997 Annual PM2.5
                                               Conformity Court Decision.’’ EPA                                                                               is required to approve a SIP submission
                                                                                                       NAAQS for the Atlanta Area.
                                               adopted regulations to codify the                          First, EPA is proposing to determine,               that complies with the provisions of the
                                               adequacy process in rulemaking entitled                 based upon review of quality-assured                   Act and applicable Federal regulations.
                                               ‘‘Transportation Conformity Rule                        and certified ambient monitoring data                  See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                               Amendments for the New 8-Hour Ozone                     for the 2008–2010 period, and review of                Thus, in reviewing SIP submissions,
                                               and PM2.5 National Ambient Air Quality                  data in AQS for 2011 through 2014 that                 EPA’s role is to approve state choices,
                                               Standards and Miscellaneous Revisions                   the Atlanta Area continues to attain the               provided that they meet the criteria of
                                               for Existing Areas; Transportation                      1997 Annual PM2.5 NAAQS. Second,                       the CAA. Accordingly, these proposed
                                               Conformity Rule Amendments:                             EPA proposing to approve the                           actions merely approve state law as
                                               Response to Court Decision and                          maintenance plan for the Atlanta Area,                 meeting federal requirements and do not
                                               Additional Rule Changes’’; July 1, 2004                 including the NOX and PM2.5 MVEBs for                  impose additional requirements beyond
                                               (69 FR 40004). Additional information                   2024, into the Georgia SIP (under                      those imposed by state law. For that
                                               on the adequacy process for                             section 175A). As described above, the                 reason, these proposed actions:
                                               transportation conformity purposes is                   maintenance plan demonstrates that the                    • Are not significant regulatory
                                               available in the proposed rule entitled                 Area will continue to maintain the 1997                actions subject to review by the Office
                                               ‘‘Transportation Conformity Rule                        Annual PM2.5 NAAQS, and the budgets                    of Management and Budget under
                                               Amendments: Response to Court                           meet all of the adequacy criteria                      Executive Orders 12866 (58 FR 51735,
                                               Decision and Additional Rule Changes’’;                 contained in 40 CFR 93.118(e)(4) and                   October 4, 1993) and 13563 (76 FR 3821,
                                               June 30, 2003 (68 FR 38974, 38984).                     (5). Third, EPA is proposing to approve                January 21, 2011);
                                                  As discussed earlier, Georgia’s                      Georgia’s request for redesignation of                    • do not impose an information
                                               maintenance plan submission includes                    the Atlanta Area from nonattainment to                 collection burden under the provisions
                                               NOX and PM2.5 MVEBs for the Atlanta                     attainment for the 1997 p.m.2.5 NAAQS                  of the Paperwork Reduction Act (44
                                               Area for 2024, the last year of the                     based upon the preliminary                             U.S.C. 3501 et seq.);
                                               maintenance plan. EPA reviewed the                      determination that the Area has met the                   • are certified as not having a
                                               NOX and PM2.5 MVEBs through the                         requirements for redesignation under                   significant economic impact on a
                                               adequacy process, and the adequacy of                   CAA section 107(d)(3)(E). Further, as                  substantial number of small entities
                                               the MVEBs was open for public                           part of today’s action, EPA is describing              under the Regulatory Flexibility Act (5
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                                               comment on EPA’s adequacy Web site                      the status of its adequacy determination               U.S.C. 601 et seq.);
                                               on February 21, 2013, found at: http://                 for the 2024 NOX and VOC MVEBs in                         • do not contain any unfunded
                                               www.epa.gov/otaq/stateresources/                        accordance with 40 CFR 93.118(f)(1).                   mandate or significantly or uniquely
                                               transconf/currsips.htm. The EPA public                  Within 24 months from the effective                    affect small governments, as described
                                               comment period on adequacy for the                      date of EPA’s adequacy determination                   in the Unfunded Mandates Reform Act
                                               MVEBs for 2024 for Atlanta Area closed                  for the MVEBs or the publication date                  of 1995 (Pub. L. 104–4);
                                               on March 25, 2013. EPA did not receive                  for the final rule for this action,                       • do not have Federalism
                                               any comments on the adequacy of the                     whichever is earlier, the transportation               implications as specified in Executive


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                                               1162                    Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Proposed Rules

                                               Order 13132 (64 FR 43255, August 10,                    under Executive Order 12898 (59 FR                     relations, Nitrogen oxides, Particulate
                                               1999);                                                  7629, February 16, 1994).                              matter, Reporting and recordkeeping
                                                 • are not economically significant                       In addition, the SIP is not approved                requirements, Sulfur oxides, Volatile
                                               regulatory actions based on health or                   to apply on any Indian reservation land                organic compounds.
                                               safety risks subject to Executive Order                 or in any other area where EPA or an
                                               13045 (62 FR 19885, April 23, 1997);                    Indian tribe has demonstrated that a                   40 CFR Part 81
                                                 • are not significant regulatory                      tribe has jurisdiction. In those areas of
                                               actions subject to Executive Order                      Indian country, the rule does not have                   Environmental protection, Air
                                               13211 (66 FR 28355, May 22, 2001);                      tribal implications as specified by                    pollution control.
                                                 • are not subject to requirements of                  Executive Order 13175 (65 FR 67249,                      Authority: 42 U.S.C. 7401 et seq.
                                               Section 12(d) of the National                           November 9, 2000), nor will it impose                    Dated: December 22, 2015.
                                               Technology Transfer and Advancement                     substantial direct costs on tribal
                                               Act of 1995 (15 U.S.C. 272 note) because                                                                       Heather McTeer Toney,
                                                                                                       governments or preempt tribal law.
                                               application of those requirements would                                                                        Regional Administrator, Region 4.
                                               be inconsistent with the CAA; and                       List of Subjects in 40 CFR Part 52                     [FR Doc. 2015–33196 Filed 1–8–16; 8:45 am]
                                                 • will not have disproportionate                        Environmental protection, Air                        BILLING CODE 6560–50–P
                                               human health or environmental effects                   pollution control, Intergovernmental
Lhorne on DSK5TPTVN1PROD with PROPOSALS




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Document Created: 2016-01-16 01:07:07
Document Modified: 2016-01-16 01:07:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before February 1, 2016.
ContactJoel Huey, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Joel Huey may be reached by phone at (404) 562-9104 or via electronic mail at [email protected]
FR Citation81 FR 1144 
CFR Citation40 CFR 52
40 CFR 81
CFR AssociatedEnvironmental Protection; Air Pollution Control; Intergovernmental Relations; Nitrogen Oxides; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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