[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Proposed Rules]
[Pages 94283-94295]
[FR Doc No: 2016-30879]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

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

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

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

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2016-0583 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jane Spann, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Spann
can be reached by phone at<PHONE_NUMBER> or via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

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

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

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

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

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

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

III. What are the criteria for redesignation?

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

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

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

IV. Why is EPA proposing these actions?

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

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

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

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

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

                       Table 2--2013-2015 Design Value Concentrations for the Atlanta Area
                                                      [ppm]
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                                                                  4th Highest 8-hour ozone value        3-Year
                                                             ---------------------------------------    design
       Location (county)             Monitoring station                                                 values
                                                                  2013         2014         2015    ------------
                                                                                2013-2015
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Cobb..........................  GA National Guard, McCollum         0.067        0.063        0.066        0.066
                                 Pkwy (13-067-0003).
Coweta........................  University of W. Georgia at         0.053        0.067        0.066        0.062
                                 Newnan (13-077-0002).
DeKalb........................  2390-B Wildcat Road Decatur         0.062        0.070        0.071        0.067
                                 (13-089-0002).
Douglas.......................  Douglas Co. Water Auth. W.          0.063        0.065        0.070        0.066
                                 Strickland St. (13-097-
                                 0004).
Gwinnett......................  Gwinnett Tech, 5150                 0.069        0.068        0.071        0.069
                                 Sugarloaf Pkwy. (13-135-
                                 0002).
Henry.........................  Henry County Extension              0.070        0.075        0.070        0.071
                                 Office (13-151-0002).
Paulding......................  Yorkville, King Farm (13-223-       0.062        0.059        0.065        0.062
                                 0003).
Rockdale......................  Conyers Monastery, 2625 GA          0.071        0.079        0.068        0.072
                                 Hwy. 212 (13-247-0001).
Fulton........................  Confederate Ave., Atlanta           0.069        0.073        0.077        0.073
                                 (13-121-0055).
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    The 3-year design value for 2013-2015 for the Atlanta Area is 0.073
ppm,\1\ which meets the NAAQS.
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    \1\ The design value for an area is the highest 3-year average
of the annual fourth-highest daily maximum 8-hour concentration
recorded at any monitor in the area.
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    For this proposed action, EPA has reviewed 2016 preliminary
monitoring data for the Area and proposes to find that the preliminary
data does not indicate a violation of the NAAQS.\2\ EPA will not take
final action to approve the redesignation if the 3-year design value
exceeds the NAAQS prior to EPA finalizing the redesignation. As
discussed in more detail below, Georgia has committed to continue
monitoring in this Area in accordance with 40 CFR part 58.
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    \2\ This preliminary data is available at EPA's air data Web
site: http://aqsdr1.epa.gov/aqsweb/aqstmp/airdata/.
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Criteria (2)--Georgia Has a Fully Approved SIP Under Section 110(k) for
the Atlanta Area; and Criteria (5)--Georgia Has Met All Applicable
Requirements Under Section 110 and Part D of Title I of the CAA

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

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

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

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

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

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

    On September 17, 2016, EPA finalized an update to the CSAPR ozone
season program. See 81 FR 74504 (October 26, 2016). The update
addresses summertime transport of ozone pollution in the eastern United
States that crosses state lines to help downwind states and communities
meet and maintain the 2008 8-hour ozone NAAQS and addresses the
remanded Phase 2 ozone season NOX budgets. The update
withdraws these remanded NOX budgets, sets new Phase 2 CSAPR
ozone season NOX emissions budgets for eight of the eleven
states with remanded budgets, and removes the other three states from
the CSAPR ozone season NOX trading program.\9\
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    \9\ See 81 FR 74504 for further discussion. Georgia has an
ongoing original CSAPR NOX ozone season FIP requirement
with respect to the 1997 ozone NAAQS, but EPA has found that is does
not contribute to interstate transport with respect to the 2008
ozone NAAQS. EPA did not reopen comment on Georgia's interstate
transport obligation with respect to the 1997 ozone NAAQS in the
rulemaking for the CSAPR update rule, so Georgia's original CSAPR
NOX ozone season requirements (including its emission
budget) continue unchanged. See 81 FR 74506. The air quality
modeling for the CSAPR update rule did not identify the Atlanta Area
as an attainment or maintenance receptor for the 2008 8-hour ozone
NAAQS. See https://www3.epa.gov/airmarkets/CSAPRU/AQ%20Modeling%20TSD%20Final%20CSAPR%20Update.pdf.
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    Tier 2 vehicle and fuel standards. Implementation began in 2004 and
as newer, cleaner cars enter the national fleet, these standards
continue to significantly reduce NOX emissions.\10\ The
standards require all passenger vehicles in any manufacturer's fleet to
meet an average standard of 0.07 grams of NOX per mile.
Additionally, in January 2006, the sulfur content of gasoline was
required to be on average 30 ppm which assists in lowering the
NOX emissions. EPA expects that these standards will reduce
NOX emissions from vehicles by approximately 74 percent by
2030, translating to nearly 3 million tons annually by 2030.\11\
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    \10\ Georgia also identified Tier 3 Motor Vehicle Emissions and
Fuel Standards as a federal measure. EPA issued this rule in April
28, 2014, which applies to light duty passenger cars and trucks. EPA
promulgated this rule to reduce air pollution from new passenger
cars and trucks beginning in 2017. Tier 3 emission standards will
lower sulfur content of gasoline and lower the emissions standards.
    \11\ EPA, Regulatory Announcement, EPA420-F-99-051 (December
1999), available at: http://www.epa.gov/tier2/documents/f99051.pdf.
---------------------------------------------------------------------------

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

2018. The decrease in fuel consumption will result in a 7 percent to 20
percent decrease in NOX emissions.
    Heavy-duty gasoline and diesel highway vehicle standards. EPA
issued this rule in January 2001 (66 FR 5002). This rule includes
standards limiting the sulfur content of diesel fuel, which went into
effect in 2004. A second phase took effect in 2007, which further
reduced the highway diesel fuel sulfur content to 15 ppm, leading to
additional reductions in combustion NOX and VOC emissions.
EPA expects that this rule will achieve a 95 percent reduction in
NOX emissions from diesel trucks and buses and will reduce
NOX emissions by 2.6 million tons by 2030 when the heavy-
duty vehicle fleet is completely replaced with newer heavy-duty
vehicles that comply with these emission standards.\12\
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    \12\ 66 FR 5002, 5012 (January 18, 2001).
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    Nonroad spark-ignition engines and recreational engines standards.
The nonroad spark-ignition and recreational engine standards, effective
in July 2003, regulate NOX, hydrocarbons, and carbon
monoxide from groups of previously unregulated nonroad engines. These
engine standards apply to large spark-ignition engines (e.g., forklifts
and airport ground service equipment), recreational vehicles (e.g.,
off-highway motorcycles and all-terrain-vehicles), and recreational
marine diesel engines sold in the United States and imported after the
effective date of these standards. When all of the nonroad spark-
ignition and recreational engine standards are fully implemented, an
overall 72 percent reduction in hydrocarbons, 80 percent reduction in
NOX, and 56 percent reduction in carbon monoxide emissions
are expected by 2020. These controls reduce ambient concentrations of
ozone, carbon monoxide, and fine particulate matter.
    National program for greenhouse gas (GHG) emissions and fuel
economy standards. The federal GHG and fuel economy standards apply to
light-duty cars and trucks in model years 2012-2016 (phase 1) and 2017-
2025 (phase 2). The final standards are projected to result in an
average industry fleet-wide level of 163 grams/mile of carbon dioxide
which is equivalent to 54.5 miles per gallon if achieved exclusively
through fuel economy improvements. The fuel economy standards result in
less fuel being consumed, and therefore less NOX emissions
released.
    Boiler and Reciprocating Internal Combustion Engine (RICE) National
Emissions Standards for Hazardous Air Pollutants (NESHAP). The NESHAP
for industrial, commercial, and institutional boilers and the NESHAP
for RICE are projected to reduce VOC emissions. The former applies to
boiler and process heaters located at major sources of hazardous air
pollutants (HAPs) that burn natural gas, fuel oil, coal, biomass,
refinery gas, or other gas and had a compliance deadline of January 31,
2016. The latter applies to existing, new, or reconstructed stationary
RICE located at major or area sources of HAPs, excluding stationary
RICE being tested at a stationary RICE test cell, and has various
compliance dates from August 16, 2004, to October 19, 2013, depending
on the type of source.
    Utility Mercury Air Toxics Standards (MATS) and New Source
Performance Standards (NSPS). The MATS for coal and oil-fired electric
generation units (EGU) and the NSPS for fossil-fuel-fired electric
utility steam generating units were published on February 16, 2012 (77
FR 9304). The purpose is to reduce mercury and other toxic air
pollutant emissions from coal and oil-fired EGUs, 25 megawatts or more,
that generate electricity for sale and distribution through the
national electric grid to the public. The NSPS has revised emission
standards for NOX, SO2, and particulate matter
(PM) that apply to new coal and oil-fired power plants. The MATS
compliance date for existing sources was April 16, 2015. However, all
coal fired EGUs in Georgia received a one-year compliance extension.
MATS rule is expected to reduce NOX and SO2
emissions as well as emissions of mercury and other air toxics.
    EPA proposes to find that the improvements in air quality in the
Atlanta Area are due to real, permanent and enforceable reductions in
NOX and VOC emissions resulting from the federal and SIP-
approved state measures discussed above.

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

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

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

    For non-EGU emissions, Georgia calculated summer day emissions for
the 2014 and 2030 inventories using 2014 NOX and VOC
emissions submitted by facilities during the 2014 GA EPD emission data
collection process. The basis for Georgia's no-growth assumption for
non-EGU point source emissions from 2014-2030 is discussed in the SIP
submittal.
Non-Point Sources
    GA EPD based its 2014 area source emissions on its 2014 Air
Emissions Reporting Requirements (AERR) submittal.14 15 For
certain area source sectors, GA EPD used EPA draft 2014 emission
estimates \16\ and for other source sectors for which EPA does not have
draft 2014 estimates, GA EPD estimated 2014 area emissions using the
average of 2011 and 2017 emissions from EPA's 2011 emissions modeling
platform v6.2.\17\ GA EPD multiplied 2014 area source emissions with
growth factors to estimate 2030 area source emissions. These growth
factors were calculated using 2011, 2017, and 2025 emissions in EPA's
2011 modeling platform v6.2.
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    \14\ The area source inventory was developed with the February
16, 2016, draft National Emissions Inventory for 2014 (2014 NEI) for
all available source categories. Georgia EPD provided estimates for
remaining area source categories not yet included in the draft 2014
NEI, which served as the basis for Georgia's required submittal for
NEI development. The 2014 NEI is discussed further at https://www.epa.gov/air-emissions-inventories/2014-national-emissions-inventory-nei-documentation.
    \15\ EPA's AERR, set forth at Subpart A to 40 CFR part 51,
specifies that a state must submit triennial reports of annual (12-
month) emissions for all sources and every-year reports of annual
emissions of criteria air pollutants and their precursors for all
major sources as well as annual emissions reporting from certain
larger sources, as outlined in Appendix A to Subpart A. These
submittals serve to help develop the national emissions inventory
that EPA compiles and publishes triennially. The AERR includes
specific reporting thresholds for point sources in attainment and
nonattainment areas allows for general estimates for non-point
sources.
    \16\ https://www.epa.gov/air-emissions-inventories/2014-national-emissions-inventory-nei-documentation.
    \17\ Information regarding the 2011 emissions modeling platform
v6.2 is located at https://www.epa.gov/air-emissions-modeling/2011-version-6-air-emissions-modeling-platforms.
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    GA EPD developed 2014 agricultural burning and land clearing
emissions using 2014 burning records from the Georgia Forestry
Commission (GFC) and EPA agricultural burning emission factors.\18\ GA
EPD used 2014 burning records from GFC and military bases to determine
2014 wildfire and prescribed burning emissions. GA EPD assumed that
emissions from agricultural burning, land clearing, wildfire, and
prescribed burning remained constant from 2014-2030.
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    \18\ These emissions factors are available at https://www.epa.gov/air-emissions-inventories/2014-national-emissions-inventory-nei-documentation.
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On-Road Sources
    The Atlanta Regional Commission developed 2014 and 2030 on-road
mobile source emissions using EPA's MOVES2014a mobile source emissions
model. GA EPD used best available local data for model inputs such as
vehicle population, vehicle miles traveled (VMT), road type
distribution, average speed distribution, starts, ramp fractions, age
distributions, I/M inputs, and fuel properties. The model was run
separately for two different groups of nonattainment counties because
of differences in I/M program and Stage II refueling requirements. The
first group consisted of the following 13 counties with Stage II
refueling in place through 2015 \19\ and I/M programs: Cherokee,
Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton,
Gwinnett, Henry, Paulding, and Rockdale. The second group consisted of
the following counties without I/M programs or Stage II refueling:
Bartow and Newton.
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    \19\ As discussed above, Stage II controls are no longer
required because EPA promulgated onboard refueling vapor recovery
standards on April 6, 1994. See 59 FR 16262; 40 CFR parts 86, 88,
and 600. On January 22, 2015, Georgia submitted a SIP revision to
remove Stage II requirements from their SIP, and EPA approved this
revision on September 25, 2015. See 80 FR 57729.
---------------------------------------------------------------------------

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

IX. Proposed Actions

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

X. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, these proposed actions merely propose to approve state law
as meeting Federal requirements and do not impose additional
requirements beyond those imposed by state law. For these reasons,
these proposed actions:
     Are not significant regulatory actions subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     will not have disproportionate human health or
environmental effects under Executive Order 12898 (59 FR 7629, February
16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects

 40 CFR Part 52

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

 40 CFR Part 81

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

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

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


Schering-Plough’s response to EPA’s January 7, 2009 letter

This information is classified as Confidential Business Information (CBI).

CBI located at EPA headquarters 1310 L St NW.

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