The Atlanta Eight-Hour Ozone Attainment Demonstration 

# Appendix S

May 11, 2006, Letter to EPA Requesting Concurrence on I/M Applicability May 31, 2006, Letter from EPA Concurring

## Georgia Department of Natural Resources Environmental Protection Division m Air Protection Branch 4244 InternationalParkway 0 Suite 120 

### * Atlanta 

### * Georgia 30354 4041363-7000 0 Fax:4041363-7100 Noel Holcomb, Commissioner CarolA. Couch, Ph.D., Director

May 11,2006 Kay Prince Chief, Air Planning Branch U.S. EPA, Region IV 61 Forsyth St., SW Atlanta, GA 30303-8909
Dear Ms. Prince:
This letter is to request EPA's concurrence regarding whether Georgia's existing motor vehicle emissions inspection and maintenance program satisfies the IIM requirements for a moderate ozone nonattainment areaunder the 8-hour ozone standard.
Section 182(b)(4) of the Clean Air Act requires a "Basic" Motor Vehicle Emissions Inspection and Maintenance program for areas classified as moderate and above. 40 CFR 51.350(a)(8) and (b)(2) contain specifics regarding the population criteria and area of coverage for areas which are reclassified from marginal to moderate.
Sec. 5 1.350 Applicability. (a)Nonattainment area classificationand population criteria. (8) If a marginal ozone nonattainrnent area, not required to implement enhanced 

### I/M under paragraph (a)(l) of this section, is reclassified to moderate, a basic I/M program shall be implemented in the 1990 Census-defined urbanized area(s)with a population of 200,000 or more. If the area is reclassified to serious or worse, an enhanced IIM program shall be implemented in the 1990 Census-defined urbanized area, if the 1980 Census-defined urban area population is 200,000 or more. (b)Extent of area coverage. (2) Outside of ozone transport regions, programs shall nominally cover at least the entire urbanized area, based on the 1990 census. Exclusion of some urban population is allowed as long as an equal number of non-urban residents of the MSA containing the subject urbanized area are included to compensate for the exclusion.
It is probable that the Atlanta 8-hour ozone nonattainment area will be reclassified fiom marginal to moderate in the foreseeable future. When and ifthat occurs, Atlanta will be subject to the provision of 40 CFR 52.350(a)(8) since the population of the urbanized area was 2,157,806 according to the 1990census'.Kay Prince May 11,2006 Page Two
The Atlanta 8-hour ozone nonattainment area consists of 20 counties. An "enhanced" motor vehicle emissions inspection and maintenance (I/M) program is currently in operation in 13 of these counties (Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale) and is required for the entire area of each county. There are 

### 7 counties within the Atlanta 8-hour ozone nonattainmentcounty without an I/M program (Barrow,Bartow, Carroll,Hall, Newton, Spalding, and Walton). (see attached map). According to 40 CFR 51.350(b)(2),the extent of the I/M program must cover the entire urbanized area, based on the 1990 census and that "exclusion of some urban population is allowed as long as an equal number of non-urban residents of the MSA containing the subject urbanized area are included to compensate for the exclusion." According to the 1990 Census, only a very small portion of the 

### 7 counties currently not covered by an 

### I/M program is "urbanized." This area consists of a significant portion of Census Block Group 4 (BG4) and a small area of Census Block Group 

### 2 (BG2), both of Census Track 9608 in southeastBartow County (see attached maps). The combined 1990 population of these two Census Block Groups was 2700 (1 146 for BG4 and 1554 for BG~~). Thus, in order for the current 13-county

### I/M program to satisfy the requirements of the CAA and 40 CFR 350 for a moderate area, the area covered by the program must include non-urbanized areas with a 1990 population of at least 2700. The existing IIM program includes large portions of counties that are not urbanized according to the 1990 census. One such area is all of Paulding County. The 1990 censuspopulation of Paulding County was 41,611 3. Therefore, should the Atlanta 8-hour ozone nonattainment area be reclassified from marginal to moderate, the existing I/M program satisfies the statutory and regulatory requirement for an 

### I/M program. This determination does not preclude Georgia from voluntarily adding any or all of these 

### 7 counties to an I/M program. This issue was discussed with Dale Espy and others of your staff on May 10,2006, and their initial responsewas in agreement to this conclusion.
Shouldyou have any questions, please contactme at 4041363-7014, Sincerely,

Program Manager Planning & Support Program

c: Kent Pierce

www.factfinder.census.~ov, population figures are not available for areas smallerthan a block group w~w.factfinder.census.~ovBG 2, BNA 9608, Bartow County, Georgia - Reference Map - Americ



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BG 2, BNA 9608, Bartow County, Georgia

2.8miles acrossBG 4, BNA 9608, Bartow County, Georgia

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BG 4, BNA 9608, Bartow County, Georgia

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7 miles acrossUNITED STATES ENVIRONMENTALPROTECTIONAGENCY REGION 4 ATLANTA FEDERALCENTER 61 FORSYTHSTREET ATLANTA, GEORGIA 30303-8960 

### Jci.j 

### ri 

### 2006 MAY 3 

### 1

### 2006

0 James P. Johnston,P.E. Air Protection Branch EnvironmentalProtectionDivision Georgia Department of Natural Resources 4244 InternationalParkway, Suite 120 Atlanta, Georgia 30354
Dear Mr. Johnston:
This correspondenceis in responseto your request, dated May 11,2006,for U.S. Environmental Protection Agency (EPA) concurrenceregarding whetherthe State of Georgia's existingmotor vehicle emissions inspection and maintenance (IJM) program satisfiesthe 

### I/M requirements for a moderate ozone nonattainment area under the 8-hour ozone National Ambient Air Quality Standard. We have completed our review of your request and have made the following determination.
As you noted in your letter, federal requirements at 40 C.F.R. section 51.350(b)(2)require the 

### I/M program to cover the entire urbanized area, as defined in the 1990 Census. This section also indicates that the "exclusion of some urban population is allowed as long as an equal number of non-urban residents of the MSA [Metropolitan StatisticalArea] containing the subject urbanized area are included to compensate for the exclusion." Based upon the informationthat you presented from the U.S. Census Bureau, EPA concurs that the small area of Bartow County, the only 1990 urbanized area not coveredby the existing program, ismore than compensated for by the inclusion of nonurbanized areas in the 13county I/M program. This determination does not preclude the State of Georgia from voluntarily adding any or all of the seven counties to the existing 

### I/M program. Thank you forthe opportunityto provide you with this determination. If you have any questions or comments, please contact Dale Aspy of the EPA Region 

### 4 staff at (404) 562-9041. Sincerely,

K~$T. Prince, Chief Air PlanningBranch

Internet Address (URL) http://www.epa.gov RecycledlRecyclable Printedwlh Vegetable Ofl Based Inkson RecydedPaper (Minimum30% Postconsumer)