Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 32135 

TABLE 4—PUGET SOUND CLEAN AIR AGENCY REGULATIONS

State citation Title/subject State adopted 

date EPA approval date Explanations 

*******

Regulation 1—Article 13: Solid Fuel Burning Device Standards 

13.01 ....................................... Policy and Purpose ................ 10/25/12 5/29/13 [Insert page number 

where the document begins].

13.02 ....................................... Definitions .............................. 10/25/12 5/29/13 [Insert page number 

where the document begins].

13.03 ....................................... Opacity Standards ................. 10/25/12 5/29/13 [Insert page number 

where the document begins].

13.04 ....................................... Allowed and Prohibited Fuel 

Types.

10/25/12 5/29/13 [Insert page number 

where the document begins].

13.05 ....................................... Restrictions on Operation of 

Solid Fuel Burning Devices.

10/25/12 5/29/13 [Insert page number 

where the document begins].

13.06 ....................................... Emission Performance Standards.10/25/12 5/29/13 [Insert page number 

where the document begins].

13.07 ....................................... Prohibitions on Wood Stoves 

that are not Certified Wood 

Stoves.

10/25/12 5/29/13 [Insert page number 

where the document begins].

* * * * * * * 

* * * * * (e) * * * 

STATE OF WASHINGTON NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Name of SIP provision Applicable geographic or 

nonattainment area 

State submittal 

date EPA approval date Comments 

*******

Recently Approved Plans 

Particulate Matter (PM2.5) 

2008 Baseline Emissions 

Inventory and SIP 

Strengthening Rules.

Tacoma, Pierce County ........ 11/28/12 5/29/13 [Insert page number 

where the document begins].

[FR Doc. 2013–12514 Filed 5–28–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2013–0147; FRL–9816–6] 

Approval and Promulgation of 

Implementation Plans; Atlanta, Georgia 

1997 8-Hour Ozone Nonattainment 

Area; Reasonable Further Progress 

Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a state 

implementation plan (SIP) revision, 

submitted by the State of Georgia, 

through the Georgia Environmental 

Protection Division (GA EPD), on 

October 21, 2009, to address the 

reasonable further progress (RFP) plan 

requirements for the Atlanta, Georgia 

1997 8-hour ozone national ambient air 

quality standards (NAAQS) 

nonattainment area. The Atlanta, 

Georgia 1997 8-hour ozone 

nonattainment area (hereafter referred to 

as the ‘‘Atlanta Area’’ or ‘‘the Area’’) is 

comprised 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. EPA is also 

finding adequate the motor vehicle 

emissions budgets (MVEB) for volatile 

organic compounds (VOC) and nitrogen 

oxides (NOx) that were included in 

Georgia’s RFP plan. Further, EPA is 

approving these MVEB. Additionally, as 

an administrative update EPA is also 

removing the numbering system from 

the non-regulatory provisions in the 

Code of Federal Regulations. 

DATES: This direct final rule is effective 

July 29, 2013 without further notice, 

unless EPA receives adverse comment 

by June 28, 2013. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 


tkelley on DSK3SPTVN1PROD with RULES
32136 Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 

1For the 1997 8-hour ozone NAAQS, the plan to 

demonstrate reasonable further progress is known 

as the RFP plan; whereas the plan to demonstrate 

reasonable further progress for the 1-hour ozone 

NAAQS is known as the Rate-of-Progress (ROP) 

plan. 

2 Georgia previously submitted the ROP plan (also 

referred to as the 15 Percent VOC Plan) for the 

portion of the Atlanta Area that was previously 

designated nonattainment for the former 1-hour 

ozone NAAQS. EPA approved Georgia’s ROP plan 

for the 1-hour ozone NAAQS for the Atlanta Area 

on April 26, 1999. See 64 FR 20196. 

3The 13-County portion includes the counties 

designated nonattainment in the 1-hour ozone 

nonattainment area: Cherokee, Clayton, Cobb, 

Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, 

Gwinnett, Henry, Paulding, and Rockdale. See 56 

FR 56694, November 6, 1991. 

4Seven additional ‘‘ring’’ counties were added to 

the original 1-hour ozone nonattainment area for 

the 8-hour ozone nonattainment designations. 

These additional counties include: Barrow, Bartow, 

Carroll, Hall, Newton, Spalding, and Walton. See 69 

FR 23857, April 30, 2004. 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number, ‘‘EPA– 

R04–OAR–2013–0147,’’ by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4-RDS@epa.gov. 

3. Fax: 404–562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2013– 

0147,’’ 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 a.m. to 4:30 p.m., excluding 

federal holidays. 

Instructions: Direct your comments to 

Docket ID Number, ‘‘EPA–R04–OAR– 

2013–0147.’’ 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: Ms. 

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. The 

telephone number is (404) 562–9061. 

Ms. Sara Waterson can be reached via 

electronic mail at 

waterson.sara@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What action is EPA taking? 

II. What is the background for EPA’s action? 

III. What is EPA’s analysis of the RFP Plan 

for the Atlanta area for the 1997 8-Hour 

Ozone NAAQS? 

IV. What are the 2008 NOX and VOC 

emissions inventories for the Atlanta 

area? 

V. What is EPA’s Analysis of the 2008 MVEB 

for the Atlanta Area? 

VI. What is the status of EPA’s adequacy 

determination for the 2008 MVEB for the 

Atlanta area? 

VII. Final Action 

VIII. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is approving changes to the 

Georgia SIP, submitted by the State of 

Georgia through GA EPD, on October 21, 

2009, to meet RFP 1 requirements of the 

Clean Air Act (CAA or Act) for the 

Atlanta Area for the 1997 8-hour ozone 

NAAQS.2 The RFP plan demonstrates 

that NOX emissions will be reduced by 

at least 15 percent for the 13-County 

portion 3 of the Atlanta ozone 

nonattainment area (hereafter referred to 

as the ‘‘13-County Area’’) and VOC 

emissions will be reduced by at least 15 

percent for the seven-county portion 4 of 

the Atlanta ozone nonattainment area 

(hereafter referred to as the ‘‘7-County 

Area’’) during the period of 2002 

through 2008. Additionally, EPA is 

approving the required 2008 VOC 

MVEB and the 2008 NOX MVEB, which 

were included in the October 21, 2009, 

RFP plan for the Atlanta Area. EPA is 

taking these actions because they are 

consistent with CAA requirements for 

RFP. The MVEB for the Atlanta Area, 

expressed in tons per day (tpd), are 

provided in Table 1 below. EPA is also 

describing the status of its 

transportation conformity adequacy 

determination for the 2008 MVEB. 

TABLE 1—MVEB FOR THE 1997 8- 

HOUR OZONE ATLANTA AREA

2008 20-County MVEB (tpd) 

VOC NOX

Total .......................... 171.83 272.67 

II. What is the background for EPA’s 

action? 

A. General Background 

On July 18, 1997, EPA promulgated a 

revised 8-hour ozone NAAQS of 0.08 

parts per million (ppm) (62 FR 38856). 

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- 


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Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 32137 

5 Georgia did not withdraw any elements related 

to reasonably available control technology (RACT) 

requirements, to the extent that these requirements 

were addressed in the attainment demonstration 

submissions. EPA has taken previous action to 

approve Georgia SIP revisions, including portions 

of the October 21, 2009, SIP revision, related to 

RACT. See 77 FR 59554, September 28, 2012. 

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. Ambient air 

quality monitoring data for the 3-year 

period must meet the data completeness 

requirement as determined in 40 CFR 

part 50, appendix I. 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. 

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. See 

69 FR 23857, April 30, 2004. The 

Atlanta Area encompasses the 13 

counties of the former 1-hour ozone 

nonattainment area plus the seven 

additional ‘‘ring’’ counties. 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 of this failure, 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, March 6, 2008. 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. EPA further required that 

Georgia submit SIP revisions to meet the 

new moderate area requirements as 

expeditiously as practicable, but no later 

than December 31, 2008. 

Under certain circumstances, the CAA 

allows for extensions of the attainment 

dates prescribed at the time of the 

original nonattainment designation. In 

accordance with CAA section 181(a)(5), 

EPA may grant up to two, one-year 

extensions of the attainment date under 

specified conditions. On November 30, 

2010, EPA determined that Georgia met 

the CAA requirements to obtain a oneyear extension of the attainment date for 

the 1997 8-hour ozone NAAQS for the 

Atlanta Area. See 75 FR 73969. As a 

result, EPA extended the Atlanta Area’s 

attainment date from June 15, 2010, to 

June 15, 2011, for the 1997 8-hour ozone 

NAAQS. 

Subsequently, on June 23, 2011, EPA 

determined that the Atlanta Area 

attained the 1997 8-hour ozone NAAQS. 

See 76 FR 36873. The determination of 

attaining data was based upon qualityassured 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. As a result of the 

determination of attainment, the 

requirements for the Area to submit an 

attainment demonstration and 

associated reasonable available control 

measures (RACM), RFP plan, 

contingency measures, and other 

planning SIP revisions related to 

attainment of the 1997 8-hour ozone 

NAAQS were suspended. These 

nonattainment related SIP obligations 

remain suspended so long as the Area 

continues to attain the 1997 8-hour 

ozone NAAQS. See 40 CFR 52.582(d). 

On February 16, 2012, Georgia 

withdrew the attainment demonstration 

submissions (except RFP, emissions 

statements, and the emissions 

inventory) as allowed by 40 CFR 51.918 

for the Atlanta Area.5 Subsequently, 

EPA approved Georgia’s SIP revisions 

related to the emissions statements and 

emissions inventory requirements for 

the Atlanta Area for the 1997 8-hour 

ozone NAAQS. See 74 FR 62249 

(November 27, 2009); and 77 FR 24399 

(March 24, 2012), respectively. Despite 

the determination of attainment, Georgia 

opted to leave the SIP submission 

related to the RFP requirements for the 

1997 8-hour ozone NAAQS before EPA 

for action. As such, EPA is taking action 

to approve Georgia’s October 21, 2009, 

SIP revision as it relates to the RFP 

requirements for the 1997 8-hour ozone 

NAAQS. 

B. Background for ROP Requirements 

for the 1-Hour Ozone NAAQS 

Because Atlanta was classified as a 

‘‘serious’’ nonattainment area under the 

1-hour ozone NAAQS, Georgia was 

required to develop a SIP to reduce 

emissions of VOC in the 13-County 

Atlanta 1-hour ozone nonattainment 

area by 15 percent from 1990 to 1996. 

The plan, also known as Georgia’s ROP 

plan SIP or the 15 Percent VOC Plan, 

was approved on April 26, 1999. See 64 

FR 20186. 

The CAA also requires post-1996 

emission reductions of VOC and/or NOX

totaling 3 percent per year, averaged 

over each consecutive three-year period 

beginning in 1996 and continuing 

through the attainment date. Georgia 

chose to rely solely on NOX emission 

reductions in its post-1996 ROP SIP (the 

9 Percent Plan). This plan was required 

to describe how Georgia would achieve 

RFP towards attaining the 1-hour ozone 

NAAQS between 1996 and 1999, the 

attainment deadline for serious 

nonattainment areas. Georgia’s 9 Percent 

Plan was approved on March 19, 1999. 

See 64 FR 13348. 

On September 26, 2003, EPA reclassified the 13-county Atlanta 1-hour 

ozone nonattainment area to ‘‘severe.’’ 

See 68 FR 55469. Among other 

requirements, this reclassification 

required submission of a severe area 

post-1999 ROP SIP. A severe area post1999 ROP SIP must describe how at 

least a 3 percent per year reduction in 

emissions of ozone precursors (VOC or 

NOX) will be achieved, from the time of 

failure to meet the ‘‘serious’’ area 

attainment date until the ‘‘severe’’ area 

attainment date. 

The Atlanta severe area post-1999 

ROP SIP contained a description of how 

the 3 percent per year reductions in 

ozone precursor emissions, required 

over the period from November 15, 

1999, through November 15, 2004, were 

achieved. It also contained MVEB for 

the Atlanta 1-hour ozone nonattainment 

area. GA EPD submitted the post-1999 

ROP SIP and MVEB on December 24, 

2003. EPA approved Georgia’s post-1999 

ROP SIP for the Atlanta Area on July 19, 

2004 (69 FR 42880). EPA’s approval of 

Georgia’s post-1999 ROP SIP for the 

Atlanta Area completed the State’s 

obligation related to ROP for the 1-hour 

ozone NAAQS. 


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32138 Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 

6RFP regulations are at 40 CFR 51.910. 7The Atlanta Area attained the 1997 8-hour 

ozone NAAQS by June 15, 2011, based on 2008– 

2010 data. 

C. Background for RFP Requirements for 

the 1997 8-hour Ozone NAAQS 

On November 29, 2005 (70 FR 71612), 

as revised on June 8, 2007 (72 FR 

31727), EPA published a rule entitled 

‘‘Final Rule To Implement the 8-Hour 

Ozone National Ambient Air Quality 

Standard—Phase 2; Final Rule To 

Implement Certain Aspects of the 1990 

Amendments Relating to New Source 

Review and Prevention of Significant 

Deterioration as They Apply in Carbon 

Monoxide, Particulate Matter and Ozone 

NAAQS; Final Rule for Reformulated 

Gasoline’’ (hereafter referred to as the 

Phase 2 Rule). Section 182(b)(1) of the 

CAA and EPA’s Phase 2 Rule 6 require 

a state, for each 1997 8-hour ozone 

nonattainment area that is classified as 

moderate, to submit an emissions 

inventory and a RFP plan to show how 

the state will reduce emissions of VOC. 

Specifically, in ozone nonattainment 

areas with air quality classified as 

‘‘moderate’’ or worse, the RFP 

requirement prescribes emission 

reductions from the baseline totaling 15 

percent within six years of the base year 

(i.e., by the end of 2008 for the 8-hour 

ozone NAAQS). Per 40 CFR part 

51.910(a)(1)(iii), moderate and higher 

classification areas of which a portion 

has an approved 1-hour ozone 15 

Percent VOC Plan can choose to treat 

the nonattainment area as two parts, 

each with a separate RFP target, and 

may substitute reductions in NOX for 

VOC in the sub-area with the approved 

15 Percent Plan. The 15 percent 

reduction for the sub-area without an 

approved 1-hour ozone 15 Percent VOC 

Plan, however, must be achieved 

entirely through VOC reductions. 

Georgia relied solely on NOX emission 

reductions for the 13-County portion of 

the Atlanta Area with an approved 15 

Percent VOC Plan. 

Pursuant to CAA section 172(c)(9), 

RFP plans must include contingency 

measures that will take effect without 

further action by the State or EPA, 

which includes additional controls that 

would be implemented if the Area fails 

to reach the RFP milestones. While the 

CAA does not specify the type of 

measures or quantity of emissions 

reductions required, EPA provided 

guidance interpreting the CAA that 

implementation of these contingency 

measures would provide additional 

emissions reductions of up to 3 percent 

of the adjusted base year inventory in 

the year following the RFP milestone 

year (i.e., in this case 2008). For more 

information on contingency measures 

please see the April 16, 1992, General 

Preamble (57 FR 13498, 13510) and the 

November 29, 2005, Phase 2 8-hour 

ozone standard implementation rule (70 

FR 71612, 71650). Finally, RFP plans 

must also include a MVEB for the 

precursors for which the plan is 

developed. See Section IV of this 

rulemaking for more information on 

MVEB requirements. 

As mentioned above, the Atlanta Area 

was designated nonattainment for the 

1997 8-hour ozone NAAQS. 

Specifically, 20 counties in the Atlanta 

Area (including the 13 counties that 

were included in the former 1-hour 

ozone nonattainment area) were 

classified as a ‘‘moderate’’ 

nonattainment area. Georgia submitted 

its RFP plan and additional SIP revision 

under a separate cover letter on October 

21, 2009, including an attainment 

demonstration, associated RACM, 

RACT, 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. Today’s 

rulemaking is approving only the RFP 

plan, including the associated MVEB. 

III. What is EPA’s analysis of the RFP 

plan for the Atlanta area for the 1997 

8-Hour ozone NAAQS? 

On October 21, 2009, Georgia 

submitted the RFP plan for the Atlanta 

Area to address the CAA’s requirements 

for the 1997 8-hour ozone NAAQS. The 

Atlanta Area RFP is for the entire 20- 

County Area; however, GA EPD has 

chosen to look at the 13-County Area 

and 7-County Area separately for the 

purposes of calculating the RFP targets 

for NOX and VOC, respectively. 

Regardless of the separation of the 13- 

County Area and the 7-County Area, 

NOX and VOC reductions in the entire 

20-County Area are available. Therefore, 

there are ‘‘unclaimed’’ 2008 NOX

reductions available from the 7-County 

Area without an approved 1-hour ozone 

15 Percent VOC Plan where RFP must 

be demonstrated in VOC reductions and 

there are ‘‘unclaimed’’ 2008 VOC 

reductions available from the 13-County 

Area for which there is an approved 1- 

hour ozone 15 Percent VOC Plan. EPA’s 

analysis of Georgia’s RFP submission is 

provided below. 

A. Base Year Emissions Inventory 

An emissions inventory is a 

comprehensive, accurate, current 

inventory of actual emissions from all 

sources and is required by section 

182(a)(1) of the CAA. Georgia 

implemented the 15 percent NOX

reductions for the 13 counties in the 

former 1-hour ozone nonattainment area 

and the 15 percent VOC reduction for 

the seven ring counties between 2002 

and 2008 with continued progress 

toward attainment through the 

attainment year.7 EPA recommended 

2002 as the base year for the emissions 

inventory, and therefore, 2002 is the 

starting point for calculating RFP. 

Georgia submitted its 2002 base year 

emissions inventory on October 21, 

2009. In an action on March 24, 2012, 

EPA approved Georgia’s 2002 base year 

emissions inventory for the Atlanta Area 

for the 1997 8-hour ozone NAAQS. See 

77 FR 24399. A summary of the Atlanta 

Area 2002 base year emissions 

inventories is included in Table 2 

below. 

TABLE 2—2002 POINT AND AREA SOURCES ANNUAL EMISSIONS FOR THE ATLANTA AREA

[tons per year] 

County 

Point Area On-road Non-road 

NOX VOC NOX VOC NOX VOC NOX VOC 

Barrow .............................. 0.06 0.02 0.45 3.74 5.69 4.30 1.41 0.75 

Bartow .............................. 69.92 1.31 1.30 8.05 15.76 10.56 3.89 2.54 

Carroll ............................... 0.06 0.85 1.30 9.54 10.91 8.10 2.39 1.87 

Cherokee .......................... 0.20 0.13 0.72 6.30 10.25 5.17 3.59 5.30 

Clayton ............................. 0.30 1.29 1.08 9.53 19.96 9.90 19.21 3.83 

Cobb ................................. 12.62 0.89 4.12 28.18 50.66 26.84 12.67 18.82 

Coweta ............................. 23.08 0.62 0.89 3.94 7.86 3.75 3.30 2.49 


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Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 32139 

8As mentioned above, for the 1-hour ozone 

NAAQS, the plan to demonstrate progress towards 

attainment was known as the ROP plan; whereas for 

the 8-hour ozone NAAQS, this same plan is known 

as the RFP plan. 

TABLE 2—2002 POINT AND AREA SOURCES ANNUAL EMISSIONS FOR THE ATLANTA AREA—Continued 

[tons per year] 

County 

Point Area On-road Non-road 

NOX VOC NOX VOC NOX VOC NOX VOC 

DeKalb ............................. 0.49 4.66 4.06 44.67 63.33 31.21 9.98 16.76 

Douglas ............................ 0.06 0.08 0.48 3.93 9.70 4.54 1.87 1.26 

Fayette ............................. .................... .................... 0.77 4.69 5.20 2.84 2.18 1.91 

Forsyth ............................. 0.12 0.48 0.84 4.82 8.41 4.28 3.11 5.36 

Fulton ............................... 5.46 5.42 6.59 49.47 91.42 46.10 20.02 17.19 

Gwinnett ........................... 0.09 0.13 4.55 32.02 49.26 25.20 15.36 23.85 

Hall ................................... 0.29 0.69 2.79 13.69 15.12 11.59 3.80 6.47 

Henry ................................ 6.44 1.34 0.60 5.26 13.40 6.40 4.68 2.75 

Newton ............................. 0.00 2.01 0.79 5.21 6.72 4.95 1.95 1.29 

Paulding ........................... .................... .................... 0.26 3.51 4.76 2.57 2.66 1.43 

Rockdale .......................... 0.08 0.44 1.00 4.28 5.70 2.88 1.59 1.42 

Spalding ........................... 0.00 0.18 0.79 5.95 5.25 4.14 0.87 1.21 

Walton .............................. 0.01 0.32 0.47 4.92 5.72 4.66 1.70 1.53 

As mentioned above, EPA has already 

approved this emissions inventory and 

thus is not taking comment on these 

inventories in today’s action. 

B. Adjusted Base Year Inventory and 

2008 RFP Target Levels 

The process for determining the 

emissions baseline from which the RFP 

reductions are calculated is described in 

section 182(b)(1) of the CAA and 40 CFR 

51.910. This baseline value is the 2002 

adjusted base year inventory. Sections 

182(b)(1)(B) and (D) require the 

exclusion from the base year inventory 

of emissions benefits resulting from the 

Federal Motor Vehicle Control Program 

(FMVCP) regulations promulgated prior 

to January 1, 1990, and the Reid Vapor 

Pressure (RVP) regulations promulgated 

prior to June 11, 1990. The FMVCP and 

RVP emissions reductions were 

determined by the State using EPA’s onroad mobile source emissions modeling 

software, MOBILE6, which was the 

latest model at the time this submission 

was developed; 2002 speeds and vehicle 

miles traveled (VMT) from Atlanta 

Regional Commission’s (ARC) travel 

demand model networks; and areaspecific fleet age distributions. The 

FMVCP and RVP emission reductions 

are then removed from the base year 

inventory by the State, resulting in an 

adjusted base year inventory. The 

emission reductions needed to satisfy 

the RFP requirement are then calculated 

from the adjusted base year inventory. 

These reductions are then subtracted 

from the adjusted base year inventory to 

establish the emissions target for the 

RFP milestone year (2008). 

For moderate areas like the Atlanta 

Area, the CAA specifies a 15 percent 

reduction in ozone precursor emissions 

over an initial six year period following 

the baseline inventory year. In the Phase 

2 Rule, EPA interpreted this 

requirement for areas that were also 

designated nonattainment and classified 

as moderate or higher for the 1-hour 

ozone NAAQS. In the Phase 2 Rule, EPA 

provided that an area classified as 

moderate or higher that has the same 

boundaries as an area, or is entirely 

composed of several areas or portions of 

areas, for which EPA fully approved a 

15 percent plan for the 1-hour NAAQS, 

is considered to have met the 

requirements of section 182(b)(1) of the 

CAA for the 8-hour NAAQS. In this 

situation, a moderate nonattainment 

area is subject to RFP under section 

172(c)(2) of the CAA and shall submit, 

no later than 3 years after designation 

for the 8-hour NAAQS, a SIP revision 

that meets the requirements of 40 CFR 

51.910(b)(2). For an area like Atlanta, 

the RFP SIP revision must provide for 

a 15 percent emission reduction (either 

NOX and/or VOC) accounting for any 

growth that occurs during the six year 

period following the baseline emissions 

inventory year, that is, 2002–2008. 

The Atlanta Area that was classified 

as severe under the 1-hour ozone 

NAAQS contained the counties 

Cherokee, Clayton, Cobb, Coweta, 

DeKalb, Douglas, Fayette, Forsyth, 

Fulton, Gwinnett, Henry, Paulding, and 

Rockdale. These 13 counties plus 7 

‘‘ring’’ counties (Barrow, Bartow, 

Carroll, Hall, Newton, Spalding, and 

Walton) were also designated 

nonattainment as a part of the 1997 8- 

hour ozone Atlanta Area. Per 40 CFR 

part 51.910(a)(1)(iii), moderate areas of 

which a portion has an approved 1-hour 

ozone 15 Percent VOC Plan can choose 

to treat the nonattainment area as two 

parts, each with a separate RFP target, 

and may substitute reductions in NOX

for VOC in the sub-area with the 

approved 15 Percent Plan. The 15 

percent reduction for the sub-area 

without an approved 15 Percent VOC 

Plan must still be entirely VOC. Since 

a 15 percent ROP8 plan was submitted 

for the 1-hour ozone Area, the 13- 

County 2002 base year NOX inventory 

was adjusted and the 7-County base year 

VOC inventory was adjusted. 

As mentioned earlier and according to 

section 182(b)(1)(D) of the CAA, 

emission reductions that resulted from 

the FMVCP and RVP rules promulgated 

prior to 1990 are not creditable for 

achieving RFP emission reductions. 

Therefore, the 2002 base year inventory 

is adjusted by subtracting the VOC and 

NOX emission reductions that are 

expected to occur between 2002 and the 

future milestone years due to the 

FMVCP and RVP rules. 

In the Phase 2 Rule, promulgated on 

November 29, 2005 (70 FR 71612), EPA 

outlines Method 1 as the process that 

states should use to show compliance 

with RFP for areas like the Atlanta Area 

that already have an approved ROP 

plan. A summary of the steps for 

Method 1 is provided below. 

• Step A is the actual anthropogenic 

base year VOC emissions inventory in 

2002. 

• Step B is to account for creditable 

emissions for RFP. 

• Step C is to calculate non-creditable 

emissions for RFP. Non-creditable 

emissions include emissions from: (1) 

motor vehicle exhaust or evaporative 

emissions regulations promulgated prior 

to January 1, 1990; (2) regulations 

concern RVP promulgated prior to 

November 15, 1990; (3) RACT 

corrections required prior to November 

1990; and (4) corrective inspection and 

maintenance (I/M) plan required prior 

to November 1990. Step D is to subtract 


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32140 Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 

9Number reflects the VOC emissions reductions 

stated in the October 21, 2009, submittal. 

the non-creditable emissions (Step C) 

from the 2002 base year emissions (Step 

A). 

• Step E is to calculate the 2008 target 

level VOC emissions. This is calculated 

by reducing the emissions from Step D 

by 15 percent. 

• The estimated 2008 VOC emissions 

are then compared to the 2008 target 

level VOC emissions (Step E). 

As provided in Georgia’s RFP SIP 

revision, the State utilized the steps 

from Method 1 of the Phase 2 Rule. 

Specifically, Georgia’s October 21, 2009, 

SIP revision sets out the State’s 

calculations as summarized below. 

1. Step A: Estimate the actual 

anthropogenic base year NOX inventory 

in 2002 with all 2002 control programs 

in place for all sources for the 13- 

County area and VOC inventory in 2002 

with all 2002 control programs in place 

for all sources for the 7-County area. 

Georgia provided this emission 

inventory in Tables 1 and 2 of the 

October 21, 2009, RFP plan for the 

Atlanta Area, and as shown in Tables 3 

and 4, below. EPA has already approved 

this inventory. See 77 FR 24399 (April 

4, 2012). 

TABLE 3—7-COUNTY 2002 RFP BASE YEAR VOC INVENTORY

[Tons/day] 

Point Area Non-road 

mobile 

On-road 

mobile Total 

7-County 2002 RFP Base Year VOC Inventory .......................................................... 6.4 50.8 15.9 50.5 * 123.5 

* Numbers are those provided in the October 21, 2009, submittal and reflect rounding conventions. 

TABLE 4—13-COUNTY 2002 RFP BASE YEAR NOX INVENTORY

[Tons/day] 

Point Area Non-road 

mobile 

On-road 

mobile Total 

13-County 2002 RFP Base Year NOX Inventory ........................................................ 84.1 24.5 111.3 342.1 * 562.1 

* Numbers are those provided in the October 21, 2009, submittal and reflect rounding conventions. 

2. Step B: Using the same highway 

vehicle activity inputs used to calculate 

the actual 2002 inventory, run the 

appropriate motor vehicle emissions 

model for 2002 and for 2008 with all 

post-1990-CAA measures turned off. 

Any other local inputs for vehicle I/M 

programs should be set according to the 

program that was required to be in place 

in 1990. Fuel RVP should be set at 9.0 

or 7.8 pounds per square inch (psi) 

depending on the RVP required in the 

local area as a result of fuel RVP 

regulations promulgated in June, 1990. 

For the Atlanta Area, these 

adjustments are made because states are 

not allowed to take credit for emissions 

reductions that would have occurred 

due to fleet turnover from vehicles 

meeting pre-1990 standards to newer 

cars and trucks, or from previously 

existing federal fuel regulations. These 

non-creditable reductions are called the 

FMVCP/RVP reductions. See Appendix 

C, Exhibits 5 and 8, of the State 

submittal for details on the Adjusted 

Base Year Inventories. 

3. Step C: Calculate the difference 

between the 2002 and 2008 VOC 

emission factors calculated in Step B 

and multiply by the 2002 vehicle miles 

traveled. The result is the VOC emission 

calculation that will occur between 

2002 and 2008 without the benefits of 

any post-1990–CAA measures. These 

are the non-creditable reductions that 

occur over this period. 

Georgia calculated the non-creditable 

emission reductions between 2002 and 

2008 by modeling its 2002 and 2008 

motor vehicle emissions with all post1990 CAA measures turned off, and 

calculating the difference. 

4. Step D: Subtract the non-creditable 

reductions calculated in Step C from the 

actual anthropogenic 2002 inventory 

estimated in Step A. These adjusted 

inventories are the basis for calculating 

the target level of emissions in 2008. 

The adjusted VOC inventory for 

calculating the target level of VOC 

emissions reductions in the 7-County 

area for 2008 is 114.0 tpd 9 (i.e., 123.5 

tpd (the result of Step A) minus 9.6 tpd 

(the result of Step C)). 

The adjusted NOX inventory for 

calculating the target level of NOX

emissions reductions in the 13-County 

area for 2008 is 519.0 tpd (i.e., 562.1 tpd 

the result of Step A) minus 43.1 tpd (the 

result of Step C)). 

5. Step E: Reduce the adjusted 

inventories calculated in Step D by 15 

percent. The result is the target level of 

emissions in 2008 in order to meet the 

2008 RFP requirement. The actual 

projected 2008 inventory for all sources 

with all control measures in place, 

including projected 2008 growth in 

activity, must be at or lower than this 

target level of emissions. 

The targeted level of emissions 

reductions for the Atlanta Area to meet 

RFP requirements is 17.1 tpd of VOC 

(i.e, 114.0 tpd multiplied by 15 percent) 

in the 7-County area. Thus the required 

targeted level of VOC emissions is 96.9 

tpd for the 7-County area. 

The targeted level of emissions 

reductions for the Atlanta Area to meet 

RFP requirements is 77.9 tpd of NOX

(i.e, 519.0 tpd multiplied by 15 percent) 

in the 13-County area. Thus the required 

targeted level of NOX emissions is 441.2 

tpd for the 13-County area. 

C. Final Analysis of Georgia’s RFP 

Analysis for the Atlanta Area 

As mentioned above, the required 

target level for the Atlanta Area to meet 

the initial RFP plan requirement is a 15 

percent reduction in 2008 VOC 

emissions from the 7-County area and 

15 percent reduction in 2008 NOX

emissions from the 13-County area from 

the VOC and NOX emissions in 2002 (as 

adjusted per CAA requirements). 

Specifically, to meet this requirement, 

Georgia needed to demonstrate a 

reduction of at least 17.1 tpd VOC for 

the 7-County area and 77.9 tpd NOX for 

the 13-County area, respectively. Tables 

5 and 6 below summarize the results of 

Georgia’s calculations for this RFP 

analysis. 


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TABLE 5—15 PERCENT VOC RFP ANALYSIS FOR THE 7-COUNTY PORTION OF THE ATLANTA AREA

Step from Method 1 Matrix VOC 

(tpd) 

Step A ................................................. Total 2002 Base Year Anthropogenic VOC Emissions ................................................................. 123.5 

Step C ................................................. Non-Creditable VOC reductions .................................................................................................... 9.6 

Step D ................................................. 2002 Base Year minus the Non-Creditable Emissions ................................................................. 114.0 

Step E ................................................. 2008 Target Level of VOC Emissions ........................................................................................... 96.9 

TABLE 6—15 PERCENT NOX RFP ANALYSIS FOR THE 13-COUNTY PORTION OF THE ATLANTA AREA

Step from Method 1 Matrix NOX

(tpd) 

Step A ................................................. Total 2002 Base Year Anthropogenic NOX Emissions ................................................................. 562.1 

Step C ................................................. Non-Creditable NOX reductions ..................................................................................................... 43.1 

Step D ................................................. 2002 Base Year minus the Non-Creditable Emissions ................................................................. 519.0 

Step E ................................................. 2008 Target Level of NOX Emissions ............................................................................................ 441.2 

In its October 21, 2009, SIP revision, 

Georgia calculated the 2008 VOC and 

NOX emissions inventories for the 

Atlanta Area. These emissions 

inventories are provided in Table 7 

below. 

TABLE 7—2008 PROJECTED EMISSIONS (TPD) FOR THE ATLANTA AREA

Point Area Non-road 

mobile 

On-road 

mobile Total 

13-County (NOX) ......................................................................................................... 99.9 25.2 104.3 221.2 450.7 

7-County (VOC) ........................................................................................................... 6.7 49.1 12.9 41.1 109.8 

As discussed above, the required 

target for NOX reductions in the 13- 

County Area for the year 2008 to meet 

the RFP requirements for the Atlanta 

Area is 77.9 tpd (i.e., 15 percent 

reduction from the adjusted 2002 

baseline). The projected 13-County 2008 

NOX emissions of 450.7 tpd are above 

the 2008 13-County NOX Target Level 

Emissions of 441.2 tpd by 9.5 tpd. 

However, there are unclaimed 2008 

NOX reductions totaling 126.0 tpd 

available from the 7-County Area 

without an approved 1-hour ozone 15 

Percent VOC Plan where RFP must be 

in VOC reductions. By applying 9.5 tpd 

of those available 7-County NOX

reductions towards 13-County RFP, the 

13-County NOX target is met, with 116.5 

available nonattainment area NOX tons 

per day reductions remaining. See Table 

8. 

TABLE 8—2008 7-COUNTY AVAILABLE NOX REDUCTIONS

Point Area Non-road 

mobile 

On-road 

mobile Total 

2002 Adjusted to 2008 Base Year 7-county NOX Inventory ....................................... 163.1 7.8 18.1 59.0 247.9 

2008 7-County Projected NOX Inventory .................................................................... 46.7 8.0 15.7 51.5 121.9 

2008 7-County Available NOX Reductions .................................................................. 116.4 ¥0.2 2.3 7.5 126.0 

The required target for VOC 

reductions in the 7-County area for the 

year 2008 to meet the RFP requirements 

for the Atlanta Area is 17.1 tpd (i.e., 15 

percent reduction from the adjusted 

2002 baseline). Although the projected 

7-County 2008 VOC emissions of 109.8 

tpd are above the 2008 7-County VOC 

Target Level Emissions of 96.9 tpd by 

12.9 tpd, there are unclaimed 2008 VOC 

reductions totaling 74.6 tpd available 

from the 13-County Area for which 

there is an approved 1-hour ozone 15 

Percent VOC Plan. By applying 12.9 tpd 

of those available 13-County VOC 

reductions towards 7-County RFP, the 7- 

County VOC target is met, with 61.7 

available nonattainment area VOC tons 

per day reductions remaining. See Table 

9. 

TABLE 9—2008 13-COUNTY AVAILABLE VOC REDUCTIONS

Point Area Non-road 

mobile 

On-road 

mobile Total 

2002 Adjusted to 2008 Base Year 13-county VOC Inventory .................................... 15.9 297.8 137.7 145.1 596.4 

2008 13-County Projected VOC Inventory .................................................................. 14.5 269.2 107.4 130.7 521.8 

2008 13-County Available VOC Reductions ............................................................... 1.4 28.6 30.3 43.5 74.6 


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32142 Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 

Thus, EPA is making the 

determination that Georgia’s SIP 

revision demonstrates the required 

progress towards attainment for the 

Atlanta Area. In today’s action, EPA is 

approving Georgia’s RFP SIP revision 

submitted on October 21, 2009 as 

meeting the CAA and EPA’s regulations 

regarding RFP. 

IV. What are the 2008 NOX and VOC 

emissions inventories for the Atlanta 

area? 

In support of its development of NOX

and VOC MVEB for the 2008, Georgia, 

in its October 21, 2009, SIP revision, 

developed the NOX and VOC emissions 

inventories for the full 20-County 

Atlanta Area. These inventories are not 

required for the RFP plan but are 

necessary for the development of the 

MVEB. These emissions inventories are 

provided in Table 10 below. 

TABLE 10—2008 20-COUNTY ATLANTA AREA PROJECTED EMISSIONS

[Tons per summer day] 

Point Area Non-road 

mobile 

On-road 

mobile Total 

VOC ............................................................................................................................. 21.1 318.3 120.3 171.78 631.5 

NOX .............................................................................................................................. 139.4 33.2 120.1 272.64 565.3 

V. What is EPA’s analysis of the 2008 

MVEB 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 demonstrations) and 

maintenance plans create MVEB for 

criteria pollutants and/or their 

precursors to address pollution from 

cars and trucks. Per 40 CFR part 93, an 

MVEB must be established for the target 

year and precursor pollutant of the RFP 

(i.e., in this case, for the target year of 

2008 and for VOC and NOX). 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 developed VOC 

and NOX MVEB for the year 2008. 

Specifically, Georgia developed these 

MVEB, as required, for the target year 

and relevant precursors—2008 and VOC 

and NOX. The MVEB for the Atlanta 

Area for Georgia’s 2008 RFP plan are 

based on the projected 2008 mobile 

source emissions accounting for all 

mobile control measures. The 2008 

MVEB are defined in Table 11 below. 

TABLE 11—TOTAL 20-COUNTY 2008 

MVEB FOR THE 1997 8-HOUR ATLANTA AREA

[tpd] 

2008 20-County MVEB 

VOC NOX

Total ........................... 171.83 272.67 

Through this rulemaking, EPA is 

approving the 2008 VOC and NOX

MVEB for the Atlanta Area because EPA 

has made the determination that the 

Area maintains the 1997 8-hour ozone 

NAAQS with the emissions at the levels 

of the budgets. Once the MVEB for the 

Atlanta Area are approved or found 

adequate (whichever is completed first), 

they must be used for future conformity 

determinations for the 1997 8-hour 

ozone NAAQS for Metropolitan 

Planning Organizations’ long-range 

transportation plans and transportation 

improvement programs. After thorough 

review, EPA is determining that the 

budgets meet the adequacy criteria, as 

outlined in 40 CFR 93.118(e)(4), and is 

now approving the budgets because they 

are consistent with RFP for the 1997 8- 

hour ozone NAAQS for the year 2008. 

VI. What is the status of EPA’s 

adequacy determination for the 2008 

MVEB for the Atlanta area? 

When reviewing a submitted ‘‘control 

strategy’’ SIP, RFP or maintenance plan 

containing a MVEB, EPA may 

affirmatively find the MVEB contained 

therein adequate for use in determining 

transportation conformity. Once EPA 

affirmatively finds the submitted MVEB 

is adequate for transportation 

conformity purposes, that 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 

MVEB 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). 


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Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 32143 

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 RFP 

plan submission includes VOC and NOX

MVEB for the Atlanta Area for the year 

2008. EPA reviewed the MVEB through 

the adequacy process. The Georgia SIP 

submission, including the 2008 MVEB 

for the Atlanta Area, was open for 

public comment on EPA’s adequacy 

Web site on November 9, 2009, found at: 

http://www.epa.gov/otaq/ 

stateresources/transconf/currsips.htm. 

The EPA public comment period on 

adequacy of the 2008 MVEB for the 

Atlanta Area, closed on December 9, 

2009. EPA did not receive any 

comments, adverse or otherwise, during 

the adequacy process. 

EPA intends to make its 

determination on the adequacy of the 

2008 MVEB for the Atlanta Area for 

transportation conformity purposes by 

completing the adequacy process that 

was started on November 9, 2009. EPA 

finds the 2008 MVEB adequate and is 

approving the 2008 NOX and VOC 

MVEB. The new MVEB for NOX and 

VOC must be used for future 

transportation conformity 

determinations. For required regional 

emissions analysis years that involve 

2008 or beyond, the applicable budgets 

will be the new 2008 MVEB established 

in this RFP plan, as defined in section 

V of this proposed rulemaking. 

VII. Final Action 

EPA is taking direct final action to 

approve a SIP revision, submitted on 

October 21, 2009, by the State of 

Georgia, through the GA EPD to meet 

the RFP requirements for the Atlanta 

Area for the 1997 8-hour ozone NAAQS. 

Additionally, EPA is approving the NOX

and VOC MVEB for the Atlanta Area 

that were included in Georgia’s RFP 

plan. Furthermore, EPA is finding the 

budgets adequate. These actions are 

being taken pursuant to section 110 of 

the CAA. As an administrative update, 

EPA is removing the numbering system 

in table (e) of 40 CFR 52.570. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a non-controversial 

revision and anticipates no adverse 

comments. However, in the proposed 

rules section of this issue of the Federal 

Register, EPA is publishing a separate 

document that will serve as the proposal 

to approve the SIP revision should 

adverse comment be filed. This rule will 

be effective on July 29, 2013 without 

further notice unless the Agency 

receives adverse comment by June 28, 

2013. If EPA receives such comments, 

then EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. If no such 

comments are received, the public is 

advised this rule will be effective on 

July 29, 2013 and no further action will 

be taken on the proposed rule. 

VIII. Statutory and Executive Order 

Reviews 

Under the CAA, 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, this action 

merely approves state law as meeting 

federal requirements and does not 

impose additional requirements beyond 

those imposed by State law. For that 

reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is 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.); 

• Does 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is 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 

• Does 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 rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by July 29, 2013. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this action for the purposes of 

judicial review nor does it extend the 

time within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of this issue of the Federal 

Register, rather than file an immediate 

petition for judicial review of this direct 

final rule, so that EPA can withdraw 

this direct final rule and address the 

comment in the proposed rulemaking. 

This action may not be challenged later 

in proceedings to enforce its 

requirements. See section 307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 


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32144 Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 

Ozone, Reporting and recordkeeping 

requirements, and Volatile organic 

compounds. 

Dated: May 13, 2013 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart L—Georgia 

■ 2. Section 52.570(e) is amended by 

revising the table to read as follows: 

§ 52. 570 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS

Name of nonregulatory SIP provision Applicable geographic or 

nonattainment area 

State submittal date/ 

effective date EPA approval date Explanation 

High Occupancy Vehicle (HOV) lane on I– 

85 from Chamblee-Tucker Road to State 

Road 316. High Occupancy Toll (HOT) 

lane on I–85 from Chamblee-Tucker 

Road to State Road 316.

Atlanta Metropolitan Area .... 11/15/93 and amended on 6/17/96 and 

2/5/10.

3/18/99, 4/26/99 and 

11/5/09.

Clean Fuel Vehicles Revolving Loan Program.Atlanta Metropolitan Area .... 6/17/96 ...................... 4/26/99 

Regional Commute Options Program and 

HOV Marketing Program.

Atlanta Metropolitan Area .... 6/17/96 ...................... 4/26/99 

HOV lanes on I–75 and I–85 ...................... Atlanta Metropolitan Area .... 6/17/96 ...................... 4/26/99 

Two Park and Ride Lots: Rockdale CountySigman at I–20 and Douglas CountyChapel Hill at I–20.Atlanta Metropolitan Area .... 6/17/96 ...................... 4/26/99 

MARTA Express Bus routes (15 buses) ..... Atlanta Metropolitan Area .... 6/17/96 ...................... 4/26/99 

Signal preemption for MARTA routes #15 

and #23.

Atlanta Metropolitan Area .... 6/17/96 ...................... 4/26/99 

Improve and expand service on MARTA’s 

existing routes in southeast DeKalb 

County.

Atlanta Metropolitan Area .... 6/17/96 ...................... 4/26/99 

Acquisition of clean fuel buses for MARTA 

and Cobb County Transit.

Atlanta Metropolitan Area .... 6/17/96 ...................... 4/26/99 

ATMS/Incident Management Program on I– 

75/I–85 inside I–285 and northern ARC 

of I–285 between I–75 and I–85.

Atlanta Metropolitan Area .... 6/17/96 ...................... 4/26/99 

Upgrading, coordination and computerizing 

intersections.

Atlanta Metropolitan Area .... 6/17/96 ...................... 4/26/99 

[Reserved]: 

Atlantic Steel Transportation Control 

Measure.

Atlanta Metropolitan Area .... 3/29/00 ...................... 8/28/00 

Procedures for Testing and Monitoring 

Sources of Air Pollutants.

Atlanta Metropolitan Area .... 7/31/00 ...................... 7/10/01 

Enhanced Inspection/Maintenance 

Test Equipment, Procedures and 

Specifications.

Atlanta Metropolitan Area .... 9/20/00 ...................... 7/10/01 

Preemption Waiver Request for LowRVP, Low-Sulfur Gasoline Under Air 

Quality Control Rule 391–3–1– 

.02(2)(bbb).

Atlanta Metropolitan Area .... 5/31/00 ...................... 2/22/02 

Technical Amendment to the Georgia 

Fuel Waiver Request of May 31, 

2000.

Atlanta Metropolitan Area .... 11/9/01 ...................... 2/22/02 

Georgia’s State Implementation Plan 

for the Atlanta Ozone Nonattainment 

Area.

Atlanta Metropolitan Area .... 7/17/01 ...................... 5/7/02 

Post-1999 Rate of Progress Plan ........ Atlanta Metropolitan Area .... 12/24/03 .................... 7/19/04, 69 FR 

42884.

Severe Area Vehicle Miles Traveled 

(VMT SIP) for the Atlanta 1-hour severe ozone nonattainment area.

Atlanta 1-hour ozone severe 

nonattainment area.

6/30/04 ...................... 6/14/05, 70 FR 

34358.

Atlanta 1-hour ozone attainment area 

2015 maintenance plan.

Atlanta severe 1-hour ozone 

maintenance area.

2/1/05 ........................ 6/14/05, 70 FR 

34660.

Attainment Demonstration for the 

Chattanooga Early Action Area.

Walker and Catoosa Counties.12/31/04 .................... 8/26/05, 70 FR 

50199.

Attainment Demonstration for the 

Lower Savannah-Augusta Early Action Compact Area.

Columbia and Richmond 

Counties.

12/31/04 .................... 8/26/05, 70 FR 

50195.

Alternative Fuel Refueling Station/Park 

and Ride Transportation Center, 

Project DO–AR–211 is removed.

Douglas County, GA ............ 9/19/06 ...................... 11/28/06, 71 FR 

68743.

Macon 8-hour Ozone Maintenance 

Plan.

Macon, GA encompassing a 

portion of Monroe County.

6/15/07 ...................... 9/19/07, 72 FR 

53432.


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 32145 

EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS—Continued 

Name of nonregulatory SIP provision Applicable geographic or 

nonattainment area 

State submittal date/ 

effective date EPA approval date Explanation 

Murray County 8-hour Ozone Maintenance Plan.Murray County ..................... 6/15/07 ...................... 10/16/07, 72 FR 

58538.

Atlanta Early Progress Plan ................. Barrow, Bartow, Carroll, 

Cherokee, Clayton, Cobb, 

Coweta, DeKalb, Douglas, 

Fayette, Forsyth, Fulton, 

Gwinnett, Hall, Henry, 

Newton, Paulding, 

Rockdale, Spalding and 

Walton counties.

1/12/07 ...................... 2/20/08, 73 FR 9206 

Rome; 1997 Fine Particulate Matter 

2002 Base Year Emissions Inventory.

Floyd County ........................ 10/27/2009 ................ 1/12/12, 77 FR 1873 

Chattanooga; Fine Particulate Matter 

2002 Base Year Emissions Inventory.

Catoosa and Walker Counties.10/27/09 .................... 2/8/12; 77 FR 6467 ..

110(a)(1) and (2) Infrastructure Requirements for the 1997 8-Hour 

Ozone National Ambient Air Quality 

Standards.

Georgia ................................ 10/13/2007 ................ 2/6/2012, 77 FR 

5706.

Atlanta 1997 Fine Particulate Matter 

2002 Base Year Emissions Inventory.

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 and portions of 

Heard and Putnam Counties.

07/06/2010 ................ 3/1/2012, 77 FR 

12487.

Macon 1997 Fine Particulate Matter 

2002 Base Year Emissions Inventory.

Bibb County and Monroe 

County.

8/17/2009 .................. 3/02/12, 77 FR 

12724.

Atlanta 1997 8-Hour Ozone 2002 

Base-Year Emissions Inventory.

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.

10/21/2009 ................ 4/24/2012, 77 FR 

24399.

Regional Haze Plan ............................. Statewide ............................. 2/11/10 ...................... 6/28/12, 77 FR 

38501.

Regional Haze Plan Supplement (including BART and Reasonable 

Progress emissions limits).

Statewide ............................. 11/19/10 .................... 6/28/12, 77 FR 

38501.

110(a)(1) and (2) Infrastructure Requirements for 1997 Fine Particulate 

Matter National Ambient Air Quality 

Standards.

Georgia ................................ 7/23/2008 .................. 10/25/2012, 77 FR 

65125.

With the exception 

of 

110(a)(2)(D)(i). 

110(a)(1) and (2) Infrastructure Requirements for 2006 Fine Particulate 

Matter National Ambient Air Quality 

Standards.

Georgia ................................ 10/21/2009 ................ 10/25/2012, 77 FR 

65125.

With the exception 

of 

110(a)(2)(D)(i). 

Negative Declaration for Control of 

VOC Emissions from Reactor Processes and Distillation Operations in 

Synthetic Organic Chemical Manufacturing Industry (SOCMI) EPA– 

450/4–91–031, August 1993.

Atlanta 1997 8-Hour Ozone 

Nonattainment Area.

10/21/2009 ................ 09/28/2013.

Negative Declaration for Control of 

VOC Emissions from Equipment 

Leaks from Natural Gas/Gasoline 

Processing Plants EPA–450/3–83– 

007, December 1983.

Atlanta 1997 8-Hour Ozone 

Nonattainment Area.

10/21/2009 ................ 09/28/2013 


tkelley on DSK3SPTVN1PROD with RULES
32146 Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Rules and Regulations 

EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS—Continued 

Name of nonregulatory SIP provision Applicable geographic or 

nonattainment area 

State submittal date/ 

effective date EPA approval date Explanation 

Negative Declaration for Control of 

VOC Leaks from Synthetic Organic 

Chemical Polymer and Resin Manufacturing Equipment EPA–450/3–83– 

006, March 1984.

Atlanta 1997 8-Hour Ozone 

Nonattainment Area.

10/21/2009 ................ 09/28/2013 ................

Negative Declaration for Control of 

VOC Emissions from Air Oxidation 

Processes in Synthetic Organic 

Chemical Manufacturing Industry 

(SOCMI), EPA–450/3–84–015, December 1984.

Atlanta 1997 8-Hour Ozone 

Nonattainment Area.

10/21/2009 ................ 09/28/2013 ................

110(a)(1) and (2) Infrastructure Requirements for 1997 Fine Particulate 

Matter National Ambient Air Quality 

Standards.

Georgia ................................ 7/23/2008 .................. 4/12/2013 .................. Addressing element 110(a)(2) 

(D)(i)(II) prong 3 

only 

110(a)(1) and (2) Infrastructure Requirements for 2006 Fine Particulate 

Matter National Ambient Air Quality 

Standards.

110(a)(1) and (2) Infrastructure Requirements for 

1997 Fine Particulate Matter National Ambient Air 

Quality Standards.

10/21/2009 ................ 4/12/2013 .................. Addressing element 110(a)(2) 

(D)(i)(II) prong 3 

only 

1997 8-Hour Ozone Reasonable Further Progress Plan for Atlanta Area.Atlanta 1997 8-Hour Ozone 

Nonattainment Area.

10/21/2009 ................ 5/29/2013 ..................

[FR Doc. 2013–12467 Filed 5–28–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0780; FRL–9387–1] 

Triforine; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of triforine in or 

on blueberry and tomato. Summit Agro 

North America Holding Corporation 

requested these tolerances under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). 

DATES: This regulation is effective May 

29, 2013. Objections and requests for 

hearings must be received on or before 

July 29, 2013, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2011–0780, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), EPA West 

Bldg., Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460–0001. The 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Heather Garvie, Registration Division, 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–0034; email address: 

garvie.heather@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2011–0780 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before July 29, 2013. Addresses for mail 

and hand delivery of objections and 

hearing requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 


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