[Federal Register Volume 66, Number 238 (Tuesday, December 11, 2001)]
[Proposed Rules]
[Pages 63972-63982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30587]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[GA-57-200209; FRL-7116-1]


Potential Clean Air Reclassification and Notice of Potential 
Eligibility for Attainment Date Extension and Approval of Attainment 
Demonstration, Georgia: Atlanta Nonattainment Area; Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Supplemental proposed rule.

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SUMMARY: On July 17, 2001, the Georgia Environmental Protection 
Division (GAEPD) submitted to EPA a revised 1-hour ozone attainment 
demonstration for the Atlanta 1-Hour 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 1-hour 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 1-hour 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.

DATES: Comments must be received on or before January 25, 2002.

ADDRESSES: All comments should be addressed to: Scott M. Martin at the 
EPA, Region 4 Air Planning Branch, 61 Forsyth Street, SW., Atlanta, 
Georgia 30303-8960.
    Copies of the State submittals are available at the following 
addresses for

[[Page 63973]]

inspection during normal business hours:

Environmental Protection Agency, Region 4, Air Planning Branch, 61 
Forsyth Street, SW, Atlanta, Georgia 30303-8960.
Air Protection Branch, Georgia Environmental Protection Division, 
Georgia Department of Natural Resources, 4244 International Parkway, 
Suite 120, Atlanta, Georgia 30354. Telephone (404) 363-7000.

FOR FURTHER INFORMATION CONTACT: Scott M. Martin, EPA Region 4, (404) 
562-9036 or email: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. National Ambient Air Quality Standards
II. Ozone National Ambient Air Quality Standards
III. Atlanta 1-Hour 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 Mid-Course 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 1-hour 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 1-hour ozone NAAQS that is addressed in this 
document.

III. Atlanta 1-Hour Ozone Nonattainment Area

    The Atlanta 1-hour 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 1-hour 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 1-hour daily 
maximums in a given three-year 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 1-hour 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 1-hour 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 1-hour ozone NAAQS. Thus, emission reductions that 
were going to be achieved by upwind states under EPA's final 
NOX SIP Call rule, published on October 27, 1998 (63 FR 
57356), by May 1, 2003, were critical to the State's demonstration that 
Atlanta would attain the standard by November 2003. The states 
identified in EPA's final NOX SIP Call rule as affecting 
Atlanta are Alabama, Kentucky, North Carolina, South Carolina and 
Tennessee.
    In the October 28, 1999, SIP, as part of the WOE analysis, GAEPD 
committed to identify and adopt regulations to achieve additional 
reductions of NOX and VOC emissions as needed for attainment 
and to implement these control measures by May 1, 2003.\1\ On December 
16, 1999, EPA proposed approval of the attainment demonstration and the 
request for an extension of the attainment date in the Federal Register 
(64 FR 70478), provided that the State would take several actions 
before final approval: (1) fulfill the commitments to adopt additional 
VOC and NOX controls necessary to attain the standard and to 
perform and to complete an early attainment assessment--i.e., prior to 
the attainment date--of whether the area will attain; and (2) revise 
the State's low sulfur fuel rule to address enforcement

[[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 1-hour 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.
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    \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.
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    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 NOX 
SIP Call plans in upwind states are implemented. Even though the 
statistical and deterministic modeled attainment tests and the modeling 
exceedance test used in the photochemical grid modeling assessment for 
attainment are not satisfied, there were several reasons to believe 
that Atlanta could reasonably attain the 1-hour ozone NAAQS in 2004 
through the development of a WOE analysis for the 2003 demonstration. 
The WOE submitted as a part of the attainment demonstration for the 
October 28, 1999, Atlanta SIP includes: (a) an estimate of additional 
reductions needed for attainment, calculated without the use of 
additional photochemical grid modeling, (b) estimates of the future 
design value using EPA's modeling of the NOX SIP Call; and 
(c) estimates of the future design value using the Relative Reduction 
Factor (RRF) analysis. The additional reductions identified by this 
method, considered along with the results of the Urban Airshed Model 
(UAM) modeled attainment tests and other weight of evidence presented 
in the technical analyses for the attainment demonstration, indicate 
the area would attain the 1-hour ozone NAAQS by November 2003. This 
analysis strengthens the WOE and accounts for high modeled peaks by 
estimating the additional measures that at a minimum bring the model 
estimated future ozone design value to 124 parts per billion (ppb) or 
below. An air quality and emissions trends analysis is also reviewed as 
a part of the WOE analysis in attainment demonstrations for other urban 
areas. Though not submitted as part of Georgia's WOE, EPA considered 
that air quality in Georgia has improved since the 1980s. The average 
design value of 162 ppb in the 1980s had decreased to an average design 
value of 148 ppb in the 1990s. This improvement in air quality has 
occurred despite growth. The reductions associated with VOC and 
NOX reductions implemented in 1999 appear to be beneficial.

V. Evaluation of the 2004 Attainment Demonstration

    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 NOX SIP 
Call rule was extended from May 1, 2003 to May 31, 2004. In May 1999, 
the Court of Appeals for the District of Columbia Circuit stayed the 
obligation of states to submit SIPs in response to EPA's NOX 
SIP Call rule, pending litigation over the rule. In March 2000, the 
Court issued an opinion largely upholding the SIP Call rule. In later 
rulings in the summer of 2000, the Court lifted the stay of the SIP 
submission obligation, but provided that since SIP submissions were 
delayed, EPA could not mandate that states require sources to comply 
with state-adopted rules under the SIP Call earlier than May 31, 2004. 
Because the source compliance date under the SIP Call was delayed, 
Georgia determined that it could not attain in the year preceding the 
source-compliance date under the SIP and submitted a revised SIP 
requesting an attainment date of November 2004.
    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 1-hour 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 1-hour NAAQS for ozone. GAEPD used the 
analysis to identify the additional percentage reduction in 
NOX and VOC from the 1996 emissions base year that are 
needed for attainment. The method is based on the assumption that the 
relationship between ozone and its precursors (VOC and NOX) 
can be calculated. A detailed discussion of the steps used in the 
analysis to calculate the additional emission reductions needed for 
attainment is provided in the TSD which can be obtained from the 
Regional Office staff contact. GAEPD's application of this analysis 
estimated that additional reductions of 3.94 percent NOX and 
3.59 percent VOC were needed to attain by 2003. This equates to an 
additional reduction of 35.75 tons per day (TPD) NOX and 
20.81 TPD VOC. To achieve these reductions the GAEPD adopted and 
implemented open burning prohibition regulations outside the 
nonattainment area, additional electric generating units regulations 
applicable to power plants, and a new combustion rule. An excess of 
reductions of 5.6 TPD NOX and 6.0 TPD VOC were available 
beyond the needed reductions for attainment.

Development of the 2004 Emissions Inventory

    The GAEPD developed a 2004 projected emission inventory for the 4-
km fine-grid 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, 391-3-
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 NOX 
(i.e., >50 TPD in 13 counties, > 100 TPD in 32 counties) emissions. 
Furthermore, zero growth should have been assumed in projecting the 
1999 point source emissions in the nonattainment area to 2003 for the 
2003 modeling. Therefore, the 2003 modeling inventory contains 
approximately 2 to 3 TPD more NOX emissions in the 
nonattainment area than it should in Table 2. In the remainder of the 
fine-grid domain, the Emission Processing System 2 (EPS2) was used to 
grow point sources outside the 13-County Atlanta nonattainment area to 
2004 by applying the appropriate Bureau of Economic (BEA) projection 
factors to 2003 emission rates for the relevant industry. The emissions 
from non-road mobile sources were calculated using EPA's version 2000 
of the draft NONROAD Model and the 2003 control emissions. The model 
was used to develop a growth or reduction factor between 2003 and 2004. 
The calculated factors were multiplied by the 2003 projected controlled 
emissions for off-road mobile sources to determine the projected 2004 
emissions. The TSD contains additional details on the development of 
the inventory for the 2004 non-road mobile source emissions.
    The 2003 on-road mobile source emissions inventory was calculated 
using 12-speed 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 higher-resolution 
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 on-road 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 2003-to-
2004 adjustment factors for the ozone episode modeling inventories in 
the 13-county Atlanta nonattainment area were developed by taking the 
ratio of the 2004 64-speed 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 episode-day-specific 
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 UAM-IV 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 30-county typical summer day inventory and a 2003 30-
county typical summer day mobile inventory) was applied to episode-day-
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 
NOX RACT for attainment counties within the fine grid 
domain; and (e) revised estimates to the original ``additional 
reductions'' identified in the October 28, 1999, SIP. Table 1 provides 
a comparison between the 2003 projected inventory used for the 2003 
modeling demonstration and the 2004 projected attainment inventory in 
the 4-km fine grid modeling domain. The emissions represent the typical 
summer day emissions derived from averaging emissions from the three 
days used in the modeling demonstration as submitted in the July 2001 
SIP (i.e., July 31, 1987, August 1, 1987, and July 8, 1988). The levels 
of anthropogenic NOX and VOC that were modeled in the 2003 
strategy for the Atlanta nonattainment area are 591.6 TPD and 525.8 
TPD, respectively. The levels of anthropogenic NOX and VOC 
projected for 2004 are 604.5 TPD and 482.1 TPD, respectively. This 
comparison of emission estimates resulted in an additional reduction of 
43.7 TPD VOC and increase of 12.9 TPD NOX emissions in 2004.

                          Table 1.--Comparison of 2003 Modeled and 2004 Projected NOX and VOC Emissions in the Modeling Domain
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                                     NOX (TPD)                                                                    VOC (TPD)
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                 Category                       2003         2004        Change                Category                2003         2004        Change
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Point.....................................        119.4        120.1          0.7   Point........................         66.7         67.1          0.4
Area......................................         54.9         55.2          0.3   Area.........................        144.7        140.9         -3.8
Non-road..................................        108.9        108.0         -0.9   Non-road.....................        121.5        106.5        -15.0
Mobile....................................        308.4        321.2         12.8   Mobile.......................        192.9        167.6        -25.3
                                           ----------------------------------------                               --------------------------------------
    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 NOX emissions increase about 2 percent over the 
modeling domain, while VOC emissions decrease over 8 percent. Since the 
total NOX emissions projected for 2004 are more than the 
levels modeled for 2003, a demonstration was needed to show why this 
would not adversely affect the ability of the area to attain the 1-hour 
ozone NAAQS by 2004. We believe that the relationship between VOC 
emission reductions and ozone concentration reductions and between 
NOX emission reductions and ozone concentration reductions 
can be determined using the photochemical modeling results. Sensitivity 
analyses from the photochemical modeling in the fine grid were used to 
develop a relationship to assess the potential for increases in ozone 
formation for the emission levels projected for 2004. The majority of 
the local emissions reductions for the attainment strategy occur within 
the 4-km fine grid with the exception of two power plants near the 
southern boundary. The sensitivity simulations used were based on the 
three episode days (i.e., July 31, 1987; August 1, 1987; and July 8, 
1988) that were used in the 2003 control strategy simulations. These 
sensitivity simulations represented modeling scenarios based on 
reductions across emission inventory categories (e.g., low-level source 
or elevated sources) while holding all other emissions source 
categories constant. The air-quality-to-emission-change ratio (i.e., 
tons per day of emissions change per ppb change in ozone) was developed 
for each day and sensitivity simulation. The average of these ratios 
over all days and sensitivities was then determined for each pollutant 
for each episode day.
    The submitted ratios indicate that a 41.5 TPD increase in 
NOX is needed to cause a 1.0 ppb increase in ozone or a 
164.9 TPD increase in VOC is needed to cause a 1.0 ppb increase in 
ozone. These relationships were applied to the emissions changes 
predicted between 2003 and 2004 as presented in Table 1. The tables 
indicate that NOX emissions are expected to increase by 12.9 
TPD and VOC emissions will decrease by 43.7 TPD in 2004. The 
NOX and VOC ratios were applied to the emission changes 
between 2003 and 2004 to determine how ozone formation would be 
affected in 2004. This analysis indicated that a 0.3 ppb increase in 
ozone from the increase in NOX emissions is offset by the a 
0.3 ppb decrease in ozone from the VOC emissions. The identified 
shortfall gap has thus been met by the State and the necessary control 
measures approved by EPA. Therefore, the assessment supports the 
conclusion that the area will attain the NAAQS in 2004.

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, on-road mobile or 
non-road 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 1-hour ozone NAAQS. Georgia EPD 
performed a RACM analysis for potential control of NOX and 
VOC emission sources not included in the attainment demonstration for 
the Atlanta 1-hour ozone nonattainment area. Most of the controls 
identified in the RACM analysis were included in a study completed by 
Georgia State University (``The Direct Costs of Controlling 
NOX and VOC emissions in Atlanta.'' Georgia State 
University. Atlanta, Georgia: November 1, 1997, pp. 43-65). In the 
Georgia State Report, the 1990 NOX and VOC emissions 
inventory data were updated using growth factors to reflect emissions 
in 1999. Georgia EPD multiplied the percent reduction expected from a 
particular control measure from the study by a 2003 base level of 
emissions in order to calculate 2003 reductions for VOC and 
NOX. The 2003 base level was acquired from the 2003 Base 
Modeling run for the day of July 31. This method was applied to most of 
the calculations in the RACM analysis. For many of the remaining RACM 
calculations, GAEPD applied reduction factors from sources such as 
STAPPA/ALAPCO and EPA to emissions data derived from modeling runs for 
the Atlanta nonattainment area in order to get projected 2003 VOC and 
NOX reductions from a particular control measure. Other 
reductions were based on similar control measures enacted in other 
areas and the reduction results obtained in those areas. Georgia EPD 
performed a RACM analysis to determine if the 2004 attainment date 
could be advanced. They analyzed the 2003 season to determine if 
control measures could be implemented that were sufficient to prevent 
1-hour ozone NAAQS violations during the 2003 season and thus advance 
the attainment date.
    Each control option was evaluated according to: (1) the State's 
authority to implement controls; (2) the amount of NOX 
reductions; (3) the amount of VOC reductions; (4) whether a similar 
control measure is already being implemented in the SIP; (5) the cost 
effectiveness of the control; (6) whether SIP credit has already been 
taken for the measure; and (7) whether the measure can be implemented 
to achieve reductions during the 2003 ozone season, (measures 
implemented after the 2003 ozone season cannot advance the 2004 
attainment date). Any measures determined to be feasible to implement 
after the above described evaluation were grouped, by primary category, 
under the heading ``remaining measures.'' Georgia used a cut-off of 
$5,000 per ton in their analysis of whether a measure was cost 
effective. Georgia has used this threshold for over 12 years in 
developing their VOC and NOX RACT regulations. It was, 
therefore, used in the RACM analysis for consistency. EPA does not 
consider this cut-off valid for all areas and it may not be valid for 
Georgia in all areas. However, for the purpose of this RACM 
demonstration and considering consistency in developing other measures 
supporting this demonstration, EPA believes this cut-off is acceptable 
for Atlanta. The RACM analysis indicates that additional reductions of 
18.66 TPD NOX and 51.76 TPD VOC are available for 
implementation by 2003 in the Atlanta 1-hour ozone nonattainment area. 
For the RACM analysis, the GAEPD had to demonstrate why these remaining 
reductions would not advance attainment for a 2003 attainment year 
prior to the regional NOX reductions expected from the EPA 
NOX SIP Call in 2004. To do this, GAEPD estimated the effect 
of the NOX SIP Call and the RACM reductions on ozone 
concentrations.
    The SIP for bringing the Atlanta area into compliance with the 1-
hour ozone NAAQS relies upon reductions from the NOX SIP 
Call implemented in upwind states. In order to advance the attainment 
date from November 15, 2004, and thereby be classified as RACM, a 
control measure or set of control measures would need to provide a 
greater effect, during the 2003 ozone season, on ozone reduction than 
the NOX SIP Call measures will provide in 2004. Appendix C, 
``1-Hour Upwind/Downwind Linkages'' of The Air Quality Modeling 
Technical Support Document for the NOX SIP Call, September 
23, 1998, lists Alabama, Kentucky, North Carolina, South Carolina, and 
Tennessee as significant contributors to Atlanta's ozone exceedances. 
Table 6 of EPA's Final 2007 Base NOX emission rates 
published in the Federal Register on March 2, 2000, (65 FR 11222) gives 
totals for these five states equal to 1,109,255 tons per season or 
10,177 tons per day.
    Not all of these emissions are transported into Georgia or the 
Atlanta area. Therefore, any meaningful comparison must be based on the 
NOX SIP Call's effect on ozone concentrations in Atlanta. 
Appendix G of the EPA NOX SIP TSD referenced above, 
``Evaluation of Contributions--Tables of Metrics, 1-Hour CAMX: Upwind 
States to Downwind States,'' page G-6, gives average contributions to 
an Atlanta area exceedance as follows: Alabama 8 percent; Kentucky, 1 
percent; North Carolina, 1 percent; South Carolina, 1 percent; and 
Tennessee, 4 percent for a total contribution of 15 percent. The State 
calculated the effect on a monitored exceedance occurring at 125 ppb, 
the result being a contribution of 18.6 ppb (125 ppb x 15 percent) from 
upwind states. The implementation of the NOX SIP Call in 
2004 would reduce the contribution to ozone exceedances in Atlanta by 
18.6 ppb.
    The effect the ``remaining measures'' would have on air quality if 
implemented during the 2003 ozone season is calculated by dividing the 
estimated NOX or VOC reduction amount times the change in 
pollutant per change in ozone. Using the factors developed in the air 
quality assessment to determine the change in ozone concentration from 
emissions reductions (i.e., 41.45 TPD NOX per 1 ppb ozone, 
164.9 TPD VOC per 1 ppb ozone), the expected change in ozone 
concentration from the emissions reductions from the remaining measures 
in the RACM analysis (i.e., 18.66 TPD NOX, 51.71 TPD VOC) 
can be estimated. The procedure used to develop the NOX and 
VOC factors are discussed in the TSD. Taking the ratio of the factors 
and the remaining measures reductions would yield 0.45 ppb of ozone 
decreases from the NOX reductions and 0.31 ppb of ozone 
decreases from the VOC reductions. The total ozone reduction due to 
remaining measures would be 0.75 ppb of ozone. Hence, implementation of 
the remaining measures in 2003 from the RACM analysis is much less than 
would be needed to achieve attainment in 2003 without the much larger 
reductions

[[Page 63978]]

from the NOX SIP Call that will be achieved in 2004. This 
analysis therefore demonstrates that no additional RACM measures are 
reasonably available for the Atlanta 1-hour ozone nonattainment area.
    Approval of a RACM analysis must be done on a case-by-case 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 case-by-case 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 measures-including 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 term-even if such measures 
do not advance the attainment date-since 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 cost-effective 
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 1-hour ozone 
attainment demonstration for the Atlanta area. The resulting budgets 
are 106.25 and 225.12 tons per typical summer day of VOC and 
NOX, respectively.
    These MVEB reflect the most up-to-date 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 1-hour 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 non-single occupancy 
vehicle (SOV) method to commute to work. Data collected between 1997 
and 2000 indicates that non-PSG partners also change commuter patterns 
and that about 40 percent of the non-PSG commuters use non-SOV 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 non-PSG program commuters will commute using 
non-SOV methods. This assumption is consistent with the VMEP policy 
regarding programmatic uncertainty. The GAEPD has committed to 
attaining 4.28 tpd of NOX reductions and 6.51 tpd of VOC 
reductions by the year 2003 through this program.
    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 Mid-Course Review

    A mid-course 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 
1-hour 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 1-hour 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 
1-hour 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 1-hour 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 1-hour NAAQS no later than the date that the 
emission reductions are expected from upwind areas in the final 
NOX SIP Call and/or the statutory attainment date for upwind 
nonattainment areas, i.e., assuming the boundary conditions reflecting 
those upwind emission reductions;
    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 NOX SIP Call modeling and 
analyses documented in EPA's final NOX SIP Call notice 
published on October 27, 1998, (63 FR 57356) to demonstrate that the 
Atlanta area is affected by an upwind area in another state that 
significantly contributes to ozone nonattainment in the Atlanta area. 
In our December 16, 1999, notice (64 FR 70478) proposing approval of 
the initial 1-hour ozone attainment demonstration for the Atlanta area 
submitted on October 28, 1999, we explained how the Ozone Transport 
Assessment Group (OTAG) modeling which supported the NOX SIP 
Call and the attainment demonstration for the Atlanta area demonstrates 
the impacts of transport. The NOX SIP Call notice provides 
that emissions from sources in Alabama, Kentucky, North Carolina, South 
Carolina, and Tennessee significantly contribute to violations of the 
1-hour ozone standard in the Atlanta area.
    (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 NOX SIP Call by May 31, 2004. All of the 
local control measures in the Atlanta SIP will, therefore, be 
implemented prior to that time and EPA also proposes to find that they 
will be implemented as expeditiously as possible.
    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 1-hour 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 1-hour NAAQS by the November 15, 1999, 
statutory attainment deadline.

                      Table 2.--Air Quality Monitoring Data for the Atlanta Area 1997-1999
----------------------------------------------------------------------------------------------------------------
                                                                                      Annual
                                                                       Total          average      Design  value
                Site ID                          County             exceedances      expected         (ppms)
                                                                       97-99        exceedances
----------------------------------------------------------------------------------------------------------------
13-089-0002...........................  DeKalb..................              16             6.7           0.142
13-089-3001...........................  DeKalb..................              10             4.4           0.135
13-097-0004...........................  Douglas.................               9             3.5           0.131
13-121-0055...........................  Fulton..................              28            10.8           0.156
13-135-0002...........................  Gwinnett................               7             2.9           0.138
13-223-0003...........................  Paulding................               3             1.1           0.124
13-247-0001...........................  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 1-hour 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 rate-of-progress (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 
SIP-approved 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

[[Page 63981]]

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 NOX emissions 
for the Atlanta area can be found in the above referenced Federal 
Register actions. The adjusted baseline inventory for VOC found in 
Georgia'' 15 percent ROP is 526.19 tpd and the adjusted baseline 
inventory for NOX found in the 9 percent ROP is 483.12. Therefore, the 
required 3 percent ROP reductions would be 15.79 tps for VOC (0.03  x  
526.19 = 15.79) and 14.50 tpd for NOX (0.03  x  483.12 = 
14.5). In the 15 percent ROP Georgia exceeds the required VOC emissions 
reduction by 1.06 tpd. This equates to 0.20 percent of the required 3 
percent reduction, leaving a balance of 2.80 percent to be made up by 
NOX reductions. This must be 2.8 percent of the 
NOX adjusted baseline inventory. Therefore, the required 
NOX reductions to satisfy contingency requirements for ROP 
equal 13.53 tpd (0.0280  x  483.12). The 9 percent ROP achieves an 
excess NOX emissions reduction of 19.47 tpd. Thus, the 
excess emission reductions achieved in the ROP plans meet the 3 percent 
contingency requirement. EPA is proposing to approve these contingency 
measures for ROP.
    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 on-board 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 NOX adjusted baseline emissions by 2005 (the year 
following the time by which EPA must determine whether the area has 
attained). More details on EPA's contingency measure analysis are 
included in the docket for this rulemaking action. While there is not 
an approved contingency measure that would apply if the Atlanta area 
failed to attain, EPA believes that existing federally enforceable 
measures would provide the necessary substantive relief sufficient to 
provide the basis for proposing approval of an extension to the area's 
attainment date.

X. Proposed Action

    Today, EPA is proposing to approve the 1-hour 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 1-hour 
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 104-4).
    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 does not 
have Federalism implications because it does not have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action 
merely proposes to approve a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant. In 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the Clean Air Act. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise

[[Page 63982]]

satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does 
not impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides.

    Dated: November 30, 2001.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 01-30587 Filed 12-10-01; 8:45 am]
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