Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 7705 

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 today’s 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, Intergovernmental 

relations, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: January 23, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2013–02377 Filed 2–1–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2012–0986; FRL–9775–5] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Georgia; Redesignation of 

the Atlanta; 1997 8-Hour Ozone 

Moderate Nonattainment Area to 

Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On April 4, 2012, the State of 

Georgia, through the Georgia 

Environmental Protection Division (GA 

EPD), submitted a request for EPA to 

redesignate the Atlanta, Georgia 8-hour 

ozone nonattainment area (hereafter 

referred to as the ‘‘Atlanta Area’’ or 

‘‘Area’’) to attainment for the 1997 8- 

hour National Ambient Air Quality 

Standards (NAAQS); and to approve a 

State Implementation Plan (SIP) 

revision containing a maintenance plan 

for the Area. The Atlanta Area consists 

of Barrow, Bartow, Carroll, Cherokee, 

Clayton, Cobb, Coweta, DeKalb, 

Douglas, Fayette, Forsyth, Fulton, 

Gwinnett, Hall, Henry, Newton, 

Paulding, Rockdale, Spalding and 

Walton Counties in their entireties. EPA 

is proposing to approve the 

redesignation request for the Area, along 

with the related SIP revision, including 

Georgia’s plan for maintaining 

attainment of the 1997 8-hour ozone 

standard in the Area. EPA is also 

proposing to approve the motor vehicle 

emission budgets (MVEBs) for nitrogen 

oxides (NOX) and volatile organic 

compounds (VOC) for the year 2024 for 

the Area. These actions are being 

proposed pursuant to the Clean Air Act 

(CAA or Act) and its implementing 

regulations. 

DATES: Comments must be received on 

or before March 6, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2012–0986, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

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

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2012–0986, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2012- 

0986. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at the Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jane 

Spann or Sara Waterson of the 

Regulatory Development Section, in the 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Ms. 

Spann may be reached by phone at (404) 

562–9029, or via electronic mail at 

spann.jane@epa.gov. Ms. Waterson may 

be reached by phone at (404) 562–9061, 


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7706 Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 

1On July 20, 2012, EPA designated the Atlanta 

area as a marginal nonattainment area for the 2008 

8-hour ozone NAAQS. The current proposed action, 

however, is being taken with regard to the 1997 8- 

hour ozone NAAQS and not for the 2008 8-hour 

ozone NAAQS. 

2On 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, the Atlanta Area’s attainment 

date was extended from June 15, 2010, to June 15, 

2011, for the 1997 8-hour ozone NAAQS. 

or via electronic mail at 

waterson.sara@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What are the actions EPA is proposing to 

take? 

II. What is the background for EPA’s 

proposed actions? 

III. What are the criteria for redesignation? 

IV. Why is EPA proposing these actions? 

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

VI. What is EPA’s analysis of Georgia’s 

proposed NOX and VOC MVEBs for the 

Atlanta area? 

VII. What is the status of EPA’s adequacy 

determination for the proposed NOX and 

VOC MVEBs for 2024 for the Atlanta 

area? 

VIII. Proposed action on the redesignation 

request and maintenance plan SIP 

revision including proposed approval of 

the 2024 NOX and VOC MVEBs for the 

Atlanta area. 

IX. What is the effect of EPA’s proposed 

actions? 

X. Statutory and Executive Order Reviews 

I. What are the actions EPA is 

proposing to take? 

EPA is proposing to take the following 

two separate but related actions, one of 

which involves multiple elements: (1) to 

redesignate the Atlanta Area to 

attainment for the 1997 8-hour ozone 

NAAQS and (2) to approve into the 

Georgia SIP, under section 175A of the 

CAA, Georgia’s plan for maintaining the 

1997 8-hour ozone NAAQS (1997 ozone 

NAAQS maintenance plan), including 

the associated MVEBs. EPA is also 

notifying the public of the status of 

EPA’s adequacy determination for the 

Atlanta Area MVEBs. These actions are 

summarized below and described in 

greater detail throughout this notice of 

proposed rulemaking. 

First, EPA proposes to determine that 

the Atlanta Area has met the 

requirements for redesignation under 

section 107(d)(3)(E) of the CAA. In this 

action, EPA is proposing to approve a 

request to change the legal designation 

of the Atlanta Area from nonattainment 

to attainment for the 1997 8-hour ozone 

NAAQS. 

Second, EPA is proposing to approve 

Georgia’s 1997 ozone NAAQS 

maintenance plan for the Atlanta Area 

as meeting the requirements of section 

175A (such approval being one of the 

CAA criteria for redesignation to 

attainment status). The maintenance 

plan is designed to help keep the 

Atlanta Area in attainment of the 1997 

8-hour ozone NAAQS through 2024. 

Consistent with the CAA, the 

maintenance plan that EPA is proposing 

to approve today also includes NOX and 

VOC MVEBs for the year 2024 for the 

Atlanta Area. EPA is proposing to 

approve (into the Georgia SIP) the 2024 

MVEBs that are included as part of 

Georgia’s 1997 ozone NAAQS 

maintenance plan. 

EPA is also notifying the public of the 

status of EPA’s adequacy process for the 

newly-established NOX and VOC 

MVEBs for 2024 for the Atlanta Area. 

The public comment period for 

Adequacy for the Atlanta Area 2024 

MVEBs began on February 29, 2012, 

with EPA’s posting of the availability of 

this submittal on EPA’s Adequacy Web 

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

stateresources/transconf/ 

currsips.htm#atlanta2). The Adequacy 

comment period for these MVEBs closed 

on March 30, 2012. No comments, 

adverse or otherwise, were received 

during EPA’s adequacy process for the 

MVEBs associated with Georgia’s 1997 

8-hour ozone maintenance plan. Please 

see section VII of this proposed 

rulemaking for further explanation of 

this process and for more details on the 

MVEBs. 

Today’s notice of proposed 

rulemaking is in response to Georgia’s 

April 4, 2012, SIP revision. That 

document addresses the specific issues 

summarized above and the necessary 

elements described in section 

107(d)(3)(E) of the CAA for 

redesignation of the Atlanta Area to 

attainment of the 1997 8-hour ozone 

NAAQS. 

II. What is the background for EPA’s 

proposed actions? 

On July 18, 1997, EPA promulgated a 

revised 8-hour ozone NAAQS of 0.08 

parts per million (ppm). Under EPA’s 

regulations at 40 CFR part 50, the 1997 

8-hour ozone NAAQS is attained when 

the 3-year average of the annual fourth 

highest daily maximum 8-hour average 

ambient air quality ozone 

concentrations is less than or equal to 

0.08 ppm (i.e., 0.084 ppm when 

rounding is considered). See 69 FR 

23857 (April 30, 2004).1 Ambient air 

quality monitoring data for the 3-year 

period must meet a data completeness 

requirement. The ambient air quality 

monitoring data completeness 

requirement is met when the average 

percent of days with valid ambient 

monitoring data is greater than 90 

percent, and no single year has less than 

75 percent data completeness as 

determined in Appendix I of part 50. 

Upon promulgation of a new or 

revised NAAQS, the CAA requires EPA 

to designate as nonattainment any area 

that is violating the NAAQS, based on 

the three most recent years of ambient 

air quality data at the conclusion of the 

designation process. The Atlanta Area 

was designated nonattainment for the 

1997 8-hour ozone NAAQS on April 30, 

2004 (effective June 15, 2004) using 

2001–2003 ambient air quality data (69 

FR 23857, April 30, 2004). At the time 

of designation the Atlanta Area was 

classified as a marginal nonattainment 

area for the 1997 8-hour ozone NAAQS. 

In the April 30, 2004, Phase I Ozone 

Implementation Rule, EPA established 

ozone nonattainment area attainment 

dates based on Table 1 of section 181(a) 

of the CAA. This established an 

attainment date 3 years after the June 

15, 2004, effective date for areas 

classified as marginal areas for the 1997 

8-hour ozone nonattainment 

designations. Therefore, the Atlanta 

Area’s original attainment date was June 

15, 2007. See 69 FR 23951, April 30, 

2004. 

The Atlanta Area failed to attain the 

1997 8-hour ozone NAAQS by June 15, 

2007 (the applicable attainment date for 

marginal nonattainment areas), and did 

not qualify for any extension of the 

attainment date as a marginal area. As 

a consequence, on March 6, 2008, EPA 

published a rulemaking determining 

that the Atlanta Area failed to attain 

and, consistent with Section 181(b)(2) of 

the CAA, the Atlanta Area was 

reclassified by operation of law to the 

next highest classification, or 

‘‘moderate’’ nonattainment. See 73 FR 

12013. When an area is reclassified, a 

new attainment date for the reclassified 

area must be established. Section 181 of 

the CAA explains that the attainment 

date for moderate nonattainment areas 

shall be as expeditiously as practicable, 

but no later than six years after 

designation, or June 15, 2010.2 EPA 

further required that Georgia submit the 

SIP revisions meeting the new moderate 

area requirements as expeditiously as 

practicable, but no later than December 

31, 2008. 

On October 21, 2009, Georgia 

submitted an attainment demonstration 

and associated reasonably available 

control measures (RACM), a reasonable 

further progress (RFP) plan, contingency 

measures, a 2002 base year emissions 

inventory and other planning SIP 


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revisions related to attainment of the 

1997 8-hour ozone NAAQS in the 

Atlanta Area. Subsequently, on June 23, 

2011 (76 FR 36873), EPA determined 

that the Atlanta Area attained the 1997 

8-hour ozone NAAQS. The 

determination of attaining data was 

based upon complete, quality-assured 

and certified ambient air monitoring 

data for the 2008–2010 period, showing 

that the Area had monitored attainment 

of the 1997 8-hour ozone NAAQS. The 

requirements for the Area to submit an 

attainment demonstration and 

associated RACM, RFP plan, 

contingency measures, and other 

planning SIP revisions related to 

attainment of the standard were 

suspended as a result of the 

determination of attainment, so long as 

the Area continues to attain the 1997 8- 

hour ozone NAAQS. See 40 CFR 

52.582(d). Within the April 4, 2012, 

maintenance plan and redesignation 

request cover letter, Georgia withdrew 

the Atlanta Area’s attainment 

demonstration (except the emissions 

inventory) as allowed by 40 CFR 

51.1004(c); however, such withdrawal 

does not suspend the emissions 

inventory requirement found in CAA 

section 172(c)(3) and section 182(a)(1). 

EPA took direct final action to approve 

the baseline emissions inventory 

portion of the attainment demonstration 

SIP revision on April 24, 2012 (77 FR 

24399). The emissions statements 

requirement was approved on 

November 27, 2009 (74 FR 62249). 

III. What are the criteria for 

redesignation? 

The CAA provides the requirements 

for redesignating a nonattainment area 

to attainment. Specifically, section 

107(d)(3)(E) of the CAA allows for 

redesignation providing that: (1) the 

Administrator determines that the area 

has attained the applicable NAAQS; (2) 

the Administrator has fully approved 

the applicable implementation plan for 

the area under section 110(k); (3) the 

Administrator determines that the 

improvement in air quality is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the applicable SIP 

and applicable federal air pollutant 

control regulations and other permanent 

and enforceable reductions; (4) the 

Administrator has fully approved a 

maintenance plan for the area as 

meeting the requirements of section 

175A; and (5) the state containing such 

area has met all requirements applicable 

to the area for purposes of redesignation 

under section 110 and part D of the 

CAA. 

On April 16, 1992, EPA provided 

guidance on redesignation in the 

General Preamble for the 

Implementation of title I of the CAA 

Amendments of 1990 (57 FR 13498), 

and supplemented this guidance on 

April 28, 1992 (57 FR 18070). EPA has 

provided further guidance on processing 

redesignation requests in the following 

documents: 

1. ‘‘Ozone and Carbon Monoxide 

Design Value Calculations,’’ 

Memorandum from Bill Laxton, 

Director, Technical Support Division, 

June 18, 1990; 

2. ‘‘Maintenance Plans for 

Redesignation of Ozone and Carbon 

Monoxide Nonattainment Areas,’’ 

Memorandum from G. T. Helms, Chief, 

Ozone/Carbon Monoxide Programs 

Branch, April 30, 1992; 

3. ‘‘Contingency Measures for Ozone 

and Carbon Monoxide (CO) 

Redesignations,’’ Memorandum from G. 

T. Helms, Chief, Ozone/Carbon 

Monoxide Programs Branch, June 1, 

1992; 

4. ‘‘Procedures for Processing 

Requests to Redesignate Areas to 

Attainment,’’ Memorandum from John 

Calcagni, Director, Air Quality 

Management Division, September 4, 

1992 (hereafter referred to as the 

‘‘Calcagni Memorandum’’); 

5. ‘‘State Implementation Plan (SIP) 

Actions Submitted in Response to Clean 

Air Act (CAA) Deadlines,’’ 

Memorandum from John Calcagni, 

Director, Air Quality Management 

Division, October 28, 1992; 

6. ‘‘Technical Support Documents 

(TSDs) for Redesignation of Ozone and 

Carbon Monoxide (CO) Nonattainment 

Areas,’’ Memorandum from G. T. Helms, 

Chief, Ozone/Carbon Monoxide 

Programs Branch, August 17, 1993; 

7. ‘‘State Implementation Plan (SIP) 

Requirements for Areas Submitting 

Requests for Redesignation to 

Attainment of the Ozone and Carbon 

Monoxide (CO) National Ambient Air 

Quality Standards (NAAQS) On or After 

November 15, 1992,’’ Memorandum 

from Michael H. Shapiro, Acting 

Assistant Administrator for Air and 

Radiation, September 17, 1993; 

8. ‘‘Use of Actual Emissions in 

Maintenance Demonstrations for Ozone 

and CO Nonattainment Areas,’’ 

Memorandum from D. Kent Berry, 

Acting Director, Air Quality 

Management Division, November 30, 

1993; 

9. ‘‘Part D New Source Review (Part 

D NSR) Requirements for Areas 

Requesting Redesignation to 

Attainment,’’ Memorandum from Mary 

D. Nichols, Assistant Administrator for 

Air and Radiation, October 14, 1994; 

and 

10. ‘‘Reasonable Further Progress, 

Attainment Demonstration, and Related 

Requirements for Ozone Nonattainment 

Areas Meeting the Ozone National 

Ambient Air Quality Standard,’’ 

Memorandum from John S. Seitz, 

Director, Office of Air Quality Planning 

and Standards, May 10, 1995. 

11. ‘‘Next Steps for Pending 

Redesignation Requests and State 

Implementation Plan Actions Affected 

by the Recent Court Decision Vacating 

the 2011 Cross-State Air Pollution 

Rule,’’ Memorandum from Gina 

McCarthy, Assistant Administrator, 

November 19, 2012. 

IV. Why is EPA proposing these 

actions? 

On April 4, 2012, the State of Georgia, 

through GA EPD, requested the 

redesignation of the Atlanta Area to 

attainment for the 1997 8-hour ozone 

NAAQS. EPA’s evaluation indicates that 

the Atlanta Area has attained the 1997 

8-hour ozone NAAQS, and that the 

Atlanta Area meets the requirements for 

redesignation set forth in section 

107(d)(3)(E), including the maintenance 

plan requirements under section 175A 

of the CAA. As a result, EPA is 

proposing to take the two related actions 

summarized in section I of this notice. 

V. What is EPA’s analysis of the 

request? 

As stated above, in accordance with 

the CAA, EPA proposes in today’s 

action to: (1) redesignate the Atlanta 

Area to attainment for the 1997 8-hour 

ozone NAAQS; and (2) approve the 

Atlanta Area’s 1997 8-hour ozone 

NAAQS maintenance plan, including 

the associated MVEBs, into the Georgia 

SIP. These actions are based upon EPA’s 

preliminary determinations that the 

Atlanta Area continues to attain the 

1997 8-hour ozone NAAQS, and EPA’s 

preliminary determination that Georgia 

has met all other redesignation criteria 

for the Atlanta Area. The five 

redesignation criteria provided under 

CAA section 107(d)(3)(E) are discussed 

in greater detail for the Atlanta Area in 

the following paragraphs of this section. 

Criteria (1)—The Atlanta Area has 

Attained the 1997 8-Hour Ozone 

NAAQS 

For ozone, an area may be considered 

to be attaining the 1997 8-hour ozone 

NAAQS if it meets the 1997 8-hour 

ozone NAAQS, as determined in 

accordance with 40 CFR 50.10 and 

Appendix I of part 50, based on three 

complete, consecutive calendar years of 

quality-assured air quality monitoring 


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data. To attain these NAAQS, the 3-year 

average of the fourth-highest daily 

maximum 8-hour average ozone 

concentrations measured at each 

monitor within an area over each year 

must not exceed 0.08 ppm. Based on the 

data handling and reporting convention 

described in 40 CFR part 50, Appendix 

I, the NAAQS are attained if the design 

value is 0.084 ppm or below. The data 

must be collected and quality-assured in 

accordance with 40 CFR part 58, and 

recorded in the EPA Air Quality System 

(AQS). The monitors generally should 

have remained at the same location for 

the duration of the monitoring period 

required for demonstrating attainment. 

On June 23, 2011, at 76 FR 36873, 

EPA determined that the Atlanta Area 

was attaining the 1997 8-hour ozone 

NAAQS. For that action EPA reviewed 

ozone monitoring data from monitoring 

stations in the Atlanta Area for the 1997 

8-hour ozone NAAQS for 2008–2010. 

These data have been quality-assured 

and are recorded in AQS. EPA has 

reviewed the 2009–2011 data, which 

indicate that the Area continues to 

attain the 1997 8-hour ozone NAAQS 

beyond the submitted 3-year attainment 

period of 2008–2010. The fourth-highest 

8-hour ozone average for 2008, 2009, 

2010, 2011, and the 3-year averages of 

these values (i.e., design values), are 

summarized in the following Table 1 of 

this proposed rulemaking. 

TABLE 1—DESIGN VALUE CONCENTRATIONS FOR THE ATLANTA 1997 8-HOUR OZONE AREA

Location County Monitor ID 

Annual arithmetic mean concentrations 

(ppm) 

3-Year design values 

(ppm) 

2008 2009 2010 2008–2010 2009–2011 

GA National Guard McCollum 

Pkwy.

Cobb ..................... 13–067–0003 0.075 0.076 0.079 0.076 0.078 

University of West Georgia at 

Newnan.

Coweta .................. 13–077–0002 0.075 0.065 0.065 0.068 0.067 

2390-B Wildcat Road Decatur .. Dekalb ................... 13–089–0002 0.087 0.077 0.075 0.079 0.077 

Douglasville W. Strickland St. .. Douglas ................. 13–097–0004 0.080 0.072 0.074 0.075 0.074 

Gwinnett Tech 1250 Atkinson 

Rd.

Gwinnett ................ 13–135–0002 0.079 0.073 0.072 0.074 0.075 

Henry County Extension Office Henry .................... 13–151–0002 0.086 0.074 0.078 0.079 0.078 

Yorkville .................................... Paulding ................ 13–223–0003 0.072 0.067 0.071 0.070 0.071 

Conyers Monastery .................. Rockdale ............... 13–247–0001 0.089 0.070 0.076 0.078 0.075 

Confederate Ave ....................... Fulton .................... 13–121–0055 0.084 0.077 0.080 0.080 0.080 

Fayetteville-GDOT .................... Fayette .................. 13–113–0001 0.086 * * * * 

* The Fayetteville-GDOT monitor was temporarily discontinued on October 31, 2008. 

The 3-year design value for 2008– 

2010 submitted by Georgia for 

redesignation of the Atlanta Area is 

0.080 ppm, which meets the NAAQS as 

described above. As mentioned above, 

on June 23, 2011 (76 FR 36873), EPA 

published a clean data determination for 

the Atlanta Area for the 1997 8-hour 

ozone NAAQS. The 2009–2011 certified 

data show that the Atlanta Area 

continues to attain the 1997 8-hour 

ozone NAAQS with a design value of 

0.080 ppm at the Confederate Ave 

monitor. In today’s action, EPA is 

proposing to determine that the Area is 

attaining the 1997 8-hour ozone 

NAAQS. EPA will not go forward with 

the redesignation if the Area does not 

continue to attain the 1997 8-hour ozone 

NAAQS until the time that EPA 

finalizes the redesignation. As discussed 

in more detail below, the State of 

Georgia has committed to continue 

monitoring in this Area in accordance 

with 40 CFR part 58. 

Criteria (2)—Georgia has a Fully 

Approved SIP Under Section 110(k) for 

the Atlanta Area; and Criteria (5)— 

Georgia Has Met All Applicable 

Requirements Under Section 110 and 

Part D of Title I of the CAA 

For redesignating a nonattainment 

area to attainment, the CAA requires 

EPA to determine that the state has met 

all applicable requirements under 

section 110 and part D of title I of the 

CAA (CAA section 107(d)(3)(E)(v)) and 

that the state has a fully approved SIP 

under section 110(k) for the area (CAA 

section 107(d)(3)(E)(ii)). EPA proposes 

to find that Georgia has met all 

applicable SIP requirements for the 

Atlanta Area under section 110 of the 

CAA (general SIP requirements) for 

purposes of redesignation. Additionally, 

EPA proposes to find that the Georgia 

SIP satisfies the criterion that it meets 

applicable SIP requirements for 

purposes of redesignation under part D 

of title I of the CAA (requirements 

specific to 1997 8-hour ozone 

nonattainment areas) in accordance 

with section 107(d)(3)(E)(v). Further, 

EPA proposes to determine that the SIP 

is fully approved with respect to all 

requirements applicable for purposes of 

redesignation in accordance with 

section 107(d)(3)(E)(ii). In making these 

proposed determinations, EPA 

ascertained which requirements are 

applicable to the Area and, if applicable, 

that they are fully approved under 

section 110(k). SIPs must be fully 

approved only with respect to 

requirements that were applicable prior 

to submittal of the complete 

redesignation request. 

a. The Atlanta Area Has Met All 

Applicable Requirements Under Section 

110 and Part D of the CAA 

General SIP requirements. Section 

110(a)(2) of title I of the CAA delineates 

the general requirements for a SIP, 

which include enforceable emissions 

limitations and other control measures, 

means, or techniques; provisions for the 

establishment and operation of 

appropriate devices necessary to collect 

data on ambient air quality; and 

programs to enforce the limitations. 

General SIP elements and requirements 

are delineated in section 110(a)(2) of 

title I, part A of the CAA. These 

requirements include, but are not 

limited to, the following: submittal of a 

SIP that has been adopted by the state 

after reasonable public notice and 

hearing; provisions for establishment 

and operation of appropriate procedures 

needed to monitor ambient air quality; 

implementation of a source permit 

program; provisions for the 

implementation of part C requirements 

(Prevention of Significant Deterioration 

(PSD)) and provisions for the 

implementation of part D requirements 

(New Source Review (NSR) permit 

programs); provisions for air pollution 

modeling; and provisions for public and 

local agency participation in planning 

and emission control rule development. 


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3On October 27, 1998 (63 FR 57356), EPA issued 

a NOX SIP Call requiring the District of Columbia 

and 22 states to reduce emissions of NOX in order 

to reduce the transport of ozone and ozone 

precursors. While Georgia was not issued a NOX SIP 

Call, the State has identified benefits from 

surrounding states. In compliance with EPA’s NOX

SIP Call, 22 eastern states developed rules 

governing the control of NOX emissions from 

electric generating units (EGU), major non-EGU 

industrial boilers, major cement kilns, and internal 

combustion engines. 

4On May 12, 2005, EPA published the Clean Air 

Interstate Rule (CAIR), which requires significant 

reductions in emissions of SO2 and NOX from 

electric generating units to limit the interstate 

transport of these pollutants and the ozone and fine 

particulate matter they form in the atmosphere. See 

76 FR 70093. The D.C. Circuit initially vacated 

CAIR, North Carolina v. EPA, 531 F.3d 896 (D.C. 

Cir. 2008), but ultimately remanded the rule to EPA 

without vacatur to preserve the environmental 

benefits provided by CAIR, North Carolina v. EPA, 

550 F.3d 1176, 1178 (D.C. Cir. 2008). In response 

to the court’s decision, EPA issued Cross-State Air 

Pollution Rule (CSAPR), to address interstate 

transport of NOX and SO2 in the eastern United 

States. See 76 FR 48208 (August 8, 2011). On 

August 21, 2012, the D.C. Circuit issued a decision 

to vacate CSAPR. In that decision, it also ordered 

EPA to continue administering CAIR ‘‘pending the 

promulgation of a valid replacement.’’ EME Homer 

City Generation, L.P. v. EPA, 696 F.3d. 7, 38 (D.C. 

Cir., 2012). The D.C. Circuit has not yet issued the 

final mandate in EME Homer City as EPA (as well 

as other intervenors) petitioned for rehearing en 

banc, asking the full court to review the decision. 

While rehearing proceedings are pending, EPA 

intends to act in accordance with the panel opinion 

in the EME Homer City opinion. 

5Effective July 20, 2012, EPA designated 15 

counties in the Atlanta Area as nonattainment for 

the 2008 8-hour ozone NAAQS. This rulemaking 

does not address requirements for the portion of 

Atlanta that was designated nonattainment for the 

2008 8-hour ozone NAAQS. Requirements for the 

portion of Atlanta that was designated 

nonattainment for the 2008 8-hour ozone NAAQS 

will be addressed in the future. 

Section 110(a)(2)(D) requires that SIPs 

contain certain measures to prevent 

sources in a state from significantly 

contributing to air quality problems in 

another state. To implement this 

provision, EPA has required certain 

states to establish programs to address 

the interstate transport of air pollutants 

(e.g., NOX SIP Call 3 and the Clean Air 

Interstate Rule (CAIR) 4). The section 

110(a)(2)(D) requirements for a state are 

not linked with a particular 

nonattainment area’s designation and 

classification in that state. EPA believes 

that the requirements linked with a 

particular nonattainment area’s 

designation and classifications are the 

relevant measures to evaluate in 

reviewing a redesignation request. The 

transport SIP submittal requirements, 

where applicable, continue to apply to 

a state regardless of the designation of 

any one particular area in the state. 

Thus, EPA does not believe that the 

CAA’s interstate transport requirements 

should be construed to be applicable 

requirements for purposes of 

redesignation. However, as discussed 

later in this notice, addressing pollutant 

transport from other states is an 

important part of an area’s maintenance 

demonstration. 

In addition, EPA believes other 

section 110 elements that are neither 

connected with nonattainment plan 

submissions nor linked with an area’s 

attainment status are applicable 

requirements for purposes of 

redesignation. The area will still be 

subject to these requirements after the 

area is redesignated. The section 110 

and part D requirements which are 

linked with a particular area’s 

designation and classification are the 

relevant measures to evaluate in 

reviewing a redesignation request. This 

approach is consistent with EPA’s 

existing policy on applicability (i.e., for 

redesignations) of conformity and 

oxygenated fuels requirements, as well 

as with section 184 ozone transport 

requirements. See Reading, 

Pennsylvania, proposed and final 

rulemakings (61 FR 53174–53176, 

October 10, 1996), (62 FR 24826, May 7, 

1997); Cleveland-Akron-Loraine, Ohio, 

final rulemaking (61 FR 20458, May 7, 

1996); and Tampa, Florida, final 

rulemaking at (60 FR 62748, December 

7, 1995). See also the discussion on this 

issue in the Cincinnati, Ohio, 

redesignation (65 FR 37890, June 19, 

2000), and in the Pittsburgh, 

Pennsylvania, redesignation (66 FR 

50399, October 19, 2001). 

EPA completed rulemaking on a 

submittal from Georgia dated December 

13, 2007, addressing ‘‘infrastructure 

SIP’’ elements required for the 1997 8- 

hour ozone NAAQS under CAA section 

110(a)(2) on February 6, 2012. See 77 FR 

5706. However, these are statewide 

requirements that are not a consequence 

of the nonattainment status of the 

Atlanta Area. As stated above, EPA 

believes that section 110 elements not 

linked to an area’s nonattainment status 

are not applicable for purposes of 

redesignation. Therefore, EPA believes 

it has approved all SIP elements under 

section 110 that must be approved as a 

prerequisite for redesignating the 

Atlanta Area to attainment. 

Title I, Part D, subpart 1 applicable 

SIP requirements. Subpart 1 of part D, 

found in sections 172(c)(1) through (9) 

and in section 176 of the CAA, sets forth 

the basic nonattainment requirements 

applicable to all nonattainment areas. A 

thorough discussion of the requirements 

contained in section 172 can be found 

in the General Preamble for 

Implementation of title I (57 FR 13498, 

April 16, 1992). Subpart 2 of part D, 

which includes section 182 of the CAA, 

establishes additional specific 

requirements depending on the area’s 

ozone nonattainment classification. A 

thorough discussion of the requirements 

contained in section 182 can be found 

in the General Preamble for 

Implementation of Title I (57 FR 13498). 

Part D Subpart 1 Section 172 

Requirements and Part D, Subpart 2 

Section 182 Requirements. Section 

172(c)(1) requires the plans for all 

nonattainment areas to provide for the 

implementation of all RACM as 

expeditiously as practicable and to 

provide for attainment of the national 

primary ambient air quality standards. 

EPA interprets this requirement to 

impose a duty on all nonattainment 

areas to consider all available control 

measures and to adopt and implement 

such measures as are reasonably 

available for implementation in each 

area as components of the area’s 

attainment demonstration. Under 

section 172, states with nonattainment 

areas must submit plans providing for 

timely attainment and meeting a variety 

of other requirements. Section 182 of 

the CAA, found in subpart 2 of part D, 

establishes additional specific 

requirements depending on the area’s 

ozone nonattainment classification. For 

purposes of evaluating this 

redesignation request, the applicable 

part D, subpart 2 SIP requirements for 

all moderate nonattainment areas are 

contained in sections 182(b)(1)–(5). 

However, pursuant to 40 CFR 51.918, 

EPA’s June 23, 2011, determination that 

the Area was attaining the 1997 8-hour 

ozone NAAQS suspended Georgia’s 

obligation to submit most of the 

attainment planning requirements that 

would otherwise apply. Specifically, the 

determination of attainment suspended 

Georgia’s obligation to submit an 

attainment demonstration and planning 

SIPs to provide for RFP, RACM, and 

contingency measures under sections 

172(c)(9) and 182(b)(1) of the CAA. 

The General Preamble for 

Implementation of Title I (57 FR 13498, 

April 16, 1992) also discusses the 

evaluation of these requirements in the 

context of EPA’s consideration of a 

redesignation request. The General 

Preamble sets forth EPA’s view of 

applicable requirements for purposes of 

evaluating redesignation requests when 

an area is attaining a standard (General 

Preamble for Implementation of Title I 

(57 FR 13498, April 16, 1992)). 

Because attainment has been reached 

in the Atlanta Area, no additional 

measures are needed to provide for 

attainment for the 1997 8-hour ozone 

NAAQS,5 and section 172(c)(1) 

requirements for an attainment 

demonstration and RACM are no longer 


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considered to be applicable for purposes 

of redesignation as long as the Area 

continues to attain the 1997 8-hour 

ozone NAAQS until redesignation. See 

also 40 CFR 51.918. 

The RFP plan requirements under 

sections 172(c)(2) and 182(b)(1) are 

defined as progress that must be made 

toward attainment for the 1997 8-hour 

ozone NAAQS. These requirements are 

not relevant for purposes of 

redesignation because EPA has 

determined that the entire Atlanta Area 

has monitored attainment of the 1997 8- 

hour ozone NAAQS. See General 

Preamble, 57 FR 13564. See also 40 CFR 

51.1004 (c). While it is not a 

requirement for redesignation, EPA is 

considering taking action on Georgia’s 

RFP plan for the 1997 8-hour ozone 

NAAQS separate from today’s proposed 

action. 

Section 172(c)(3) and section 182(b) 

requires submission and approval of a 

comprehensive, accurate, and current 

inventory of actual emissions. Section 

182(b) references section 182(a) of the 

CAA which requires, in part, for states 

to submit a current inventory of actual 

emissions (182(a)(1)). As part of 

Georgia’s attainment demonstration for 

the Atlanta Area, Georgia submitted a 

2002 base year emissions inventory. 

EPA approved the 2002 base year 

inventory on March 24, 2012, as 

meeting the section 172(c)(3) and 

section 182(a)(1) emissions inventory 

requirement. See 77 FR 24399. 

Section 172(c)(4) requires the 

identification and quantification of 

emissions for major new and modified 

stationary sources to be allowed in an 

area, and section 172(c)(5) and section 

182(b) require source permits for the 

construction and operation of new and 

modified major stationary sources 

anywhere in the nonattainment area. 

EPA has determined that, since PSD 

requirements will apply after 

redesignation, areas being redesignated 

need not comply with the requirement 

that a NSR program be approved prior 

to redesignation, provided that the area 

demonstrates maintenance of the 

NAAQS without part D NSR. A more 

detailed rationale for this view is 

described in a memorandum from Mary 

Nichols, Assistant Administrator for Air 

and Radiation, dated October 14, 1994, 

entitled, ‘‘Part D New Source Review 

Requirements for Areas Requesting 

Redesignation to Attainment.’’ Georgia 

has demonstrated that the Atlanta Area 

will be able to maintain the NAAQS 

without part D NSR in effect, and 

therefore Georgia need not have fully 

approved part D NSR programs prior to 

approval of the redesignation request. 

Nonetheless, Georgia currently has a 

fully-approved part D NSR program in 

place. Georgia’s PSD program will 

become applicable in the Atlanta Area 

upon redesignation to attainment. 

Section 172(c)(6) requires the SIP to 

contain control measures necessary to 

provide for attainment of the NAAQS. 

Because attainment has been reached, 

no additional measures are needed to 

provide for attainment. 

Section 172(c)(7) requires the SIP to 

meet the applicable provisions of 

section 110(a)(2). As noted above, EPA 

believes the Georgia SIP meets the 

requirements of section 110(a)(2) 

applicable for purposes of 

redesignation. 

Section 182(b) references, in part, 

section 182(a)(3), which requires states 

to submit periodic inventories and 

emissions statements. Section 

182(a)(3)(A) of the CAA requires states 

to submit a periodic inventory every 3 

years. The periodic emissions inventory 

is discussed in more detail in Criteria 

(4)(e), Verification of Continued 

Attainment. 

Section 182(a)(3)(B) of the CAA 

requires states with areas designated 

nonattainment for the ozone NAAQS to 

submit a SIP revision to require 

emissions statements to be submitted to 

the state by sources within that 

nonattainment area. EPA approved 

Georgia’s emissions statements 

requirement, which is part of the 

attainment plan submittal, on November 

27, 2009. See 74 FR 62249. EPA believes 

the Georgia SIP meets the requirements 

of section 182(a)(3)(B) applicable for 

purposes of redesignation. 

Section 182(b)(2) of the CAA requires 

states with areas designated 

nonattainment for the ozone NAAQS to 

submit a SIP revision to require 

reasonably available control technology 

(RACT) for all major VOC and NOX

sources and for each category of VOC 

sources in the Area covered by a Control 

Techniques Guidelines (CTG) 

document. 

The CTGs established by EPA are 

guidance to the states and provide 

recommendations only. A state can 

develop its own strategy for what 

constitutes RACT for the various CTG 

categories, and EPA will review that 

strategy in the context of the SIP process 

and determine whether it meets the 

RACT requirements of the CAA and its 

implementing regulations. If no major 

sources of VOC or NOX emissions 

(which should be considered separately) 

or no sources in a particular source 

category exist in an applicable 

nonattainment area, a state may submit 

a negative declaration for that category. 

EPA approved Georgia’s RACT 

submittals on September 28, 2012. See 

77 FR 59554. EPA believes the Georgia 

SIP meets the requirements of section 

182(b)(2) applicable for purposes of 

redesignation. 

Originally, the section 182(b)(3) Stage 

II requirement also applied in all 

moderate ozone nonattainment areas. 

However, under section 202(a)(6) of the 

CAA, 42 U.S.C. 7521(a)(6), the 

requirements of section 182(b)(3) no 

longer apply in moderate ozone 

nonattainment areas after EPA 

promulgated the onboard refueling 

vapor recovery standards on April 6, 

1994, 59 FR 16262, codified at 40 CFR 

parts 86 (including 86.098–8), 88 and 

600. Under implementation rules issued 

in 2002 for the 1997 8-hour ozone 

NAAQS, EPA retained the Stage IIrelated requirements under section 

182(b)(3) as they applied for the nowrevoked 1-hour ozone NAAQS. See 40 

CFR 51.900(f)(5) and 40 CFR 51.916(a). 

As a previous 1-hour ozone 

nonattainment area, Georgia currently 

has Stage II requirements approved in 

its SIP for 13 counties in the Atlanta 

Area. This proposed rulemaking does 

not relate to those requirements and is 

not proposing any action to remove 

those requirements from Georgia’s SIP. 

Section 182(b)(4) of the CAA requires 

states with areas designated 

nonattainment for the ozone NAAQS to 

submit SIPs requiring inspection and 

maintenance of vehicles (I/M). Section 

182(c)(3)requires enhanced vehicle 

inspection and maintenance (I/M) in 

ozone nonattainment areas classified as 

serious or worse. Georgia’s enhanced I/ 

M rule for the 13 county nonattainment 

area under the 1990 1-hr ozone standard 

was submitted to EPA on August 9, 

1999, and approved on April 19, 2002 

(67 FR 19335), effective June 18, 2002. 

Even though the Atlanta Area was 

designated as part of the moderate 

Atlanta Area for the 1997 8-hour ozone 

NAAQS, applicability of the I/M 

regulations to areas outside the Ozone 

Transport Region is based on the 

population of the urbanized area as 

defined by the 1990 census. In 1990, the 

Atlanta urbanized area was totally 

contained within Georgia and did not 

touch the State line. Therefore, the 

applicability level of a 1990 census 

population of 200,000 or more in an 

urbanized area (40 CFR 51.350(a)(1)) 

applies to the Atlanta urbanized area. 

EPA believes the Georgia SIP meets the 

requirements of section 182(b)(3) and 

182(b)(4) applicable for purposes of 

redesignation. 

Section 182(b)(5) of the CAA requires 

that for purposes of satisfying the 

general emission offset requirement, the 

ratio of total emission reductions to total 

increase emissions shall be at least 1.15 


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6CAA section 176(c)(4)(E) requires states to 

submit revisions to their SIPs to reflect certain 

federal criteria and procedures for determining 

transportation conformity. Transportation 

conformity SIPs are different from the MVEBs that 

are established in control strategy SIPs and 

maintenance plans. 

to 1. Georgia currently requires these 

offsets. EPA believes the Georgia SIP 

meets the requirements of section 

182(b)(5) applicable for purposes of 

redesignation. 

Section 176 Conformity 

Requirements. Section 176(c) of the 

CAA requires states to establish criteria 

and procedures to ensure that federally 

supported or funded projects conform to 

the air quality planning goals in the 

applicable SIP. The requirement to 

determine conformity applies to 

transportation plans, programs and 

projects that are developed, funded or 

approved under title 23 of the United 

States Code (U.S.C.) and the Federal 

Transit Act (transportation conformity) 

as well as to all other federally 

supported or funded projects (general 

conformity). State transportation 

conformity SIP revisions must be 

consistent with federal conformity 

regulations relating to consultation, 

enforcement and enforceability that EPA 

promulgated pursuant to its authority 

under the CAA. 

EPA interprets the conformity SIP 

requirements 6 as not applying for 

purposes of evaluating a redesignation 

request under section 107(d) because 

state conformity rules are still required 

after redesignation and federal 

conformity rules apply where state rules 

have not been approved. See Wall v. 

EPA, 265 F.3d 426 (6th Cir. 2001) 

(upholding this interpretation); see also 

60 FR 62748 (December 7, 1995) 

(redesignation of Tampa, Florida). 

Nonetheless, Georgia has an approved 

conformity SIP for the Atlanta Area. See 

77 FR 35866, June 15, 2012. Thus, the 

Atlanta Area has satisfied all applicable 

requirements for purposes of 

redesignation under section 110 and 

part D of title I of the CAA. 

b. The Atlanta Area Has a Fully 

Approved Applicable SIP Under Section 

110(k) of the CAA 

EPA has fully approved the applicable 

Georgia SIP for the Atlanta Area under 

section 110(k) of the CAA for all 

requirements applicable for purposes of 

redesignation. EPA may rely on prior 

SIP approvals in approving a 

redesignation request (see Calcagni 

Memorandum at p. 3; Southwestern 

Pennsylvania Growth Alliance v. 

Browner, 144 F.3d 984, 989–90 (6th Cir. 

1998); Wall, 265 F.3d 426) plus any 

additional measures it may approve in 

conjunction with a redesignation action 

(see 68 FR 25426 (May 12, 2003) and 

citations therein). Following passage of 

the CAA of 1970, Georgia has adopted 

and submitted, and EPA has fully 

approved at various times, provisions 

addressing the various 1997 8-hour 

ozone NAAQS SIP elements applicable 

in the Atlanta Area (March 2, 1976, 41 

FR 8956; 110(a)(1) and (2) for 1997 8- 

hour ozone NAAQS, February 6, 2012, 

77 FR 5706; RACT, September 28, 2012, 

77 FR 59554; emissions inventory, 

March 24, 2012, 77 FR 24399; emissions 

statement, November 27, 2009, 74 FR 

62249). 

As indicated above, EPA believes that 

the section 110 elements that are neither 

connected with nonattainment plan 

submissions nor linked to an area’s 

nonattainment status are not applicable 

requirements for purposes of 

redesignation. EPA has approved all 

part D subpart 1 requirements 

applicable for purposes of this 

redesignation. 

Criteria (3)—The Air Quality 

Improvement in the Atlanta 1997 8- 

Hour Ozone NAAQS Nonattainment 

Area Is Due to Permanent and 

Enforceable Reductions in Emissions 

Resulting From Implementation of the 

SIP and Applicable Federal Air 

Pollution Control Regulations and Other 

Permanent and Enforceable Reductions 

For redesignating a nonattainment 

area to attainment, the CAA requires 

EPA to determine that the air quality 

improvement in the area is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the SIP and 

applicable federal air pollution control 

regulations and other permanent and 

enforceable reductions (CAA section 

107(d)(3)(E)(iii)). EPA has preliminarily 

determined that Georgia has 

demonstrated that the observed air 

quality improvement in its portion of 

the Atlanta Area is due to permanent 

and enforceable reductions in emissions 

resulting from implementation of the 

SIP, federal measures, and other state 

adopted measures. EPA does not have 

any information to suggest that the 

decrease in ozone concentrations in the 

Atlanta Area is due to unusually 

favorable meteorological conditions 

State, local and federal measures 

enacted in recent years have resulted in 

permanent emission reductions. Most of 

these emission reductions are 

enforceable through regulations. A few 

non-regulatory measures also result in 

emission reductions. 

The state measures, some of which 

implement federal requirements, that 

have been implemented to date and 

relied upon by Georgia to demonstrate 

attainment and/or maintenance include: 

Georgia Rule (yy)—Emissions of 

Nitrogen Oxides, Georgia Rule (lll)— 

NOX from Fuel Burning Equipment, 

Georgia Rule (rrr)—NOX from Small 

Fuel Burning Equipment, and Georgia 

Rule (jjj)—NOX from EGUs. These rules 

have been approved in the federallyapproved SIP. 

Georgia’s smoke management plan is 

a state-only requirement and is therefore 

not federally enforceable. This measure 

is not necessary for the continued 

maintenance of the Atlanta 

nonattainment area, however the 

implementation of this plan will 

support the maintenance of the ozone 

NAAQS for the Atlanta area. 

Additionally, Georgia Rule (sss) has not 

been submitted to EPA for approval into 

the SIP and is therefore not federally 

enforceable. The rule requirements to 

install and operate the control 

equipment have been incorporated into 

the each facility’s respective title V 

federal operating permit. The rule alone 

is not relied upon to meet continued 

maintenance; however, the rule was 

designed to meet the emission 

reductions and deadlines of CAIR. 

Without the operation of the equipment 

required by Rule (sss), it would be 

impossible for the coal-fired EGUs 

operating in the state of Georgia to meet 

the emission budgets of either CAIR. 

Rule (sss) is state-effective and currently 

being implemented in Georgia. 

The federal measures that have been 

implemented include the following: 

Tier 2 vehicle standards. 

Implementation began in 2004 and will 

require all passenger vehicles in any 

manufacturer’s fleet to meet an average 

standard of 0.07 grams of NOX per mile. 

The Tier 2 rule also reduced the sulfur 

content of gasoline to 30 ppm starting in 

January of 2006. 

Large Non-road Diesel Engines Rule 

and Ultra Low-Sulfur Diesel Rule. EPA 

issued this rule in June 2004 (69 FR 

38958), which applies to diesel engines 

used in industries, such as construction, 

agriculture, and mining. It is estimated 

that compliance with this rule will cut 

NOX emissions from non-road diesel 

engines by up to 90 percent nationwide. 

The non-road diesel rule was fully 

implemented by 2010. 

Control Technique Guidelines. 

Georgia listed CTGs under federal 

measures implemented in the Atlanta 

Area. CTGs are not federal control 

measures. CTGs are federal guidelines 

for states to use in order to meet a CAA 

requirement for states to control VOC 

emissions from specific source 

categories. The resulting state controls 

are considered state measures, not 


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federal measures. See criteria 2(a) of 

section V of this action for more 

information regarding CTGs. 

Heavy-duty gasoline and diesel 

highway vehicle standards and Ultra 

Low-Sulfur Diesel Rule. EPA issued this 

rule in January 2001 (66 FR 5002). This 

rule includes standards limiting the 

sulfur content of diesel fuel, which went 

into effect in 2004. A second phase took 

effect in 2007, which further reduced 

the highway diesel fuel sulfur content to 

15 ppm, leading to additional 

reductions in combustion NOX and VOC 

emissions. This rule is expected to 

achieve a 95 percent reduction in NOX

emissions from diesel trucks and buses. 

Nonroad spark-ignition engines and 

recreational engines standards. This 

rule was effective in 2003 and will 

reduce NOX and hydrocarbon 

emissions. 

NOX SIP Call in Surrounding States. 

The NOX SIP Call created the NOX

Budget Trading Program designed to 

reduce the amount of ozone that crosses 

state lines. 

EPA has considered the relationship 

of the Atlanta Area’s maintenance plan 

to the reductions currently required 

pursuant to CAIR. Although CAIR was 

remanded to EPA, the remand of CAIR 

does not alter the requirements of the 

NOX SIP Call and the State has 

demonstrated that the Atlanta Area can 

maintain the 1997 ozone NAAQS 

without any additional requirements 

(beyond those required by the NOX SIP 

Call in surrounding states). Therefore, 

EPA has made the preliminary 

determination that the State’s 

demonstration of maintenance under 

sections 175A and 107(d)(3)(E) remains 

valid based on reductions from the NOX

SIP Call. 

The NOX SIP Call required states to 

make NOX emissions reductions. It also 

provided a mechanism (the NOX Budget 

Trading Program) that states could use 

to achieve those reductions. When EPA 

promulgated CAIR, it discontinued 

(starting in 2009) the NOX Budget 

Trading Program, 40 CFR 51.121(r), but 

established another mechanism—the 

CAIR ozone season trading program— 

which states could use to meet their 

NOX SIP Call obligations, 70 FR 25289– 

90. EPA notes that a number of states, 

when submitting SIP revisions to 

require sources to participate in the 

CAIR ozone season trading program, 

removed the SIP provisions that 

required sources to participate in the 

NOX Budget Trading Program. In 

addition, because the provisions of 

CAIR including the ozone season NOX

trading program have remained in place 

during the remand, EPA is not currently 

administering the NOX Budget Trading 

Program. Nonetheless, all states 

regardless of the current status of their 

regulations that previously required 

participation in the NOX Budget Trading 

Program, will remain subject to all of 

the requirements in the NOX SIP Call 

even if the existing CAIR ozone season 

trading program is withdrawn or 

altered. In addition, the anti-backsliding 

provisions of 40 CFR 51.905(f) 

specifically provide that the provisions 

of the NOX SIP Call, including the 

statewide NOX emission budgets, 

continue to apply after revocation of the 

1-hour NAAQS. Thus, for purposes of 

today’s action, emissions reductions 

associated with the NOX SIP Call are 

‘‘permanent and enforceable.’’ 

All NOX SIP Call states have SIPs that 

currently satisfy their obligations under 

the NOX SIP Call; the NOX SIP Call 

reduction requirements are being met; 

and EPA will continue to enforce the 

requirements of the NOX SIP Call even 

after any response to the CAIR remand. 

For these reasons, EPA believes that 

regardless of the status of the CAIR 

program, the NOX SIP Call requirements 

can be relied upon in demonstrating 

maintenance. Here, the State has 

demonstrated maintenance based in part 

on those requirements. 

CAIR and CSAPR. CAIR remains in 

place and enforceable until substituted 

by a ‘‘valid’’ replacement rule. 

Regardless of the timing of the transition 

from CAIR to CSAPR, or a resulting 

court-ordered interstate transport 

remedy, emissions of NOX and SO2 have 

declined significantly and are expected 

to continue to decrease in the future due 

to the continuation of CAIR and 

Georgia’s own EGU emissions rules. 

To the extent that the Georgia 

submittal relies on CAIR reductions that 

occurred through 2012, the recent 

directive from the D.C. Circuit in EME 

Homer City ensures that the reductions 

associated with CAIR will be permanent 

and enforceable for the necessary time 

period for purposes of CAA section 

107(d)(3)(E)(iii) and Georgia’s request to 

redesignate the Atlanta Area and seek 

approval of its maintenance plan and 

other requirements associated with 

redesignation. EPA has been ordered by 

the court to develop a new rule, and the 

opinion makes clear that after 

promulgating that new rule EPA must 

provide states an opportunity to draft 

and submit SIPs to implement that rule. 

CAIR thus cannot be replaced until EPA 

has promulgated a final rule through a 

notice-and-comment rulemaking 

process, states have had an opportunity 

to draft and submit SIPs, EPA has 

reviewed the SIPs to determine if they 

can be approved, and EPA has taken 

action on the SIPs, including 

promulgating a Federal Implementation 

Plan, if appropriate. The court’s clear 

instruction to EPA is that it must 

continue to administer CAIR until a 

‘‘valid replacement’’ exists and thus 

CAIR reductions may be relied upon 

until the necessary actions are taken by 

EPA and states to administer CAIR’s 

replacement. Furthermore, the court’s 

instruction provides an additional 

backstop; by definition, any rule that 

replaces CAIR and meets the court’s 

direction would require upwind states 

to have SIPs that eliminate significant 

contributions to downwind 

nonattainment and prevent interference 

with maintenance in downwind areas. 

Further, in vacating CSAPR and 

requiring EPA to continue administering 

CAIR, the D.C. Circuit emphasized that 

the consequences of vacating CAIR 

‘‘might be more severe now in light of 

the reliance interests accumulated over 

the intervening four years.’’ EME Homer 

City, 696 F.3d at 38. The accumulated 

reliance interests include the interests of 

states who reasonably assumed they 

could rely on reductions associated with 

CAIR, which brought certain 

nonattainment areas into attainment 

with the NAAQS. If EPA were 

prevented from relying on reductions 

associated with CAIR in redesignation 

actions, states would be forced to 

impose additional, redundant 

reductions on top of those achieved by 

CAIR. EPA believes this is precisely the 

type of irrational result the court sought 

to avoid by ordering EPA to continue 

administering CAIR. For these reasons 

also, EPA believes it is appropriate to 

allow states to rely on CAIR, and the 

existing emissions reductions achieved 

by CAIR, as sufficiently permanent and 

enforceable for purposes such as 

redesignation. Following promulgation 

of the replacement rule, EPA will 

review SIPs as appropriate to identify 

whether there are any issues that need 

to be addressed. In light of these unique 

circumstances and for the reasons 

explained above, EPA is proposing to 

approve the redesignation request and 

related SIP revisions for the Atlanta 

Area. EPA continues to implement CAIR 

in accordance with current direction 

from the court, and thus CAIR is in 

place and enforceable and will remain 

so until substituted by a valid 

replacement rule. Georgia’s SIP revision 

lists CAIR as a control measure, which 

became state-effective on February 28, 

2007, and was approved by EPA on 

October 9, 2007, 72 FR 57202, for the 

purpose of reduction SO2 and NOX

emissions. The monitoring data used to 

demonstrate the Area’s attainment of the 


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1997 8-hour ozone standard was 

impacted by CAIR. 

Criteria (4)—The Atlanta Area Has a 

Fully Approved Maintenance Plan 

Pursuant to Section 175A of the CAA 

For redesignating a nonattainment 

area to attainment, the CAA requires 

EPA to determine that the area has a 

fully approved maintenance plan 

pursuant to section 175A of the CAA 

(CAA section 107(d)(3)(E)(iv)). In 

conjunction with its request to 

redesignate the Atlanta Area to 

attainment for the 1997 8-hour ozone 

NAAQS, GA EPD submitted a SIP 

revision to provide for the maintenance 

of the 1997 8-hour ozone NAAQS for at 

least 10 years after the effective date of 

redesignation to attainment. EPA has 

made the preliminary determination 

that this maintenance plan meets the 

requirements for approval under section 

175A of the CAA. 

a. What is required in a maintenance 

plan? 

Section 175A of the CAA sets forth 

the elements of a maintenance plan for 

areas seeking redesignation from 

nonattainment to attainment. Under 

section 175A, the plan must 

demonstrate continued attainment of 

the applicable NAAQS for at least 10 

years after the Administrator approves a 

redesignation to attainment. Eight years 

after the redesignation, the state must 

submit a revised maintenance plan 

which demonstrates that attainment will 

continue to be maintained for the 

remainder of the 20-year period 

following the initial 10-year period. To 

address the possibility of future NAAQS 

violations, the maintenance plan must 

contain contingency measures as EPA 

deems necessary to assure prompt 

correction of any future 1997 8-hour 

ozone violations. The Calcagni 

Memorandum provides further guidance 

on the content of a maintenance plan, 

explaining that a maintenance plan 

should address five requirements: the 

attainment emissions inventory, 

maintenance demonstration, 

monitoring, verification of continued 

attainment, and a contingency plan. As 

is discussed more fully below, EPA 

proposes to find that Georgia’s 

maintenance plan includes all the 

necessary components and is thus 

proposing to approve it as a revision to 

the Georgia SIP. 

b. Attainment Emissions Inventory 

The Atlanta Area attained the 1997 8- 

hour ozone NAAQS based on 

monitoring data for the 3-year period 

from 2008–2010. Georgia selected 2008 

as the attainment emissions inventory 

year. The attainment inventory 

identifies a level of emissions in the 

Area that is sufficient to attain the 1997 

8-hour ozone NAAQS. Georgia began 

development of the attainment 

inventory by first generating a baseline 

emissions inventory for the Atlanta 

Area. As noted above, the year 2008 was 

chosen as the base year for developing 

a comprehensive emissions inventory 

for NOX and VOC, for which projected 

emissions could be developed for 2017 

and 2024. 

The attainment year emissions were 

projected to future years separately 

using different methods by seven source 

categories, including: EGU point 

sources; non-EGU point sources; area 

sources; fires; nonroad mobile sources; 

nonroad mobile sources—marine, 

aircraft and railroad; and onroad mobile 

sources. Point sources captured in the 

inventory include stationary sources 

whose actual emissions equal or exceed 

25 tons per year (tpy) of VOC or NOX

in the 13 counties in the Atlanta area 

that were previously nonattainment for 

the 1-hour ozone NAAQS and are 

currently nonattainment for the 1997 8- 

hour ozone NAAQS (Cherokee, Clayton, 

Cobb, Coweta, DeKalb, Douglas, Fayette, 

Forsyth, Fulton, Gwinnett, Henry, 

Paulding, and Rockdale), and 100 tpy of 

VOC or NOX in the seven remaining 

counties that make up the Atlanta 

nonattainment area for the 1997 8-hour 

ozone NAAQS (Barrow, Bartow, Carroll, 

Hall, Newton, Spalding, and Walton). 

The emissions inventory is composed 

of four major types of sources: point, 

area, on-road mobile and non-road 

mobile. Process-level emissions 

estimates for three EGU facilities in the 

Atlanta Area during 2008 were obtained 

from NEI2008 Version 1.5. The 

emissions were projected to year 2017 

and 2024 using corresponding growth 

and control factors. 

Ozone season daily emissions for EGU 

point sources were calculated by 

multiplying the annual total emissions 

with daily emissions fractions during 

June, July and August. The fractions for 

NOX and VOC emissions during June, 

July and August were estimated, 

respectively, using hourly 2008 CAMD 

CEM NOX emissions and heat input 

data, and then were divided by the 

number of days in these three months 

(92) to get ozone season daily emissions 

fractions. The same daily fractions have 

been used for both attainment year and 

future years. For future year emissions 

from Plant McDonough-Atkinson, the 

fraction of NOX emissions during the 

months of June through August was 

calculated as the product of the NOX

ozone-season limit and three months 

divided by the sum of the ozone-season 

limit times five months and the nonozone season limit times seven months. 

Emissions estimates for non-EGU 

point sources in 2008 were obtained 

from NEI2008 Version 1.5. Emissions in 

future years 2017 and 2024 were 

estimated using SCC- and countyspecific growth factors generated with 

the U.S. EPA’s Economic Growth 

Analysis System Version 5.0 (EGAS 5.0) 

with ‘‘Default REMI 6.0 SCC 

Configuration.’’ Appendix B–2 contains 

a summary of the SCC specific growth 

factors for Atlanta ozone nonattainment 

area. These emissions are not subject to 

additional controls in the future years 

2017 and 2024. Ozone season daily 

emissions for non-EGU point sources 

were estimated by multiplying the 

annual total emissions with ozone 

season daily emissions fractions, which 

were calculated using the same 

temporal allocation method used in 

Sparse Matrix Operator Kernel 

Emissions (SMOKE, http://www.smokemodel.org/index.cfm). The SMOKE 

temporal profiles and reference files 

were obtained from EPA’s 2005 

Modeling Platform Web site (ftp:// 

ftp.epa.gov/EmisInventory/2005v4_2/ 

ancillary_smoke). The SMOKE temporal 

profiles gave monthly emissions 

fractions, and were linked to each 

emission record by SCC according to the 

SMOKE temporal reference file. The 

total of the monthly fractions of June, 

July and August were divided by the 

number of days in these three months 

(92) to get ozone season daily emissions 

fractions. 

Nonpoint sources captured in the 

inventory include stationary sources 

whose emissions levels of NOX, SO2, 

and particulate matter are each less than 

25 tons per year. Emissions from 

nonpoint sources in 2008 were obtained 

from NEI2008 version 1.5. Ozone season 

daily emissions for area sources were 

calculated using the SMOKE temporal 

profiles as described for non-EGU point 

sources. 

Emissions from fires in 2008 were 

obtained from NEI2008 version 1.5. 

These estimates were provided by 

Georgia Environmental Protection 

Division as part of AERR2008 

submission (Georgia Air Protection 

Branch, 2011). This inventory was 

developed using 2008 burned area data 

and burning permit data provided by 

Georgia Forestry Commission and the 

same method as used for the 

VISTAS2002 fire inventory 

(www.epa.gov/ttnchie1/conference/ei13/ 

rpo/barnard_pres.pdf). Emissions in 

future years 2017 and 2024 were 

assumed to be the same as attainment 

year 2008. Ozone season daily 

emissions for fires were calculated by 


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dividing the total emissions during 

June, July and August by the number of 

days in these three months (92). The 

emissions during these three months 

were estimated using monthly 

emissions for nonpoint fires and event 

emissions records for wildfires occurred 

during this period in NEI2008. 

The 2008 NOX and VOC emissions for 

the Atlanta Area, as well as the 

emissions for other years, were 

developed consistent with EPA 

guidance and are summarized in Tables 

2 through 4 of the following subsection 

discussing the maintenance 

demonstration. 

c. Maintenance Demonstration 

The April 4, 2012, final SIP revision 

includes a maintenance plan for the 

Atlanta Area. The maintenance plan: 

(i) Shows compliance with and 

maintenance of the 8-hour ozone 

standard by providing information to 

support the demonstration that current 

and future emissions of NOX and VOC 

remain at or below 2008 emissions 

levels. 

(ii) Uses 2008 as the attainment year 

and includes future emissions inventory 

projections for 2017, 2020, and 2024. 

(iii) Identifies an ‘‘out year’’ at least 10 

years (and beyond) after the time 

necessary for EPA to review and 

approve the maintenance plan. Per 40 

CFR part 93, NOX and VOC MVEBs 

were established for the last year (2024) 

of the maintenance plan (see section VI 

below). 

(iv) Provides actual and projected 

emissions inventories, in tons per day 

(tpd), for the Atlanta Area, as shown in 

Tables 2 through 4 below. 

TABLE 2—ACTUAL AND PROJECTED ANNUAL NOX EMISSIONS (tpd) FOR THE ATLANTA AREA

Sector 2008 2014 2017 2020 2024 

Point ......................................................................................................... 75.99 60.69 53.05 54.43 56.27 

Area * ....................................................................................................... 49.30 54.92 57.73 60.62 64.48 

Nonroad ................................................................................................... 117.47 99.18 90.04 87.03 83.01 

On-road .................................................................................................... 364.02 264.80 215.19 165.58 99.43 

Total ** .............................................................................................. 606.78 479.59 416.01 367.66 303.19 

* For nonpoint emissions, excluding fire. 

** Numbers may be slightly different than the April 4, 2012, submittal based on rounding conventions. 

TABLE 3—ACTUAL AND PROJECTED ANNUAL VOC EMISSIONS (tpd) FOR THE ATLANTA AREA

Sector 2008 2014 2017 2020 2024 

Point ......................................................................................................... 13.79 15.80 16.81 17.80 19.13 

Area * ....................................................................................................... 216.46 243.28 256.69 270.61 289.16 

Nonroad ................................................................................................... 96.03 74.75 64.11 63.50 62.69 

On-road .................................................................................................... 165.53 126.92 107.61 88.30 62.56 

Total ** .............................................................................................. 491.82 460.75 445.22 440.21 433.55 

* For nonpoint emissions, excluding fire. 

** Numbers may be slightly different than the April 4, 2012, submittal based on rounding conventions. 

TABLE 4—EMISSION ESTIMATES FOR

THE ATLANTA AREA

Year VOC (tpd) NOX (tpd) 

2008 .................. 491.82 606.78 

2024 .................. 433.55 303.19 

Difference from 

2008 to 2024 ¥58.27 ¥303.59 

Tables 2 through 4 summarize the 

2008 and future projected emissions of 

NOX and VOC from Atlanta. In 

situations where local emissions are the 

primary contributor to nonattainment, 

the ambient air quality standard should 

not be violated in the future as long as 

emissions from within the 

nonattainment area remain at or below 

the baseline with which attainment was 

achieved. Georgia has projected 

emissions as described previously and 

determined that emissions in the 

Atlanta Area will remain below those in 

the attainment year inventory for the 

duration of the maintenance plan. 

As discussed in section VI of this 

proposed rulemaking, a safety margin is 

the difference between the attainment 

level of emissions (from all sources) and 

the projected level of emissions (from 

all sources) in the maintenance plan. 

The attainment level of emissions is the 

level of emissions during one of the 

years in which the area met the NAAQS. 

Georgia selected 2008 as the attainment 

emissions inventory year for the Atlanta 

Area. The State has decided to allocate 

a safety margin to the 2024 MVEB for 

the Atlanta Area. The safety margin was 

calculated as 99.43 tpd for NOX and 

62.56 tpd for VOC. A portion of the 

overall emissions reductions from 2008 

to 2024 will be used as the safety margin 

for MVEB. The MVEB to be used for 

transportation conformity proposes is 

discussed in section VI. This allocation 

and the resulting available safety margin 

for the Atlanta Area are discussed 

further in section VI of this proposed 

rulemaking. 

d. Monitoring Network 

There are currently nine monitors 

measuring ozone in Atlanta. The State 

of Georgia, through GA EPD, has 

committed to continue operation of the 

monitors in Atlanta Area in compliance 

with 40 CFR part 58 and have thus 

addressed the requirement for 

monitoring. EPA approved the ozone 

portion of Georgia’s 2012 annual 

ambient air monitoring network plan on 

October 16, 2012. 

e. Verification of Continued Attainment 

The State of Georgia, through GA 

EPD, has the legal authority to enforce 

and implement the requirements of the 

1997 8-hour ozone maintenance plan for 

the Atlanta Area. This includes the 

authority to adopt, implement and 

enforce any subsequent emissions 

control contingency measures 

determined to be necessary to correct 

future ozone attainment problems. 

Verification of continued attainment 

is accomplished through operation of 

the ambient ozone monitoring network 

and the periodic updates of the Area’s 

emissions inventory. GA EPD will 

continue to operate the current monitors 

located in the metro Atlanta area. There 

are no plans to discontinue operation, 


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relocate, or otherwise change the 

existing ambient monitoring network. 

Georgia will continue to update its 

emissions inventory at least once every 

three years. 

The Consolidated Emissions 

Reporting Rule (CERR) was promulgated 

by EPA on June 10, 2002. The CERR was 

replaced by the Annual Emissions 

Reporting Requirements (AERR) rule on 

December 17, 2008. The most recent 

triennial inventory for Georgia was 

compiled for 2008. The larger point 

sources of air pollution will continue to 

submit data on their emissions on an 

annual basis as required by the AERR. 

Emissions from the rest of the point 

sources, the nonpoint source portion, 

and the on-road and nonroad mobile 

sources continue to be quantified on a 

three-year cycle. The inventory will be 

updated and maintained on a three-year 

cycle. As required by the AERR, the 

next overall emissions inventory will be 

compiled for 2011. 

f. Contingency Measures in the 

Maintenance Plan 

The contingency measures are 

designed to promptly correct a violation 

of the NAAQS that occurs after 

redesignation. Section 175A of the CAA 

requires that a maintenance plan 

include such contingency measures as 

EPA deems necessary to assure that the 

state will promptly correct a violation of 

the NAAQS that occurs after 

redesignation. The maintenance plan 

should identify the contingency 

measures to be adopted, a schedule and 

procedure for adoption and 

implementation, and a time limit for 

action by the state. A state should also 

identify specific indicators to be used to 

determine when the contingency 

measures need to be implemented. The 

maintenance plan must include a 

requirement that a state will implement 

all measures with respect to control of 

the pollutant that were contained in the 

SIP before redesignation of the area to 

attainment in accordance with section 

175A(d). 

The contingency plan included in 

Georgia’s April 4, 2012, SIP revision 

includes a triggering mechanism to 

determine when contingency measures 

are needed and a process of developing 

and implementing appropriate control 

measures. The State of Georgia will use 

actual ambient monitoring data and 

emissions inventory data as the 

indicators to determine whether 

contingency measures should be 

implemented. 

Georgia has identified a primary 

trigger (Tier I) for the 1997 8-hour ozone 

NAAQS when any quality-assured 8- 

hour ozone monitoring reading exceeds 

0.084 ppm at an ambient monitoring 

station located in the Atlanta 

maintenance area or if the periodic 

emission inventory updates reveal 

excessive or unanticipated growth 

greater than 10 percent in emissions of 

either ozone precursor over the 

attainment or intermediate emissions 

inventories for the Atlanta maintenance 

area (as determined by the triennial 

emission reporting required by AERR). 

GA EPD will conduct an evaluation as 

expeditiously as practicable to 

determine if the trend is likely to 

continue. If it is determined that 

additional emission reductions are 

necessary, GA EPD will adopt and 

implement any required measures in 

accordance with the schedule and 

procedure for adoption and 

implementation of contingency 

measures. 

The ozone trigger concentrations 

described above apply to each monitor 

in the maintenance area. GA EPD will 

evaluate a Tier I condition, if it occurs, 

as expeditiously as practicable to 

determine the cause(s) of the ambient 

ozone or emissions inventory increase 

and to determine if a Tier II condition 

(see below) is likely to occur. 

A secondary trigger (Tier II) is 

activated when any violation of the 

1997 8-hour ozone NAAQS at any of the 

metro Atlanta ambient monitoring 

stations in the Atlanta maintenance area 

is recorded, based on quality-assured 

monitoring data. In this event, GA EPD 

will conduct a comprehensive study to 

determine the cause(s) of the ambient 

ozone increase and will implement any 

required measures as expeditiously as 

practicable, taking into consideration 

the ease of implementation and the 

technical and economic feasibility of 

selected measures 

GA EPD will, in the event of 1) a Tier 

II trigger condition or 2) a Tier I 

condition in which GA EPD has 

determined that a Tier II condition is 

likely to occur, conduct a 

comprehensive study to determine what 

contingency measure(s) are required for 

the maintenance of the ozone standard. 

Since the metro Atlanta area may be 

influenced by emissions from outside 

the maintenance area, the study will 

attempt to determine whether the trigger 

condition is due to local emissions, 

emissions from elsewhere, or a 

combination of the previous. The 

comprehensive analysis, based on 

quality-assured ambient data, will 

examine: 

• The severity of the trigger 

condition; 

• the meteorological conditions (in 

the case of an ambient concentration 

trigger) 

• associated with the trigger 

condition; 

• potential contributing local 

emissions sources; 

• potential contributing emissions 

resulting from regional or long-range 

transport; 

• the geographic applicability of 

possible contingency measures; 

• emission trends, including 

implementation timelines of potential 

control measures; 

• timelines of ‘‘on-the-books’’ 

(adopted) measures that are not yet fully 

implemented (e.g., Georgia Rule (sss) 

NOX controls); 

• current and recently identified 

control technologies. 

The comprehensive study will be 

completed and submitted to EPA for 

review as expeditiously as practical but 

no later than nine months after the Tier 

I or Tier II trigger is activated. When GA 

EPD determines, through the 

comprehensive study, what contingency 

measure(s) are required for the 

maintenance of the ozone standard, 

appropriate corrective measures will be 

adopted and implemented within 18 to 

24 months after the Tier I or II trigger 

occurs. EPA anticipates that control 

measures not relied upon for attainment 

but that are currently being 

implemented by GA EPD will continue 

to produce substantial reductions in 

ozone precursors in excess of what is 

relied upon in this maintenance plan. 

They include the Georgia Multipollutant 

Rule as well as diesel engine retrofit, 

replacement, and repowering programs 

and truck stop electrification programs. 

Contingency measures will be adopted 

no later than 18 months following the 

date on which the Tier I or Tier II trigger 

is activated. Selection of measures will 

take into consideration the ease of 

implementation as well as technical and 

economic feasibility. If it is determined 

that adoption and implementation of a 

rule will take longer than 24 months 

following the trigger date, GA EPD will 

submit for EPA’s approval a revised 

schedule for the development and 

adoption of contingency measures. 

If the analysis required above 

determines emissions from the local 

area are contributing to the trigger 

condition, GA EPD will evaluate those 

measures as specified in Section 172 of 

the CAA for control options as well as 

other available measures. Section 

175A(d) requires that state maintenance 

plans shall include a requirement that 

the state will implement all measures 

with respect to the control of the air 

pollutant concerned which were 

contained in the SIP for the area before 

redesignation of the area to attainment. 

Currently all such measures are in effect 


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for the Atlanta Area. Contingency 

measure(s) will be selected from the 

following types of measures or from any 

other measure deemed appropriate and 

effective at the time the selection is 

made: 

• RACM for sources of VOC and NOX. 

• RACT for point sources of VOC and 

NOX, specifically the adoption of new 

and revised RACT rules based on 

Groups II, III, and IV CTGs. 

• Expansion of RACM/RACT to 

area(s) of transport within the State. 

• Mobile Source Measures. 

• Implementation of a new measure/ 

control that is already promulgated and 

scheduled to be implemented at the 

federal or state level. 

• Additional NOX reduction 

measure(s) yet to be identified. 

EPA has concluded that the 

maintenance plan adequately addresses 

the five basic components of a 

maintenance plan: attainment 

inventory, monitoring network, 

verification of continued attainment, 

and a contingency plan. Therefore, the 

maintenance plan SIP revision 

submitted by the State of Georgia for the 

Atlanta Area meets the requirements of 

section 175A of the CAA, and thus EPA 

is proposing approval of the plan. 

VI. What is EPA’s analysis of Georgia’s 

proposed NOX and VOC MVEBs for the 

Atlanta area? 

Under section 176(c) of the CAA, new 

transportation plans, programs, and 

projects, such as the construction of 

new highways, must ‘‘conform’’ to (i.e., 

be consistent with) the part of the state’s 

air quality plan that addresses pollution 

from cars and trucks. Conformity to the 

SIP means that transportation activities 

will not cause new air quality 

violations, worsen existing violations, or 

delay timely attainment of the NAAQS 

or any interim milestones. If a 

transportation plan does not conform, 

most new projects that would expand 

the capacity of roadways cannot go 

forward. Regulations at 40 CFR part 93 

set forth EPA policy, criteria, and 

procedures for demonstrating and 

assuring conformity of such 

transportation activities to a SIP. The 

regional emissions analysis is one, but 

not the only, requirement for 

implementing transportation 

conformity. Transportation conformity 

is a requirement for nonattainment and 

maintenance areas. Maintenance areas 

are areas that were previously 

nonattainment for a particular NAAQS 

but have since been redesignated to 

attainment with an approved 

maintenance plan for that NAAQS. 

Under the CAA, states are required to 

submit, at various times, control strategy 

SIPs and maintenance plans for 

nonattainment areas. These control 

strategy SIPs (including RFP and 

attainment demonstration) and 

maintenance plans create MVEBs for 

criteria pollutants and/or their 

precursors to address pollution from 

cars and trucks. Per 40 CFR part 93, a 

MVEB must be established for the last 

year of the maintenance plan. A state 

may adopt MVEBs for other years as 

well. The MVEB is the portion of the 

total allowable emissions in the 

maintenance demonstration that is 

allocated to highway and transit vehicle 

use and emissions. See 40 CFR 93.101. 

The MVEB serves as a ceiling on 

emissions from an area’s planned 

transportation system. The MVEB 

concept is further explained in the 

preamble to the November 24, 1993, 

Transportation Conformity Rule (58 FR 

62188). The preamble also describes 

how to establish the MVEB in the SIP 

and how to revise the MVEB. 

After interagency consultation with 

the transportation partners for the 

Atlanta Area, Georgia has developed 

MVEBs for NOX and VOC for the 

Atlanta Area. Georgia is developing 

these MVEBs, as required, for the last 

year of its maintenance plan, 2024. The 

MVEBs reflect the total on-road 

emissions for 2024, plus an allocation 

from the available NOX and VOC safety 

margin. Under 40 CFR 93.101, the term 

‘‘safety margin’’ is the difference 

between the attainment level (from all 

sources) and the projected level of 

emissions (from all sources) in the 

maintenance plan. The safety margin 

can be allocated to the transportation 

sector; however, the total emissions 

must remain below the attainment level. 

The NOX and VOC MVEBs and 

allocation from the safety margin were 

developed in consultation with the 

transportation partners and were added 

to account for uncertainties in 

population growth, changes in model 

vehicle miles traveled and new 

emission factor models. The NOX and 

VOC MVEBs for the Atlanta Area are 

defined in Table 5 below. 

TABLE 5—ATLANTA AREA NOX AND

VOC MVEBS (TPD) 

2024 

NOX Emissions 

Base Emissions ................. 99.43 

Safety Margin Allocated to 

MVEB ............................. 26.9 

NOX Conformity MVEB ..... 126 

VOC Emissions 

Base Emissions ................. 62.56 

Safety Margin Allocated to 

MVEB ............................. 29.4 

TABLE 5—ATLANTA AREA NOX AND

VOC MVEBS (TPD)—Continued 

2024 

VOC Conformity MVEB ..... 92 

As mentioned above, Georgia has 

chosen to allocate a portion of the 

available safety margin to the NOX and 

VOC MVEBs for 2024 for the Atlanta 

Area. This allocation is 26.9 tpd and 

29.4 tpd for NOX and VOC, respectively. 

Thus, the remaining safety margins for 

2024 are 28.87 tpd and 276.69 tpd NOX

and VOC, respectively. 

Through this rulemaking, EPA is 

proposing to approve the MVEBs for 

NOX and VOC for 2024 for the Atlanta 

Area because EPA has preliminarily 

determined that the Area maintains the 

1997 8-hour ozone NAAQS with the 

emissions at the levels of the budgets. 

Once the MVEBs for the Atlanta Area 

are approved or found adequate 

(whichever is completed first), they 

must be used for future conformity 

determinations. After thorough review, 

EPA has preliminarily determined that 

the budgets meet the adequacy criteria, 

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

is proposing to approve the budgets 

because they are consistent with 

maintenance of the 1997 8-hour ozone 

NAAQS through 2024. 

VII. What is the status of EPA’s 

adequacy determination for the 

proposed NOX and VOC MVEBs for 

2024 for the Atlanta area? 

When reviewing submitted ‘‘control 

strategy’’ SIPs or maintenance plans 

containing MVEBs, EPA may 

affirmatively find the MVEB contained 

therein adequate for use in determining 

transportation conformity. Once EPA 

affirmatively finds the submitted MVEB 

is adequate for transportation 

conformity purposes, that MVEB must 

be used by state and federal agencies in 

determining whether proposed 

transportation projects conform to the 

SIP as required by section 176(c) of the 

CAA. 

EPA’s substantive criteria for 

determining adequacy of a MVEB are set 

out in 40 CFR 93.118(e)(4). The process 

for determining adequacy consists of 

three basic steps: public notification of 

a SIP submission, a public comment 

period, and EPA’s adequacy 

determination. This process for 

determining the adequacy of submitted 

MVEBs for transportation conformity 

purposes was initially outlined in EPA’s 

May 14, 1999, guidance, ‘‘Conformity 

Guidance on Implementation of March 

2, 1999, Conformity Court Decision.’’ 

EPA adopted regulations to codify the 


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7This proposed action does not proposed to 

change the Area’s designation for the 2008 8-hour 

ozone NAAQS. 

adequacy process in the Transportation 

Conformity Rule Amendments for the 

‘‘New 8-Hour Ozone and PM2.5 National 

Ambient Air Quality Standards and 

Miscellaneous Revisions for Existing 

Areas; Transportation Conformity Rule 

Amendments—Response to Court 

Decision and Additional Rule Change,’’ 

on July 1, 2004 (69 FR 40004). 

Additional information on the adequacy 

process for transportation conformity 

purposes is available in the proposed 

rule entitled, ‘‘Transportation 

Conformity Rule Amendments: 

Response to Court Decision and 

Additional Rule Changes,’’ 68 FR 38974, 

38984 (June 30, 2003). 

As discussed earlier, Georgia’s 

maintenance plan submission includes 

NOX and VOC MVEBs for the Atlanta 

Area for 2024, the last year of the 

maintenance plan. EPA reviewed the 

NOX and VOC MVEBs through the 

adequacy process. The Georgia SIP 

submission, including the Atlanta Area 

NOX and VOC MVEBs, was open for 

public comment on EPA’s adequacy 

Web site on February 29, 2012, found at: 

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

stateresources/transconf/ 

currsips.htm#atlanta2. The EPA public 

comment period on adequacy for the 

MVEBs for 2024 for the Atlanta Area 

closed on March 30, 2012. No 

comments, adverse or otherwise, were 

received during EPA’s adequacy process 

for the MVEBs associated with Georgia’s 

1997 8-hour ozone maintenance plan. 

EPA intends to make its 

determination on the adequacy of the 

2024 MVEBs for the Atlanta Area for 

transportation conformity purposes in 

the near future by completing the 

adequacy process that was started on 

February 29, 2012. After EPA finds the 

2024 MVEBs adequate or approves 

them, the new MVEBs for NOX and VOC 

must be used for future transportation 

conformity determinations. For required 

regional emissions analysis years for 

2024 and beyond, the applicable 

budgets will be the new 2024 MVEBs 

established in the maintenance plan, as 

defined in section VI of this proposed 

rulemaking. 

VIII. Proposed Action on the 

Redesignation Request and 

Maintenance Plan SIP Revision 

Including Proposed Approval of the 

2024 NOX and VOC MVEBs for the 

Atlanta Area 

EPA previously determined that the 

Atlanta Area was attaining the 1997 8- 

hour ozone NAAQS on June 23, 2011, 

at 76 FR 36873. EPA is now proposing 

to take two separate but related actions 

regarding the Atlanta Area’s 

redesignation and maintenance of the 

1997 8-hour ozone NAAQS. 

First, EPA is proposing to determine, 

based on complete, quality-assured and 

certified monitoring data for the 2009– 

2011 monitoring period that the Atlanta 

Area is attaining the 1997 8-hour ozone 

NAAQS. Based on 2010–2012 

preliminary data in AQS, the Area is 

continuing to attain the 1997 8-hour 

ozone NAAQS. EPA is proposing to 

determine that Georgia has met the 

criteria under CAA section 107(d)(3)(E) 

for the Atlanta Area for redesignation 

from nonattainment to attainment for 

the 1997 8-hour ozone NAAQS. On this 

basis, EPA is proposing to approve 

Georgia’s redesignation request for the 

1997 8-hour ozone NAAQS for the 

Atlanta Area. 

Second, EPA is proposing to approve 

the maintenance plan for the Atlanta 

Area, including the NOX and VOC 

MVEBs for 2024, into the Georgia SIP 

(under CAA section 175A). The 

maintenance plan demonstrates that the 

Area will continue to maintain the 1997 

8-hour ozone NAAQS, and the budgets 

meet all of the adequacy criteria 

contained in 40 CFR 93.118(e)(4) and 

(5). Further, as part of today’s action, 

EPA is describing the status of its 

adequacy determination for the NOX

and VOC MVEBs for 2024 in accordance 

with 40 CFR 93.118(f)(1). Within 24 

months from the effective date of EPA’s 

adequacy determination for the MVEBs 

or the effective date for the final rule for 

this action, whichever is earlier, the 

transportation partners will need to 

demonstrate conformity to the new NOX

and VOC MVEBs pursuant to 40 CFR 

93.104(e). 

If finalized, approval of the 

redesignation request would change the 

official designation of Barrow, Bartow, 

Carroll, Cherokee, Clayton, Cobb, 

Coweta, DeKalb, Douglas, Fayette, 

Forsyth, Fulton, Gwinnett, Hall, Henry, 

Newton, Paulding, Rockdale, Spalding 

and Walton Counties in Georgia from 

nonattainment to attainment for the 

1997 8-hour ozone NAAQS as found at 

40 CFR part 81. This proposed action is 

does not relate to these same counties 

designation status under the 2008 8- 

hour ozone NAAQS. Those counties in 

the Atlanta Area that were designated 

nonattainment for the 2008 8-hour 

ozone NAAQS would remain 

nonattainment for that NAAQS even if 

this action is finalized. 

IX. What is the effect of EPA’s proposed 

actions? 

EPA’s proposed actions establish the 

basis upon which EPA may take final 

action on the issues being proposed for 

approval today. Approval of Georgia’s 

redesignation request would change the 

legal designation of the designated 

portion of Atlanta Area for the 1997 8- 

hour ozone NAAQS, found at 40 CFR 

part 81, from nonattainment to 

attainment.7 Approval of Georgia’s 

request would also incorporate a plan 

for maintaining the 1997 8-hour ozone 

NAAQS in the Atlanta Area through 

2024 into the Georgia SIP. This 

maintenance plan includes contingency 

measures to remedy any future 

violations of the 1997 8-hour ozone 

NAAQS and procedures for evaluation 

of potential violations. The maintenance 

plan also establishes NOX and VOC 

MVEBs for 2024 for the Atlanta Area. 

The NOX MVEB is 126 tpd. The VOC 

MVEB is 92 tpd. Additionally, EPA is 

notifying the public of the status of 

EPA’s adequacy determination for the 

newly-established NOX and VOC 

MVEBs for 2024 for the Atlanta Area. 

X. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, these proposed 

actions merely approve state law as 

meeting federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

this reason, these proposed actions: 

• Are not ‘‘significant regulatory 

action[s]’’ subject to review by the 

Office of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• are certified as not having a 

significant economic impact on a 


sroberts on DSK5SPTVN1PROD with PROPOSALS
7718 Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Proposed Rules 

1See, e.g., Review of the Surface Transp. Bd.’s 

Gen. Costing Sys., EP 431 (Sub-No. 3) (STB served 

Apr. 6, 2009); Review of Gen. Purpose Costing Sys., 

EP 431 (Sub-No. 2) (STB served Dec. 5, 1997); 

Review of Gen. Purpose Costing Sys., EP 431 (SubNo. 2) (STB served Oct. 1, 1997); Review of Gen. 

Purpose Costing Sys., EP 431 (Sub-No. 2) (ICC 

served July 21, 1993). 

2Surface Transp. Bd., Surface Transportation 

Board Report to Congress Regarding the Uniform 

Rail Costing System, 14, 18–19 (May 27, 2010). 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• do not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L.104–4); 

• do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

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

• are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• are not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• do not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule does not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the 

determination does not have substantial 

direct effects on an Indian Tribe. There 

are no Indian Tribes located within the 

Atlanta nonattainment area. 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control. 

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

Dated: January 24, 2013. 

Gwendolyn Keyes Fleming, 

Regional Administrator, Region 4. 

[FR Doc. 2013–02380 Filed 2–1–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

49 CFR Parts 1247 and 1248 

[Docket No. EP 431 (Sub-No. 4)] 

Review of the General Purpose 

Costing System 

AGENCY: Surface Transportation Board. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: Through this Notice of 

Proposed Rulemaking, the Surface 

Transportation Board (Board) is 

proposing certain changes to its general 

purpose costing system, the Uniform 

Railroad Costing System (URCS). 

Specifically, the Board is proposing to 

adjust how URCS calculates certain 

system-average unit costs in Phase II, 

thereby obviating the need for URCS to 

apply a separate make-whole 

adjustment in Phase III. The Board is 

also proposing other related changes to 

URCS that would result in more 

accurate movement costs, as well as 

changes to two of its reporting 

requirements. 

DATES: Comments are due by March 21, 

2013; replies are due by April 22, 2013. 

ADDRESSES: Comments may be 

submitted either via the Board’s e-filing 

format or in the traditional paper 

format. Any person using e-filing should 

attach a document and otherwise 

comply with the instructions at the ‘‘EFiling’’ link on the Board’s Web site, at 

http://www.stb.dot.gov. Any person 

submitting a filing in the traditional 

paper format should send an original 

and 10 copies to: Surface Transportation 

Board, Attn: Docket No. EP 431 (SubNo. 4), 395 E Street SW., Washington, 

DC 20423–0001. 

FOR FURTHER INFORMATION CONTACT: The 

Board’s Office of Public Assistance, 

Governmental Affairs, and Compliance 

at (202) 245–0238. Assistance for the 

hearing impaired is available through 

the Federal Information Relay Service 

(FIRS) at (800) 877–8339. 

SUPPLEMENTARY INFORMATION: In 1989, 

the Board’s predecessor, the Interstate 

Commerce Commission (ICC), adopted 

URCS as its general purpose costing 

system. Adoption of the Unif. R.R. 

Costing Sys. as a Gen. Purpose Costing 

Sys. for All Regulatory Costing 

Purposes, 5 I.C.C.2d 894 (1989). The 

Board uses URCS for a variety of 

regulatory functions. URCS is used to 

make the jurisdictional determination in 

railroad maximum rate reasonableness 

proceedings, as well as the revenue 

allocation methodology and rate 

prescription methodology. URCS is also 

used to develop variable costs for 

making cost determinations in 

abandonment proceedings; to provide 

the railroad industry and shippers with 

a standardized costing model; to cost 

the Board’s Car Load Waybill Sample to 

develop industry cost information; and 

to provide interested parties with basic 

cost information. URCS develops a 

regulatory cost estimate that can be 

applied to a service that occurs 

anywhere on a rail carrier’s system. 

URCS develops these cost estimates 

through three distinct phases. In Phase 

I, which was completed one time when 

URCS was originally developed, 

regression analyses were performed 

using the annual reports submitted by 

Class I rail carriers (R–1 reports) at the 

time and equations linking expense 

account groupings with particular 

measures of railroad activities were 

estimated. In Phase II, which is 

performed annually, URCS takes the 

aggregated cost data provided by Class 

I carriers in their most recent R–1 

reports and disaggregates them by 

calculating the system-average unit 

costs associated with specific rail 

activites. In Phase III, URCS takes the 

unit costs from Phase II and applies 

them to the characteristics of a 

particular movement in order to 

calculate the system-average variable 

and total costs of that movement. 

The ICC and now the Board have 

made modest adjustments to URCS over 

the years.1 In August 2009, the Senate 

Committee on Appropriations directed 

the Board to submit a report providing 

options for updating URCS. In the report 

submitted by the Board in May 2010, 

the Board identified the ‘‘make-whole 

adjustment’’ as one area that warranted 

further review.2 This rulemaking is 

intended to address concerns with the 

make-whole adjustment in URCS. 

The make-whole adjustment is 

applied by URCS to correct the fact that, 

when disaggregating data and 

calculating system-average unit costs in 

Phase II, URCS currently does not take 

into account the economies of scale 

realized from larger shipment sizes. The 

purpose of the make-whole adjustment, 

which is calculated and applied in 

Phase III, is to recognize the efficiency 

savings that a carrier obtains in its 


sroberts on DSK5SPTVN1PROD with PROPOSALS