82 FR 25523 - Air Plan Approval; Air Plan Approval and Air Quality Designation; GA; Redesignation of the Atlanta, Georgia 2008 8-Hour Ozone Nonattainment Area to Attainment
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 105 (June 2, 2017)
Federal Register Volume 82, Issue 105 (June 2, 2017)
| Page Range | 25523-25529 | |
| FR Document | 2017-10934 |
[Federal Register Volume 82, Number 105 (Friday, June 2, 2017)] [Rules and Regulations] [Pages 25523-25529] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10934] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R04-OAR-2016-0583; FRL-9962-27-Region 4] Air Plan Approval; Air Plan Approval and Air Quality Designation; GA; Redesignation of the Atlanta, Georgia 2008 8-Hour Ozone Nonattainment Area to Attainment AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: On July 18, 2016, the State of Georgia, through the Georgia Environmental Protection Division (GA EPD) of the Department of Natural Resources, submitted a request for the Environmental Protection Agency (EPA) to redesignate the Atlanta, Georgia 2008 8-hour ozone nonattainment area (hereinafter referred to as the ``Atlanta Area'' or ``Area'') to attainment for the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS) and to approve a State Implementation Plan (SIP) revision containing a maintenance plan for the Area. EPA is approving the State's maintenance plan, including the motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX ) and volatile organic compounds (VOC) for the years 2014 and 2030 for the Area, and redesignating the Area to attainment for the 2008 8-hour ozone NAAQS. Additionally, EPA finds the 2014 and 2030 MVEBs for the Atlanta Area adequate for the purposes of transportation conformity. DATES: This rule will be effective June 2, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2016-0583. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information 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 through 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: Jane Spann, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Spann can be reached by phone at (404) 562-9029 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background for Final Actions Effective July 20, 2012, EPA designated areas as unclassifiable/ attainment or nonattainment for the 2008 8-hour ozone NAAQS that was promulgated on March 27, 2008. See 77 FR 30088 (May 21, 2012). The Atlanta Area was designated as nonattainment for the 2008 8-hour ozone NAAQS and classified as a marginal nonattainment area.\1\ On July 14, 2016, EPA issued a determination that the Area had attained the 2008 8- hour ozone NAAQS (81 FR 45419). On July 18, 2016, Georgia requested that EPA redesignate the Atlanta Area to attainment for the 2008 8-hour ozone NAAQS and submitted a SIP revision containing the State's plan for maintaining attainment of the 2008 8-hour ozone standard in the Area, including 2014 and 2030 MVEBs for NOX and VOC for the Atlanta Area. In a notice of proposed rulemaking (NPRM) published on December 23, 2016 (81 FR 94283), EPA proposed to approve the maintenance plan, including the 2014 and 2030 MVEBs for NOX and VOC, and incorporate the plan into the Georgia SIP and to redesignate the Area to attainment for the 2008 8-hour ozone NAAQS. In that notice, EPA also notified the public of the status of the Agency's adequacy determination for the NOX and VOC MVEBs for the Atlanta Area. The details of Georgia's submittal and the rationale for EPA's actions are further explained in the NPRM. --------------------------------------------------------------------------- \1\ The Atlanta Area consists of Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding and Rockdale Counties in Georgia. --------------------------------------------------------------------------- II. Response to Comments EPA received one set of comments on its December 23, 2016, proposed rulemaking actions. Specifically, EPA received adverse comments from the Sierra Club (``Commenter''). These [[Page 25524]] comments are provided in the docket for this final action. See Docket number EPA-R04-OAR-2016-0583. A summary of the adverse comments and EPA's responses are provided below. Comment 1: The Commenter contends that EPA may not approve Georgia's request to redesignate the Atlanta Area to attainment because, according to the Commenter, the Atlanta Area failed to attain the 2008 8-hour ozone NAAQS. The Commenter believes that the Area failed to attain this NAAQS ``by law'' because the Cobb County ozone monitor did not meet the 75 percent data completeness requirement for 2014 or the 90 percent data completeness requirement for the 2013-2015 period. Response 1: EPA disagrees with the Commenter that the Area has not attained the 2008 8-hour ozone NAAQS. EPA issued a final determination of attainment on July 14, 2016, based on the same 2013-2015 air quality data it is using as the basis of this redesignation action. See 81 FR 45419. EPA took notice and comment on its determination of attainment and the Commenter could have raised its concern to the Agency regarding data from the Kennesaw National Guard monitor (also known as the Cobb County monitor) at that time, but failed to do so. In any case, EPA does not find reason to alter its conclusion that the Area has attained the 2008 ozone NAAQS based on concerns raised in the comment, and the most recent available data and information continues to support this finding. With regard to the Commenter's concern regarding the 2014 ozone season data from the Kennesaw National Guard monitor, EPA's technical analysis, available in a technical support document located in the docket for this rulemaking, demonstrates that the 2013-2015 design value would not have violated the standard even assuming the most conservative estimates for the missing data from that monitor. As described in greater detail in the technical support document, in EPA's technical judgment, the Area has attained the 2008 8-hour ozone NAAQS. In making its determination, EPA evaluated all valid certified monitoring data collected during 2013-2015 by monitors in or near the nonattainment area.\2\ EPA also conducted the additional technical analysis described in the technical support document for the Kennesaw National Guard monitor, which did not collect complete data during 2014. The results of this technical analysis indicate that even under the most conservative estimates, it is very unlikely that the monitor would have violated the 2008 8-hour ozone NAAQS of 75 ppb. --------------------------------------------------------------------------- \2\ EPA retrieved data for the monitors in the Atlanta Area and the Georgia Station CASTNET monitoring site in Pike County near the Atlanta Area. --------------------------------------------------------------------------- Following publication of the proposed redesignation, Georgia certified its 2016 data for the Atlanta Area which shows that the Area continues to attain the NAAQS with a 2014-2016 design value of 75 ppb.\3\ Incomplete data for the Kennesaw National Guard monitor in 2014 does not affect this conclusion because, as discussed above, EPA conducted an analysis and has concluded that it is very unlikely that the monitor would have violated the NAAQS if it had collected completed data.\4\ --------------------------------------------------------------------------- \3\ The air quality data is located at https://www.epa.gov/outdoor-air-quality-data. \4\ The fourth-highest daily maximum 8-hour average value for 2016 at the Kennesaw National Guard monitor is 70 ppb. --------------------------------------------------------------------------- Comment 2: The Commenter argues that the interstate transport provision at CAA section 110(a)(2)(D)(i)(I) is an applicable requirement for the purposes of redesignation. Therefore, the Commenter does not believe that EPA can redesignate a nonattainment area to attainment unless the state has submitted, and EPA has approved, a SIP revision that contains adequate provisions prohibiting any source located in the state from emitting any air pollutant in amounts which will contribute significantly to nonattainment in, or interfere with maintenance by, any other state with respect to any NAAQS. Because Georgia did not submit a SIP revision satisfying the good neighbor provision for the 2008 8-hour ozone NAAQS, the Commenter contends that Georgia has not met all applicable requirements for redesignation of the Area under CAA section 107(d)(3)(E)(v) (requiring the State to have met all applicable requirements under section 110 and Part D) and section 107(d)(3)(E)(ii) (requiring the State to have a fully approved applicable SIP under section 110(k)). Response 2: As discussed in the NPRM and in numerous other redesignation actions, EPA has long interpreted the section 110(a)(2)(D) interstate transport requirements as not applicable for the purposes of redesignation. See, e.g., 81 FR 94283 (December 23, 2016), 78 FR 43096 (July 19, 2013), 76 FR 79579 (December 22, 2011), 74 FR 53198 (October 16, 2009), 72 FR 56312 (October 3, 2007). The Agency has consistently distinguished the section 110 and part D requirements that apply regardless of an area's attainment designation--such as 110(a)(2)(D) interstate transport requirements, 176(c) conformity requirements, section 184 ozone transport region measures, and section 211(m) oxygenated fuels requirements--from those requirements in section 110 and part D that are linked to the nonattainment designation of an area and thus no longer need be complied with upon redesignation to attainment status. If a requirement applies to an area regardless of whether its designation is nonattainment, maintenance, or attainment, and thus other parts of the CAA will continue to obligate the area to meet the requirement after redesignation, EPA has interpreted the requirement as not ``applicable'' for purposes of section 107(d)(3)(E)(ii) or (v). See, e.g., 66 FR 53094 (October 19, 2001), 65 FR 37879 (June 19, 2000), 62 FR 24826 (May 7, 1997), 61 FR 53174 (October 10, 1996), 61 FR 20458 (May 7, 1996), 60 FR 62748 (December 7, 1995). Courts have upheld EPA's authority to interpret what constitutes an ``applicable'' requirement under section 107(d)(3)(E), and have deferred to EPA's interpretation that requirements that continue to apply after a redesignation are not ``applicable'' for purposes of section 107(d)(3)(E)(ii) and (v). See Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004); Wall v. EPA, 265 F.3d 426 (6th Cir. 2001). We note that EPA has acted consistently with this interpretation by issuing a number of actions outside the context of area redesignations to address CAA 110(a)(2)(D)(i)(I)'s transport provision. On October 26, 2016, EPA issued a final rulemaking (CSAPR Update) updating the regional NOx ozone season trading program established under the original 2011 Cross-State Air Pollution Rule. See 81 FR 74504. As described in more detail in the CSAPR Update, EPA conducted air quality modeling and concluded that Georgia did not significantly contribute to nonattainment or interfere with maintenance of the 2008 8-hour ozone NAAQS in other states. Therefore, even though, as the Commenter points out, EPA did issue a finding of failure to submit a 110(a)(2)(D)(i)(I) transport SIP to Georgia, the Agency later determined that the State had no substantive obligation to reduce its emissions to meet its transport obligations for the 2008 ozone NAAQS. Comment 3: The Commenter claims that neither Georgia nor EPA have sufficiently shown that the improvement in air quality is due to permanent and enforceable emissions reductions rather than to temporary [[Page 25525]] fluctuations in weather or the economy, from decreased electricity production in the Area, or from impermanent and unenforceable measures. The Commenter believes that EPA did nothing more than cite to and summarize certain applicable pollutant control regulations and that EPA must estimate the percent reduction achieved from each of the cited measures ``in order to clearly show that the air quality improvements are indeed the result of implemented permanent and enforceable controls.'' The Commenter also states that the Utility Mercury Air Toxics Standards (MATS), listed in the section of the NPRM discussing permanent and enforceable measures, cannot have improved air quality during the relevant time period and that MATS does not have any relevance for ozone. Response 3: EPA does not agree with the Commenter that the Agency has not properly determined that the Area's attainment is due to permanent and enforceable reductions in emissions, as required by CAA section 107(d)(3)(E)(iii). EPA's approach in this action is consistent with its long-standing interpretation that to satisfy that provision, as set forth in the Calcagni Memorandum cited by the Commenter, EPA must show that the improvement in air quality necessary for an area to attain the relevant NAAQS is reasonably attributable to permanent and enforceable reductions in emissions.\5\ As recently affirmed by the U.S. Court of Appeals for the Seventh Circuit, EPA's approach to demonstrating that section 107(d)(3)(E)(iii) has been met is a reasonable and appropriate method of meeting the CAA's requirements. See Sierra Club v. EPA, 774 F.3d 383 (7th Cir. 2014). As noted by the court, it is not necessary for EPA to ``prove causation to an absolute certainty,'' and the Agency is entitled to deference when using its ``experience, expertise, and professional judgment'' in determining whether the improvement in air quality is reasonably attributable to permanent and enforceable measures. See Sierra Club, 774 F.3d at 395-96 (agreeing with EPA that its approach sufficed, and that an ``elaborate analytical exercise is not required by the CAA''). In this case, the Commenter claims that EPA's demonstration is inadequate and charges that the Agency must estimate the percent reduction achieved from each of the permanent and enforceable measures in order for the Agency to redesignate an area. In fact, for the measures that were primarily responsible for the improvement in ozone concentrations in the Area, EPA did estimate the percentage reduction in emissions. The majority of ozone precursor emissions in the Area are generated by mobile sources, and the vast majority of emission reductions in the Area are similarly associated with the permanent and enforceable mobile source measures identified in the NPRM.\6\ --------------------------------------------------------------------------- \5\ Memorandum from John Calcagni, Director, Air Quality Management Division, to EPA regional air directors re: Procedures for Processing Requests to Redesignate Areas to Attainment (September 4, 1992), p.4. \6\ In 2011, mobile sources accounted for approximately 84 percent of NOX emissions and 53 percent of VOC emissions in the Area. See 80 FR 48036 (August 11, 2015). In 2014, mobile sources accounted for approximately 87 percent of NOX emissions and 51 percent of VOC emissions. See 81 FR 94283. The comparison of the 2011 and 2014 emissions inventories in Table 2, below, shows that mobile source NOX emissions decreased by approximately 60 tons per summer day (tpsd) (equating to 72 percent of the total NOX emissions reductions) and mobile source VOC emissions decreased by approximately 34 tpsd (equating to 68 percent of the total VOC emissions reductions). --------------------------------------------------------------------------- Consistent with the Calcagni Memorandum, Georgia and EPA also took steps in the analysis, as outlined in the NPRM, to ensure that the improvement in air quality was not due to temporary weather conditions. Georgia provided and EPA evaluated ozone season temperature and precipitation data for the Area from 1930 through 2015. See 81 FR 94288. This data shows that the average temperature and precipitation in 2013 fluctuates around the average meteorological conditions; the years 2014 and 2015 were hotter than the 1930-2000 average temperature; and precipitation in 2014 was less than the 1930-2000 average. Therefore, EPA proposed to determine that the improvement in ozone air quality was not the result of unusually favorable weather conditions. The Commenter did not provide any climatological data to refute this proposed determination. Although the Commenter claims that EPA and the State must also demonstrate that the improvement in air quality was not due to the economy or decreased electricity production, EPA does not have any information indicating that the improvement was due to these factors and the Commenter has not provided any such information. Consistent with EPA's long-standing practice and policy, a comparison of nonattainment period emissions with attainment period emissions is relevant in demonstrating permanent and enforceable emissions reductions. EPA has evaluated the ozone precursor emissions data in the Area and found that there were significant reductions in these emissions in multiple source categories from 2011 (a nonattainment year) to 2014 (an attainment year). During this time period, the emissions data show that non-road NOX and VOC emissions decreased, point source NOX emissions decreased, and mobile NOX and VOC emissions decreased. During this time period, mobile source emissions provided the greatest reductions, with NOX emissions decreasing by approximately 60 tons per summer day (tpsd) (equating to 72 percent of the total NOX emissions reductions) and mobile source VOC emissions decreased by approximately 34 tpsd (equating to 68 percent of the total VOC emissions reductions). It is not necessary for every change in emissions between the nonattainment year and the attainment year to be permanent and enforceable. Rather, as discussed above, the CAA requires that improvement in air quality necessary for an area to attain the relevant NAAQS must be reasonably attributable to permanent and enforceable emission reductions in emissions. --------------------------------------------------------------------------- \7\ For 2011, Georgia also reported 3.45 tpsd of biogenic emissions not included in this total; for 2014, the area source emissions total includes 0.01 tons per summer day of wild and prescribed fires. Table 1--NOX Emissions for the Atlanta 2008 8-Hour Ozone NAAQS Nonattainment Area [Tons per summer day] \7\ ---------------------------------------------------------------------------------------------------------------- Year Point source Area source On-road Non-road Total ---------------------------------------------------------------------------------------------------------------- 2011............................ 54.63 4.63 214.98 91.92 366.16 2014............................ 31.36 4.88 170.15 76.69 283.08 ---------------------------------------------------------------------------------------------------------------- [[Page 25526]] Table 2--VOC Emissions for the Atlanta 2008 8-Hour Ozone NAAQS Nonattainment Area [Tons per summer day] \8\ ---------------------------------------------------------------------------------------------------------------- Year Point source Area source On-road Non-road Total ---------------------------------------------------------------------------------------------------------------- 2011............................ 10.36 137.06 108.62 60.56 316.60 2014............................ 11.24 119.88 81.76 53.38 266.26 ---------------------------------------------------------------------------------------------------------------- The State calculated the on-road and non-road mobile source emissions summarized in Tables 2 and 3 using EPA-approved models and procedures that account for fleet turnover, increased population, and the federal mobile source measures identified as permanent and enforceable measures in the NPRM such as the Tier 2 vehicle and fuel standards, the large non-road diesel engines rule,\9\ heavy-duty gasoline and diesel highway vehicle standards,\10\ medium and heavy duty vehicle fuel consumption and greenhouse gas (GHG) standards,\11\ non-road spark-ignition engines and recreational engines standards,\12\ and the national program for GHG emissions and fuel economy standards.13 14 These mobile source measures have resulted in, and continue to result in, large reductions in NOX emissions over time due to fleet turnover (i.e., the replacement of older vehicles that predate the standards with newer vehicles that meet the standards). For example, implementation of the Tier 2 standards began in 2004, and as newer, cleaner cars enter the national fleet, these standards continue to significantly reduce NOX emissions. As discussed in the NPRM, EPA expects that these standards will reduce NOX emissions from vehicles by approximately 74 percent by 2030, translating to nearly 3 million tons annually by 2030.\15\ --------------------------------------------------------------------------- \8\ For 2011, Georgia also reported 914.88 tpsd of biogenic emissions that are not included in this total; for 2014, the area source emissions total includes 0.02 tpsd of wild and prescribed fires. \9\ EPA estimated that compliance with this rule will cut NOX emissions from non-road diesel engines by up to 90 percent nationwide. \10\ EPA projects a 2.6 million ton reduction in NOX emissions by 2030 when the heavy-duty vehicle fleet is completely replaced with newer heavy-duty vehicles that comply with these emission standards. 66 FR 5002, 5012 (January 18, 2001). \11\ When fully implemented in 2018, this rule is expected to reduce NOX emissions from the covered vehicles by 20 percent. \12\ When fully implemented, the standards will result in an 80 percent reduction in NOX by 2020. \13\ Georgia used EPA's MOVES2010b and MOVES2014a model to calculate on-road emissions factors and used the NEI2011 and MOVES2014a for non-road emissions. \14\ Georgia used the interagency consultation process required by 40 CFR part 93 (known as the Transportation Conformity Rule) which requires EPA, the United States Department of Transportation, metropolitan planning organizations, state departments of transportation, and State and local air quality agencies to work together to develop applicable implementation plans. The on-road emissions were generated by an aggregate of the vehicle activity (generated from the travel demand model) on individual roadways multiplied by the appropriate emissions factor from MOVES2014. The assumptions which are included in the travel demand model, such as population, were reviewed through the interagency consultation process. \15\ EPA, Regulatory Announcement, EPA420-F-99-051 (December 1999), available at: https://www.epa.gov/regulations-emissions-vehicles-and-engines/regulations-greenhouse-gas-emissions-passenger-cars-and. --------------------------------------------------------------------------- Regarding MATS, EPA acknowledges that it inadvertently included this rule as a permanent and enforceable measure. As the Commenter correctly notes, MATS did not result in permanent and enforceable emissions reductions in the Area during the relevant time period because the State extended the compliance date for the relevant sources in the Area to April 2016. The SIP-approved state measures resulting in permanent and enforceable emission reductions include Georgia Rule 391-3- 1-.02(2)(yy)--Emissions of Nitrogen Oxides, Georgia Rule 391-3- 1-.02(2)(jjj)--NOX from EGUs, Georgia Rule 391-3- 1-.02(2)(lll)--NOX from Fuel Burning Equipment, Georgia Rule 391-3-1-.02(2)(nnn)--NOX from Stationary Gas Turbines, Georgia Rule 391-3-1-.02(2)(rrr)--NOX from Small Fuel Burning Equipment, and Georgia Rule Chapter 391-3-20--Enhanced Inspection and Maintenance. The federal measures resulting in permanent and enforceable emission reductions include the Clean Air Interstate Rule (CAIR)/Cross-State Air Pollution Rule (CSAPR), Tier 2 vehicle and fuel standards, large non-road diesel engines rule, medium and heavy- duty vehicle fuel consumption and GHG standards, heavy-duty gasoline and diesel highway vehicle standards, nonroad spark-ignition engines and recreational engines standards, national program for GHG emissions and fuel economy standards, and Boiler and Reciprocating Internal Combustion Engine (RICE) National Emissions Standards for Hazardous Air Pollutants (NESHAP). The inadvertent inclusion of the MATS Rule in the NPRM does not affect EPA's conclusion that the improvement in ozone air quality is reasonably attributable to the remaining measures identified in the NPRM. Although MATS did not result in permanent and enforceable reductions until April 2016, it is expected to result in further reductions in NOx emissions during the maintenance period.\16\ --------------------------------------------------------------------------- \16\ See Regulatory Impact Analysis for Final Mercury and Air Toxics Standards, EPA-452/R-11-011/December 2011. Available at https://www.epa.gov/sites/production/files/2015-11/documents/matsriafinal.pdf. --------------------------------------------------------------------------- Comment 4: The Commenter asserts that Georgia's maintenance plan is inadequate to ensure maintenance of the 2008 8-hour ozone standard in the Area over the next ten years. The specific arguments offered by the Commenter in support of its assertion are summarized in Comments 4(a) through 4(c), below. Comment 4a: The Commenter states that neither Georgia nor EPA can be sure that the attainment inventory for 2014, the attainment year used by the State to demonstrate maintenance throughout the first 10- year maintenance period, is sufficient to attain the standard because ``2014 is the year that the ozone season monitoring data for the Cobb County monitor failed to meet either of the statutory completeness requirements for an attainment designation.'' Response 4a: As discussed above in response to Comment 1, EPA determined that the Area is attaining the standard and has conducted technical analyses to support this determination. For NAAQS based on a three-year averaging period, EPA allows states to develop attainment emissions inventories in their section 175A maintenance plans using any of the three years on which an attainment determination is based. See, e.g., 80 FR 54577 (July 30, 2015), 79 FR 16734 (March 26, 2014), 78 FR 72040 (December 2, 2013), 78 FR 38648 (June 27, 2013). This approach is consistent with the guidance provided to states in preparing attainment inventories for 110(a)(1) maintenance plans for the 1997 8-hour ozone NAAQS. See Memorandum from Lydia Wegman, Director, Air Quality Strategies and Standards Division, to Air Division Directors, re: Maintenance Plan Guidance Document for Certain 8-hour Ozone Areas under Section 110(a)(1) of [[Page 25527]] Clean Air Act (May 20, 2005), p. 4. Therefore, it is appropriate to use 2014 as the attainment year in the maintenance demonstration for the Atlanta Area. Also, the Commenter has not raised any issues regarding the accuracy of the emissions inventory that was developed for 2014. Comment 4b: The Commenter claims that the implementation schedules in the maintenance plan for the Tier I and Tier II contingency measures, allowing for up to 24 months for implementation, are ``unacceptably long and fail to satisfy the prompt response timing required by CAA Section 175A'' to correct ``potential monitored violations.'' The Commenter believes that Georgia should commit to selecting and implementing Tier I and Tier II contingency measures within 12 months of a trigger. The Commenter also states that ``[t]his issue is compounded by the fact that Georgia's most recent ozone monitoring data from 2016 demonstrate that a number of the Atlanta Area monitors continues to record annual fourth highest daily maximum 8-hour average ozone concentrations above the NAAQS.'' Response 4b: EPA disagrees with the Commenter's contention that the maintenance plan's implementation schedules for contingency measures fail to satisfy the ``prompt response'' requirement in CAA section 175A(d). This section of the CAA requires that a maintenance plan include such contingency provisions as the Administrator deems necessary to assure that the state will promptly correct a violation of the NAAQS that occurs after redesignation of an area. Thus, Congress gave EPA discretion to evaluate and determine the contingency measures that EPA ``deems necessary'' to assure that the state will promptly correct any subsequent violation. Section 175A does not establish any deadlines for implementation of contingency measures after redesignation to attainment. It also provides far more latitude than does section 172(c)(9), which applies to a different set of contingency measures applicable to nonattainment areas. Section 172(c)(9) contingency measures must ``take effect . . . without further action by the State or [EPA].'' By contrast, section 175A(d) allows EPA to take into account the need of a state to assess, adopt, and implement contingency measures if and when a violation occurs after an area's redesignation to attainment. As noted by the U.S. Court of Appeals for the Sixth Circuit in Greenbaum v. EPA, 370 F.3d 527, 540 (6th Cir. 2004), EPA ``has been granted broad discretion by Congress in determining what is `necessary to assure' prompt correction'' under section 175A, and ``no pre-determined schedule for adoption of the measures is necessary in each specific case.'' In making this determination, EPA accounts for the time that is required for states to analyze data and address the causes and appropriate means of remedying a violation. EPA also considers the time required to adopt and implement appropriate measures in assessing what ``promptly'' means in this context. In the case of the Atlanta Area, EPA believes that the contingency measures set forth in the submittal, combined with the State's commitment to implement contingency measures as expeditiously as practicable but no later than 24 months of a trigger, provide assurance that the State will promptly correct a future violation. Given the uncertainty regarding the nature of the contingency measures required to address a violation, the State may need up to 24 months to enact new statutes; develop new or modified regulations and complete notice and comment rulemaking; or take actions authorized by current state law that require the purchase and installation of equipment (e.g., diesel retrofits) or the development and implementation of new programs. In addition, EPA has previously approved implementation of contingency measures within 24 months of a violation to comply with the requirements of section 175A in several instances. See, e.g., 81 FR 76891 (November 4, 2016), 80 FR 61775 (October 14, 2015), 79 FR 67120 (November 12, 2014), 78 FR 44494 (July 24, 2013), 77 FR 34819 (June 12, 2012), 76 FR 59512 (Sept. 27, 2011), 75 FR 2091 (January 14, 2010). EPA also notes that the Commenter did not provide any rationale for concluding that a 12-month implementation period is necessary to satisfy section 175A and that the Tier I response is not subject to section 175A(d) because it is triggered before any violation has occurred. The Commenter's statement that ``this issue is compounded by'' fourth-highest daily maximum 2016 ozone concentrations ``above the NAAQS'' is unclear. In accordance with 40 CFR part 50, appendix I, the determination as to whether the Area meets the NAAQS is based on the three-year average of the annual fourth-highest readings at a monitor, not on a monitor's fourth-highest ozone value in a single year. No monitored value in a single year can itself be a violation. The Area has attained the NAAQS, as discussed in the response to Comment 1, and met the other criteria necessary for redesignation. Once the redesignation is effective, the State will follow its maintenance plan and implement contingency measures pursuant to that plan. If Georgia observes a fourth highest value of 0.076 ppm or greater at a single monitor for which the previous ozone season had a fourth highest value of 0.076 ppm or greater, a Tier 1 trigger will be activated and the State will take action consistent with the Tier I procedure described in the maintenance plan. Comment 4c: The Commenter believes that the maintenance plan is ``likely inadequate'' to maintain the 2008 8-hour ozone NAAQS because, according to the Commenter, the assumptions underlying Georgia's maintenance determination ``likely underestimate the level of ozone reductions actually required to maintain the standard in light of increasingly warming temperatures to come.'' Response 4c: EPA does not agree that the maintenance plan is inadequate because it does not specifically consider the impacts of climate change on future ozone concentrations. EPA believes that the broad range of potential future climate outcomes and variability of projected response to these outcomes limits EPA's ability to develop specific actionable SIP policies for any specific location. Additionally, EPA generally believes that the natural variability in meteorological patterns will have a larger influence on ozone concentrations than climate influences over the relatively short-term SIP maintenance period. Thus, EPA believes it is appropriate to rely upon the existing technical guidance and applicable CAA provisions to ensure that ozone maintenance areas do not violate the NAAQS. III. Final Action EPA is taking two separate, but related, final actions. First, EPA is approving the maintenance plan for the Atlanta Area, including the NOX and VOC MVEBs for 2014 and 2030, and incorporating it into the Georgia SIP. The maintenance plan demonstrates that the Area will continue to maintain the 2008 8-hour ozone NAAQS, and the MVEBs meet all of the adequacy criteria contained in 40 CFR 93.118(e)(4) and (5). Second, EPA is approving Georgia's redesignation request for the 2008 8-hour ozone NAAQS for the Atlanta Area. Approval of the redesignation request changes the official designation of Bartow County, Cherokee County, Clayton County, Cobb County, Coweta County, DeKalb County, Douglas County, Fayette County, Forsyth [[Page 25528]] County, Fulton County, Gwinnett County, Henry County, Newton County, Paulding County, and Rockdale County in the Atlanta Area for the 2008 8-hour ozone NAAQS from nonattainment to attainment, as found at 40 CFR part 81. EPA is also notifying the public that EPA finds the newly- established NOX and VOC MVEBs for the Atlanta Area adequate for the purpose of transportation conformity. Within 24 months from this final rule, the transportation partners will need to demonstrate conformity to the new NOX and VOC MVEBs pursuant to 40 CFR 93.104(e). EPA has determined that these actions are effective immediately upon publication under the authority of 5 U.S.C. 553(d)(1) and (d)(3). The purpose of the 30-day waiting period prescribed in section 553(d) is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. Section 553(d)(1) allows an effective date less than 30 days after publication if a substantive rule ``relieves a restriction.'' These actions qualify for the exception under section 553(d)(1) because they relieve the State of various requirements for the Area. Furthermore, section 553(d)(3) allows an effective date less than 30 days after publication ``as otherwise provided by the agency for good cause found and published with the rule.'' EPA finds good cause to make these actions effective immediately pursuant to section 553(d)(3) because they do not create any new regulatory requirements such that affected parties would need time to prepare before the actions take effect. IV. 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 actions merely approve state law as meeting federal requirements and do not impose additional requirements beyond those imposed by state law. For this reason, these actions:Are not significant regulatory actions subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Do not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Are certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Do not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Do not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Are not economically significant regulatory actions based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Are not significant regulatory actions subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Are not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and Will not have disproportionate human health or environmental effects under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 1, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. 40 CFR Part 81 Environmental protection, Air pollution control. Dated: April 27, 2017. V. Anne Heard, Acting Regional Administrator, Region 4. 40 CFR parts 52 and 81 are amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart L--Georgia 0 2. In Sec. 52.570, the table in paragraph (e) is amended by adding the entry ``2008 8-hour ozone Maintenance Plan for the Atlanta Area'' at the end of the table to read as follows: Sec. 52.570 Identification of plan. * * * * * (e) * * * [[Page 25529]] EPA-Approved Georgia Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State Applicable submittal Name of nonregulatory SIP geographic or date/ EPA approval date Explanation provision nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 2008 8-hour ozone Maintenance Bartow, Cherokee, 7/18/2016 6/2/2017, [insert Plan for the Atlanta Area. Clayton, Cobb, Federal Register Coweta, DeKalb, citation]. Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding and Rockdale Counties. ---------------------------------------------------------------------------------------------------------------- PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 0 3. The authority citation for part 81 continues to read as follows: Authority: 42 U.S.C. 7401, et seq. 0 4. In Sec. 81.311, the table entitled ``Georgia--2008 8-Hour Ozone NAAQS (Primary and secondary)'' is amended by revising the entry for ``Atlanta, GA: \2\'' to read as follows: Sec. 81.311 Georgia. * * * * * Georgia--2008 8-Hour Ozone NAAQS [Primary and secondary] ---------------------------------------------------------------------------------------------------------------- Designation Classification Designated area ------------------------------------------------------------------------------- Date \1\ Type Date \1\ Type ---------------------------------------------------------------------------------------------------------------- Atlanta, GA: \2\................ 6/2/2017 Attainment............ Bartow County............... .............. Attainment............ Cherokee County............. .............. Attainment............ Clayton County.............. .............. Attainment............ Cobb County................. .............. Attainment............ Coweta County............... .............. Attainment............ DeKalb County............... .............. Attainment............ Douglas County.............. .............. Attainment............ Fayette County.............. .............. Attainment............ Forsyth County.............. .............. Attainment............ Fulton County............... .............. Attainment............ Gwinnett County............. .............. Attainment............ Henry County................ .............. Attainment............ Newton County............... .............. Attainment............ Paulding County............. .............. Attainment............ Rockdale County............. .............. Attainment............ * * * * * * * ---------------------------------------------------------------------------------------------------------------- \1\ This date is July 20, 2012, unless otherwise noted. \2\ Excludes Indian country located in each area, unless otherwise noted. * * * * * [FR Doc. 2017-10934 Filed 6-1-17; 8:45 am] BILLING CODE 6560-50-P
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§ 165.T09–0372 Special local regulation; ENVIRONMENTAL PROTECTION requests that if at all possible, you
Motor City Mile; Detroit River; Detroit, MI. AGENCY contact the person listed in the FOR
(a) Location. A regulated area is FURTHER INFORMATION CONTACT section to
40 CFR Parts 52 and 81 schedule your inspection. The Regional
established to encompass the following
waterway: All waters of the Detroit [EPA–R04–OAR–2016–0583; FRL–9962–27– Office’s official hours of business are
Region 4] Monday through Friday 8:30 a.m. to
River, Belle Isle Beach between the
4:30 p.m., excluding federal holidays.
following two lines: The first line is
Air Plan Approval; Air Plan Approval FOR FURTHER INFORMATION CONTACT: Jane
drawn directly across the channel from and Air Quality Designation; GA; Spann, Air Regulatory Management
position 42°20.517′ N., 082°59.159′ W. Redesignation of the Atlanta, Georgia Section, Air Planning and
to 42°20.705′ N., 082°59.233′ W. (NAD 2008 8-Hour Ozone Nonattainment Implementation Branch, Pesticides and
83); the second line, to the north, is Area to Attainment Toxics Management Division, Region 4,
drawn directly across the channel from U.S. Environmental Protection Agency,
position 42°20.754′ N., 082°58.681′ W. AGENCY: Environmental Protection
Agency. 61 Forsyth Street SW., Atlanta, Georgia
to 42°20.997′ N., 082°58.846″ W. (NAD 30303–8960. Ms. Spann can be reached
83). ACTION: Final rule.
by phone at (404) 562–9029 or via
(b) Enforcement period. This section SUMMARY: On July 18, 2016, the State of electronic mail at spann.jane@epa.gov.
is effective and will be enforced from 7 Georgia, through the Georgia SUPPLEMENTARY INFORMATION:
a.m. until 12 p.m. on July 6, 2017. Environmental Protection Division (GA
EPD) of the Department of Natural I. Background for Final Actions
(c) Regulations.
Resources, submitted a request for the Effective July 20, 2012, EPA
(1) Vessels transiting through the Environmental Protection Agency (EPA) designated areas as unclassifiable/
regulated area are to maintain the to redesignate the Atlanta, Georgia 2008 attainment or nonattainment for the
minimum speeds for safe navigation. 8-hour ozone nonattainment area 2008 8-hour ozone NAAQS that was
(2) Vessel operators desiring to (hereinafter referred to as the ‘‘Atlanta promulgated on March 27, 2008. See 77
operate in the regulated area must Area’’ or ‘‘Area’’) to attainment for the FR 30088 (May 21, 2012). The Atlanta
contact the Coast Guard Patrol 2008 8-hour ozone National Ambient Area was designated as nonattainment
Commander to obtain permission to do Air Quality Standards (NAAQS) and to for the 2008 8-hour ozone NAAQS and
so. The Captain of the Port Detroit approve a State Implementation Plan classified as a marginal nonattainment
(COTP) or his on-scene representative (SIP) revision containing a maintenance area.1 On July 14, 2016, EPA issued a
plan for the Area. EPA is approving the determination that the Area had
may be contacted via VHF Channel 16
State’s maintenance plan, including the attained the 2008 8-hour ozone NAAQS
or at 313–568–9560. Vessel operators
motor vehicle emission budgets (81 FR 45419). On July 18, 2016, Georgia
given permission to operate within the (MVEBs) for nitrogen oxides (NOX) and requested that EPA redesignate the
regulated area must comply with all volatile organic compounds (VOC) for Atlanta Area to attainment for the 2008
directions given to them by the COTP or the years 2014 and 2030 for the Area, 8-hour ozone NAAQS and submitted a
his on-scene representative. and redesignating the Area to SIP revision containing the State’s plan
(3) The ‘‘on-scene representative’’ of attainment for the 2008 8-hour ozone for maintaining attainment of the 2008
the COTP Detroit is any Coast Guard NAAQS. Additionally, EPA finds the 8-hour ozone standard in the Area,
commissioned, warrant or petty officer 2014 and 2030 MVEBs for the Atlanta including 2014 and 2030 MVEBs for
or a Federal, State, or local law Area adequate for the purposes of NOX and VOC for the Atlanta Area. In
enforcement officer designated by or transportation conformity. a notice of proposed rulemaking
assisting the Captain of the Port Detroit DATES: This rule will be effective June (NPRM) published on December 23,
to act on his behalf. 2, 2017. 2016 (81 FR 94283), EPA proposed to
ADDRESSES: EPA has established a approve the maintenance plan,
(4) Vessel operators shall contact the including the 2014 and 2030 MVEBs for
COTP Detroit or his on-scene docket for this action under Docket
Identification No. EPA–R04–OAR– NOX and VOC, and incorporate the plan
representative to obtain permission to into the Georgia SIP and to redesignate
2016–0583. All documents in the docket
enter or operate within the special local the Area to attainment for the 2008 8-
are listed on the www.regulations.gov
regulation. The COTP Detroit or his on- Web site. Although listed in the index, hour ozone NAAQS. In that notice, EPA
scene representative may be contacted some information may not be publicly also notified the public of the status of
via VHF Channel 16 or at 313–568– available, i.e., Confidential Business the Agency’s adequacy determination
9464. Vessel operators given permission Information or other information whose for the NOX and VOC MVEBs for the
to enter or operate in the regulated area disclosure is restricted by statute. Atlanta Area. The details of Georgia’s
must comply with all directions given to Certain other material, such as submittal and the rationale for EPA’s
them by the COTP Detroit or his on- copyrighted material, is not placed on actions are further explained in the
scene representative. the Internet and will be publicly NPRM.
Dated: May 26, 2017. available only in hard copy form. II. Response to Comments
Scott B. Lemasters,
Publicly available docket materials are
available either electronically through EPA received one set of comments on
Commander, U.S. Coast Guard, Captain of
www.regulations.gov or in hard copy at its December 23, 2016, proposed
the Port Detroit. rulemaking actions. Specifically, EPA
the Air Regulatory Management Section,
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[FR Doc. 2017–11465 Filed 6–1–17; 8:45 am]
Air Planning and Implementation received adverse comments from the
BILLING CODE 9110–04–P Branch, Air, Pesticides and Toxics Sierra Club (‘‘Commenter’’). These
Management Division, U.S. 1 The Atlanta Area consists of Bartow, Cherokee,
Environmental Protection Agency, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette,
Region 4, 61 Forsyth Street SW., Forsyth, Fulton, Gwinnett, Henry, Newton,
Atlanta, Georgia 30303–8960. EPA Paulding and Rockdale Counties in Georgia.
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![Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Rules and Regulations 25525
fluctuations in weather or the economy, when using its ‘‘experience, expertise, weather conditions. The Commenter did
from decreased electricity production in and professional judgment’’ in not provide any climatological data to
the Area, or from impermanent and determining whether the improvement refute this proposed determination.
unenforceable measures. The in air quality is reasonably attributable Although the Commenter claims that
Commenter believes that EPA did to permanent and enforceable measures. EPA and the State must also
nothing more than cite to and See Sierra Club, 774 F.3d at 395–96 demonstrate that the improvement in air
summarize certain applicable pollutant (agreeing with EPA that its approach quality was not due to the economy or
control regulations and that EPA must sufficed, and that an ‘‘elaborate decreased electricity production, EPA
estimate the percent reduction achieved analytical exercise is not required by the does not have any information
from each of the cited measures ‘‘in CAA’’). In this case, the Commenter indicating that the improvement was
order to clearly show that the air quality claims that EPA’s demonstration is due to these factors and the Commenter
improvements are indeed the result of inadequate and charges that the Agency has not provided any such information.
implemented permanent and must estimate the percent reduction Consistent with EPA’s long-standing
enforceable controls.’’ The Commenter achieved from each of the permanent practice and policy, a comparison of
also states that the Utility Mercury Air and enforceable measures in order for nonattainment period emissions with
Toxics Standards (MATS), listed in the the Agency to redesignate an area. In attainment period emissions is relevant
section of the NPRM discussing fact, for the measures that were in demonstrating permanent and
permanent and enforceable measures, primarily responsible for the enforceable emissions reductions. EPA
cannot have improved air quality during improvement in ozone concentrations in has evaluated the ozone precursor
the relevant time period and that MATS the Area, EPA did estimate the emissions data in the Area and found
does not have any relevance for ozone. percentage reduction in emissions. The that there were significant reductions in
Response 3: EPA does not agree with majority of ozone precursor emissions these emissions in multiple source
the Commenter that the Agency has not in the Area are generated by mobile categories from 2011 (a nonattainment
properly determined that the Area’s sources, and the vast majority of year) to 2014 (an attainment year).
attainment is due to permanent and emission reductions in the Area are During this time period, the emissions
enforceable reductions in emissions, as similarly associated with the permanent data show that non-road NOX and VOC
required by CAA section and enforceable mobile source measures emissions decreased, point source NOX
107(d)(3)(E)(iii). EPA’s approach in this identified in the NPRM.6 emissions decreased, and mobile NOX
action is consistent with its long- Consistent with the Calcagni and VOC emissions decreased. During
standing interpretation that to satisfy Memorandum, Georgia and EPA also this time period, mobile source
that provision, as set forth in the took steps in the analysis, as outlined in emissions provided the greatest
Calcagni Memorandum cited by the the NPRM, to ensure that the reductions, with NOX emissions
Commenter, EPA must show that the improvement in air quality was not due decreasing by approximately 60 tons per
improvement in air quality necessary for to temporary weather conditions. summer day (tpsd) (equating to 72
an area to attain the relevant NAAQS is Georgia provided and EPA evaluated percent of the total NOX emissions
reasonably attributable to permanent ozone season temperature and reductions) and mobile source VOC
and enforceable reductions in precipitation data for the Area from emissions decreased by approximately
emissions.5 As recently affirmed by the 1930 through 2015. See 81 FR 94288. 34 tpsd (equating to 68 percent of the
U.S. Court of Appeals for the Seventh This data shows that the average total VOC emissions reductions). It is
Circuit, EPA’s approach to temperature and precipitation in 2013 not necessary for every change in
demonstrating that section fluctuates around the average emissions between the nonattainment
107(d)(3)(E)(iii) has been met is a meteorological conditions; the years year and the attainment year to be
reasonable and appropriate method of 2014 and 2015 were hotter than the permanent and enforceable. Rather, as
meeting the CAA’s requirements. See 1930–2000 average temperature; and discussed above, the CAA requires that
Sierra Club v. EPA, 774 F.3d 383 (7th precipitation in 2014 was less than the improvement in air quality necessary for
Cir. 2014). As noted by the court, it is 1930–2000 average. Therefore, EPA an area to attain the relevant NAAQS
not necessary for EPA to ‘‘prove proposed to determine that the must be reasonably attributable to
causation to an absolute certainty,’’ and improvement in ozone air quality was permanent and enforceable emission
the Agency is entitled to deference not the result of unusually favorable reductions in emissions.
TABLE 1—NOX EMISSIONS FOR THE ATLANTA 2008 8-HOUR OZONE NAAQS NONATTAINMENT AREA
[Tons per summer day] 7
Year Point source Area source On-road Non-road Total
2011 ..................................................................................... 54.63 4.63 214.98 91.92 366.16
2014 ..................................................................................... 31.36 4.88 170.15 76.69 283.08
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5 Memorandum from John Calcagni, Director, Air 48036 (August 11, 2015). In 2014, mobile sources reductions) and mobile source VOC emissions
Quality Management Division, to EPA regional air accounted for approximately 87 percent of NOX decreased by approximately 34 tpsd (equating to 68
directors re: Procedures for Processing Requests to emissions and 51 percent of VOC emissions. See 81 percent of the total VOC emissions reductions).
Redesignate Areas to Attainment (September 4, FR 94283. The comparison of the 2011 and 2014 7 For 2011, Georgia also reported 3.45 tpsd of
1992), p.4. emissions inventories in Table 2, below, shows that
biogenic emissions not included in this total; for
6 In 2011, mobile sources accounted for mobile source NOX emissions decreased by
approximately 84 percent of NOX emissions and 53 approximately 60 tons per summer day (tpsd) 2014, the area source emissions total includes 0.01
percent of VOC emissions in the Area. See 80 FR (equating to 72 percent of the total NOX emissions tons per summer day of wild and prescribed fires.
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![25526 Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Rules and Regulations
TABLE 2—VOC EMISSIONS FOR THE ATLANTA 2008 8-HOUR OZONE NAAQS NONATTAINMENT AREA
[Tons per summer day] 8
Year Point source Area source On-road Non-road Total
2011 ..................................................................................... 10.36 137.06 108.62 60.56 316.60
2014 ..................................................................................... 11.24 119.88 81.76 53.38 266.26
The State calculated the on-road and standards began in 2004, and as newer, in ozone air quality is reasonably
non-road mobile source emissions cleaner cars enter the national fleet, attributable to the remaining measures
summarized in Tables 2 and 3 using these standards continue to significantly identified in the NPRM. Although
EPA-approved models and procedures reduce NOX emissions. As discussed in MATS did not result in permanent and
that account for fleet turnover, increased the NPRM, EPA expects that these enforceable reductions until April 2016,
population, and the federal mobile standards will reduce NOX emissions it is expected to result in further
source measures identified as from vehicles by approximately 74 reductions in NOx emissions during the
permanent and enforceable measures in percent by 2030, translating to nearly 3 maintenance period.16
the NPRM such as the Tier 2 vehicle million tons annually by 2030.15 Comment 4: The Commenter asserts
and fuel standards, the large non-road Regarding MATS, EPA acknowledges that Georgia’s maintenance plan is
diesel engines rule,9 heavy-duty that it inadvertently included this rule inadequate to ensure maintenance of the
gasoline and diesel highway vehicle as a permanent and enforceable 2008 8-hour ozone standard in the Area
standards,10 medium and heavy duty measure. As the Commenter correctly over the next ten years. The specific
vehicle fuel consumption and notes, MATS did not result in arguments offered by the Commenter in
greenhouse gas (GHG) standards,11 non- permanent and enforceable emissions support of its assertion are summarized
road spark-ignition engines and reductions in the Area during the in Comments 4(a) through 4(c), below.
recreational engines standards,12 and relevant time period because the State Comment 4a: The Commenter states
the national program for GHG emissions extended the compliance date for the that neither Georgia nor EPA can be sure
and fuel economy standards.13 14 These relevant sources in the Area to April that the attainment inventory for 2014,
mobile source measures have resulted 2016. the attainment year used by the State to
in, and continue to result in, large The SIP-approved state measures demonstrate maintenance throughout
reductions in NOX emissions over time resulting in permanent and enforceable the first 10-year maintenance period, is
due to fleet turnover (i.e., the emission reductions include Georgia sufficient to attain the standard because
replacement of older vehicles that Rule 391–3–1–.02(2)(yy)—Emissions of ‘‘2014 is the year that the ozone season
predate the standards with newer Nitrogen Oxides, Georgia Rule 391–3–1– monitoring data for the Cobb County
vehicles that meet the standards). For .02(2)(jjj)—NOX from EGUs, Georgia monitor failed to meet either of the
example, implementation of the Tier 2 Rule 391–3–1–.02(2)(lll)—NOX from statutory completeness requirements for
Fuel Burning Equipment, Georgia Rule an attainment designation.’’
8 For 2011, Georgia also reported 914.88 tpsd of
391–3–1–.02(2)(nnn)—NOX from Response 4a: As discussed above in
biogenic emissions that are not included in this Stationary Gas Turbines, Georgia Rule response to Comment 1, EPA
total; for 2014, the area source emissions total
includes 0.02 tpsd of wild and prescribed fires. 391–3–1–.02(2)(rrr)—NOX from Small determined that the Area is attaining the
9 EPA estimated that compliance with this rule Fuel Burning Equipment, and Georgia standard and has conducted technical
will cut NOX emissions from non-road diesel Rule Chapter 391–3–20—Enhanced analyses to support this determination.
engines by up to 90 percent nationwide. Inspection and Maintenance. The For NAAQS based on a three-year
10 EPA projects a 2.6 million ton reduction in
federal measures resulting in permanent averaging period, EPA allows states to
NOX emissions by 2030 when the heavy-duty
vehicle fleet is completely replaced with newer and enforceable emission reductions develop attainment emissions
heavy-duty vehicles that comply with these include the Clean Air Interstate Rule inventories in their section 175A
emission standards. 66 FR 5002, 5012 (January 18, (CAIR)/Cross-State Air Pollution Rule maintenance plans using any of the
2001). (CSAPR), Tier 2 vehicle and fuel three years on which an attainment
11 When fully implemented in 2018, this rule is
expected to reduce NOX emissions from the covered
standards, large non-road diesel engines determination is based. See, e.g., 80 FR
vehicles by 20 percent. rule, medium and heavy-duty vehicle 54577 (July 30, 2015), 79 FR 16734
12 When fully implemented, the standards will fuel consumption and GHG standards, (March 26, 2014), 78 FR 72040
result in an 80 percent reduction in NOX by 2020. heavy-duty gasoline and diesel highway (December 2, 2013), 78 FR 38648 (June
13 Georgia used EPA’s MOVES2010b and
vehicle standards, nonroad spark- 27, 2013). This approach is consistent
MOVES2014a model to calculate on-road emissions
factors and used the NEI2011 and MOVES2014a for
ignition engines and recreational with the guidance provided to states in
non-road emissions. engines standards, national program for preparing attainment inventories for
14 Georgia used the interagency consultation GHG emissions and fuel economy 110(a)(1) maintenance plans for the
process required by 40 CFR part 93 (known as the standards, and Boiler and Reciprocating 1997 8-hour ozone NAAQS. See
Transportation Conformity Rule) which requires Internal Combustion Engine (RICE) Memorandum from Lydia Wegman,
EPA, the United States Department of
Transportation, metropolitan planning National Emissions Standards for Director, Air Quality Strategies and
organizations, state departments of transportation, Hazardous Air Pollutants (NESHAP). Standards Division, to Air Division
and State and local air quality agencies to work The inadvertent inclusion of the Directors, re: Maintenance Plan
together to develop applicable implementation MATS Rule in the NPRM does not affect Guidance Document for Certain 8-hour
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plans. The on-road emissions were generated by an
aggregate of the vehicle activity (generated from the EPA’s conclusion that the improvement Ozone Areas under Section 110(a)(1) of
travel demand model) on individual roadways
multiplied by the appropriate emissions factor from 15 EPA, Regulatory Announcement, EPA420–F– 16 See Regulatory Impact Analysis for Final
MOVES2014. The assumptions which are included 99–051 (December 1999), available at: https:// Mercury and Air Toxics Standards, EPA–452/R–11–
in the travel demand model, such as population, www.epa.gov/regulations-emissions-vehicles-and- 011/December 2011. Available at https://
were reviewed through the interagency consultation engines/regulations-greenhouse-gas-emissions- www.epa.gov/sites/production/files/2015-11/
process. passenger-cars-and. documents/matsriafinal.pdf.
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![Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Rules and Regulations 25527
Clean Air Act (May 20, 2005), p. 4. determining what is ‘necessary to redesignation. Once the redesignation is
Therefore, it is appropriate to use 2014 assure’ prompt correction’’ under effective, the State will follow its
as the attainment year in the section 175A, and ‘‘no pre-determined maintenance plan and implement
maintenance demonstration for the schedule for adoption of the measures is contingency measures pursuant to that
Atlanta Area. Also, the Commenter has necessary in each specific case.’’ In plan. If Georgia observes a fourth
not raised any issues regarding the making this determination, EPA highest value of 0.076 ppm or greater at
accuracy of the emissions inventory that accounts for the time that is required for a single monitor for which the previous
was developed for 2014. states to analyze data and address the ozone season had a fourth highest value
Comment 4b: The Commenter claims causes and appropriate means of of 0.076 ppm or greater, a Tier 1 trigger
that the implementation schedules in remedying a violation. EPA also will be activated and the State will take
the maintenance plan for the Tier I and considers the time required to adopt and action consistent with the Tier I
Tier II contingency measures, allowing implement appropriate measures in procedure described in the maintenance
for up to 24 months for implementation, assessing what ‘‘promptly’’ means in plan.
are ‘‘unacceptably long and fail to this context. Comment 4c: The Commenter
satisfy the prompt response timing In the case of the Atlanta Area, EPA believes that the maintenance plan is
required by CAA Section 175A’’ to believes that the contingency measures ‘‘likely inadequate’’ to maintain the
correct ‘‘potential monitored set forth in the submittal, combined 2008 8-hour ozone NAAQS because,
violations.’’ The Commenter believes with the State’s commitment to according to the Commenter, the
that Georgia should commit to selecting implement contingency measures as assumptions underlying Georgia’s
and implementing Tier I and Tier II expeditiously as practicable but no later maintenance determination ‘‘likely
contingency measures within 12 months than 24 months of a trigger, provide underestimate the level of ozone
of a trigger. The Commenter also states assurance that the State will promptly reductions actually required to maintain
that ‘‘[t]his issue is compounded by the correct a future violation. Given the the standard in light of increasingly
fact that Georgia’s most recent ozone uncertainty regarding the nature of the warming temperatures to come.’’
monitoring data from 2016 demonstrate contingency measures required to Response 4c: EPA does not agree that
that a number of the Atlanta Area address a violation, the State may need the maintenance plan is inadequate
monitors continues to record annual up to 24 months to enact new statutes; because it does not specifically consider
fourth highest daily maximum 8-hour develop new or modified regulations the impacts of climate change on future
average ozone concentrations above the and complete notice and comment ozone concentrations. EPA believes that
NAAQS.’’ rulemaking; or take actions authorized the broad range of potential future
Response 4b: EPA disagrees with the by current state law that require the climate outcomes and variability of
Commenter’s contention that the purchase and installation of equipment projected response to these outcomes
maintenance plan’s implementation (e.g., diesel retrofits) or the development limits EPA’s ability to develop specific
schedules for contingency measures fail and implementation of new programs. actionable SIP policies for any specific
to satisfy the ‘‘prompt response’’ In addition, EPA has previously location. Additionally, EPA generally
requirement in CAA section 175A(d). approved implementation of believes that the natural variability in
This section of the CAA requires that a contingency measures within 24 months meteorological patterns will have a
maintenance plan include such of a violation to comply with the larger influence on ozone
contingency provisions as the requirements of section 175A in several concentrations than climate influences
Administrator deems necessary to instances. See, e.g., 81 FR 76891 over the relatively short-term SIP
assure that the state will promptly (November 4, 2016), 80 FR 61775 maintenance period. Thus, EPA believes
correct a violation of the NAAQS that (October 14, 2015), 79 FR 67120 it is appropriate to rely upon the
occurs after redesignation of an area. (November 12, 2014), 78 FR 44494 (July existing technical guidance and
Thus, Congress gave EPA discretion to 24, 2013), 77 FR 34819 (June 12, 2012), applicable CAA provisions to ensure
evaluate and determine the contingency 76 FR 59512 (Sept. 27, 2011), 75 FR that ozone maintenance areas do not
measures that EPA ‘‘deems necessary’’ 2091 (January 14, 2010). EPA also notes violate the NAAQS.
to assure that the state will promptly that the Commenter did not provide any
correct any subsequent violation. III. Final Action
rationale for concluding that a 12-month
Section 175A does not establish any implementation period is necessary to EPA is taking two separate, but
deadlines for implementation of satisfy section 175A and that the Tier I related, final actions. First, EPA is
contingency measures after response is not subject to section approving the maintenance plan for the
redesignation to attainment. It also 175A(d) because it is triggered before Atlanta Area, including the NOX and
provides far more latitude than does any violation has occurred. VOC MVEBs for 2014 and 2030, and
section 172(c)(9), which applies to a The Commenter’s statement that ‘‘this incorporating it into the Georgia SIP.
different set of contingency measures issue is compounded by’’ fourth-highest The maintenance plan demonstrates
applicable to nonattainment areas. daily maximum 2016 ozone that the Area will continue to maintain
Section 172(c)(9) contingency measures concentrations ‘‘above the NAAQS’’ is the 2008 8-hour ozone NAAQS, and the
must ‘‘take effect . . . without further unclear. In accordance with 40 CFR part MVEBs meet all of the adequacy criteria
action by the State or [EPA].’’ By 50, appendix I, the determination as to contained in 40 CFR 93.118(e)(4) and
contrast, section 175A(d) allows EPA to whether the Area meets the NAAQS is (5).
take into account the need of a state to based on the three-year average of the Second, EPA is approving Georgia’s
assess, adopt, and implement annual fourth-highest readings at a redesignation request for the 2008 8-
contingency measures if and when a monitor, not on a monitor’s fourth- hour ozone NAAQS for the Atlanta
nlaroche on DSK30NT082PROD with RULES
violation occurs after an area’s highest ozone value in a single year. No Area. Approval of the redesignation
redesignation to attainment. As noted by monitored value in a single year can request changes the official designation
the U.S. Court of Appeals for the Sixth itself be a violation. The Area has of Bartow County, Cherokee County,
Circuit in Greenbaum v. EPA, 370 F.3d attained the NAAQS, as discussed in the Clayton County, Cobb County, Coweta
527, 540 (6th Cir. 2004), EPA ‘‘has been response to Comment 1, and met the County, DeKalb County, Douglas
granted broad discretion by Congress in other criteria necessary for County, Fayette County, Forsyth
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![Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Rules and Regulations 25529
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
State
Applicable
Name of submittal
geographic or EPA approval
nonregulatory date/ Explanation
nonattainment date
SIP provision effective
area date
* * * * * * *
2008 8-hour ozone Main- Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, 7/18/2016 6/2/2017, [insert Federal
tenance Plan for the At- Douglas, Fayette, Forsyth, Fulton, Gwinnett, Register citation].
lanta Area. Henry, Newton, Paulding and Rockdale Counties.
PART 81—DESIGNATION OF AREAS Authority: 42 U.S.C. 7401, et seq. by revising the entry for ‘‘Atlanta,
FOR AIR QUALITY PLANNING GA: 2’’ to read as follows:
■ 4. In § 81.311, the table entitled
PURPOSES
‘‘Georgia—2008 8-Hour Ozone NAAQS § 81.311 Georgia.
■ 3. The authority citation for part 81 (Primary and secondary)’’ is amended * * * * *
continues to read as follows:
GEORGIA—2008 8-HOUR OZONE NAAQS
[Primary and secondary]
Designation Classification
Designated area
Date 1 Type Date 1 Type
Atlanta, GA: 2 ................................................................................................... 6/2/2017 Attainment.
Bartow County .......................................................................................... ........................ Attainment.
Cherokee County ...................................................................................... ........................ Attainment.
Clayton County ......................................................................................... ........................ Attainment.
Cobb County ............................................................................................. ........................ Attainment.
Coweta County ......................................................................................... ........................ Attainment.
DeKalb County ......................................................................................... ........................ Attainment.
Douglas County ........................................................................................ ........................ Attainment.
Fayette County ......................................................................................... ........................ Attainment.
Forsyth County ......................................................................................... ........................ Attainment.
Fulton County ........................................................................................... ........................ Attainment.
Gwinnett County ....................................................................................... ........................ Attainment.
Henry County ............................................................................................ ........................ Attainment.
Newton County ......................................................................................... ........................ Attainment.
Paulding County ....................................................................................... ........................ Attainment.
Rockdale County ...................................................................................... ........................ Attainment.
* * * * * * *
1 This date is July 20, 2012, unless otherwise noted.
2 Excludes Indian country located in each area, unless otherwise noted.
* * * * * rule issued in the Federal Register on Constitution Ave. NW., Washington, DC
[FR Doc. 2017–10934 Filed 6–1–17; 8:45 am] January 4, 2017, from June 5, 2017 to 20460–0001. The Public Reading Room
BILLING CODE 6560–50–P May 22, 2018. That rule addressed is open from 8:30 a.m. to 4:30 p.m.,
revisions to the Certification of Pesticide Monday through Friday, excluding legal
Applicators rule. holidays. The telephone number for the
ENVIRONMENTAL PROTECTION Public Reading Room is (202) 566–1744,
AGENCY DATES: The effective date of the rule
and the telephone number for the OPP
amending 40 CFR part 171 that
Docket is (703) 305–5805. Please review
40 CFR Part 171 published at 82 FR 952, January 4, 2017,
the visitor instructions and additional
delayed at 82 FR 8499, January 26, 2017,
information about the docket available
[EPA–HQ–OPP–2011–0183; FRL–9963–34] and 82 FR 14324, March 20, 2017, is
at http://www.epa.gov/dockets.
further delayed until May 22, 2018.
Pesticides; Certification of Pesticide FOR FURTHER INFORMATION CONTACT:
ADDRESSES: The docket for this action,
Applicators; Delay of Effective Date Kevin Keaney, Field and External
identified by docket identification (ID)
Affairs Division (7506P), Office of
number EPA–HQ–OPP–2011–0183, is
nlaroche on DSK30NT082PROD with RULES
AGENCY: Environmental Protection
Pesticide Programs, Environmental
Agency (EPA). available at http://www.regulations.gov
Protection Agency, 1200 Pennsylvania
ACTION: Final rule; delay of effective or at the Office of Pesticide Programs
Ave. NW., Washington, DC 20460;
date. Regulatory Public Docket (OPP Docket)
telephone number: (703) 305–5557;
in the Environmental Protection Agency
email address: keaney.kevin@epa.gov.
SUMMARY: With this action, EPA is Docket Center (EPA/DC), West William
delaying the effective date for the final Jefferson Clinton Bldg., Rm. 3334, 1301 SUPPLEMENTARY INFORMATION:
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Document Created: 2017-06-02 00:37:46
Document Modified: 2017-06-02 00:37:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will be effective June 2, 2017. | |
| Contact | Jane Spann, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Spann can be reached by phone at (404) 562-9029 or via electronic mail at [email protected] | |
| FR Citation | 82 FR 25523 | |
| CFR Citation | 40
CFR
52 40 CFR 81 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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