[Federal Register Volume 69, Number 88 (Thursday, May 6, 2004)]
[Proposed Rules]
[Pages 25348-25357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10101]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R04-OAR-2004-GA-0001-200411; FRL-7656-8]


Approval and Promulgation of Implementation Plans; Georgia: 
Approval of Revisions to the State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is proposing to approve a revision to the Georgia 
State Implementation Plan (SIP) submitted by the Georgia Environmental 
Protection Division (GAEPD) on December 24, 2003. The revision pertains 
to the Post-1999 Rate-of-Progress Plan (Post-1999 ROP Plan). This 
submittal was made to meet the reasonable further progress requirements 
of section 182 of the Clean Air Act, as amended in 1990 (CAA). The SIP 
revision also establishes a motor vehicle emissions budget (MVEB) for 
transportation conformity purposes of 160.8 tons per day (tpd) of 
volatile organic compounds (VOC) and 318.24 tpd of nitrogen oxides 
(NOX) for 2004. Today, EPA is proposing to approve Georgia's 
Post-1999 ROP plan, including the 2004 MVEBs contained therein. In 
addition, in this proposed rulemaking EPA is providing information on 
the status of its transportation conformity adequacy determination for 
the 2004 MVEBs that are contained in the Post-1999 ROP SIP submittal.

DATES: Written comments must be received on or before June 7, 2004.

ADDRESSES: Comments may be submitted by mail to: Scott M. Martin, 
Regulatory Development Section, Air Planning Branch, Air, Pesticides 
and Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Comments 
may also be submitted electronically, or through hand delivery/courier. 
Please follow the detailed instructions described in sections IV.B.1 
through 3. of the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Mr. Scott M. Martin, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number 
is (404) 562-9036. Mr. Martin can also be reached via electronic mail 
at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 182 of the CAA requires ozone nonattainment areas with air 
quality classified as ``moderate'' or worse to submit plans showing 
reasonable further progress towards attainment of the national ambient 
air quality standards (NAAQS). Because Atlanta was classified as a 
``serious'' nonattainment area for ozone, the CAA required Georgia to 
develop a SIP to reduce emissions of VOCs in the 13-county Atlanta 1-
hour ozone nonattainment area by 15 percent from 1990 to 1996. The most 
recent revision to Georgia's 15% Rate-of-Progress (ROP) SIP (i.e., the 
15% Plan) was submitted by the GAEPD on June 17, 1996, and was approved 
by the EPA effective May 26, 1999, (64 FR 20186).
    The CAA also requires Post-1996 emission reductions of VOCs and/or 
NOX totaling 3 percent per year, averaged over each 
consecutive three-year period beginning in 1996 and continuing through 
the attainment date. Georgia chose to rely solely on NOX 
emission reductions in its Post-1996 ROP SIP (i.e., the 9% Plan). This 
plan was required to describe how Georgia would achieve reasonable 
further progress towards attaining the ozone NAAQS between 1996 and 
1999, the attainment deadline for serious nonattainment areas. The most 
recent revision to Georgia's 9% Plan was submitted June 17, 1996, and 
was approved by EPA effective April 19, 1999, (64 FR 13348).
    On July 17, 2001, GAEPD submitted the Atlanta 1-hour ozone 
attainment SIP to EPA which included a demonstration that Atlanta would 
attain the 1-hour ozone NAAQS by November 15, 2004. That attainment 
demonstration, including the extension of the attainment date, was 
approved by the EPA in a notice published in the

[[Page 25349]]

Federal Register on May 7, 2002, (67 FR 30574), which cited EPA's 
policy to grant attainment date extensions for areas dependent upon 
upwind States' emission reductions mandated by the regional 
NOX SIP Call as a basis for approval. Subsequently, in 
challenges to other attainment date extensions, several Federal appeals 
courts ruled that EPA lacked the authority to grant such attainment 
date extensions. On February 20, 2003, EPA filed a motion for voluntary 
vacatur of Atlanta's attainment date extension and approval of 
Atlanta's ozone attainment demonstration. On June 16, 2003, the United 
States Court of Appeals for the Eleventh Circuit issued an order 
granting EPA's motion, thereby vacating approval of the July 17, 2001, 
attainment demonstration.
    In response to these court rulings, EPA issued a final rulemaking 
action in the September 26, 2003, Federal Register (68 FR 55469). It 
included a determination that the Atlanta area had failed to attain the 
1-hour ozone standard by the statutory deadline of November 1, 1999, 
and that by operation of law, the Atlanta area was being reclassified 
as a ``severe'' ozone nonattainment area effective January 1, 2004. 
Under section 181(a)(1) of the CAA, the attainment deadline for Atlanta 
as a new ``severe'' nonattainment area is ``as expeditiously as 
practicable,'' but not later than November 15, 2005.
    GAEPD has recently conducted an Early Attainment Assessment to 
review the progress made to date in implementing the July 17, 2001, 
ozone attainment SIP. The Early Attainment Assessment indicates that 
the emission reductions achieved to date from the 1-hour ozone 
attainment SIP control measures have been effective in reducing 
monitored levels of ozone and that the area appears to be on track to 
attain by the end of the 2004 ozone season.
    EPA's September 26, 2003, action requires submission of a severe 
area Post-1999 ROP SIP. The severe area Post-1999 SIP must describe how 
at least a 3 percent per year reduction in emissions of ozone 
precursors (VOCs or NOX) will be achieved, from the time of 
failure to meet the ``serious'' area attainment date (November 15, 
1999) until the ``severe'' area attainment date.
    This Atlanta severe area Post-1999 ROP SIP contains a description 
of how the 3 percent per year reductions in ozone precursor emissions, 
required over the period from November 15, 1999, through November 15, 
2004, will be achieved. It also contains MVEBs for the Atlanta 1-hour 
ozone nonattainment area. Submission only through 2004 is based on the 
State's Early Attainment Assessment discussed above. GAEPD requests 
that EPA review and approve the Post-1999 ROP SIP and MVEB.

II. Analysis of State's Submittal

    Plan Requirements: This plan was prepared in accordance with the 
SIP requirements established in 40 CFR part 51, and EPA guidance. The 
plan contains all of the required elements of a rate-of-progress plan, 
and is consistent with existing guidelines for implementation plans. 
The rate-of-progress plan contains a detailed analysis of each of the 
following elements: Base Year Emissions Inventories; Target Level 
Calculations; Control Measures; Projected Emissions; MVEB; Milestone 
Failure Contingencies; and Reporting Requirements.
    This Post-1999 ROP is not required, nor intended, to demonstrate 
attainment of the 1-hour ozone NAAQS. The ROP Plan is a description of 
how emissions reductions of 3 percent per year in the Atlanta area will 
be achieved. Consistent with Georgia's 9% plan; this Post-1999 ROP will 
rely solely on reductions of NOX emissions.
    In order to develop the Post-1999 ROP Plan in accordance with EPA 
guidance, GAEPD updated the 1990 NOX emissions in inventory 
and adjusted the inventory by removing NOX already scheduled 
for control by previous Federal regulations on motor vehicles and 
gasoline volatility. The required NOX reductions and the 
resulting target levels of future NOX emissions were 
calculated, growth in NOX emissions was estimated, and the 
effects on projected emissions of various emissions control rules 
already adopted and implemented, or scheduled for implementation prior 
to the end of 2004, were calculated. These controls were found to be 
more than sufficient to reduce overall NOX emissions by 3 
percent per year while also offsetting all of the growth in 
NOX emissions projected to occur between 1999 and 2002, and 
between 2002 and 2004.
    Calculation of Post-1999 Emission Target Levels: The Post-1999 ROP 
SIP was prepared following the guidance in:

--Section 4.2 of EPA's Guidance on the Post-1996 Rate-of-Progress Plan 
and the Attainment Demonstration (``the ROP guidance'');
--The December 23, 1997, guidance memo from Richard D. Wilson, EPA's 
Acting Assistant Administrator for Air and Radiation, Guidance for 
Implementing the 1-Hour Ozone and Pre-Existing PM10 NAAQS (``the 
guidance memo''); and
--EPA's Policy guidance on the Use of MOBILE6 for SIP Development and 
Transportation Conformity (the ``MOBILE6 policy guidance'').

    The ROP guidance provides step-by-step procedures for calculating 
the Post-1999 target level emissions. The projected inventory for an 
ROP milestone year with all control measures in place and reflecting 
any growth in activity projected to occur by the milestone year must be 
equal to or less than the target level of emissions for that milestone 
year.
    The Rate-of-Progress Inventory is the base inventory from which the 
target levels of emissions for the milestone years must be calculated. 
These target levels reflect the required percent reductions, net of 
growth, from base year emissions that must be achieved to meet the 
requirements of the CAA. Therefore this plan starts with the 1990 Rate-
of-Progress Base Year Inventory.
    1990 Rate-of-Progress Base Year Inventory: The 1990 Rate-of-
Progress Base Year inventory is comprised of the anthropogenic point, 
area, nonroad, and mobile sources in the 13-county 1-hour ozone 
nonattainment area. The 1990 Rate-of-Progress Base Year Inventory, as 
defined in section 4.2 of the ROP guidance document, has changed since 
submittal in November 1993. Emissions from the mobile and the nonroad 
sectors have been updated using the latest models and, for mobile 
sources, revised 1990 speeds. The updated 13-county 1990 Rate-of-
Progress Base Year Inventory totals 625.9 NOX tpd (see Table 
1 below). The Adjusted Base Year mobile source emissions inventories, 
described below, also reflect an updated registration distribution by 
age.
    The December 23, 1997, EPA guidance memo also allows emission 
reductions from sources outside the nonattainment area to count towards 
Post-1999 ROP requirements. Section 5 of the guidance memo states that 
areas in nonattainment for the 1-hour ozone standard can ``take credit 
for emissions reductions obtained from sources outside the designated 
nonattainment area for the Post-1999 ROP requirements as long as the 
sources are no farther than 100 km (for VOC sources) or 200 km (for 
NOX sources) away from the nonttainment area * * * 
[E]missions from the source(s) outside the nonattainment area * * * 
must be included in the baseline ROP emissions and target ROP reduction 
calculation. Emissions from source(s) outside the nonattainment area 
that are not involved in the substitution would not have to be 
inventoried or included in

[[Page 25350]]

the baseline ROP emissions and target ROP calculation.''
    For this Post-1999 ROP SIP, GAEPD is including reductions of 
NOX emissions at five coal-fired electrical power plants. 
These Georgia Power Company plants impact the nonattainment area but 
are located in neighboring counties designated as attainment for the 1-
hour ozone standard. As a control strategy to attain the 1-hour ozone 
standard in Atlanta, stricter controls have been placed on these power 
plants. The 1990 NOX emissions from these five power plants 
are shown below in Table 2. All five of these power plants are located 
within 200 kilometers of the Atlanta 1-hour ozone nonattainment area.
    The sum of the updated 1990 Rate-of-Progress NOX 
emissions inventory for the Atlanta 1-hour ozone nonattainment area 
plus the 1990 base year NOX emissions from these five power 
plants is approximately 1262.4 tpd (See Table 1 below).

                               Table 1.--1990 Rate-of-Progress Base Year Inventory
----------------------------------------------------------------------------------------------------------------
                                                                     1990 NOX emissions (tpd)
                                                ----------------------------------------------------------------
                                                    Point         Area       Nonroad       Mobile       Total
----------------------------------------------------------------------------------------------------------------
1990 ROP Base Year Inventory...................        121.3         25.7         85.0        393.9        625.9
Five Power Plants Inventory....................        636.5  ...........  ...........  ...........        636.5
                                                --------------
    Total......................................        757.8         25.7         85.0        393.9       1262.4
----------------------------------------------------------------------------------------------------------------


           Table 2.--1990 NOX Emissions From Five Power Plants
------------------------------------------------------------------------
                                                               1990 NOX
            Power plant                      County           emissions
                                                                (tpd)
------------------------------------------------------------------------
Plant Bowen........................  Bartow................        200.3
Plant Branch.......................  Putnam................        160.1
Plant Hammond......................  Floyd.................         78.9
Plant Scherer......................  Monroe................         87.1
Plant Wansley......................  Heard.................        110.1
                                    -------------------------
    Total..........................  ......................        636.5
------------------------------------------------------------------------

    Adjusted Base Year Inventories: As explained in section 4.2 of the 
ROP guidance, ``The 1990 adjusted base year inventories must be 
calculated relative to each milestone * * * year. * * * The only 
adjustment that must be made to the inventories * * * is to recalculate 
mobile source emissions. * * *'' The development of the Adjusted Base 
Year Inventories requires excluding from those inventories, the 
emission reductions that would occur by the milestone years as a result 
of Federal programs already mandated prior to the 1990 CAA.
    The adjustments exclude:

--Emissions reductions that would occur by the milestone years as a 
result of the Federal Motor Vehicle Control Program (FMVCP) promulgated 
prior to the 1990 CAA; and
--Reductions that would result by the milestone years from the Reid 
Vapor Pressure (RVP) regulations promulgated under the Act.

    These adjustments are made because states are not allowed to take 
credit for emissions reductions that would have occurred due to fleet 
turnover from vehicles meeting pre-1990 standards to newer cars and 
trucks, or from previously existing Federal fuel regulations. These 
non-creditable reductions are called the FMVCP/RVP reductions. Table 3 
below shows the FMVCP/RVP reductions.

                     Table 3.--FMVCP/RVP Reductions
------------------------------------------------------------------------
                                         Mobile source      FMVCP/RVP
                                         NOX emissions      reductions
                                             (tpd)            (tpd)
------------------------------------------------------------------------
1990 Base Year........................            393.9  ...............
1990 Adjusted to 1999.................            309.1             84.8
1990 Adjusted to 2002.................            281.6            112.3
1990 Adjusted to 2004.................            263.6            130.3
------------------------------------------------------------------------

    The 1990 Adjusted Base Year Inventories were prepared using 
MOBILE6.2 emission factors; 1990 speeds extrapolated from the Atlanta 
Regional Commission's (ARC) travel demand model networks for 2000, 
2002, 2004, and 2005; 1990 vehicle miles traveled (VMT) data provided 
by Georgia Department of Transportation; and an updated fleet age 
distribution. The adjusted base year inventory calculation procedure 
described in the ROP guidance, section 4.2, Step 3, was used. The 13-
county 1990 Base Year NOX Inventory Adjusted to 2002 totals 
513.6 tpd, as shown in Table 4. The 13-county 1990 Base Year 
NOX Inventory Adjusted to 2004 totals 495.6 tpd, as shown in 
Table 5.

[[Page 25351]]



                             Table 4.--1990 Adjusted to 2002 Base Year NOX Inventory
----------------------------------------------------------------------------------------------------------------
                                                                       NOX emissions (tpd)
                                                ----------------------------------------------------------------
                                                    Point         Area       Nonroad       Mobile       Total
----------------------------------------------------------------------------------------------------------------
1990 Adjusted to 2002..........................        121.3         25.7         85.0        281.6        513.6
Five Power Plants..............................        636.5  ...........  ...........  ...........        636.5
                                                --------------
    Total......................................        757.8         25.7         85.0        281.6       1150.1
----------------------------------------------------------------------------------------------------------------


                             Table 5.--1990 Adjusted to 2004 Base Year NOX Inventory
----------------------------------------------------------------------------------------------------------------
                                                                       NOX emissions (tpd)
                                                ----------------------------------------------------------------
                                                    Point         Area       Nonroad       Mobile       Total
----------------------------------------------------------------------------------------------------------------
1990 Adjusted to 2004..........................        121.3         25.7         85.0        263.6        495.6
Five Power Plants..............................        636.5  ...........  ...........  ...........        636.5
                                                --------------
    Total......................................        757.8         25.7         85.0        263.6       1132.1
----------------------------------------------------------------------------------------------------------------

    Required Emission Reductions: To calculate the required emissions 
reduction in tpd, the adjusted base year inventory adjusted to each ROP 
target year is added to the 1990 NOX emissions from the five 
power plants, then multiplied by 3 percent for each year between the 
previous target year (1999 or 2002) and the current target year (2002 
or 2004). The required NOX reductions for 2002 and 2004 are 
presented in Tables 6 and 7, respectively.

               Table 6.--Required NOX Reductions for 2002
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 Adjusted Base Year Inventory...........................       513.6 tpd
 Plus Power Plant Emissions.............................      +636.5 tpd
                                                         ---------------
                                                              1150.1 tpd
 Times Factor (3% x 3 years)............................           x0.09
                                                         ---------------
 Emissions Reductions Needed............................       103.5 tpd
------------------------------------------------------------------------


               Table 7.--Required NOX Reductions for 2004
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Adjusted Base Year Inventory............................       495.6 tpd
Plus Power Plant Emissions..............................      +636.5 tpd
                                                         ---------------
                                                                  1132.1
Times Factor (3% x 2 years).............................           x0.06
                                                         ---------------
 Emissions Reductions Needed............................        67.9 tpd
------------------------------------------------------------------------

    The target level for the previous target year (1999 or 2002) is 
needed for calculating emissions target levels for the current target 
year, 2002 or 2004. The 1999 target level from the 9% Plan was 
recalculated using the results of the updated 1990 Base Year mobile 
source and nonroad modeling. To calculate the updated 1999 target 
emissions level, the reductions necessary to meet the 9 percent 
emissions reduction requirement and the FMVCP/RVP reductions were 
subtracted from the sum of the 1990 ROP inventory and the 1990 
NOX emissions from the five power plants. The results, in 
NOX tpd, are shown in Table 8 below:

          Table 8.--Updated NOX Emissions Target Level for 1999
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 1990 NOX ROP Inventory plus 5 GA Power Plants..........      1262.4 tpd
 FMVCP Reductions (1990-1999)...........................       -84.8 tpd
                                                         ---------------
 Adjusted Base Inventory................................      1177.6 tpd
 Required Reductions (9% of Adjusted Base)..............      -106.0 tpd
                                                         ---------------
 NOX Target Level for 1999..............................      1071.6 tpd
------------------------------------------------------------------------

     Target levels for the ROP milestone years are calculated by 
subtracting the required milestone year reduction and the fleet 
turnover correction from the previous milestone year's emissions target 
level. The fleet turnover correction is the difference between an 
Adjusted Base Year mobile source emissions inventory adjusted to the 
previous target year (1999 or 2002) and an Adjusted Base Year mobile 
source inventory adjusted to the current target year (2002 or 2004). 
Table 9 below shows the fleet turnover correction.

                   Table 9.--Fleet Turnover Correction
------------------------------------------------------------------------
                                         Mobile source    Fleet turnover
                                        NOX emissions      correction
                                            (tpd)             (tpd)
------------------------------------------------------------------------
 1990 Adjusted to 1999...............            309.1  ................
 1990 Adjusted to 2002...............            281.6              27.5
 1990 Adjusted to 2004...............            263.6              18.0
------------------------------------------------------------------------

     Tables 10 and 11 show NOX Target Level Calculations for 
2002 and 2004, respectively.

             Table 10.--NOX Emissions Target Level for 2002
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Updated NOX Target Level for 1999.......................      1071.6 tpd
Required Reduction (9% of Adjusted Base)................      -103.5 tpd

[[Page 25352]]

 
Fleet Turnover Correction, 1999 to 2002.................       -27.5 tpd
                                                         ---------------
NOX Target Level for 2002...............................       940.6 tpd
------------------------------------------------------------------------


             Table 11.--NOX Emissions Target Level for 2004
------------------------------------------------------------------------
 
------------------------------------------------------------------------
NOX Target Level for 2002...............................       940.6 tpd
Required Reduction (6% of Adjusted Base)................       -67.9 tpd
Fleet Turnover Correction, 2002 to 2004.................       -18.0 tpd
                                                         ---------------
NOX Target Level for 2004...............................       854.7 tpd
------------------------------------------------------------------------

    Control Measures: This section describes the control measures being 
relied upon for this Post-1999 ROP Plan. Note that the projected 
emissions described below do not reflect any effects of maximum 
achievable control technology (MACT) and reasonably available control 
technology (RACT) on major sources and are therefore conservatively 
high. The projected emissions reflect Federal and/or State emission 
controls on all emission source sectors. All non-Federal control 
measures being relied upon for this Post-1999 ROP SIP have been 
implemented and have been codified in Georgia's State regulations.
    Point Source Control Measures: The point source control measures 
included in this Post-1999 ROP SIP are required by State regulation and 
consist of selective catalytic reduction (SCR), overfire air (OFA), 
and/or low NOX burners with overfire air (LNBOFA) at the 
five Georgia Power plants. Controls at two power plans within the 13-
county 1-hour ozone nonattainment area, Plant McDonough and Plant 
Yates, are also reflected in the projected emissions. The controls at 
these two plants are natural gas technologies required during the ozone 
season.
    Area Source Control Measures: The projected area source emissions 
reflect Georgia's ban on open burning in the nonattainment area during 
ozone season. This rule was instituted for the 15% and 9% Plans.
    Nonroad Mobile Source Control Measures: The projected 2002 and 2004 
nonroad emissions reflect all applicable Federal controls on nonroad 
mobile sources, as well Georgia's controls on gasoline in the 1-hour 
ozone nonattainment area.
    Mobile Source Control Measures: The projected mobile source 
emissions inventories described below reflect all Federal and State 
mobile source control rules, including annual enhanced vehicle 
inspection and maintenance (I/M) with onboard diagnostics systems 
checks on 1996 and newer model year cars and light trucks; 2-mode ASM 
tests on 25-year-old through 1995 model year vehicles; a check for 
catalytic converter tampering and a gas cap pressure test on all 
subject vehicles; low-sulfur and low (7.0 pounds per square inch) Reid 
Vapor Pressures gasoline; Stage II gasoline vapor recovery; the Federal 
Motor Vehicle Control Program, including Tier 1 and (beginning with 
2004 models) Tier 2 tailpipe standards; the National Low Emission 
Vehicle (NLEV) program; and technician training and certification.
    Projected Emissions Overview: With the exception of mobile sources 
and nonroad sources, which were explicitly modeled for each target 
year, 2002 and 2004 emissions were projected by applying projection 
factors to 1999 emissions inventories. The projection factors were 
produced using EPA's Economic Growth Analysis System (EGAS) software, 
Version 4.0.
    Projected 2002 Emissions Summary: Projected 2002 emissions 
reflecting the control measures described above are summarized in Table 
12:

                                     Table 12.--2002 Projected NOX Emissions
----------------------------------------------------------------------------------------------------------------
                                                                            NOX emissions (tpd)
                                                          ------------------------------------------------------
                                                             Point       Area     Nonroad     Mobile     Total
----------------------------------------------------------------------------------------------------------------
2002 Projected Inventory.................................       68.1       49.8      105.7      364.5      588.1
Fiver Power Plants.......................................      321.6  .........  .........  .........      321.6
                                                          ------------
    Total................................................      389.7       49.8      105.7      364.5      909.7
----------------------------------------------------------------------------------------------------------------

    The projected 2002 NOX emissions of 909.7 tpd are below 
the 2002 Target Level Emissions of 940.6 tons of NOX per 
day. ``Excess'' NOX reductions, the amount by which the 
projected emissions are below the target level, total 30.9 tpd in 2002.
    Projected 2004 Emissions Summary: The projected 2004 NOX 
emissions reflecting the control measures described above are 
summarized in Table 13:

                                     Table 13.--2004 Projected NOX Emissions
----------------------------------------------------------------------------------------------------------------
                                                                            NOX emissions  (tpd)
                                                          ------------------------------------------------------
                                                             Point       Area     Nonroad     Mobile     Total
----------------------------------------------------------------------------------------------------------------
2004 Projected Inventory.................................       85.5       50.8      105.0      318.2      559.5
Five Power Plants........................................      176.7  .........  .........  .........      176.8
                                                          ------------
    Total................................................      262.2       50.8      105.0      318.2      736.2
----------------------------------------------------------------------------------------------------------------

    The projected 2004 NOX emissions of 736.2 tpd are below 
the 2004 Target Level Emissions of 854.7 tons of NOX per 
day. There are 118.5 tpd of excess NOX reductions in 2004.

Emissions Projection Methodology by Source Category

    Point Source Emissions Projections: There are two major types of 
point sources: electric generating unit (EGU) point sources and all 
other (non-EGU) point sources. For the 2002 Projected Inventory, 
emissions from EGU point sources were obtained from actual emissions 
data reported by Georgia

[[Page 25353]]

Power Company to EPA's Continuous Emissions Monitoring System (CEMS) 
database. Note that these actual EGU data for 2002 reflect the effects 
of controls in operation on several units at Georgia Power's Plants 
Bowen and Hammond during the 2002 ozone season. Non-EGU point source 
emissions projections for 2002 were developed by applying projection 
factors to 1999 point source emissions from the 13-county Atlanta 1-
hour ozone nonattainment area. The nonattainment area point source 
emissions were from GAEPD's 1999 Periodic Emissions Inventory (PEI). 
The projection factors used to develop non-EGU point source emissions 
for 2002 were from EGAS.
    Point source emissions inventories for 2004 were developed by 
applying EGAS projection factors to 1999 point source emissions from 
the 13-county Atlanta 1-hour ozone nonattainment area and from the five 
power plants outside the 1-hour ozone nonattainment area. The non-EGU 
point source emissions were from the 1999 PEI. The 1999 EGU point 
source emission, including those for the five power plants were from 
the CEMS database.
    The 2002 and 2004 point source emissions from the 13-county 1-hour 
ozone nonattainment area and from the five power plants outside that 
area are shown in Table 14.

             Table 14.--Projected Point Source NOX Emissions
------------------------------------------------------------------------
                                                    Point source NOX
                                                    emissions  (tpd)
                                               -------------------------
                                                    2002         2004
------------------------------------------------------------------------
13-County Point Source Totals.................         68.1         85.5
Plant Bowen...................................         88.1         21.7
Plant Branch..................................         71.9         53.7
Plant Hammond.................................         22.2         13.7
Plant Scherer.................................         79.8         76.8
Plant Wansley.................................         59.7         10.8
                                               --------------
    Grand Total...............................        389.7        262.2
------------------------------------------------------------------------

    Area Source Emissions Projections: Area source emissions 
inventories for 2002 and 2004 were developed by applying EGAS 
projection factors to area source emissions for the 13-county Atlanta 
1-hour ozone nonattainment area from the 1999 PEI.
    Nonroad Mobile Source Emissions Projections: Nonroad mobile source 
emissions, with the exception of those from aircraft and locomotives, 
were calculated using EPA's NONROAD Draft 2002 emissions model (Version 
2.2.0). The NONROAD model reflects the effects of all federal controls, 
and of Georgia gasoline, on nonroad sources of emissions.
    Growth in emissions from aircraft and locomotives was projected by 
applying EGAS projection factors to 1999 PEI emissions from these 
sources.
    Mobile Source Emissions: The highway mobile emissions for the 13-
country 1-hour ozone nonattainment area were developed using the 
MOBILE6.2 emission factor model and Atlanta Regional Commission's (ARC) 
link-based emissions estimation procedure. The projected mobile source 
emissions inventories reflect all Federal and State mobile source 
control rules, including enhanced I/M, Stage II vapor recovery, and 
Federal tailpipe standards.
    One adjustment had to be made to the calculated tpd emissions 
inventories to arrive at the final motor vehicle emissions inventories. 
This adjustment accounts for the loss of credit from a State rule 
allowing exemption from vehicle inspection and maintenance for cars 10 
years old or older driven fewer than 5,000 miles per year and owned by 
persons 65 years old or older. It was estimated that this senior I/M 
exemption increased VOC and NOX emissions by 0.39 and 0.11 
tpd, respectively, in 2002. The exemption is predicted to increase VOC 
and NOX emissions by 0.24 and 0.09 tpd, respectively in 
2004.
    MVEB: ROP plans are control strategy SIP revisions. As such, they 
establish MVEB. A motor vehicle emissions budget is described in EPA's 
transportation conformity rule as ``* * * the implementation plan's 
estimate of future [motor vehicle] emissions.'' Such budgets establish 
caps on motor vehicle emissions; projected emissions from 
transportation plans and programs must be equal to or less than these 
caps for a positive conformity determination to be made.
    Section 93.118(e)(4)(iv) of the transportation conformity rule 
requires that the ``motor vehicle emissions budget(s), when considered 
together with all other emissions sources, is consistent with 
applicable requirements for reasonable further progress, attainment, or 
maintenance. * * *''
    Section 93.118(e)(4)(v) of the transportation conformity rule 
requires that ``the motor vehicle emission budget(s) is consistent with 
and clearly related to the emissions inventory and the control measures 
in the submitted control strategy implementation plan revision or 
maintenance plan. * * *''
    Establishment of Updated 2004 MVEB for the Atlanta 1-hour Ozone 
Nonattainment Area: In preparation for this Post-1999 ROP Plan, GAEPD 
has been working closely with the ARC over the past year to develop the 
best possible estimates of mobile source emissions for the 13-county 
Atlanta nonattainment area. Mobile source inventories for 2004 were 
developed using the latest available planning assumptions, the most 
recent recalibrated travel demand model, and EPA's latest motor vehicle 
emission factor model, MOBILE6.2. The 2004 mobile source emissions 
inventories developed for this Post-1999 ROP Plan are the basis for new 
NOX and VOC budgets for 2004, ensuring that these new MVEB 
are ``consistent with applicable requirements for reasonable further 
progress'' and ``consistent with and clearly related to the emissions 
inventory and the control measures in the submitted control strategy 
implementation plan revision.''
    Although the emissions reductions being relied upon for this Post-
1999 ROP Plan are from NOX controls alone, a 2004 inventory 
of mobile source VOC emissions was also developed to provide an updated 
VOC budget that is consistent with this reasonable-further-progress 
plan and that reflects all latest planning assumptions. GAEPD worked 
with ARC to develop a VOC emissions inventory for mobile sources using 
the

[[Page 25354]]

ARC's link-based emissions estimation procedure. This mobile source VOC 
inventory reflects the most recent planning assumptions available and 
the use of updated travel demand, emissions, and emission factor 
models. Updating the VOC budget prevents a situation in which a 
transportation conformity determination must be made against an updated 
NOX budget established in this Post-1999 ROP Plan, and 
against a VOC budget established in the 15% Plan using outdated 
planning assumptions. The updated VOC emissions inventory is also more 
conservative (i.e., sets a lower budget) than the previously 
established VOC budget from the 15% Plan (183.12 tons of VOC per day) 
and therefore does not interfere with that reasonable-further-progress 
plan.
    The methodology used to calculate the highway mobile source 
emissions on which the updated 2004 MVEB are based is discussed below.
    The MOBILE6.2 motor vehicle emission factor model was used to 
calculate 2004 VOC and NOX emission factors with all 
proposed 2004 mobile source control rules in place. These controls 
include: annual enhanced I/M and onboard diagnostics system checks on 
1996 and newer model year vehicles; 2-mode ASM tests on 25-model-year-
old through 1995 vehicles; a check for catalytic converter tampering on 
all subject vehicles; low-sulfur and low (7.0 pounds per square inch) 
Reid Vapor Pressure gasoline; Stage II gasoline vapor recovery; the 
Federal Motor Vehicle Control Program, including Tier 1 and (beginning 
with 2004 models) Tier 2 tailpipe standards; the National Low Emission 
Vehicle (NLEV) program; and technician training and certification. The 
emission factors resulting from the MOBILE6.2 runs were used with ARC's 
link-based emissions estimation procedure to calculate 2004 tpd 
emissions in the following manner:

--For each of four times of day (a.m. peak, midday, p.m. peak, and 
night), the HPMS-adjusted and summer-adjusted 2004 VMT from each link 
in ARC's travel demand model were multiplied by the 2004 MOBILE6.2 
emission factor at the average speed closest to the speed of that link.
--Emissions from all the links and all four time periods were summed 
together to get grams per day inventories, which were divided by 
907,180 to convert from grams per day to tpd.

    These mobile source inventories reflect the most up-to-date mobile 
modeling assumptions, including 2004 VMT projected from a state-of-the-
art travel demand model for the 13 counties and July 2004 emission 
factors from EPA's latest mobile source emission factor model, 
MOBILE6.2. The same mobile source control rules reflected in Georgia's 
attainment demonstration were modeled for this Post-1999 ROP Plan. Note 
that although the attainment demonstration also relied on estimated 
emissions reductions attributable to the Partnership for a Smog-free 
Georgia (PSG), a voluntary mobile source emission reduction program, no 
PSG reductions are being relied upon for this Post-1999 ROP Plan.
    Table 15 sums the calculated emissions inventories and the senior 
exemption emissions increases.

                       Table 15.--Total 2004 MVEB
------------------------------------------------------------------------
                                                    VOC (tpd)  NOX (tpd)
------------------------------------------------------------------------
2004 Mobile Emissions Subtotal (MOBILE6.2 results)     160.56     318.15
Senior I/M Exemption Increases....................      +0.24      +0.09
                                                   ------------
    Total 2004 MVEB...............................     160.80     318.24
------------------------------------------------------------------------

    This Post-1999 ROP SIP establishes 2004 MVEBs of 160.80 and 318.24 
tpd, VOC and NOX, respectively, for the 13-county Atlanta 1-
hour ozone nonattainment area. Interagency consultation among the 
relevant agencies occurred during the development of these MVEB and 
prior to the submittal of this Post-1999 ROP SIP.
    The MVEBs established by this Post-1999 ROP SIP are based on new 
estimates of VMT and speeds from updated, state-of-the-art travel 
demand and link-level emissions estimation models; on a newer and more 
accurate motor vehicle emission factor model (MOBILE6.2 instead of 
MOBILE5); and on an updated registration distribution by age developed 
using registration data obtained from R.L. Polk & Company. These MVEBs 
are the most accurate estimates of motor vehicle emissions developed, 
to date, for the Atlanta ozone nonattainment area.
    Implementation Schedule: All control measures being relied on for 
this plan were implemented no later than May 1, 2003, with the 
exception of the final phase of Georgia's low-sulfur gasoline marketing 
rule, implemented September 16, 2003.
    Milestone Failure Contingencies: As part of this Post-1999 ROP 
Plan, Georgia is required to include a contingency plan identifying 
additional controls to be implemented in the event of a milestone 
failure. Contingency measures must be fully adopted rules or measures 
that will take effect without further action by the State or EPA if an 
area fails to make reasonable further progress by the applicable date. 
As discussed above, and consistent with Georgia's 9% Plan, this Post-
1999 ROP SIP relies solely on reduction in NOX emissions. 
The contingency plan is also for NOX only.
    EPA guidance suggests that a contingency plan should include 3 
percent of the 1990 Adjusted Baseline Inventory's emissions. The 1990 
Adjusted-to-2004 Baseline NOX Inventory is 1132.1 tpd (see 
Table 5); a 3 percent contingency would be 34.0 NOX tpd:

1132.1 x 0.03=34.0

    This Post-1999 ROP Plan identifies excess 2004 NOX 
reductions of 118.5 tpd. The 3 percent contingency, if needed, can be 
met with these excess NOX reductions.
    Reporting Requirements: All of the control measures being relied 
upon for the success of this Post-1999 ROP SIP are already in place. 
Georgia Power's compliance with the State rule regulating 
NOX emissions from large EGU point sources is reflected in 
the emissions data they report to EPA's CEMS clearinghouse. This 
information can be retrieved here:

2002 data:

    http://www.epa.gov/airmarkets/ emissions/prelimarp/02q4/ 
ozone02x.zip.

1999 data:

    http://cfpub.epa.gov/gdm/ index.cfm?fuseaction=prepackaged. 
select&CFID=15438597&CFTOKEN= 63777112.
    Conclusions: The emission controls being relied upon for this Post-
1999

[[Page 25355]]

ROP SIP were found to be more than sufficient to reduce overall 
NOX emissions by the required amounts and also to offset all 
of the growth in NOX emissions projected to occur between 
1999 and 2002, and between 2002 and 2004. Projected emissions for 2002 
and 2004 are below the respective target levels, as shown in Table 16. 
``Excess'' NOX reductions, the amount by which the projected 
emissions are below the target level, total 30.9 tpd in 2002 and 118.5 
tpd in 2004.

 Table 16.-- NOX Target Levels and Projected Emissions for the Post-1999
                                   ROP
------------------------------------------------------------------------
                                             NOX emissions (tpd)
                                  --------------------------------------
               Year                              Projected
                                    Target NOX      NOX       Excess NOX
                                      level      inventory    reductions
------------------------------------------------------------------------
2002.............................        940.6        909.7         30.9
2004.............................        854.7        736.2        118.5
------------------------------------------------------------------------

III. Proposed Action

    Today, EPA is proposing to approve Georgia's Post-1999 ROP Plan 
because the Plan meets the requirements of the CAA. As part of this 
approval, EPA is approving the 2004 VOC MVEB of 160.8 tpd and the 2004 
NOX MVEB of 318.24 tpd. For transportation conformity 
purposes these 2004 MVEBs will be applicable on the date of final 
rulemaking of this Post-1999 ROP SIP.

 IV. Status of EPA's Transportation Conformity Adequacy Determination

     Under the CAA, States are required to submit, at various times, 
control strategy SIPs and maintenance plans in ozone areas. These 
control strategy SIPs (e.g., reasonable further progress SIPs such as 
Rate of Progress SIPS) and maintenance plans create MVEBs for criteria 
pollutants and/or their precursors to address pollution from cars and 
trucks. The MVEBs are the portion of the total allowable emissions 
allocated to highway and transit vehicle use and emissions. The MVEBs 
serve as a ceiling on emissions form an area's planned transportation 
system. The MVEB concept is further explained in the preamble to the 
November 24, 1993, transportation conformity rule (58 FR 62188). The 
preamble also describes how to establish and revise MVEBs in the SIP.
     Under Section 176(c) of the CAA, new transportation projects, such 
as the construction of new highways, must ``conform'' to (e.g., be 
consistent with) the part of the State's air quality plan that 
addresses pollution from cars and trucks. ``Conformity'' to the SIP 
means that transportation activities will not cause new air quality 
violations, worsen existing violations, or delay timely attainment of 
the national ambient air quality standards. Under the transportation 
conformity rule, at 40 CFR part 93, projected emissions from 
transportation plans and programs must be equal to or less than the 
MVEBs for the area. If a transportation plan does not ``conform,'' most 
projects that would expand the capacity of roadways cannot go forward. 
Regulations at 40 CFR part 93 set forth EPA policy, criteria, and 
procedures for demonstrating and assuring conformity of such 
transportation activities to a SIP.
     Until an MVEB in a SIP submittal is approved by EPA, it cannot be 
used for transportation conformity purposes unless EPA makes an 
affirmative finding that the MVEBs contained therein are ``adequate.'' 
Once EPA affirmatively finds the submitted MVEBs adequate for 
transportation conformity purposes, those MVEBs can be used by the 
State and Federal agencies in determining whether proposed 
transportation projects ``conform'' to the SIP even though EPA approval 
of the SIP revision containing those MVEBs has not yet been finalized. 
EPA's substantive criteria for determining ``adequacy'' of MVEBs in 
submitted SIPs are set out in 40 CFR 93.118(e)(4).
     EPA's process for determining ``adequacy'' of MVEBs in submitted 
SIPs, consists of three basic steps: public notification of a SIP 
submission, a public comment period, and EPA's adequacy finding. This 
process for determining the adequacy of submitted SIP MVEBs is set out 
in EPA's May 1999 guidance, ``Conformity Guidance on Implementation of 
March 2, 1999, Conformity Court Decision.'' This guidance is 
incorporated into EPA's June 30, 2003, EPA proposed rulemaking entitled 
``Transportation Conformity Rule Amendments: Response to Court Decision 
and Additional Rule Changes'' (68 FR 38974). EPA follows this guidance 
in making its adequacy determinations.
     Georgia's Post-1999 Rate-of-Progress SIP for the Atlanta 1-hour 
ozone nonattainment area VOC and NOX MVEBs for the year 
2004. The availability of this SIP submission with these 2004 MVEBs was 
announced for public comment on EPA's adequacy Web page at: http://www.epa.gov/otaq/transp/conform/currsips.htm. The EPA public comment 
period on adequacy of the 2004 MVEBs for the Atlanta 1-hour ozone 
nonattainment area closed on February 5, 2004. Following a thorough 
review of all public comments received and an evaluation of whether the 
adequacy criteria have been met, EPA will make its adequacy 
determination. If EPA makes its adequacy determination in the final 
rulemaking on this ROP SIP revision, and if EPA concludes, after 
reviewing any comments submitted, that Georgia's proposed new 2004 
NOX and VOC MVEBs are adequate, then the new 2004 MVEBs will 
be applicable for transportation conformity determinations on the date 
of final rulemaking of an EPA approval of Georgia's ROP SIP revision.

V. General Information

A. How Can I Get Copies of This Document and Other Related Information?

     1. The Regional Office has established an official public 
rulemaking file available for inspection at the Regional Office. EPA 
has established an official public rulemaking file for this action 
under R04-OAR-2004-GA-0001. The official public file consists of the 
documents specifically referenced in this action, any public comments 
received, and other information related to this action. Although a part 
of the official docket, the public rulemaking file does not include 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. The official public rulemaking 
file is the collection of materials that is available for public 
viewing at the Regulatory Development Section, Air Planning Branch, 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960. EPA requests that if at all possible, you contact the 
contact listed in the FOR FURTHER INFORMATION CONTACT section to

[[Page 25356]]

schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 9 to 3:30, excluding Federal 
holidays.
     2. Electronic Access. An electronic version of the public docket 
is available through EPA's Regional Material EDocket (RME) system, a 
part of EPA's electronic docket and comment system. You may access RME 
at http://docket.epa.gov/rmepub/index.jsp to review associated 
documents and submit comments. Once in the system, select ``quick 
search,'' then key in the appropriate RME Docket identification number.
     You may also access this Federal Register document electronically 
through the Regulations.gov, Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
     For public commenters, it is important to note that EPA's policy 
is that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.
     3. Copies of the State submittal and EPA's technical support 
document are also available for public inspection during normal 
business hours, by appointment at the State Air Agency: Air Protection 
Branch, Georgia Environmental Protection Division, Georgia Department 
of Natural Resources, 4244 International Parkway, Suite 120, Atlanta, 
Georgia 30354. Telephone: (404) 363-7000.

B. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking R04-OA-2004-GA-0001'' in the 
subject line on the first page of your comment. Please ensure that your 
comments are submitted within the specified comment period. Comments 
received after the close of the comment period will be marked ``late.'' 
EPA is not required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contract information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in Regional Material EDocket. If EPA cannot read your comment 
due to technical difficulties and cannot contact you for clarification, 
EPA may not be able to consider your comment.
    i. Regional Material EDocket (RME). Your use of EPA's RME to submit 
comments to EPA electronically is EPA's preferred method for receiving 
comments. Go directly to RME at http://docket.epa.gov/rmepub/index.jsp, 
and follow the online instructions for submitting comments. To access 
EPA's RME from the EPA Internet Home Page, select ``Information 
Sources,'' ``Dockets,'' ``EPA Dockets,'' ``Regional Material EDocket.'' 
Once in the system, select ``quick search,'' and then key in RME Docket 
ID No. R04-OAR-2004-GA-0001. The system is an ``anonymous access'' 
system, which means EPA will not know your identity, e-mail address, or 
other contact information unless you provide it in the body of your 
comment.
    ii. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], please include the text ``Public comment on 
proposed rulemaking R04-OAR-2004-GA-0001'' in the subject line. EPA's 
e-mail system is not an ``anonymous access'' system. If you send an e-
mail comment directly without going through Regulations.gov, EPA's e-
mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.
    iii. Regulations.gov. Regulation.gov. Your use of Regulation.gov is 
an alternative method of submitting electronic comments to EPA. Go 
directly to Regulations.gov at http://www.regulations.gov, then select 
Environmental Protection Agency at the top of the page and use the go 
button. The list of current EPA actions available for comment will be 
listed. Please follow the online instructions for submitting comments. 
The system is an ``anonymous access'' system, which means EPA will not 
know your identiy, e-mail address, or other contact information unless 
you provide it in the body of your comment.
    iv. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII file format. Avoid the use of special characters and any 
form of encryption.
    2. By Mail. Send your comments to: Mr. Scott M. Martin, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Please include the 
text ``Public comment on proposed rulemaking R04-OAR-2004-GA-0001'' in 
the subject line on the first page of your comment.
    3. Deliver your comments to: Mr. Scott M. Martin, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division 12th floor, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such 
deliveries are only accepted during the Regional Office's normal hours 
of operation. The Regional Office's official hours of business are 
Monday through Friday, 9 to 3:30, excluding Federal holidays.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part of or all of that information as CBI (if 
your submit CBI or CD ROM mark the outside of the disk or CD ROM as CBI 
and then identify electronically within the disk or CD ROM the specific 
information that is CBI). Information so marked will not be disclosed 
except in accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any

[[Page 25357]]

information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
official public region rulemaking file. If you submit the copy that 
does not contain CBI on disk or CD ROM, mark the outside of the disk or 
CD ROM clearly that it does not contain CBI. Information not marked as 
CBI will be included in the public file and available for public 
inspection without prior notice. If you have any questions about CBI or 
the procedures for claiming CBI, please consult the person identified 
in the FOR FURTHER INFORMATION CONTACT section.

D. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate 
regional file/rulemaking identification number in the subject line on 
the first page of your response. It would also be helpful if you 
provided the name, date, and Federal Register citation related to your 
comments.

VI. Statutory and Executive Order Reviews

    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 (Pub. L. 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 
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, 
Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements.

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

    Dated: April 26, 2004.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. 04-10101 Filed 5-5-04; 8:45 am]
BILLING CODE 6560-50-M