```

[Federal Register Volume 78, Number 103 (Wednesday, May 29, 2013)]
[Rules and Regulations]
[Pages 32135-32146]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12467]

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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.

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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

[[Page 32136]]

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.
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    \1\ For 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.
    \3\ The 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.
    \4\ Seven 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.

          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-

[[Page 32137]]

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 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, 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 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. 
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.
---------------------------------------------------------------------------

    \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.
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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 re-classified 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 post-1999 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.

[[Page 32138]]

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.
---------------------------------------------------------------------------

    \6\ RFP regulations are at 40 CFR 51.910.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \7\ The Atlanta Area attained the 1997 8-hour ozone NAAQS by 
June 15, 2011, based on 2008-2010 data.

                                       Table 2--2002 Point and Area Sources Annual Emissions for the Atlanta Area
                                                                     [tons per year]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Point                     Area                     On-road                  Non-road
                     County                      -------------------------------------------------------------------------------------------------------
                                                      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

[[Page 32139]]

 
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 on-road 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 area-specific 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 ROP\8\ 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.
---------------------------------------------------------------------------

    \8\ As 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.
---------------------------------------------------------------------------

    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

[[Page 32140]]

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]
----------------------------------------------------------------------------------------------------------------
                                                                               Non-road     On-road
                                                         Point       Area       mobile      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]
----------------------------------------------------------------------------------------------------------------
                                                                               Non-road     On-road
                                                         Point       Area       mobile      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 post-1990 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)).
---------------------------------------------------------------------------

    \9\ Number reflects the VOC emissions reductions stated in the 
October 21, 2009, submittal.
---------------------------------------------------------------------------

    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.

[[Page 32141]]

                Table 5--15 Percent VOC RFP Analysis for the 7-County Portion of the Atlanta Area
----------------------------------------------------------------------------------------------------------------
                                                                                                           VOC
              Step from Method 1                                        Matrix                            (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
----------------------------------------------------------------------------------------------------------------
                                                                                                           NOX
              Step from Method 1                                        Matrix                            (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
----------------------------------------------------------------------------------------------------------------
                                                                                  Non-road   On-road
                                                             Point       Area      mobile     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
----------------------------------------------------------------------------------------------------------------
                                                                                  Non-road   On-road
                                                             Point       Area      mobile     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
----------------------------------------------------------------------------------------------------------------
                                                                                  Non-road   On-road
                                                             Point       Area      mobile     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
----------------------------------------------------------------------------------------------------------------

[[Page 32142]]

    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]
----------------------------------------------------------------------------------------------------------------
                                                                                  Non-road   On-road
                                                             Point       Area      mobile     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).

[[Page 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,

[[Page 32144]]

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]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart L--Georgia

0
2. Section 52.570(e) is amended by revising the table to read as 
follows:

Sec.  52.  570 Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                      Applicable       State submittal
   Name of nonregulatory SIP         geographic or      date/effective    EPA approval         Explanation
           provision              nonattainment area         date             date
----------------------------------------------------------------------------------------------------------------
High Occupancy Vehicle (HOV)     Atlanta Metropolitan  11/15/93 and     3/18/99, 4/26/   .......................
 lane on I-85 from Chamblee-      Area.                 amended on 6/    99 and 11/5/09.
 Tucker Road to State Road 316.                         17/96 and 2/5/
 High Occupancy Toll (HOT) lane                         10.
 on I-85 from Chamblee-Tucker
 Road to State Road 316.
Clean Fuel Vehicles Revolving    Atlanta Metropolitan  6/17/96........  4/26/99          .......................
 Loan Program.                    Area.
Regional Commute Options         Atlanta Metropolitan  6/17/96........  4/26/99          .......................
 Program and HOV Marketing        Area.
 Program.
HOV lanes on I-75 and I-85.....  Atlanta Metropolitan  6/17/96........  4/26/99          .......................
                                  Area.
Two Park and Ride Lots:          Atlanta Metropolitan  6/17/96........  4/26/99          .......................
 Rockdale County-Sigman at I-20   Area.
 and Douglas County-Chapel Hill
 at I-20.
MARTA Express Bus routes (15     Atlanta Metropolitan  6/17/96........  4/26/99          .......................
 buses).                          Area.
Signal preemption for MARTA      Atlanta Metropolitan  6/17/96........  4/26/99          .......................
 routes 15 and 23.
Improve and expand service on    Atlanta Metropolitan  6/17/96........  4/26/99          .......................
 MARTA's existing routes in       Area.
 southeast DeKalb County.
Acquisition of clean fuel buses  Atlanta Metropolitan  6/17/96........  4/26/99          .......................
 for MARTA and Cobb County        Area.
 Transit.
ATMS/Incident Management         Atlanta Metropolitan  6/17/96........  4/26/99          .......................
 Program on I-75/I-85 inside I-   Area.
 285 and northern ARC of I-285
 between I-75 and I-85.
Upgrading, coordination and      Atlanta Metropolitan  6/17/96........  4/26/99          .......................
 computerizing intersections.     Area.
[Reserved]:
    Atlantic Steel               Atlanta Metropolitan  3/29/00........  8/28/00          .......................
     Transportation Control       Area.
     Measure.
    Procedures for Testing and   Atlanta Metropolitan  7/31/00........  7/10/01          .......................
     Monitoring Sources of Air    Area.
     Pollutants.
    Enhanced Inspection/         Atlanta Metropolitan  9/20/00........  7/10/01          .......................
     Maintenance Test             Area.
     Equipment, Procedures and
     Specifications.
    Preemption Waiver Request    Atlanta Metropolitan  5/31/00........  2/22/02          .......................
     for Low-RVP, Low-Sulfur      Area.
     Gasoline Under Air Quality
     Control Rule 391-3-1-
     .02(2)(bbb).
    Technical Amendment to the   Atlanta Metropolitan  11/9/01........  2/22/02          .......................
     Georgia Fuel Waiver          Area.
     Request of May 31, 2000.
    Georgia's State              Atlanta Metropolitan  7/17/01........  5/7/02           .......................
     Implementation Plan for      Area.
     the Atlanta Ozone
     Nonattainment Area.
    Post-1999 Rate of Progress   Atlanta Metropolitan  12/24/03.......  7/19/04, 69 FR   .......................
     Plan.                        Area.                                  42884.
    Severe Area Vehicle Miles    Atlanta 1-hour ozone  6/30/04........  6/14/05, 70 FR   .......................
     Traveled (VMT SIP) for the   severe                                 34358.
     Atlanta 1-hour severe        nonattainment area.
     ozone nonattainment area.
    Atlanta 1-hour ozone         Atlanta severe 1-     2/1/05.........  6/14/05, 70 FR   .......................
     attainment area 2015         hour ozone                             34660.
     maintenance plan.            maintenance area.
    Attainment Demonstration     Walker and Catoosa    12/31/04.......  8/26/05, 70 FR   .......................
     for the Chattanooga Early    Counties.                              50199.
     Action Area.
    Attainment Demonstration     Columbia and          12/31/04.......  8/26/05, 70 FR   .......................
     for the Lower Savannah-      Richmond Counties.                     50195.
     Augusta Early Action
     Compact Area.
    Alternative Fuel Refueling   Douglas County, GA..  9/19/06........  11/28/06, 71 FR  .......................
     Station/Park and Ride                                               68743.
     Transportation Center,
     Project DO-AR-211 is
     removed.
    Macon 8-hour Ozone           Macon, GA             6/15/07........  9/19/07, 72 FR   .......................
     Maintenance Plan.            encompassing a                         53432.
                                  portion of Monroe
                                  County.

[[Page 32145]]

 
    Murray County 8-hour Ozone   Murray County.......  6/15/07........  10/16/07, 72 FR  .......................
     Maintenance Plan.                                                   58538.
    Atlanta Early Progress Plan  Barrow, Bartow,       1/12/07........  2/20/08, 73 FR   .......................
                                  Carroll, Cherokee,                     9206.
                                  Clayton, Cobb,
                                  Coweta, DeKalb,
                                  Douglas, Fayette,
                                  Forsyth, Fulton,
                                  Gwinnett, Hall,
                                  Henry, Newton,
                                  Paulding, Rockdale,
                                  Spalding and Walton
                                  counties.
    Rome; 1997 Fine Particulate  Floyd County........  10/27/2009.....  1/12/12, 77 FR   .......................
     Matter 2002 Base Year                                               1873.
     Emissions Inventory.
    Chattanooga; Fine            Catoosa and Walker    10/27/09.......  2/8/12; 77 FR    .......................
     Particulate Matter 2002      Counties.                              6467.
     Base Year Emissions
     Inventory.
    110(a)(1) and (2)            Georgia.............  10/13/2007.....  2/6/2012, 77 FR  .......................
     Infrastructure                                                      5706.
     Requirements for the 1997
     8-Hour Ozone National
     Ambient Air Quality
     Standards.
    Atlanta 1997 Fine            Barrow, Bartow,       07/06/2010.....  3/1/2012, 77 FR  .......................
     Particulate Matter 2002      Carroll, Cherokee,                     12487.
     Base Year Emissions          Clayton, Cobb,
     Inventory.                   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.
    Macon 1997 Fine Particulate  Bibb County and       8/17/2009......  3/02/12, 77 FR   .......................
     Matter 2002 Base Year        Monroe County.                         12724.
     Emissions Inventory.
    Atlanta 1997 8-Hour Ozone    Barrow, Bartow,       10/21/2009.....  4/24/2012, 77    .......................
     2002 Base-Year Emissions     Carroll, Cherokee,                     FR 24399.
     Inventory.                   Clayton, Cobb,
                                  Coweta, DeKalb,
                                  Douglas, Fayette,
                                  Forsyth, Fulton,
                                  Gwinnett, Hall,
                                  Henry, Newton,
                                  Paulding, Rockdale,
                                  Spalding and Walton
                                  Counties in their
                                  entireties.
    Regional Haze Plan.........  Statewide...........  2/11/10........  6/28/12, 77 FR   .......................
                                                                         38501.
    Regional Haze Plan           Statewide...........  11/19/10.......  6/28/12, 77 FR   .......................
     Supplement (including BART                                          38501.
     and Reasonable Progress
     emissions limits).
    110(a)(1) and (2)            Georgia.............  7/23/2008......  10/25/2012, 77   With the exception of
     Infrastructure                                                      FR 65125.        110(a)(2)(D)(i).
     Requirements for 1997 Fine
     Particulate Matter
     National Ambient Air
     Quality Standards.
    110(a)(1) and (2)            Georgia.............  10/21/2009.....  10/25/2012, 77   With the exception of
     Infrastructure                                                      FR 65125.        110(a)(2)(D)(i).
     Requirements for 2006 Fine
     Particulate Matter
     National Ambient Air
     Quality Standards.
    Negative Declaration for     Atlanta 1997 8-Hour   10/21/2009.....  09/28/2013.....
     Control of VOC Emissions     Ozone Nonattainment
     from Reactor Processes and   Area.
     Distillation Operations in
     Synthetic Organic Chemical
     Manufacturing Industry
     (SOCMI) EPA-450/4-91-031,
     August 1993.
    Negative Declaration for     Atlanta 1997 8-Hour   10/21/2009.....  09/28/2013       .......................
     Control of VOC Emissions     Ozone Nonattainment
     from Equipment Leaks from    Area.
     Natural Gas/Gasoline
     Processing Plants EPA-450/
     3-83-007, December 1983.

[[Page 32146]]

 
    Negative Declaration for     Atlanta 1997 8-Hour   10/21/2009.....  09/28/2013.....  .......................
     Control of VOC Leaks from    Ozone Nonattainment
     Synthetic Organic Chemical   Area.
     Polymer and Resin
     Manufacturing Equipment
     EPA-450/3-83-006, March
     1984.
    Negative Declaration for     Atlanta 1997 8-Hour   10/21/2009.....  09/28/2013.....  .......................
     Control of VOC Emissions     Ozone Nonattainment
     from Air Oxidation           Area.
     Processes in Synthetic
     Organic Chemical
     Manufacturing Industry
     (SOCMI), EPA-450/3-84-015,
     December 1984.
    110(a)(1) and (2)            Georgia.............  7/23/2008......  4/12/2013......  Addressing element
     Infrastructure                                                                       110(a)(2) (D)(i)(II)
     Requirements for 1997 Fine                                                           prong 3 only
     Particulate Matter
     National Ambient Air
     Quality Standards.
    110(a)(1) and (2)            110(a)(1) and (2)     10/21/2009.....  4/12/2013......  Addressing element
     Infrastructure               Infrastructure                                          110(a)(2) (D)(i)(II)
     Requirements for 2006 Fine   Requirements for                                        prong 3 only
     Particulate Matter           1997 Fine
     National Ambient Air         Particulate Matter
     Quality Standards.           National Ambient
                                  Air Quality
                                  Standards.
    1997 8-Hour Ozone            Atlanta 1997 8-Hour   10/21/2009.....  5/29/2013......  .......................
     Reasonable Further           Ozone Nonattainment
     Progress Plan for Atlanta    Area.
     Area.
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[FR Doc. 2013-12467 Filed 5-28-13; 8:45 am]
BILLING CODE 6560-50-P
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