[Federal Register Volume 78, Number 23 (Monday, February 4, 2013)]
[Proposed Rules]
[Pages 7705-7718]
[FR Doc No: 2013-02380]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2012-0986; FRL-9775-5]

Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Georgia; Redesignation of
the Atlanta; 1997 8-Hour Ozone Moderate Nonattainment Area to
Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On April 4, 2012, the State of Georgia, through the Georgia
Environmental Protection Division (GA EPD), submitted a request for EPA
to redesignate the Atlanta, Georgia 8-hour ozone nonattainment area
(hereafter referred to as the ``Atlanta Area'' or ``Area'') to
attainment for the 1997 8-hour National Ambient Air Quality Standards
(NAAQS); and to approve a State Implementation Plan (SIP) revision
containing a maintenance plan for the Area. The Atlanta Area consists
of Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb,
Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Henry, Newton,
Paulding, Rockdale, Spalding and Walton Counties in their entireties.
EPA is proposing to approve the redesignation request for the Area,
along with the related SIP revision, including Georgia's plan for
maintaining attainment of the 1997 8-hour ozone standard in the Area.
EPA is also proposing to approve the motor vehicle emission budgets
(MVEBs) for nitrogen oxides (NOX) and volatile organic
compounds (VOC) for the year 2024 for the Area. These actions are being
proposed pursuant to the Clean Air Act (CAA or Act) and its
implementing regulations.

DATES: Comments must be received on or before March 6, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2012-0986, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: EPA-R04-OAR-2012-0986, Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2012- 0986. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
federal holidays.

FOR FURTHER INFORMATION CONTACT: Jane Spann or Sara Waterson of the
Regulatory Development Section, in the Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Ms. Spann may be reached by phone at<PHONE_NUMBER>, or via
electronic mail at<EMAIL_ADDRESS>Ms. Waterson may 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 request?
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 for 2024 for the Atlanta area?
VIII. Proposed action on the redesignation request and maintenance
plan SIP revision including proposed approval of the 2024
NOX and VOC MVEBs for the Atlanta area.
IX. What is the effect of EPA's 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 two separate but related
actions, one of which involves multiple elements: (1) to redesignate
the Atlanta Area to attainment for the 1997 8-hour ozone NAAQS and (2)
to approve into the Georgia SIP, under section 175A of the CAA,
Georgia's plan for maintaining the 1997 8-hour ozone NAAQS (1997 ozone
NAAQS maintenance plan), including the associated MVEBs. EPA is also
notifying the public of the status of EPA's adequacy determination for
the Atlanta Area MVEBs. These actions are summarized below and
described in greater detail throughout this notice of proposed
rulemaking.
    First, EPA proposes to determine that the Atlanta Area has met the
requirements for redesignation under section 107(d)(3)(E) of the CAA.
In this action, EPA is proposing to approve a request to change the
legal designation of the Atlanta Area from nonattainment to attainment
for the 1997 8-hour ozone NAAQS.
    Second, EPA is proposing to approve Georgia's 1997 ozone NAAQS
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). The maintenance plan is designed
to help keep the Atlanta Area in attainment of the 1997 8-hour ozone
NAAQS through 2024. Consistent with the CAA, the maintenance plan that
EPA is proposing to approve today also includes NOX and VOC
MVEBs for the year 2024 for the Atlanta Area. EPA is proposing to
approve (into the Georgia SIP) the 2024 MVEBs that are included as part
of Georgia's 1997 ozone NAAQS maintenance plan.
    EPA is also notifying the public of the status of EPA's adequacy
process for the newly-established NOX and VOC MVEBs for 2024
for the Atlanta Area. The public comment period for Adequacy for the
Atlanta Area 2024 MVEBs began on February 29, 2012, with EPA's posting
of the availability of this submittal on EPA's Adequacy Web site
(http://www.epa.gov/otaq/stateresources/transconf/currsips.htm#atlanta2). The Adequacy comment period for these MVEBs
closed on March 30, 2012. No comments, adverse or otherwise, were
received during EPA's adequacy process for the MVEBs associated with
Georgia's 1997 8-hour ozone maintenance plan. Please see section VII of
this proposed rulemaking for further explanation of this process and
for more details on the MVEBs.
    Today's notice of proposed rulemaking is in response to Georgia's
April 4, 2012, SIP revision. That document addresses the specific
issues summarized above and the necessary elements described in section
107(d)(3)(E) of the CAA for redesignation of the Atlanta Area to
attainment of the 1997 8-hour ozone NAAQS.

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

    On July 18, 1997, EPA promulgated a revised 8-hour ozone NAAQS of
0.08 parts per million (ppm). Under EPA's regulations at 40 CFR part
50, the 1997 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 0.08 ppm (i.e.,
0.084 ppm when rounding is considered). See 69 FR 23857 (April 30,
2004).\1\ Ambient air quality monitoring data for the 3-year period
must meet a data completeness requirement. The ambient air quality
monitoring data completeness requirement is met when the average
percent of days with valid ambient monitoring data is greater than 90
percent, and no single year has less than 75 percent data completeness
as determined in Appendix I of part 50.
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    \1\ On July 20, 2012, EPA designated the Atlanta area as a
marginal nonattainment area for the 2008 8-hour ozone NAAQS. The
current proposed action, however, is being taken with regard to the
1997 8-hour ozone NAAQS and not for the 2008 8-hour ozone NAAQS.
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    Upon promulgation of a new or revised NAAQS, the CAA requires EPA
to designate as nonattainment any area that is violating the NAAQS,
based on the three most recent years of ambient air quality data at the
conclusion of the designation process. The Atlanta Area was designated
nonattainment for the 1997 8-hour ozone NAAQS on April 30, 2004
(effective June 15, 2004) using 2001-2003 ambient air quality data (69
FR 23857, April 30, 2004). At the time of designation the Atlanta Area
was classified as a marginal nonattainment area for the 1997 8-hour
ozone NAAQS. In the April 30, 2004, Phase I Ozone Implementation Rule,
EPA established ozone nonattainment area attainment dates based on
Table 1 of section 181(a) of the CAA. This established an attainment
date 3 years after the June 15, 2004, effective date for areas
classified as marginal areas for the 1997 8-hour ozone nonattainment
designations. Therefore, the Atlanta Area's original attainment date
was June 15, 2007. See 69 FR 23951, April 30, 2004.
    The Atlanta Area failed to attain the 1997 8-hour ozone NAAQS by
June 15, 2007 (the applicable attainment date for marginal
nonattainment areas), and did not qualify for any extension of the
attainment date as a marginal area. As a consequence, on March 6, 2008,
EPA published a rulemaking determining that the Atlanta Area failed to
attain and, consistent with Section 181(b)(2) of the CAA, the Atlanta
Area was reclassified by operation of law to the next highest
classification, or ``moderate'' nonattainment. See 73 FR 12013. When an
area is reclassified, a new attainment date for the reclassified area
must be established. Section 181 of the CAA explains that the
attainment date for moderate nonattainment areas shall be as
expeditiously as practicable, but no later than six years after
designation, or June 15, 2010.\2\ EPA further required that Georgia
submit the SIP revisions meeting the new moderate area requirements as
expeditiously as practicable, but no later than December 31, 2008.
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    \2\ On November 30, 2010, EPA determined that Georgia met the
CAA requirements to obtain a one-year extension of the attainment
date for the 1997 8-hour ozone NAAQS for the Atlanta Area. See 75 FR
73969. As a result, the Atlanta Area's attainment date was extended
from June 15, 2010, to June 15, 2011, for the 1997 8-hour ozone
NAAQS.
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    On October 21, 2009, Georgia submitted an attainment demonstration
and associated reasonably available control measures (RACM), a
reasonable further progress (RFP) plan, contingency measures, a 2002
base year emissions inventory and other planning SIP

revisions related to attainment of the 1997 8-hour ozone NAAQS in the
Atlanta Area. Subsequently, on June 23, 2011 (76 FR 36873), EPA
determined that the Atlanta Area attained the 1997 8-hour ozone NAAQS.
The determination of attaining data was based upon complete, quality-
assured and certified ambient air monitoring data for the 2008-2010
period, showing that the Area had monitored attainment of the 1997 8-
hour ozone NAAQS. The requirements for the Area to submit an attainment
demonstration and associated RACM, RFP plan, contingency measures, and
other planning SIP revisions related to attainment of the standard were
suspended as a result of the determination of attainment, so long as
the Area continues to attain the 1997 8-hour ozone NAAQS. See 40 CFR
52.582(d). Within the April 4, 2012, maintenance plan and redesignation
request cover letter, Georgia withdrew the Atlanta Area's attainment
demonstration (except the emissions inventory) as allowed by 40 CFR
51.1004(c); however, such withdrawal does not suspend the emissions
inventory requirement found in CAA section 172(c)(3) and section
182(a)(1). EPA took direct final action to approve the baseline
emissions inventory portion of the attainment demonstration SIP
revision on April 24, 2012 (77 FR 24399). The emissions statements
requirement was approved on November 27, 2009 (74 FR 62249).

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 (hereafter 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;
    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; 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.
    11. ``Next Steps for Pending Redesignation Requests and State
Implementation Plan Actions Affected by the Recent Court Decision
Vacating the 2011 Cross-State Air Pollution Rule,'' Memorandum from
Gina McCarthy, Assistant Administrator, November 19, 2012.

IV. Why is EPA proposing these actions?

    On April 4, 2012, the State of Georgia, through GA EPD, requested
the redesignation of the Atlanta Area to attainment for the 1997 8-hour
ozone NAAQS. EPA's evaluation indicates that the Atlanta Area has
attained the 1997 8-hour ozone NAAQS, and that the Atlanta Area meets
the requirements for redesignation set forth in section 107(d)(3)(E),
including the maintenance plan requirements under section 175A of the
CAA. As a result, EPA is proposing to take the two related actions
summarized in section I of this notice.

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

    As stated above, in accordance with the CAA, EPA proposes in
today's action to: (1) redesignate the Atlanta Area to attainment for
the 1997 8-hour ozone NAAQS; and (2) approve the Atlanta Area's 1997 8-
hour ozone NAAQS maintenance plan, including the associated MVEBs, into
the Georgia SIP. These actions are based upon EPA's preliminary
determinations that the Atlanta Area continues to attain the 1997 8-
hour ozone NAAQS, and EPA's preliminary determination that Georgia has
met all other redesignation criteria for the Atlanta Area. The five
redesignation criteria provided under CAA section 107(d)(3)(E) are
discussed in greater detail for the Atlanta Area in the following
paragraphs of this section.

Criteria (1)--The Atlanta Area has Attained the 1997 8-Hour Ozone NAAQS

    For ozone, an area may be considered to be attaining the 1997 8-
hour ozone NAAQS if it meets the 1997 8-hour ozone NAAQS, as determined
in accordance with 40 CFR 50.10 and Appendix I of part 50, based on
three complete, consecutive calendar years of quality-assured air
quality monitoring

data. To attain these NAAQS, the 3-year average of the fourth-highest
daily maximum 8-hour average ozone concentrations measured at each
monitor within an area over each year must not exceed 0.08 ppm. Based
on the data handling and reporting convention described in 40 CFR part
50, Appendix I, the NAAQS are attained if the design value is 0.084 ppm
or below. The data must be collected and quality-assured in accordance
with 40 CFR part 58, and recorded in the EPA 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 June 23, 2011, at 76 FR 36873, EPA determined that the Atlanta
Area was attaining the 1997 8-hour ozone NAAQS. For that action EPA
reviewed ozone monitoring data from monitoring stations in the Atlanta
Area for the 1997 8-hour ozone NAAQS for 2008-2010. These data have
been quality-assured and are recorded in AQS. EPA has reviewed the
2009-2011 data, which indicate that the Area continues to attain the
1997 8-hour ozone NAAQS beyond the submitted 3-year attainment period
of 2008-2010. The fourth-highest 8-hour ozone average for 2008, 2009,
2010, 2011, and the 3-year averages of these values (i.e., design
values), are summarized in the following Table 1 of this proposed
rulemaking.

                                       Table 1--Design Value Concentrations for the Atlanta 1997 8-Hour Ozone Area
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                                                                                Annual arithmetic mean concentrations    3-Year design values
                                                                                (ppm)                            (ppm)
                 Location                             County               Monitor ID   ----------------------------------------------------------------
                                                                                2008         2009         2010      2008-2010    2009-2011
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GA National Guard McCollum Pkwy..........  Cobb........................     13-067-0003        0.075        0.076        0.079        0.076        0.078
University of West Georgia at Newnan.....  Coweta......................     13-077-0002        0.075        0.065        0.065        0.068        0.067
2390-B Wildcat Road Decatur..............  Dekalb......................     13-089-0002        0.087        0.077        0.075        0.079        0.077
Douglasville W. Strickland St............  Douglas.....................     13-097-0004        0.080        0.072        0.074        0.075        0.074
Gwinnett Tech 1250 Atkinson Rd...........  Gwinnett....................     13-135-0002        0.079        0.073        0.072        0.074        0.075
Henry County Extension Office............  Henry.......................     13-151-0002        0.086        0.074        0.078        0.079        0.078
Yorkville................................  Paulding....................     13-223-0003        0.072        0.067        0.071        0.070        0.071
Conyers Monastery........................  Rockdale....................     13-247-0001        0.089        0.070        0.076        0.078        0.075
Confederate Ave..........................  Fulton......................     13-121-0055        0.084        0.077        0.080        0.080        0.080
Fayetteville-GDOT........................  Fayette.....................     13-113-0001        0.086            *            *            *           *
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* The Fayetteville-GDOT monitor was temporarily discontinued on October 31, 2008.

    The 3-year design value for 2008-2010 submitted by Georgia for
redesignation of the Atlanta Area is 0.080 ppm, which meets the NAAQS
as described above. As mentioned above, on June 23, 2011 (76 FR 36873),
EPA published a clean data determination for the Atlanta Area for the
1997 8-hour ozone NAAQS. The 2009-2011 certified data show that the
Atlanta Area continues to attain the 1997 8-hour ozone NAAQS with a
design value of 0.080 ppm at the Confederate Ave monitor. In today's
action, EPA is proposing to determine that the Area is attaining the
1997 8-hour ozone NAAQS. EPA will not go forward with the redesignation
if the Area does not continue to attain the 1997 8-hour ozone NAAQS
until the time that EPA finalizes the redesignation. As discussed in
more detail below, the State of Georgia has committed to continue
monitoring in this Area in accordance with 40 CFR part 58.

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 the Georgia SIP satisfies the criterion that it meets
applicable SIP requirements for purposes of redesignation under part D
of title I of the CAA (requirements specific to 1997 8-hour ozone
nonattainment areas) in accordance with section 107(d)(3)(E)(v).
Further, EPA proposes to determine that the SIP is fully approved with
respect to all requirements applicable for purposes of redesignation in
accordance with section 107(d)(3)(E)(ii). In making these 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 applicable prior to submittal of the complete redesignation
request.
a. The Atlanta Area Has Met All Applicable Requirements Under Section
110 and Part D of the CAA
    General SIP requirements. Section 110(a)(2) of title I of the CAA
delineates the general requirements for a SIP, which include
enforceable emissions limitations and other control measures, means, or
techniques; provisions for the establishment and operation of
appropriate devices necessary to collect data on ambient air quality;
and programs to enforce the limitations. General SIP elements and
requirements are delineated in section 110(a)(2) of title I, part A of
the CAA. These requirements include, but are not limited to, the
following: submittal of a SIP that has been adopted by the state after
reasonable public notice and hearing; provisions for establishment and
operation of appropriate procedures needed to monitor ambient air
quality; implementation of a source permit program; provisions for the
implementation of part C requirements (Prevention of Significant
Deterioration (PSD)) and provisions for the implementation of part D
requirements (New Source Review (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 (e.g., NOX SIP Call \3\ and the
Clean Air Interstate Rule (CAIR) \4\). 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. However, as discussed later in this notice, addressing
pollutant transport from other states is an important part of an area's
maintenance demonstration.
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    \3\ On October 27, 1998 (63 FR 57356), EPA issued a
NOX SIP Call requiring the District of Columbia and 22
states to reduce emissions of NOX in order to reduce the
transport of ozone and ozone precursors. While Georgia was not
issued a NOX SIP Call, the State has identified benefits
from surrounding states. In compliance with EPA's NOX SIP
Call, 22 eastern states developed rules governing the control of
NOX emissions from electric generating units (EGU), major
non-EGU industrial boilers, major cement kilns, and internal
combustion engines.
    \4\ On May 12, 2005, EPA published the Clean Air Interstate Rule
(CAIR), which requires significant reductions in emissions of
SO2 and NOX from electric generating units to
limit the interstate transport of these pollutants and the ozone and
fine particulate matter they form in the atmosphere. See 76 FR
70093. The D.C. Circuit initially vacated CAIR, North Carolina v.
EPA, 531 F.3d 896 (D.C. Cir. 2008), but ultimately remanded the rule
to EPA without vacatur to preserve the environmental benefits
provided by CAIR, North Carolina v. EPA, 550 F.3d 1176, 1178 (D.C.
Cir. 2008). In response to the court's decision, EPA issued Cross-
State Air Pollution Rule (CSAPR), to address interstate transport of
NOX and SO2 in the eastern United States. See
76 FR 48208 (August 8, 2011). On August 21, 2012, the D.C. Circuit
issued a decision to vacate CSAPR. In that decision, it also ordered
EPA to continue administering CAIR ``pending the promulgation of a
valid replacement.'' EME Homer City Generation, L.P. v. EPA, 696
F.3d. 7, 38 (D.C. Cir., 2012). The D.C. Circuit has not yet issued
the final mandate in EME Homer City as EPA (as well as other
intervenors) petitioned for rehearing en banc, asking the full court
to review the decision. While rehearing proceedings are pending, EPA
intends to act in accordance with the panel opinion in the EME Homer
City opinion.
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    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 applicable requirements for purposes of
redesignation. The area will still be subject to these requirements
after the area is redesignated. The section 110 and part D requirements
which are linked with a particular area's designation and
classification are the relevant measures to evaluate in reviewing a
redesignation request. This approach is consistent with EPA's existing
policy on applicability (i.e., for redesignations) of conformity and
oxygenated fuels requirements, as well as with section 184 ozone
transport requirements. See Reading, Pennsylvania, proposed and final
rulemakings (61 FR 53174-53176, October 10, 1996), (62 FR 24826, May 7,
1997); Cleveland-Akron-Loraine, Ohio, final rulemaking (61 FR 20458,
May 7, 1996); and Tampa, Florida, final rulemaking at (60 FR 62748,
December 7, 1995). See also the discussion on this issue in the
Cincinnati, Ohio, redesignation (65 FR 37890, June 19, 2000), and in
the Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October 19,
2001).
    EPA completed rulemaking on a submittal from Georgia dated December
13, 2007, addressing ``infrastructure SIP'' elements required for the
1997 8-hour ozone NAAQS under CAA section 110(a)(2) on February 6,
2012. See 77 FR 5706. However, these are statewide requirements that
are not a consequence of the nonattainment status of the Atlanta Area.
As stated above, EPA believes that section 110 elements not linked to
an area's nonattainment status are not applicable for purposes of
redesignation. Therefore, EPA believes it has approved all SIP elements
under section 110 that must be approved as a prerequisite for
redesignating the Atlanta Area to attainment.
    Title I, Part D, subpart 1 applicable SIP requirements. Subpart 1
of part D, found in sections 172(c)(1) through (9) and in section 176
of the CAA, sets forth the basic nonattainment requirements applicable
to all nonattainment areas. A thorough discussion of the requirements
contained in section 172 can be found in the General Preamble for
Implementation of title I (57 FR 13498, April 16, 1992). Subpart 2 of
part D, which includes section 182 of the CAA, establishes additional
specific requirements depending on the area's ozone nonattainment
classification. A thorough discussion of the requirements contained in
section 182 can be found in the General Preamble for Implementation of
Title I (57 FR 13498).
    Part D Subpart 1 Section 172 Requirements and Part D, Subpart 2
Section 182 Requirements. Section 172(c)(1) requires the plans for all
nonattainment areas to provide for the implementation of all RACM as
expeditiously as practicable and to provide for attainment of the
national primary ambient air quality standards. EPA interprets this
requirement to impose a duty on all nonattainment areas to consider all
available control measures and to adopt and implement such measures as
are reasonably available for implementation in each area as components
of the area's attainment demonstration. Under section 172, states with
nonattainment areas must submit plans providing for timely attainment
and meeting a variety of other requirements. Section 182 of the CAA,
found in subpart 2 of part D, establishes additional specific
requirements depending on the area's ozone nonattainment
classification. For purposes of evaluating this redesignation request,
the applicable part D, subpart 2 SIP requirements for all moderate
nonattainment areas are contained in sections 182(b)(1)-(5). However,
pursuant to 40 CFR 51.918, EPA's June 23, 2011, determination that the
Area was attaining the 1997 8-hour ozone NAAQS suspended Georgia's
obligation to submit most of the attainment planning requirements that
would otherwise apply. Specifically, the determination of attainment
suspended Georgia's obligation to submit an attainment demonstration
and planning SIPs to provide for RFP, RACM, and contingency measures
under sections 172(c)(9) and 182(b)(1) of the CAA.
    The General Preamble for Implementation of Title I (57 FR 13498,
April 16, 1992) also discusses the evaluation of these requirements in
the context of EPA's consideration of a redesignation request. The
General Preamble sets forth EPA's view of applicable requirements for
purposes of evaluating redesignation requests when an area is attaining
a standard (General Preamble for Implementation of Title I (57 FR
13498, April 16, 1992)).
    Because attainment has been reached in the Atlanta Area, no
additional measures are needed to provide for attainment for the 1997
8-hour ozone NAAQS,\5\ and section 172(c)(1) requirements for an
attainment demonstration and RACM are no longer

considered to be applicable for purposes of redesignation as long as
the Area continues to attain the 1997 8-hour ozone NAAQS until
redesignation. See also 40 CFR 51.918.
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    \5\ Effective July 20, 2012, EPA designated 15 counties in the
Atlanta Area as nonattainment for the 2008 8-hour ozone NAAQS. This
rulemaking does not address requirements for the portion of Atlanta
that was designated nonattainment for the 2008 8-hour ozone NAAQS.
Requirements for the portion of Atlanta that was designated
nonattainment for the 2008 8-hour ozone NAAQS will be addressed in
the future.
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    The RFP plan requirements under sections 172(c)(2) and 182(b)(1)
are defined as progress that must be made toward attainment for the
1997 8-hour ozone NAAQS. These requirements are not relevant for
purposes of redesignation because EPA has determined that the entire
Atlanta Area has monitored attainment of the 1997 8-hour ozone NAAQS.
See General Preamble, 57 FR 13564. See also 40 CFR 51.1004 (c). While
it is not a requirement for redesignation, EPA is considering taking
action on Georgia's RFP plan for the 1997 8-hour ozone NAAQS separate
from today's proposed action.
    Section 172(c)(3) and section 182(b) requires submission and
approval of a comprehensive, accurate, and current inventory of actual
emissions. Section 182(b) references section 182(a) of the CAA which
requires, in part, for states to submit a current inventory of actual
emissions (182(a)(1)). As part of Georgia's attainment demonstration
for the Atlanta Area, Georgia submitted a 2002 base year emissions
inventory. EPA approved the 2002 base year inventory on March 24, 2012,
as meeting the section 172(c)(3) and section 182(a)(1) emissions
inventory requirement. See 77 FR 24399.
    Section 172(c)(4) requires the identification and quantification of
emissions for major new and modified stationary sources to be allowed
in an area, and section 172(c)(5) and section 182(b) require source
permits for the construction and operation of new and modified major
stationary sources anywhere in the nonattainment area. EPA has
determined that, since PSD requirements will apply after redesignation,
areas being redesignated need not comply with the requirement that a
NSR program be approved prior to redesignation, provided that the area
demonstrates maintenance of the NAAQS without part D NSR. A more
detailed rationale for this view is described in a memorandum from Mary
Nichols, Assistant Administrator for Air and Radiation, dated October
14, 1994, entitled, ``Part D New Source Review Requirements for Areas
Requesting Redesignation to Attainment.'' Georgia has demonstrated that
the Atlanta Area will be able to maintain the NAAQS without part D NSR
in effect, and therefore Georgia need not have fully approved part D
NSR programs prior to approval of the redesignation request.
Nonetheless, Georgia currently has a fully-approved part D NSR program
in place. Georgia's PSD program will become applicable in the Atlanta
Area upon redesignation to attainment. Section 172(c)(6) requires the
SIP to contain control measures necessary to provide for attainment of
the NAAQS. Because attainment has been reached, no additional measures
are needed to provide for attainment.
    Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, EPA believes the
Georgia SIP meets the requirements of section 110(a)(2) applicable for
purposes of redesignation.
    Section 182(b) references, in part, section 182(a)(3), which
requires states to submit periodic inventories and emissions
statements. Section 182(a)(3)(A) of the CAA requires states to submit a
periodic inventory every 3 years. The periodic emissions inventory is
discussed in more detail in Criteria (4)(e), Verification of Continued
Attainment.
    Section 182(a)(3)(B) of the CAA requires states with areas
designated nonattainment for the ozone NAAQS to submit a SIP revision
to require emissions statements to be submitted to the state by sources
within that nonattainment area. EPA approved Georgia's emissions
statements requirement, which is part of the attainment plan submittal,
on November 27, 2009. See 74 FR 62249. EPA believes the Georgia SIP
meets the requirements of section 182(a)(3)(B) applicable for purposes
of redesignation.
    Section 182(b)(2) of the CAA requires states with areas designated
nonattainment for the ozone NAAQS to submit a SIP revision to require
reasonably available control technology (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.
    EPA approved Georgia's RACT submittals on September 28, 2012. See
77 FR 59554. EPA believes the Georgia SIP meets the requirements of
section 182(b)(2) applicable for purposes of redesignation.
    Originally, the section 182(b)(3) Stage II requirement also applied
in all moderate ozone nonattainment areas. However, under section
202(a)(6) of the CAA, 42 U.S.C. 7521(a)(6), the requirements of section
182(b)(3) no longer apply in moderate ozone nonattainment areas after
EPA promulgated the onboard refueling vapor recovery standards on April
6, 1994, 59 FR 16262, codified at 40 CFR parts 86 (including 86.098-8),
88 and 600. Under implementation rules issued in 2002 for the 1997 8-
hour ozone NAAQS, EPA retained the Stage II-related requirements under
section 182(b)(3) as they applied for the now-revoked 1-hour ozone
NAAQS. See 40 CFR 51.900(f)(5) and 40 CFR 51.916(a). As a previous 1-
hour ozone nonattainment area, Georgia currently has Stage II
requirements approved in its SIP for 13 counties in the Atlanta Area.
This proposed rulemaking does not relate to those requirements and is
not proposing any action to remove those requirements from Georgia's
SIP.
    Section 182(b)(4) of the CAA requires states with areas designated
nonattainment for the ozone NAAQS to submit SIPs requiring inspection
and maintenance of vehicles (I/M). Section 182(c)(3)requires enhanced
vehicle inspection and maintenance (I/M) in ozone nonattainment areas
classified as serious or worse. Georgia's enhanced I/M rule for the 13
county nonattainment area under the 1990 1-hr ozone standard was
submitted to EPA on August 9, 1999, and approved on April 19, 2002 (67
FR 19335), effective June 18, 2002. Even though the Atlanta Area was
designated as part of the moderate Atlanta Area for the 1997 8-hour
ozone NAAQS, applicability of the I/M regulations to areas outside the
Ozone Transport Region is based on the population of the urbanized area
as defined by the 1990 census. In 1990, the Atlanta urbanized area was
totally contained within Georgia and did not touch the State line.
Therefore, the applicability level of a 1990 census population of
200,000 or more in an urbanized area (40 CFR 51.350(a)(1)) applies to
the Atlanta urbanized area. EPA believes the Georgia SIP meets the
requirements of section 182(b)(3) and 182(b)(4) applicable for purposes
of redesignation.
    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. EPA believes the
Georgia SIP meets the requirements of section 182(b)(5) applicable for
purposes of redesignation.
    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. Thus, the Atlanta
Area has satisfied all applicable requirements for purposes of
redesignation under section 110 and part D of title I of the CAA.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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). Following passage of
the CAA of 1970, Georgia has adopted and submitted, and EPA has fully
approved at various times, provisions addressing the various 1997 8-
hour ozone NAAQS SIP elements applicable in the Atlanta Area (March 2,
1976, 41 FR 8956; 110(a)(1) and (2) for 1997 8-hour ozone NAAQS,
February 6, 2012, 77 FR 5706; RACT, September 28, 2012, 77 FR 59554;
emissions inventory, March 24, 2012, 77 FR 24399; emissions statement,
November 27, 2009, 74 FR 62249).
    As indicated 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. EPA has approved all part D subpart 1
requirements applicable for purposes of this redesignation.

Criteria (3)--The Air Quality Improvement in the Atlanta 1997 8-Hour
Ozone NAAQS Nonattainment Area Is Due to Permanent and Enforceable
Reductions in Emissions Resulting From Implementation of the SIP and
Applicable Federal Air Pollution Control Regulations and Other
Permanent and Enforceable Reductions

    For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the air quality improvement in the area
is due to permanent and enforceable reductions in emissions resulting
from implementation of the SIP and applicable federal air pollution
control regulations and other permanent and enforceable reductions (CAA
section 107(d)(3)(E)(iii)). EPA has preliminarily determined that
Georgia has demonstrated that the observed air quality improvement in
its portion of the Atlanta Area is due to permanent and enforceable
reductions in emissions resulting from implementation of the SIP,
federal measures, and other state adopted measures. EPA does not have
any information to suggest that the decrease in ozone concentrations in
the Atlanta Area is due to unusually favorable meteorological
conditions
    State, local and federal measures enacted in recent years have
resulted in permanent emission reductions. Most of these emission
reductions are enforceable through regulations. A few non-regulatory
measures also result in emission reductions.
    The state measures, some of which implement federal requirements,
that have been implemented to date and relied upon by Georgia to
demonstrate attainment and/or maintenance include: Georgia Rule (yy)--
Emissions of Nitrogen Oxides, Georgia Rule (lll)--NOX from
Fuel Burning Equipment, Georgia Rule (rrr)--NOX from Small
Fuel Burning Equipment, and Georgia Rule (jjj)--NOX from
EGUs. These rules have been approved in the federally-approved SIP.
    Georgia's smoke management plan is a state-only requirement and is
therefore not federally enforceable. This measure is not necessary for
the continued maintenance of the Atlanta nonattainment area, however
the implementation of this plan will support the maintenance of the
ozone NAAQS for the Atlanta area. Additionally, Georgia Rule (sss) has
not been submitted to EPA for approval into the SIP and is therefore
not federally enforceable. The rule requirements to install and operate
the control equipment have been incorporated into the each facility's
respective title V federal operating permit. The rule alone is not
relied upon to meet continued maintenance; however, the rule was
designed to meet the emission reductions and deadlines of CAIR. Without
the operation of the equipment required by Rule (sss), it would be
impossible for the coal-fired EGUs operating in the state of Georgia to
meet the emission budgets of either CAIR. Rule (sss) is state-effective
and currently being implemented in Georgia.
    The federal measures that have been implemented include the
following:
    Tier 2 vehicle standards. Implementation began in 2004 and will
require all passenger vehicles in any manufacturer's fleet to meet an
average standard of 0.07 grams of NOX per mile. The Tier 2
rule also reduced the sulfur content of gasoline to 30 ppm starting in
January of 2006.
    Large Non-road Diesel Engines Rule and Ultra Low-Sulfur Diesel
Rule. EPA issued this rule in June 2004 (69 FR 38958), which applies to
diesel engines 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. The non-road diesel rule was fully implemented by
2010.
    Control Technique Guidelines. Georgia listed CTGs under federal
measures implemented in the Atlanta Area. CTGs are not federal control
measures. CTGs are federal guidelines for states to use in order to
meet a CAA requirement for states to control VOC emissions from
specific source categories. The resulting state controls are considered
state measures, not

federal measures. See criteria 2(a) of section V of this action for
more information regarding CTGs.
    Heavy-duty gasoline and diesel highway vehicle standards and Ultra
Low-Sulfur Diesel Rule. 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. This rule is expected to achieve a 95
percent reduction in NOX emissions from diesel trucks and
buses.
    Nonroad spark-ignition engines and recreational engines standards.
This rule was effective in 2003 and will reduce NOX and
hydrocarbon emissions.
    NOX SIP Call in Surrounding States. The NOX SIP Call
created the NOX Budget Trading Program designed to reduce
the amount of ozone that crosses state lines.
    EPA has considered the relationship of the Atlanta Area's
maintenance plan to the reductions currently required pursuant to CAIR.
Although CAIR was remanded to EPA, the remand of CAIR does not alter
the requirements of the NOX SIP Call and the State has
demonstrated that the Atlanta Area can maintain the 1997 ozone NAAQS
without any additional requirements (beyond those required by the
NOX SIP Call in surrounding states). Therefore, EPA has made
the preliminary determination that the State's demonstration of
maintenance under sections 175A and 107(d)(3)(E) remains valid based on
reductions from the NOX SIP Call.
    The NOX SIP Call required states to make NOX
emissions reductions. It also provided a mechanism (the NOX
Budget Trading Program) that states could use to achieve those
reductions. When EPA promulgated CAIR, it discontinued (starting in
2009) the NOX Budget Trading Program, 40 CFR 51.121(r), but
established another mechanism--the CAIR ozone season trading program--
which states could use to meet their NOX SIP Call
obligations, 70 FR 25289-90. EPA notes that a number of states, when
submitting SIP revisions to require sources to participate in the CAIR
ozone season trading program, removed the SIP provisions that required
sources to participate in the NOX Budget Trading Program. In
addition, because the provisions of CAIR including the ozone season
NOX trading program have remained in place during the
remand, EPA is not currently administering the NOX Budget
Trading Program. Nonetheless, all states regardless of the current
status of their regulations that previously required participation in
the NOX Budget Trading Program, will remain subject to all
of the requirements in the NOX SIP Call even if the existing
CAIR ozone season trading program is withdrawn or altered. In addition,
the anti-backsliding provisions of 40 CFR 51.905(f) specifically
provide that the provisions of the NOX SIP Call, including
the statewide NOX emission budgets, continue to apply after
revocation of the 1-hour NAAQS. Thus, for purposes of today's action,
emissions reductions associated with the NOX SIP Call are
``permanent and enforceable.''
    All NOX SIP Call states have SIPs that currently satisfy
their obligations under the NOX SIP Call; the NOX
SIP Call reduction requirements are being met; and EPA will continue to
enforce the requirements of the NOX SIP Call even after any
response to the CAIR remand. For these reasons, EPA believes that
regardless of the status of the CAIR program, the NOX SIP
Call requirements can be relied upon in demonstrating maintenance.
Here, the State has demonstrated maintenance based in part on those
requirements.
    CAIR and CSAPR. CAIR remains in place and enforceable until
substituted by a ``valid'' replacement rule. Regardless of the timing
of the transition from CAIR to CSAPR, or a resulting court-ordered
interstate transport remedy, emissions of NOX and
SO2 have declined significantly and are expected to continue
to decrease in the future due to the continuation of CAIR and Georgia's
own EGU emissions rules.
    To the extent that the Georgia submittal relies on CAIR reductions
that occurred through 2012, the recent directive from the D.C. Circuit
in EME Homer City ensures that the reductions associated with CAIR will
be permanent and enforceable for the necessary time period for purposes
of CAA section 107(d)(3)(E)(iii) and Georgia's request to redesignate
the Atlanta Area and seek approval of its maintenance plan and other
requirements associated with redesignation. EPA has been ordered by the
court to develop a new rule, and the opinion makes clear that after
promulgating that new rule EPA must provide states an opportunity to
draft and submit SIPs to implement that rule. CAIR thus cannot be
replaced until EPA has promulgated a final rule through a notice-and-
comment rulemaking process, states have had an opportunity to draft and
submit SIPs, EPA has reviewed the SIPs to determine if they can be
approved, and EPA has taken action on the SIPs, including promulgating
a Federal Implementation Plan, if appropriate. The court's clear
instruction to EPA is that it must continue to administer CAIR until a
``valid replacement'' exists and thus CAIR reductions may be relied
upon until the necessary actions are taken by EPA and states to
administer CAIR's replacement. Furthermore, the court's instruction
provides an additional backstop; by definition, any rule that replaces
CAIR and meets the court's direction would require upwind states to
have SIPs that eliminate significant contributions to downwind
nonattainment and prevent interference with maintenance in downwind
areas.
    Further, in vacating CSAPR and requiring EPA to continue
administering CAIR, the D.C. Circuit emphasized that the consequences
of vacating CAIR ``might be more severe now in light of the reliance
interests accumulated over the intervening four years.'' EME Homer
City, 696 F.3d at 38. The accumulated reliance interests include the
interests of states who reasonably assumed they could rely on
reductions associated with CAIR, which brought certain nonattainment
areas into attainment with the NAAQS. If EPA were prevented from
relying on reductions associated with CAIR in redesignation actions,
states would be forced to impose additional, redundant reductions on
top of those achieved by CAIR. EPA believes this is precisely the type
of irrational result the court sought to avoid by ordering EPA to
continue administering CAIR. For these reasons also, EPA believes it is
appropriate to allow states to rely on CAIR, and the existing emissions
reductions achieved by CAIR, as sufficiently permanent and enforceable
for purposes such as redesignation. Following promulgation of the
replacement rule, EPA will review SIPs as appropriate to identify
whether there are any issues that need to be addressed. In light of
these unique circumstances and for the reasons explained above, EPA is
proposing to approve the redesignation request and related SIP
revisions for the Atlanta Area. EPA continues to implement CAIR in
accordance with current direction from the court, and thus CAIR is in
place and enforceable and will remain so until substituted by a valid
replacement rule. Georgia's SIP revision lists CAIR as a control
measure, which became state-effective on February 28, 2007, and was
approved by EPA on October 9, 2007, 72 FR 57202, for the purpose of
reduction SO2 and NOX emissions. The monitoring
data used to demonstrate the Area's attainment of the

1997 8-hour ozone standard was impacted by CAIR.

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

    For redesignating a nonattainment area to attainment, the CAA
requires EPA to determine that the area has a fully approved
maintenance plan pursuant to section 175A of the CAA (CAA section
107(d)(3)(E)(iv)). In conjunction with its request to redesignate the
Atlanta Area to attainment for the 1997 8-hour ozone NAAQS, GA EPD
submitted a SIP revision to provide for the maintenance of the 1997 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 1997 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 proposes to
find 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
    The Atlanta Area attained the 1997 8-hour ozone NAAQS based on
monitoring data for the 3-year period from 2008-2010. Georgia selected
2008 as the attainment emissions inventory year. The attainment
inventory identifies a level of emissions in the Area that is
sufficient to attain the 1997 8-hour ozone NAAQS. Georgia began
development of the attainment inventory by first generating a baseline
emissions inventory for the Atlanta Area. As noted above, the year 2008
was chosen as the base year for developing a comprehensive emissions
inventory for NOX and VOC, for which projected emissions
could be developed for 2017 and 2024.
    The attainment year emissions were projected to future years
separately using different methods by seven source categories,
including: EGU point sources; non-EGU point sources; area sources;
fires; nonroad mobile sources; nonroad mobile sources--marine, aircraft
and railroad; and onroad mobile sources. Point sources captured in the
inventory include stationary sources whose actual emissions equal or
exceed 25 tons per year (tpy) of VOC or NOX in the 13
counties in the Atlanta area that were previously nonattainment for the
1-hour ozone NAAQS and are currently nonattainment for the 1997 8-hour
ozone NAAQS (Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette,
Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale), and 100 tpy
of VOC or NOX in the seven remaining counties that make up
the Atlanta nonattainment area for the 1997 8-hour ozone NAAQS (Barrow,
Bartow, Carroll, Hall, Newton, Spalding, and Walton).
    The emissions inventory is composed of four major types of sources:
point, area, on-road mobile and non-road mobile. Process-level
emissions estimates for three EGU facilities in the Atlanta Area during
2008 were obtained from NEI2008 Version 1.5. The emissions were
projected to year 2017 and 2024 using corresponding growth and control
factors.
    Ozone season daily emissions for EGU point sources were calculated
by multiplying the annual total emissions with daily emissions
fractions during June, July and August. The fractions for
NOX and VOC emissions during June, July and August were
estimated, respectively, using hourly 2008 CAMD CEM NOX
emissions and heat input data, and then were divided by the number of
days in these three months (92) to get ozone season daily emissions
fractions. The same daily fractions have been used for both attainment
year and future years. For future year emissions from Plant McDonough-
Atkinson, the fraction of NOX emissions during the months of
June through August was calculated as the product of the NOX
ozone-season limit and three months divided by the sum of the ozone-
season limit times five months and the non-ozone season limit times
seven months.
    Emissions estimates for non-EGU point sources in 2008 were obtained
from NEI2008 Version 1.5. Emissions in future years 2017 and 2024 were
estimated using SCC- and county-specific growth factors generated with
the U.S. EPA's Economic Growth Analysis System Version 5.0 (EGAS 5.0)
with ``Default REMI 6.0 SCC Configuration.'' Appendix B-2 contains a
summary of the SCC specific growth factors for Atlanta ozone
nonattainment area. These emissions are not subject to additional
controls in the future years 2017 and 2024. Ozone season daily
emissions for non-EGU point sources were estimated by multiplying the
annual total emissions with ozone season daily emissions fractions,
which were calculated using the same temporal allocation method used in
Sparse Matrix Operator Kernel Emissions (SMOKE, http://www.smoke-model.org/index.cfm). The SMOKE temporal profiles and reference files
were obtained from EPA's 2005 Modeling Platform Web site (ftp://ftp.epa.gov/EmisInventory/2005v4_2/ancillary_smoke). The SMOKE
temporal profiles gave monthly emissions fractions, and were linked to
each emission record by SCC according to the SMOKE temporal reference
file. The total of the monthly fractions of June, July and August were
divided by the number of days in these three months (92) to get ozone
season daily emissions fractions.
    Nonpoint sources captured in the inventory include stationary
sources whose emissions levels of NOX, SO2, and
particulate matter are each less than 25 tons per year. Emissions from
nonpoint sources in 2008 were obtained from NEI2008 version 1.5. Ozone
season daily emissions for area sources were calculated using the SMOKE
temporal profiles as described for non-EGU point sources.
    Emissions from fires in 2008 were obtained from NEI2008 version
1.5. These estimates were provided by Georgia Environmental Protection
Division as part of AERR2008 submission (Georgia Air Protection Branch,
2011). This inventory was developed using 2008 burned area data and
burning permit data provided by Georgia Forestry Commission and the
same method as used for the VISTAS2002 fire inventory (www.epa.gov/ttnchie1/conference/ei13/rpo/barnard_pres.pdf). Emissions in future
years 2017 and 2024 were assumed to be the same as attainment year
2008. Ozone season daily emissions for fires were calculated by

dividing the total emissions during June, July and August by the number
of days in these three months (92). The emissions during these three
months were estimated using monthly emissions for nonpoint fires and
event emissions records for wildfires occurred during this period in
NEI2008.
    The 2008 NOX and VOC emissions for the Atlanta Area, as
well as the emissions for other years, were developed consistent with
EPA guidance and are summarized in Tables 2 through 4 of the following
subsection discussing the maintenance demonstration.
c. Maintenance Demonstration
    The April 4, 2012, final SIP revision includes a maintenance plan
for the Atlanta Area. The maintenance plan:
    (i) Shows compliance with and maintenance of the 8-hour ozone
standard by providing information to support the demonstration that
current and future emissions of NOX and VOC remain at or
below 2008 emissions levels.
    (ii) Uses 2008 as the attainment year and includes future emissions
inventory projections for 2017, 2020, and 2024.
    (iii) Identifies an ``out year'' at least 10 years (and beyond)
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 (2024) of the maintenance plan (see section VI
below).
    (iv) Provides actual and projected emissions inventories, in tons
per day (tpd), for the Atlanta Area, as shown in Tables 2 through 4
below.

                  Table 2--Actual and Projected Annual NOX Emissions (tpd) for the Atlanta Area
----------------------------------------------------------------------------------------------------------------
                     Sector                          2008         2014         2017         2020         2024
----------------------------------------------------------------------------------------------------------------
Point..........................................        75.99        60.69        53.05        54.43        56.27
Area *.........................................        49.30        54.92        57.73        60.62        64.48
Nonroad........................................       117.47        99.18        90.04        87.03        83.01
On-road........................................       364.02       264.80       215.19       165.58        99.43
                                                ----------------------------------------------------------------
    Total **...................................       606.78       479.59       416.01       367.66      303.19
----------------------------------------------------------------------------------------------------------------
* For nonpoint emissions, excluding fire.
** Numbers may be slightly different than the April 4, 2012, submittal based on rounding conventions.

                  Table 3--Actual and Projected Annual VOC Emissions (tpd) for the Atlanta Area
----------------------------------------------------------------------------------------------------------------
                     Sector                          2008         2014         2017         2020         2024
----------------------------------------------------------------------------------------------------------------
Point..........................................        13.79        15.80        16.81        17.80        19.13
Area *.........................................       216.46       243.28       256.69       270.61       289.16
Nonroad........................................        96.03        74.75        64.11        63.50        62.69
On-road........................................       165.53       126.92       107.61        88.30        62.56
                                                ----------------------------------------------------------------
    Total **...................................       491.82       460.75       445.22       440.21      433.55
----------------------------------------------------------------------------------------------------------------
* For nonpoint emissions, excluding fire.
** Numbers may be slightly different than the April 4, 2012, submittal based on rounding conventions.

            Table 4--Emission Estimates for the Atlanta Area
------------------------------------------------------------------------
                     Year                        VOC (tpd)    NOX (tpd)
------------------------------------------------------------------------
2008..........................................       491.82       606.78
2024..........................................       433.55       303.19
Difference from 2008 to 2024..................       -58.27      -303.59
------------------------------------------------------------------------

    Tables 2 through 4 summarize the 2008 and future projected
emissions of NOX and VOC from Atlanta. In situations where
local emissions are the primary contributor to nonattainment, the
ambient air quality standard should not be violated in the future as
long as emissions from within the nonattainment area remain at or below
the baseline with which attainment was achieved. 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, 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 2008 as the attainment emissions inventory
year for the Atlanta Area. The State has decided to allocate a safety
margin to the 2024 MVEB for the Atlanta Area. The safety margin was
calculated as 99.43 tpd for NOX and 62.56 tpd for VOC. A
portion of the overall emissions reductions from 2008 to 2024 will be
used as the safety margin for MVEB. The MVEB to be used for
transportation conformity proposes is discussed in section VI. This
allocation and the resulting available safety margin for the Atlanta
Area are discussed further in section VI of this proposed rulemaking.
d. Monitoring Network
    There are currently nine monitors measuring ozone in Atlanta. The
State of Georgia, through GA EPD, has committed to continue operation
of the monitors in Atlanta Area in compliance with 40 CFR part 58 and
have thus addressed the requirement for monitoring. EPA approved the
ozone portion of Georgia's 2012 annual ambient air monitoring network
plan on October 16, 2012.
e. Verification of Continued Attainment
    The State of Georgia, through GA EPD, has the legal authority to
enforce and implement the requirements of the 1997 8-hour ozone
maintenance plan for the Atlanta 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.
    Verification of continued attainment is accomplished through
operation of the ambient ozone monitoring network and the periodic
updates of the Area's emissions inventory. GA EPD will continue to
operate the current monitors located in the metro Atlanta area. There
are no plans to discontinue operation,

relocate, or otherwise change the existing ambient monitoring network.
Georgia will continue to update its emissions inventory at least once
every three years.
    The Consolidated Emissions Reporting Rule (CERR) was promulgated by
EPA on June 10, 2002. The CERR was replaced by the Annual Emissions
Reporting Requirements (AERR) rule on December 17, 2008. The most
recent triennial inventory for Georgia was compiled for 2008. The
larger point sources of air pollution will continue to submit data on
their emissions on an annual basis as required by the AERR. Emissions
from the rest of the point sources, the nonpoint source portion, and
the on-road and nonroad mobile sources continue to be quantified on a
three-year cycle. The inventory will be updated and maintained on a
three-year cycle. As required by the AERR, the next overall emissions
inventory will be compiled for 2011.
f. Contingency Measures in the Maintenance Plan
    The contingency measures are designed to promptly correct a
violation of the NAAQS that occurs after redesignation. Section 175A of
the CAA requires that a maintenance plan include such contingency
measures as EPA deems necessary to assure that the state will promptly
correct a violation of the NAAQS that occurs after redesignation. The
maintenance plan should identify the contingency measures to be
adopted, a schedule and procedure for adoption and implementation, and
a time limit for action by the state. A state should also identify
specific indicators to be used to determine when the contingency
measures need to be implemented. The maintenance plan must include a
requirement that a state will implement all measures with respect to
control of the pollutant that were contained in the SIP before
redesignation of the area to attainment in accordance with section
175A(d).
    The contingency plan included in Georgia's April 4, 2012, SIP
revision includes a triggering mechanism to determine when contingency
measures are needed and a process of developing and implementing
appropriate control measures. The State of Georgia will use actual
ambient monitoring data and emissions inventory data as the indicators
to determine whether contingency measures should be implemented.
    Georgia has identified a primary trigger (Tier I) for the 1997 8-
hour ozone NAAQS when any quality-assured 8-hour ozone monitoring
reading exceeds 0.084 ppm at an ambient monitoring station located in
the Atlanta maintenance area or if the periodic emission inventory
updates reveal excessive or unanticipated growth greater than 10
percent in emissions of either ozone precursor over the attainment or
intermediate emissions inventories for the Atlanta maintenance area (as
determined by the triennial emission reporting required by AERR). GA
EPD will conduct an evaluation as expeditiously as practicable to
determine if the trend is likely to continue. If it is determined that
additional emission reductions are necessary, GA EPD will adopt and
implement any required measures in accordance with the schedule and
procedure for adoption and implementation of contingency measures.
    The ozone trigger concentrations described above apply to each
monitor in the maintenance area. GA EPD will evaluate a Tier I
condition, if it occurs, as expeditiously as practicable to determine
the cause(s) of the ambient ozone or emissions inventory increase and
to determine if a Tier II condition (see below) is likely to occur.
    A secondary trigger (Tier II) is activated when any violation of
the 1997 8-hour ozone NAAQS at any of the metro Atlanta ambient
monitoring stations in the Atlanta maintenance area is recorded, based
on quality-assured monitoring data. In this event, GA EPD will conduct
a comprehensive study to determine the cause(s) of the ambient ozone
increase and will implement any required measures as expeditiously as
practicable, taking into consideration the ease of implementation and
the technical and economic feasibility of selected measures
    GA EPD will, in the event of 1) a Tier II trigger condition or 2) a
Tier I condition in which GA EPD has determined that a Tier II
condition is likely to occur, conduct a comprehensive study to
determine what contingency measure(s) are required for the maintenance
of the ozone standard. Since the metro Atlanta area may be influenced
by emissions from outside the maintenance area, the study will attempt
to determine whether the trigger condition is due to local emissions,
emissions from elsewhere, or a combination of the previous. The
comprehensive analysis, based on quality-assured ambient data, will
examine:
     The severity of the trigger condition;
     the meteorological conditions (in the case of an ambient
concentration trigger)
     associated with the trigger condition;
     potential contributing local emissions sources;
     potential contributing emissions resulting from regional
or long-range transport;
     the geographic applicability of possible contingency
measures;
     emission trends, including implementation timelines of
potential control measures;
     timelines of ``on-the-books'' (adopted) measures that are
not yet fully implemented (e.g., Georgia Rule (sss) NOX
controls);
     current and recently identified control technologies.
    The comprehensive study will be completed and submitted to EPA for
review as expeditiously as practical but no later than nine months
after the Tier I or Tier II trigger is activated. When GA EPD
determines, through the comprehensive study, what contingency
measure(s) are required for the maintenance of the ozone standard,
appropriate corrective measures will be adopted and implemented within
18 to 24 months after the Tier I or II trigger occurs. EPA anticipates
that control measures not relied upon for attainment but that are
currently being implemented by GA EPD will continue to produce
substantial reductions in ozone precursors in excess of what is relied
upon in this maintenance plan. They include the Georgia Multipollutant
Rule as well as diesel engine retrofit, replacement, and repowering
programs and truck stop electrification programs. Contingency measures
will be adopted no later than 18 months following the date on which the
Tier I or Tier II trigger is activated. Selection of measures will take
into consideration the ease of implementation as well as technical and
economic feasibility. If it is determined that adoption and
implementation of a rule will take longer than 24 months following the
trigger date, GA EPD will submit for EPA's approval a revised schedule
for the development and adoption of contingency measures.
    If the analysis required above determines emissions from the local
area are contributing to the trigger condition, GA EPD will evaluate
those measures as specified in Section 172 of the CAA for control
options as well as other available measures. Section 175A(d) requires
that state maintenance plans shall include a requirement that the state
will implement all measures with respect to the control of the air
pollutant concerned which were contained in the SIP for the area before
redesignation of the area to attainment. Currently all such measures
are in effect

for the Atlanta Area. 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.
     Mobile Source Measures.
     Implementation of a new measure/control that is already
promulgated and scheduled to be implemented at the federal or state
level.
     Additional NOX reduction measure(s) yet to be
identified.
    EPA has concluded that the maintenance plan adequately addresses
the five basic components of a maintenance plan: attainment inventory,
monitoring network, verification of continued attainment, and a
contingency plan. Therefore, the maintenance plan SIP revision
submitted by the State of Georgia for the Atlanta Area meets the
requirements of section 175A of the CAA, and thus EPA is proposing
approval of the plan.

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

    Under section 176(c) of the CAA, new transportation plans,
programs, and projects, such as the construction of new highways, must
``conform'' to (i.e., be consistent with) the part of the state's air
quality plan that addresses pollution from cars and trucks. Conformity
to the SIP means that transportation activities will not cause new air
quality violations, worsen existing violations, or delay timely
attainment of the NAAQS or any interim milestones. If a transportation
plan does not conform, most new projects that would expand the capacity
of roadways cannot go forward. Regulations at 40 CFR part 93 set forth
EPA policy, criteria, and procedures for demonstrating and assuring
conformity of such transportation activities to a SIP. The regional
emissions analysis is one, but not the only, requirement for
implementing transportation conformity. Transportation conformity is a
requirement for nonattainment and maintenance areas. Maintenance areas
are areas that were previously nonattainment for a particular NAAQS but
have since been redesignated to attainment with an approved maintenance
plan for that NAAQS.
    Under the CAA, states are required to submit, at various times,
control strategy SIPs and maintenance plans for nonattainment areas.
These control strategy SIPs (including RFP and attainment
demonstration) and maintenance plans create MVEBs for criteria
pollutants and/or their precursors to address pollution from cars and
trucks. Per 40 CFR part 93, a MVEB must be established for the last
year of the maintenance plan. A state may adopt MVEBs for other years
as well. 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 Atlanta Area. Georgia is developing these MVEBs, as
required, for the last year of its maintenance plan, 2024. The MVEBs
reflect the total on-road emissions for 2024, plus an allocation from
the available NOX and VOC safety margin. 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 Atlanta Area are defined in Table 5 below.

              Table 5--Atlanta Area NOX and VOC MVEBs (tpd)
------------------------------------------------------------------------
                                                                 2024
------------------------------------------------------------------------
NOX Emissions
    Base Emissions.........................................        99.43
    Safety Margin Allocated to MVEB........................         26.9
    NOX Conformity MVEB....................................          126
VOC Emissions
    Base Emissions.........................................        62.56
    Safety Margin Allocated to MVEB........................         29.4
    VOC Conformity MVEB....................................           92
------------------------------------------------------------------------

    As mentioned above, Georgia has chosen to allocate a portion of the
available safety margin to the NOX and VOC MVEBs for 2024
for the Atlanta Area. This allocation is 26.9 tpd and 29.4 tpd for
NOX and VOC, respectively. Thus, the remaining safety
margins for 2024 are 28.87 tpd and 276.69 tpd NOX and VOC,
respectively.
    Through this rulemaking, EPA is proposing to approve the MVEBs for
NOX and VOC for 2024 for the Atlanta Area because EPA has
preliminarily determined that the Area maintains the 1997 8-hour ozone
NAAQS with the emissions at the levels of the budgets. Once the MVEBs
for the Atlanta Area are approved or found adequate (whichever is
completed first), they must be used for future conformity
determinations. After thorough review, EPA has preliminarily determined
that the budgets meet the adequacy criteria, as outlined in 40 CFR
93.118(e)(4), and is proposing to approve the budgets because they are
consistent with maintenance of the 1997 8-hour ozone NAAQS through
2024.

VII. What is the status of EPA's adequacy determination for the
proposed NOX and VOC MVEBs for 2024 for 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 submission
includes NOX and VOC MVEBs for the Atlanta Area for 2024,
the last year of the maintenance plan. EPA reviewed the NOX
and VOC MVEBs through the adequacy process. The Georgia SIP submission,
including the Atlanta Area NOX and VOC MVEBs, was open for
public comment on EPA's adequacy Web site on February 29, 2012, found
at: http://www.epa.gov/otaq/stateresources/transconf/currsips.htm#atlanta2. The EPA public comment period on adequacy for
the MVEBs for 2024 for the Atlanta Area closed on March 30, 2012. No
comments, adverse or otherwise, were received during EPA's adequacy
process for the MVEBs associated with Georgia's 1997 8-hour ozone
maintenance plan.
    EPA intends to make its determination on the adequacy of the 2024
MVEBs for the Atlanta Area for transportation conformity purposes in
the near future by completing the adequacy process that was started on
February 29, 2012. After EPA finds the 2024 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 for 2024 and beyond, the applicable budgets
will be the new 2024 MVEBs established in the maintenance plan, as
defined in section VI of this proposed rulemaking.

VIII. Proposed Action on the Redesignation Request and Maintenance Plan
SIP Revision Including Proposed Approval of the 2024 NOX and
VOC MVEBs for the Atlanta Area

    EPA previously determined that the Atlanta Area was attaining the
1997 8-hour ozone NAAQS on June 23, 2011, at 76 FR 36873. EPA is now
proposing to take two separate but related actions regarding the
Atlanta Area's redesignation and maintenance of the 1997 8-hour ozone
NAAQS.
    First, EPA is proposing to determine, based on complete, quality-
assured and certified monitoring data for the 2009-2011 monitoring
period that the Atlanta Area is attaining the 1997 8-hour ozone NAAQS.
Based on 2010-2012 preliminary data in AQS, the Area is continuing to
attain the 1997 8-hour ozone NAAQS. EPA is proposing to determine that
Georgia has met the criteria under CAA section 107(d)(3)(E) for the
Atlanta Area for redesignation from nonattainment to attainment for the
1997 8-hour ozone NAAQS. On this basis, EPA is proposing to approve
Georgia's redesignation request for the 1997 8-hour ozone NAAQS for the
Atlanta Area.
    Second, EPA is proposing to approve the maintenance plan for the
Atlanta Area, including the NOX and VOC MVEBs for 2024, into
the Georgia SIP (under CAA section 175A). The maintenance plan
demonstrates that the Area will continue to maintain the 1997 8-hour
ozone NAAQS, and the budgets meet all of the adequacy criteria
contained in 40 CFR 93.118(e)(4) and (5). Further, as part of today's
action, EPA is describing the status of its adequacy determination for
the NOX and VOC MVEBs for 2024 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).
    If finalized, approval of the redesignation request would change
the official designation of Barrow, Bartow, Carroll, Cherokee, Clayton,
Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett,
Hall, Henry, Newton, Paulding, Rockdale, Spalding and Walton Counties
in Georgia from nonattainment to attainment for the 1997 8-hour ozone
NAAQS as found at 40 CFR part 81. This proposed action is does not
relate to these same counties designation status under the 2008 8-hour
ozone NAAQS. Those counties in the Atlanta Area that were designated
nonattainment for the 2008 8-hour ozone NAAQS would remain
nonattainment for that NAAQS even if this action is finalized.

IX. 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 today. Approval
of Georgia's redesignation request would change the legal designation
of the designated portion of Atlanta Area for the 1997 8-hour ozone
NAAQS, found at 40 CFR part 81, from nonattainment to attainment.\7\
Approval of Georgia's request would also incorporate a plan for
maintaining the 1997 8-hour ozone NAAQS in the Atlanta Area through
2024 into the Georgia SIP. This maintenance plan includes contingency
measures to remedy any future violations of the 1997 8-hour ozone NAAQS
and procedures for evaluation of potential violations. The maintenance
plan also establishes NOX and VOC MVEBs for 2024 for the
Atlanta Area. The NOX MVEB is 126 tpd. The VOC MVEB is 92
tpd. Additionally, EPA is notifying the public of the status of EPA's
adequacy determination for the newly-established NOX and VOC
MVEBs for 2024 for the Atlanta Area.
---------------------------------------------------------------------------

    \7\ This proposed action does not proposed to change the Area's
designation for the 2008 8-hour ozone NAAQS.
---------------------------------------------------------------------------

X. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, these proposed actions merely approve state law as meeting
federal requirements and does not impose additional requirements beyond
those imposed by state law. For this reason, these proposed actions:
     Are not ``significant regulatory action[s]'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     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
     do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the determination does not have substantial direct effects on
an Indian Tribe. There are no Indian Tribes located within the Atlanta
nonattainment area.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control.

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

    Dated: January 24, 2013.
Gwendolyn Keyes Fleming,
Regional Administrator, Region 4.
[FR Doc. 2013-02380 Filed 2-1-13; 8:45 am]
BILLING CODE 6560-50-P