Federal Register: December 11, 2001 (Volume 66, Number 238)
DOCID: FR Doc 01-30587
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
GA ID: [GA-57-200209; FRL-7116-1]
NOTICE: PROPOSED RULES
ACTION: Air quality implementation plans; approval and promulgation; various States:
DOCUMENT ACTION: Supplemental proposed rule.
SUBJECT CATEGORY:
Potential Clean Air Reclassification and Notice of Potential Eligibility for Attainment Date Extension and Approval of Attainment Demonstration, Georgia: Atlanta Nonattainment Area; Ozone
DATES: Comments must be received on or before January 25, 2002.
DOCUMENT SUMMARY:
On July 17, 2001, the Georgia Environmental Protection Division (GAEPD) submitted to EPA a revised 1hour ozone attainment demonstration for the Atlanta 1Hour Ozone Nonattainment area (Atlanta area) that replaces the attainment demonstration submitted to EPA on October 28, 1999. The new submittal contains revised motor vehicle emissions budgets (MVEB), a request for an attainment date extension to November 15, 2004, a revised partnership for a smog free Georgia (PSG) program and the reasonably available control measure (RACM) analysis. GAEPD also commits to perform an early assessment of the Atlanta Ozone Attainment State Implementation Plan (SIP) and submit it to EPA by November 15, 2003.
EPA is proposing to approve the attainment demonstration, including the components listed above, and to grant an attainment date extension, pursuant to EPA's ``Guidance on Extension of Air Quality Attainment Dates for Downwind Transport Areas.'' The extension policy applies where pollution from upwind areas interferes with the ability of a downwind area to demonstrate attainment with the 1hour ozone national ambient air quality standard (NAAQS) by the dates prescribed in the Clean Air Act, as amended in 1990 (CAA). As an alternative to reclassification for areas affected by transport, the extension policy provides that an area, such as Atlanta, is eligible for an attainment date extension if it can make submissions that meet certain conditions. EPA is proposing that the Atlanta area meets all of the required conditions.
In the alternative, EPA is proposing to find that the Atlanta area has failed to attain the 1hour ozone NAAQS by November 15, 1999, the date set forth in the CAA for serious nonattainment areas. If EPA finalizes this finding, the Atlanta area would be reclassified, by operation of law, as a severe nonattainment area. EPA is also taking comment on a proposed schedule for submittal of the SIP revisions required for severe areas should the area be reclassified.
This attainment demonstration relies on the benefits from Georgia's rule ``(bbb) Gasoline Marketing'' as submitted to EPA on August 21, 2001. EPA will be proposing action on this rule, as well as the fuel waiver request, which was submitted to EPA on May 31, 2000, in a separate Federal Register action.
SUMMARY:
Georgia,
SUPPLEMENTAL INFORMATION
Table of Contents
I. National Ambient Air Quality Standards
II. Ozone National Ambient Air Quality Standards
III. Atlanta 1Hour Ozone Nonattainment Area
IV. Background on Attainment Demonstration Submissions
2004 Attainment Demonstration Background
V. Evaluation of the 2004 Attainment Demonstration
Identification of Additional Reductions Needed for Attainment
Development of the 2004 Emissions Inventory
2004 Attainment Assessment
2004 Air Quality Assessment for Emissions Changes
Reasonably Available Control Measures Analysis (RACM)
2004 Motor Vehicle Emissions Budget
Partnership for a Smog Free Georgia
Commitment to MidCourse Review
Summary of the 2004 Attainment Demonstration Evaluation VI. Attainment Date Extension
VII. Proposed Finding of Nonattainment
VIII. Reclassification
IX. Contingency Measures
X. Proposed Action
XI. Administrative Requirements
I. National Ambient Air Quality Standards
Since the CAA's inception in 1970, EPA has set NAAQS for six common air pollutants: carbon monoxide, lead, nitrogen dioxide, ozone, particulate matter, and sulfur dioxide. The CAA requires these standards be set at levels that protect public health and welfare with an adequate margin of safety. These standards present state and local governments with the air quality levels they must meet to achieve clean air. Also, these standards allow the American people to assess whether or not the air quality in their communities is healthful.
II. Ozone National Ambient Air Quality Standards
The 1hour ozone NAAQS of 0.12 parts per million (ppm) was promulgated in 1979 and areas were designated and classified as attainment/unclassifiable or nonattainment pursuant to the 1990 CAA amendments. It is the designation and classification of the Atlanta area relative to the 1hour ozone NAAQS that is addressed in this document.
III. Atlanta 1Hour Ozone Nonattainment Area
The Atlanta 1hour ozone nonattainment area consists of the following counties: Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding and Rockdale.
Under section 107(d)(1)(C) of the CAA, each ozone area designated nonattainment for the 1hour ozone NAAQS prior to enactment of the 1990 CAA amendments, such as the Atlanta area, was designated nonattainment by operation of law upon enactment of the 1990 amendments. Under section 181(a) of the Act, each ozone area designated nonattainment under section 107(d) was also classified by operation of law as ``marginal,'' ``moderate,'' ``serious,'' ``severe,'' or ``extreme,'' depending on the severity of the area's air quality problem. These nonattainment designations and classifications were codified in 40 CFR part 81 (see 56 FR 56694, November 6, 1991). The design value for an area, which characterizes the severity of the air quality problem, is represented by the highest design value at any individual ozone monitoring site (i.e., the highest of the fourth highest 1hour daily maximums in a given threeyear period with complete monitoring data). Table 1 in section 181(a) provides the design value ranges for each nonattainment classification. Ozone nonattainment areas with design values between 0.160 ppm and 0.180 ppm for the three year period 1987 1989 were classified as serious. The Atlanta area design value was 0.162 ppm and thus the area was classified as serious.
Under section 182(c) of the CAA, states containing areas that were classified as serious nonattainment were required to submit SIPs to provide for certain controls, to show progress toward attainment, and to provide for attainment of the ozone NAAQS as expeditiously as practicable but no later than November 15, 1999.
IV. Background on Attainment Demonstration Submissions
The CAA requires serious areas to use a photochemical grid model to demonstrate attainment with the 1hour ozone NAAQS. EPA's guidance provides that states may also rely on a weight of evidence (WOE) analysis to support attainment if the modeled demonstration does not facially demonstrate that the area will attain by the attainment date.
On October 28, 1999, the GAEPD submitted to EPA a 1hour ozone
attainment demonstration for the Atlanta area that was based on
photochemical grid modeling and also provided a WOE analysis to support
attainment. In addition, Georgia requested that the Atlanta area
attainment date be extended to November 15, 2003. The request for an
extension of the attainment date was based on the belief that ozone is
transported from upwind areas and affects the ability of the downwind
area to attain the 1hour ozone NAAQS. Thus, emission reductions that
were going to be achieved by upwind states under EPA's final
NO
In the October 28, 1999, SIP, as part of the WOE analysis, GAEPD
committed to identify and adopt regulations to achieve additional
reductions of NO
[[Page 63974]]
and waiver issues. EPA received comments on the December 1999 proposal
during the comment period. All relevant comments pertaining to the
December 1999 proposal, as well as this supplemental proposal, will be
addressed in the final action pertaining to the 1hour ozone attainment
demonstration for the Atlanta area. Detailed information on the 2003
based attainment photochemical modeling demonstration, the supplemental
WOE analysis and EPA modeling requirements are contained in the
Technical Support Document (TSD) for the December 16, 1999 Federal
Register document. Copies of this TSD can be obtained from the EPA contact listed in the addresses section of this document.
\1\ ``Guidance for Improving Weight of Evidence Through
Identification of Additional Emission reductions, Not Modeled.''
U.S. Environmental Protection Agency, Office of Air Quality Planning
and Standards, Emissions, Monitoring, and Analysis Division, Air
Quality Modeling Group, Research Triangle Park, NC 27711. November
1999. Web site: http:/www.epa.gov/ttn/scram/ See file ADDWOE1H.
The GAEPD submitted revisions to the attainment demonstration, including the additional adopted emission control regulations identified as part of the WOE analysis as necessary to attain the standard, to EPA on January 31, 2000, and July 31, 2001. EPA proposed approval of the emission control regulations on December 18, 2000 (65 FR 79034), and granted final approval on July 10, 2001 (66 FR 35906).
On July 17, 2001, the State submitted a revised attainment demonstration, which relied upon emission reductions from the State's low sulfur fuel rule``(bbb) Gasoline Marketing''and included a commitment to perform an early attainment assessment. As described more fully below, in this action, EPA is proposing to approve the revised attainment demonstration (including a new request to extend the attainment date to 2004) and the commitment to perform an early attainment assessment. EPA will propose action on the revised low sulfur rule and an associated fuel waiver request that was submitted on May 31, 2000, and revised on November 4, 2001, in a separate document. However, because the State is relying on the low sulfur rule and the associated waiver request as part of it's attainment demonstration, EPA cannot take final action approving the attainment demonstration unless and until EPA takes final action approving the low sulfur fuel rule and the associated waiver request.
2004 Attainment Demonstration Background
The photochemical grid ozone modeling performed for the Atlanta 1 hour ozone nonattainment area is based on an emissions projection to 2003, the attainment extension year that the GAEPD requested of EPA in its October 28, 1999, submittal. Under a WOE determination, a state can rely on, and EPA will consider, factors such as other modeled attainment tests, e.g., a rollback analysis; other modeled outputs, e.g., changes in the predicted frequency and pervasiveness of exceedances and predicted changes in the design value; actual observed air quality trends; estimated emissions trends; analyses of monitored air quality data; the responsiveness of the model predictions to further controls; and, whether there are additional control measures that are or will be approved into the SIP but were not included in the modeling analysis. This list is not an exclusive list of factors that may be considered and these factors could vary from case to case. The EPA's guidance contains no limit on how close a modeled attainment test must be to passing to conclude that other evidence besides an attainment test is sufficiently compelling to suggest attainment. However, the further a modeled attainment test is from being passed, the more compelling the WOE needs to be.
Detailed information on the 2003 Atlanta attainment photochemical
modeling demonstration, the supplemental WOE analysis and EPA modeling
requirements are contained in the TSD for the December 16, 1999,
proposal (64 FR 70478). The 2003 modeled control strategy simulations
indicate that ozone levels in the Atlanta area would be significantly
reduced when the state and local controls identified in the October
1999 submission (and subsequently approved by EPA) and NO
Subsequent to the State's October 1999 submission and EPA's December 1999 proposed approval of the Atlanta attainment
demonstration, the source compliance date under the NO
The revised attainment demonstration submitted by the State on July
17, 2001, relies on the photochemical grid modeling that was submitted
in October 1999, but provides additional analysis. The photochemical
grid modeling demonstration assumed an attainment year of 2003. The
time and resources to redo the modeling for 2004 were not available.
Allowing additional time to redo the modeling for 2004 would not be
consistent with the CAA intent that areas come into attainment as expeditiously as practicable nor would
[[Page 63975]]
it significantly advance the technical basis for the attainment
demonstration. Therefore, EPA agreed that attainment for 2004 could be
demonstrated with the submittal of a 2004 emissions inventory as a
supplement to the 2003 demonstration, provided that the 2004 emissions
are less than or equal to the level of emissions used in the modeling.
It could then be concluded that if emissions for 2004 were modeled, the
predicted concentrations of ozone would be less than or equal to the
2003 1hour ozone concentrations modeled. If increases in the 2004
emissions were indicated, the supplemental WOE analysis would have to
demonstrate why the increase in emissions would not produce an increase
in ozone concentrations. Although a 2004 attainment year is being
proposed for approval for the Atlanta nonattainment area because of the
upwind contribution, the local controls in the attainment strategy will all be implemented no later than May 2003.
The 2004 demonstration is based on the following procedures. First, the State uses information from the photochemical grid modeling and ambient air modeling to assess whether or not additional levels of emission reductions are needed beyond those that were necessary to demonstrate attainment. This assessment was completed using the emissions projections for 2004. The second part of the analysis involves an assessment of the levels of attainment emissions for 2004 and whether or not attainment in 2004 is reasonably likely to occur. A determination was made that if the estimates of the projected 2004 emissions with controls implemented are at or below the 2003 modeled levels then attainment by 2004 is reasonably likely to occur. Both parts of the analysis are described in the following subsections. Identification of Additional Reductions Needed for Attainment
On December 16, 1999, EPA proposed to approve the 2003 attainment demonstration if the State identified, adopted, and submitted additional controls needed for attainment and revised Georgia's low sulfur fuel rule to address the enforcement and waiver issues in accordance with EPA guidance.
As provided above, the State adopted, and EPA approved, the
additional controls identified in the December 1999 proposed approval.
In identifying the additional emissions reductions needed to achieve
attainment, the State opted to implement controls outside of the
nonattainment area, thus requiring a recalculation of the emissions
reductions needed. GAEPD used EPA's ``Guidance for Improving Weight of
Evidence Through Identification of Additional Emission Reductions, Not
Modeled'' identified additional controls needed beyond those identified
in the 2003 modeling analysis. This analysis involved the use of
information from the photochemical grid modeling and ambient air
quality monitoring to estimate additional levels of emission reductions
needed for attainment of the 1hour NAAQS for ozone. GAEPD used the
analysis to identify the additional percentage reduction in
NO
Development of the 2004 Emissions Inventory
The GAEPD developed a 2004 projected emission inventory for the 4
km finegrid domain from the 2003 modeling inventory and adjusted the
projected 2004 emissions inventory with the additional emission
reductions identified through the WOE analysis. Mobile source emissions
were recalculated using the most recent data available. The emissions
from major point sources within the nonattainment area were assumed to
have zero growth from 2003 to 2004 because of the Offset Rule, 3913
1.03 section (8) (c) 13 that was adopted by the Department of Natural
Resources (DNR) Board in September of 1999 and approved by EPA on July
10, 2001. However, this assumption is conservative because the
regulation requires an offset ratio (1.2 to 1 for external; 1.3 to 1
for internal) in emissions, so point source emissions in this area
should decrease if any new sources are permitted for this area. Also,
with the new power plant offset rule in 32 counties, there should be no
growth of electric generating unit (EGU) point source NO
The 2003 onroad mobile source emissions inventory was calculated
using 12speed vehicle categories. However, the metropolitan planning
organization, the Atlanta Regional Commission (ARC), develops mobile
emissions based on 64 averaged speeds. For consistency, GAEPD and ARC
needed to develop a methodology to incorporate the higherresolution
information from ARC as well as the result from the Atlanta speed study
without revising the mobile source ozone modeling inventory software.
The speed study was conducted to update data (i.e., higher speeds and
consider the impact of congestion on speeds) for onroad mobile
emissions, based on submitted comments indicating faults in that data.
The speed study is located on the GAEPD website at http://
www.dnr.state.ga.us/dnr/environ/plans_files/plans/Speed_Study.pdf. Data
from the Atlanta Nonattainment Area Speed Study were used by ARC to
develop a typical summer day 2004 mobile source inventory. The 2003to
2004 adjustment factors for the ozone episode modeling inventories in
the 13county Atlanta nonattainment area were developed by taking the ratio of the 2004 64speed inventory to the 2003 12
[[Page 63976]]
speed inventory submitted by GAEPD in the October 28, 1999, attainment
SIP. These factors were then applied to 2003 episodedayspecific
mobile source modeling inventories to adjust them to 2004 modeling
inventories reflecting all of the mobile modeling changes between 2003
and 2004, including the revised speed data and the more disaggregate
speed averaging. For the 30 counties within the UAMIV domain but
outside the nonattainment area, an area not covered by ARC's travel
demand model, an adjustment factor (the percent difference between the
resulting 2004 30county typical summer day inventory and a 2003 30
county typical summer day mobile inventory) was applied to episodeday
specific 2003 mobile modeling inventories in the 30 attainment area
counties to produce 2004 mobile modeling inventories. EPA believes that
the projected growth rates, methodologies and emissions reductions from
the sources subject to the federal and local measures were calculated correctly.
2004 Attainment Assessment
In the 2004 attainment demonstration submitted in the July 2001
SIP, the State included a projected emissions inventory for the 2004
attainment extension year which accounts for (a) growth between 2003
and 2004; (b) the results of the speed study conducted pursuant to
comments on the December 1999 proposal; (c) correction to the PSG
voluntary program SIP reductions; (d) removal of NSR and VOC and
NO
Total................................. 591.6 604.5 12.9 Total....................... 525.8 482.1 43.7 Biogenics................................. 13.5 13.5 ............ Biogenics.................... 2261.6 2261.6 ........... 2004 Air Quality Assessment for Emissions Changes
A comparison of the 2003 and 2004 modeling inventories indicate
that NO
The submitted ratios indicate that a 41.5 TPD increase in
NO
Reasonably Available Control Measures Analysis (RACM)
Section 172(c)(1) of the CAA requires attainment demonstration SIPs
to provide for the implementation of all RACM as expeditiously as
practicable (including such reductions in emissions from existing
sources in the area as may be obtained through the adoption, at a
minimum, of reasonably available control technology, RACT) and shall
provide for the attainment of the NAAQS. EPA issued a memo dated
December 2, 1999, and entitled, ``Guidance on the Reasonably Available Control Measures (RACM) Requirement
[[Page 63977]]
and Attainment Demonstration Submissions for Ozone Nonattainment
Areas'' stating that states need to provide justification as to why
potential RACM have not been adopted. The justification should clearly
demonstrate that implementation of feasible measures will not advance
the attainment date and will not compensate for any transport
contribution such that attainment could be achieved prior to upwind
reductions. Evaluations of control measures may be based on technological or economic grounds.
The Georgia RACM analysis must address measures from any
anthropogenic source of emissions, i.e., point, area, onroad mobile or
nonroad mobile. The RACM analysis contains an exhaustive set of
control measures, addresses several reasons as to why many of the
measures have not been adopted, and contains a demonstration as to why
the implementation of remaining potential RACM by the 2003 ozone season
would not advance the attainment of the 1hour ozone NAAQS. Georgia EPD
performed a RACM analysis for potential control of NO
Each control option was evaluated according to: (1) the State's
authority to implement controls; (2) the amount of NO
The SIP for bringing the Atlanta area into compliance with the 1
hour ozone NAAQS relies upon reductions from the NO
Not all of these emissions are transported into Georgia or the
Atlanta area. Therefore, any meaningful comparison must be based on the
NO
The effect the ``remaining measures'' would have on air quality if
implemented during the 2003 ozone season is calculated by dividing the
estimated NO
[[Page 63978]]
from the NO
Approval of a RACM analysis must be done on a casebycase basis and the approval for the Atlanta area is not intended to set precedent for any other area requiring a RACM analysis or for any other pollutant.
Although EPA does not believe that section 172(c)(1) requires implementation of additional measures for the Atlanta area, this conclusion is not necessarily valid for other areas. Thus, a determination of RACM is necessary on a casebycase basis and will depend on the circumstances for the individual area. In addition, if in the future EPA moves forward to implement another ozone standard, this RACM analysis would not control what is RACM for these or any other areas for that other ozone standard.
Also, EPA has long advocated that states consider the kinds of control measures that the commenters have suggested, and EPA has indeed provided guidance on those measures. See, e.g., http://www.epa.gov/ otaq/transp.htm. In order to demonstrate that they will attain the 1 hour ozone NAAQS as expeditiously as practicable, some areas may need to consider and adopt a number of measuresincluding the kind that GAEPD evaluated in its RACM analysis that even collectively do not result in many emission reductions. Furthermore, EPA encourages areas to implement technically available and economically feasible measures to achieve emissions reductions in the short termeven if such measures do not advance the attainment datesince such measures will likely improve air quality. Also, over time, emission control measures that may not be RACM now for an area may ultimately become feasible for the same area due to advances in control technology or more costeffective implementation techniques. Thus, areas should continue to assess the state of control technology as they make progress toward attainment and consider new control technologies that may in fact result in more expeditious improvement in air quality.
2004 Motor Vehicle Emissions Budgets
The MVEB for 2004 were calculated using the revised speeds, updated
registration data, updated vehicle miles traveled (VMT), and projected
2004 VMT, and the control measures identified in the 1hour ozone
attainment demonstration for the Atlanta area. The resulting budgets
are 106.25 and 225.12 tons per typical summer day of VOC and NO
These MVEB reflect the most uptodate mobile modeling assumptions including 2004 VMT projected from the travel demand model for the Atlanta area and July 2004 emission factors from EPA's MOBILE5b emission factor model and 1999 vehicle registration data, which was the most recent available data at the time of SIP adoption. The control measures identified and modeled for mobile emissions used to establish the MVEB, along with other control measures in this plan, will result in attainment of the 1hour ozone NAAQS by 2004.
The GAEPD has provided a clearly identified conformity budget for which the Region has initiated the adequacy review process. Comments received during the public comment period are being addressed and the response to these comments will be posted on the agency's internet location at http://www.epa.gov/otaq/transp/conform/adequacy.htm. (Memorandum, ``Conformity Guidance on Implementation of March 2, 1999 Conformity Court Decision,'' from Gay MacGregor, Director, Regional and State Programs Division, Office of Mobile Sources, issued May 14, 1999, to Regional Air Division Directors.)
EPA is proposing to approve the 2004 MVEB because they are based on the most recent data, they reflect reductions from the control measures included in the attainment demonstration and they are consistent with the overall attainment demonstration. However, a final decision on adequacy will be made on a later date.
Partnership for a Smog Free Georgia
In 1997, EPA published the ``Voluntary Mobile Source Emission
Policy'' (VMEP) in order to assist states considering nonregulatory
emission strategies, which are generally not effective on a mandatory
basis. The VMEP policy allows states to take credit for expected
emission reductions from voluntary mobile source programs, and allows
states to take credit for up to 3 percent of the total emission
reductions needed for attainment through the VMEP policy. Georgia is
using this policy to take credit for its PSG program. The PSG promotes
effective voluntary actions that employers, their employees and general
residents in the region can take to help improve air quality in the
metro Atlanta region during the ozone season. Since 1997, EPA and the
State have been working to evaluate the PSG program and its
corresponding emission reductions. It was agreed that the best way to
evaluate the program was to set VMT emission targets based on
assumptions which are consistent with the existing emission models and
travel demand models used in the region. The program assumes that 20
percent of the PSG program members will use a nonsingle occupancy
vehicle (SOV) method to commute to work. Data collected between 1997
and 2000 indicates that nonPSG partners also change commuter patterns
and that about 40 percent of the nonPSG commuters use nonSOV methods
to get to work at least one day per week. However, due to programmatic
uncertainty, the State reduced this expectation by 75 percent and is
assuming 10 percent of all nonPSG program commuters will commute using
nonSOV methods. This assumption is consistent with the VMEP policy
regarding programmatic uncertainty. The GAEPD has committed to
attaining 4.28 tpd of NO
The VMEP policy allows the State to take credit for projected emission reductions without the need for preapproved contingency measures should the program fall short of the expected emission reductions. However, the State has committed to meeting the specific emission targets and will make up any emission reduction shortfall through other means. The State has demonstrated that it has sufficient funding to implement an effective program and is committed to annual program evaluation to ensure that target levels are met. In addition, the State is committing to provide annual evaluation reports to EPA each February 1 beginning in 2002. The State will use these evaluations to adjust the PSG program prior to the 2004 attainment date if needed to ensure that target levels are met or the emission reductions are achieved through other means. Additional information can be found in the corresponding TSD. Therefore, EPA is proposing to approve the PSG program, its evaluation procedures, and the expected emission reduction targets as an enforceable part of the SIP.
Commitment to MidCourse Review
A midcourse review (MCR) is a reassessment of modeling analyses
and more recent monitored data to determine if a prescribed control
strategy is resulting in emission reductions and air quality
improvements needed to attain the ambient air quality standard for ozone
[[Page 63979]]
as expeditiously as practicable but no later than the statutory dates.
The EPA believes that a commitment to perform a MCR is a critical element of the WOE analysis for the attainment demonstration on which EPA is proposing to take action today. In order to approve the attainment demonstration SIP for the serious areas requesting an attainment date extension to a year prior to 2005, a review that occurs at a midpoint prior to the attainment date would be impractical in terms of timing. Therefore, for these areas, the State's commitment to an MCR would be a commitment to perform an early attainment assessment to be submitted by the end of the attainment year (e.g., 2003). GAEPD has committed to perform an early attainment assessment of the Atlanta 1hour ozone attainment demonstration and submit it to EPA by November 15, 2003.
Summary of the 2004 Attainment Demonstration Evaluation
The ozone attainment demonstration for the Atlanta 1hour ozone SIP, as submitted on July 17, 2001, contains modeling that was developed according to EPA recommended modeling protocols. Based on the results of the modeling plus additional WOE analysis, the supplemental assessment for attainment in 2004, the suite of control measures to be implemented by 2003 and the RACM analysis, EPA is proposing that the State has adequately demonstrated that the Atlanta area will attain the 1hour ozone NAAQS by the end of the 2004 ozone season. Prior to, or simultaneous with, taking final action on this proposal, EPA will need to take action on the Georgia fuel rule and the associated fuel waiver request.
VI. Attainment Date Extension
EPA's policy regarding an extension of the ozone attainment date for areas affected by transport was set forth in a July 16, 1998, guidance Memorandum entitled ``Extension of Attainment Dates for Downwind Transport Areas'' which was published in a notice of interpretation on March 25, 1999 (64 FR 12221). In it, EPA set forth its interpretation of the CAA regarding the extension of attainment dates for ozone nonattainment areas that have been classified as moderate or serious for the 1hour ozone NAAQS, and which are downwind of areas that have interfered with the moderate and serious nonattainment areas's attainment of the ozone NAAQS by dates prescribed in the CAA. EPA stated that it will consider extending the attainment date for an area or a state that:
a. Has been identified as a downwind area affected by transport from either an upwind area in the same state with a later attainment date or an upwind area in another state that significantly contributes to downwind ozone nonattainment;
b. Has submitted an approvable attainment demonstration with any
necessary, adopted local measures, and with an attainment date that
shows it will attain the 1hour NAAQS no later than the date that the
emission reductions are expected from upwind areas in the final
NO
c. Has adopted all applicable local measures required under the area's current ozone classification and any additional emission control measures demonstrated to be necessary to achieve timely attainment, assuming the emission reductions occur as required in the upwind areas; and
d. Has provided that it will implement all adopted measures as
expeditiously as practicable, but no later than the date by which the upwind reductions needed for attainment will be achieved.
EPA proposes that the Atlanta area has satisfied the criteria for an attainment date extension as follows.
(i) The State has cited EPA's NO
(ii) As explained elsewhere in this notice, the GAEPD has submitted
an attainment demonstration that EPA believes is approvable. All of the
local control measures relied upon in the attainment demonstration have
been adopted and submitted to EPA. These measures include all serious
area requirements under section 182(c) and the additional controls
discussed in the December 16, 1999, proposal (64 FR 70478) and the July 10, 2001, (66 FR 35906) final rule.
(iii) The GAEPD has adopted all local measures required by section
182(c) of the CAA for the Atlanta serious nonattainment area. (See 59
FR 46176, 60 FR 12691, 60 FR 66150, 61 FR 3819, 62 FR 42918, 64 FR
20188). Additionally, see discussion of contingency measures discussed below.
(iv) With respect to implementation of all adopted measures as
expeditiously as practicable but no later than the time upwind controls
are expected, the Atlanta SIP requires that all local control measures
needed for attainment be in place by May 1, 2003, or earlier. The
upwind areas identified above are required to implement controls
consistent with the NO
EPA proposes, based on the above discussion, that the Atlanta SIP
has met the criteria for an attainment date extension. Therefore, EPA
is proposing to extend the attainment date for the Atlanta area to
November 15, 2004, to allow the reductions in transport to occur before
attainment is required. This does not affect the GAEPD's obligation to
implement the remaining local measures by the dates required in the
approved SIP regulations. Additional background information on EPA's
attainment date extension policy can be found in the following Federal Register notices:
64 FR 12284.......................... March 18, 1999.
64 FR 18864.......................... April 16, 1999.
64 FR 27734.......................... May 21, 1999.
64 FR 70459.......................... December 16, 1999.
65 FR 20404.......................... April 17, 2000.
66 FR 586............................ January 3, 2001.
66 FR 634............................ January 3, 2001.
66 FR 666............................ January 3, 2001.
66 FR 17647.......................... April 3, 2001.
66 FR 20122.......................... April 19, 2001.
66 FR 26913.......................... May 15, 2001.
66 FR 33996.......................... June 26, 2001.
VII. Proposed Finding of Nonattainment
Table 2 lists the number of exceedances of the 1hour ozone NAAQS
for each monitor in the Atlanta nonattainment area for the period 1997
1999. The ozone design value for each monitor is also listed for the
same period. A complete listing of the ozone exceedances for each monitoring site, as
[[Page 63980]]
well as EPA's calculations of the design values, can be found in the
docket file. For the three year period ending in 1999 (i.e., 1997
1999), the design value for the Atlanta area was 0.156 ppm. For this
three year period and each three year period thereafter, the Atlanta
area had a design value greater than 124 ppm. Therefore, if EPA does
not approve an attainment date extension for Atlanta pursuant to
section 181(b)(2)(A) of the CAA, EPA proposes to find that the Atlanta
area did not attain the 1hour NAAQS by the November 15, 1999, statutory attainment deadline.
Table 2.Air Quality Monitoring Data for the Atlanta Area 19971999
Annual
Total average Design value
Site ID County exceedances expected (ppms)
9799 exceedances
130890002........................... DeKalb.................. 16 6.7 0.142
130893001........................... DeKalb.................. 10 4.4 0.135
130970004........................... Douglas................. 9 3.5 0.131
131210055........................... Fulton.................. 28 10.8 0.156
131350002........................... Gwinnett................ 7 2.9 0.138
132230003........................... Paulding................ 3 1.1 0.124
132470001........................... Rockdale................ 28 10.3 0.153
* Only monitors with three complete years of data were used for these calculations. VIII. Reclassification
Section 181(b)(2)(A) of the CAA requires that, when an area is
reclassified for failure to attain, its reclassification be the higher
of the next higher classification or the classification applicable to the area's ozone design value at the time the notice of
reclassification is published in the Federal Register. Section
181(b)(2)(A)(ii) provides that no area shall be reclassified as
Extreme. The Atlanta area is a serious nonattainment area with a design
value of 0.156 ppm. Therefore, if EPA finalizes the finding of failure
to attain, the Atlanta area would be reclassified, by operation of law, as a severe nonattainment area.
Section 182(i) states that the Administrator may adjust applicable deadlines (other than attainment dates) to the extent such adjustment is necessary or appropriate to assure consistency for submission of the new requirements applicable to an area which has been reclassified. An area reclassified to severe is required to submit SIP revisions addressing the severe area requirements for the 1hour ozone NAAQS in section 182(d).
If the Atlanta area is reclassified to severe, EPA must also address the schedule by which Georgia is required to submit SIP revisions meeting the severe area requirements. EPA is proposing to require that the State submit SIP revisions containing all the severe area requirements no later than 12 to 18 months after final action on the reclassification. EPA is soliciting comments pertaining to the time frame for SIP submission. This submission would include a new attainment demonstration and all additional measures required by section 182(d) of the CAA. The additional measures include, but are not limited to, the following: (1) the use of reformulated gasoline in the nonattainment area, (2) the new source review offset requirements would increase from 1.2 to 1 to 1.3 to 1, (3) the definition of a major source would decrease from 50 tons per year to 25 tons per year, and (4) sources in the nonattainment area could be subject to enforcement penalties for failure to attain. Additionally, the attainment date will be as expeditiously as practicable, but no later than 2005. IX. Contingency Measures
Section 172(c)(9) and 182(c)(a) of the Act require SIPs to contain additional measures that will take effect without further action by the state or EPA if an area fails to attain the standard by the applicable date or to meet rateofprogress (ROP) deadlines. The CAA does not specify how many contingency measures are needed or the magnitude of emissions reductions that must be provided by these measures. However, EPA provided guidance interpreting the control measure requirements of 172(c)(1) and 182(c)(a) in the April 16, 1992, General Preamble for Implementation of the CAA (see 57 FR 13498, 13510). In that guidance, EPA indicated that states with moderate and above ozone nonattainment areas should include sufficient contingency measures so that, upon implementation of such measures, additional emissions reductions of up to 3 percent of the emissions in the adjusted base year inventory (or such lesser percentage that will cure the identified failure) would be achieved in the year following the year in which the failure has been identified. States must show that their contingency measures can be implemented with minimal further action on their part and with no additional rulemaking actions such as public hearings or legislative reviews. The additional 3 percent reduction would ensure that progress toward attainment occurs at a rate similar to that specified under the reasonable further progress requirements for moderate areas (i.e., 3 percent per year), and that the state will achieve these reductions while conducting additional control measure development and implementation as necessary to correct the shortfall in emissions reductions.
EPA has also determined that federal measures can be used to analyze whether the contingency measure requirements of section 179(c)(9) and 182(c)(a) have been met. While these measures are not SIPapproved contingency measures which would apply if an area fails to attain, EPA believes that existing federally enforceable measures can be used to provide the necessary substantive relief. Therefore, federal measures may be used in the analysis, to the extent that the attainment demonstration does not rely on them or take credit for them (see, e.g., 66 FR 586, 615 (January 3, 2001)).
EPA believes the contingency measure requirements of sections
172(c)(9) and 182(c)(9) are independent requirements from the
attainment demonstration requirements under sections 172(c)(1) and
182(c)(2)(A) and the ROP requirements under sections 172(c)(2) and
182(c)(2)(B). The contingency measure requirements are to address the
event that an area fails to meet a ROP milestone or fails to attain the
ozone NAAQS by the attainment date established in the SIP. The
contingency measure requirements have no bearing on whether a state has
submitted a SIP that projects attainment of the ozone NAAQS or the
required ROP reductions toward attainment. The attainment or ROP SIP provides a
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demonstration that attainment or ROP requirements ought to be
fulfilled, but the contingency measure SIP requirements concern what is
to happen only if attainment or ROP is not actually achieved. The EPA
acknowledges that contingency measures are an independently required
SIP revision, but does not believe that submission of contingency
measures is necessary before EPA may approve an attainment or ROP SIP.
However, EPA believes that areas should have sufficient reductions to
meet contingency measure requirements, even if a contingency measure
SIP has not been approved, in order to receive an attainment date extension.
EPA has examined the 15 percent ROP and 9 percent ROP plans which
were submitted to EPA on June 17, 1996. EPA believes that contingency
measure requirements can be met by surplus reductions achieved in the
ROP plans. EPA granted approval to the 15 percent ROP in a Federal
Register published on April 26, 1999, (64 FR 20186). The 9 percent ROP
was approved in a Federal Register published on March 18, 1999, (64 FR
13348). Detailed information relating to the calculation of Georgia's
1990 adjusted baseline inventory for VOC and NO
Additionally, EPA examined the attainment demonstration for the
Atlanta area submitted on July 17, 2001, for contingency measures.
Although no measures have been specifically designated as contingency
measures, EPA has found that measures that could reasonably constitute
appropriate contingency measures are already contained in the SIP or
exist in promulgated federal regulations. These measures include EPA's
Tier 2 tailpipe standards, national low emission vehicle program, heavy
duty diesel emission standards for 2004. Additionally, the Atlanta area
will benefit from fleet turnover, as well as an additional model year
of light duty vehicles subject to onboard diagnostic (OBD) testing.
These measures will continue to provide reductions after November 2004,
the attainment date EPA is proposing to approve for the Atlanta area.
The measures are estimated to reduce emissions in the area by 1.45
percent of the 1990 VOC adjusted baseline emissions and 3.31 percent of
the 1990 NO
X. Proposed Action
Today, EPA is proposing to approve the 1hour ozone attainment demonstration for the Atlanta area as submitted on July 17, 2001, the RACM analysis, commitment to perform an early attainment assessment, contingency measures, the 2004 MVEB, PSG program and to extend the attainment date to November 15, 2004. In the alternative, EPA is proposing to find that the Atlanta area failed to attain the 1hour ozone NAAQS by November 15, 1999. Should EPA not take final action to approve the attainment demonstration and extend the attainment date, EPA is also proposing, in the alternative, to reclassify the Atlanta area to severe. In such case, additional Federal Register action will be taken to set the appropriate submittal dates for any additional measures required for severe areas and the attainment date. XI. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed action is not a ``significant regulatory action'' and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This proposed action merely proposes to approve state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 1044).
This proposed rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also doe
FOR FURTHER INFORMATION CONTACT
Scott M. Martin, EPA Region 4, (404) 5629036 or email: martin.scott@epa.gov.