[Federal Register Volume 70, Number 69 (Tuesday, April 12, 2005)]
[Proposed Rules]
[Pages 19031-19035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7333]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R04-OAR-2004-GA-0003-200427; FRL-7897-9]


Approval and Promulgation of Implementation Plans Georgia: 
Vehicle Miles Traveled State Implementation Plan for the Atlanta 1-Hour 
Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the State of Georgia, through the Georgia 
Environmental Protection Division (EPD) on June 30, 2004, regarding the 
Severe Area Vehicles Miles Traveled (VMT) SIP for the Atlanta 1-Hour 
Ozone Nonattainment Area for the purpose of offsetting any growth in 
emissions from

[[Page 19032]]

growth in VMT as required by the Clean Air Act (CAA or the Act) as 
Amended in 1990. The State demonstrated that emissions from increases 
in VMT, or numbers of vehicle trips, within the Atlanta area did not 
rise above an established ceiling by 2004. The rationale for this 
proposed approval is set forth below.

DATES: Written comments must be received on or before May 12, 2005.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID No. R04-OAR-2004-GA-0003, by one of the following 
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Agency Web site: http://docket.epa.gov/rmepub/ RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Once in the system, select ``quick search,'' 
then key in the appropriate RME Docket identification number. Follow 
the on-line instructions for submitting comments.
    3. E-mail: [email protected].
    4. Fax: 404-562-9019.
    5. Mail: ``R04-OAR-2004-GA-0003'', 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.
    6. Hand Delivery or Courier. Deliver your comments to: 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, 8:30 to 4:30, 
excluding Federal holidays.
    Instructions: Direct your comments to RME ID No. R04-OAR-2004-GA-
0003. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://docket.epa.gov/rmepub/, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through RME, regulations.gov, 
or e-mail. The EPA RME Web site and the federal regulations.gov Web 
site are ``anonymous access'' systems, which means EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://docket.epa.gov/rmepub/. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in RME 
or in hard copy at the Regulatory Development Section, Air Planning 
Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the contact listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30, excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: 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: The use of ``we,'' ``us,'' or ``our'' in 
this document refers to EPA.

Table of Contents

I. Background
II. What Is a VMT Offset SIP?
III. Analysis of State Submittal
    --Calculation of Vehicle Miles Traveled 1999-2004
    --Calculation of Emissions
    --Control Measures Modeled
    --Estimated Emissions
    --Conclusion
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. Background

    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. 
Atlanta was classified as a serious 1-hour ozone nonattainment area on 
November 6, 1991, (see 56 FR 56694), with an attainment deadline of 
1999. Atlanta failed to attain the 1-hour ozone National Ambient Air 
Quality Standard (NAAQS) by November 15, 1999, and was reclassified 
from a serious to a severe 1-hour ozone nonattainment area effective 
January 1, 2004, (see 68 FR 55469). In addition to being required to 
meet SIP revision requirements for marginal, moderate, and serious 
ozone nonattainment areas, Georgia is required to submit plans required 
for severe areas, which includes submission of a VMT Offset SIP under 
section 182(d)(1)(A) of the Act.
    On February 1, 2005, the State submitted to EPA a redesignation 
request and maintenance plan for the Atlanta 1-hour ozone nonattainment 
area that is based on actual ozone monitoring data for the years 2002 
to 2004. The data submitted indicates that no violations of the one-
hour ozone NAAQS occurred in Atlanta between 2002 and the attainment 
year of 2004. EPA is addressing Georgia's redesignation request through 
a separate notice.

II. What Is a VMT Offset SIP?

    Section 182(d)(1)(A) of the Act requires States containing ozone 
nonattainment areas classified as severe, pursuant to section 181(a) of 
the Act, to submit a SIP revision that identifies and adopts 
transportation control strategies and TCMs necessary to offset 
increases in emissions resulting from growth in VMT (the VMT offset 
SIP), and to obtain reductions in motor vehicle emissions as necessary 
(in combination with other emission reduction requirements) to comply 
with the Act's Reasonable Further Progress (RFP) milestones and 
attainment demonstration requirements (RFP and attainment demonstration 
SIPs). Our interpretation of section

[[Page 19033]]

182(d)(1)(A) is discussed in the April 16, 1992, General Preamble (57 
FR 13498). Section 182(d)(1)(A) of the Act specifies submission of the 
VMT Offset SIP by November 15, 1992, for any severe and above ozone 
nonattainment area. However, EPA has concluded that section 182(i) of 
the Act authorizes EPA to adjust applicable deadlines (other than 
attainment dates) to the extent such adjustment is necessary or 
appropriate to assure consistency among the required submissions of new 
requirements applicable to an area which has been reclassified. In the 
final rule reclassifying the Atlanta area to severe nonattainment, EPA 
established the submission deadline of June 30, 2004, for the section 
182(d)(1) SIP revision as EPA set for all the other new SIP revision 
elements applicable to reclassified area. See (68 FR 55469). EPA's 
action today relates only to the VMT offset SIP requirement from 
section 182(d)(1)(A) that the State demonstrate whether TCMs are needed 
to offset increases in emissions resulting from growth of VMTs. The 
other requirements of section 182(d)(1)(A), whether TCMs are needed to 
obtain reductions in motor vehicle emissions as necessary (in 
combination with other emission reduction requirements) to comply with 
the Act's RFP milestones and attainment demonstration requirements, are 
being addressed by EPA in a separate notice.

III. Analysis of State Submittal

    In the General Preamble EPA explained how states are to demonstrate 
that the VMT requirement is satisfied. Sufficient measures must be 
adopted so projected motor vehicle VOC emissions will stay beneath a 
``ceiling level'' established through modeling of mandated 
transportation-related controls. When growth in VMT and vehicle trips 
would otherwise cause a motor vehicle emissions upturn, this upturn 
must be prevented, or offset, by TCMs. If projected total motor vehicle 
emissions during the ozone season in one year are not higher than 
during the previous ozone season due to the control measures in the 
SIP, the VMT offset requirement is satisfied. In order to make these 
projections, vehicle emissions are modeled to represent the effects of 
required reductions from the following mandatory programs: an enhanced 
inspection and maintenance (I/M) program, Phase 2 reid vapor pressure 
(RVP) fuel, reformulated gasoline, and the federal motor vehicle 
control program (FMVCP). (See 57 FR 13498 at 13521-13523, April 16, 
1992.) As described in the General Preamble, the purpose of section 
182(d)(1)(A) of the Act is to prevent growth in motor vehicle emissions 
from negating the emissions reduction benefits of the federally 
mandated programs in the Act. EPA believes it is appropriate to 
interpret the VMT Offset SIP provisions of the Act to account for how 
states can practicably comply with each of the provision's elements.

Calculation of Vehicle Miles Traveled 1999-2004

    Section III A(5)(d) of the General Preamble says that states should 
project motor vehicle emissions for their VMT SIP revisions in 
accordance with EPA's ``Section 187'' guidance. Section 187 VMT 
Forecasting and Tracking Guidance, U.S. EPA, January, 1992, http://www.epa.gov/oms/transp/vmttrack/vmtguide.zip. According to part 1.3 of 
the Section 187 guidance, ``EPA has chosen to specify the use of the 
[Highway Performance Monitoring System(HPMS)] approach in this guidance 
for purposes of tracking * * * VMT * * * For forecasting VMT, network 
models were chosen as the best method. Though these models are not 
considered to be a superior source of historical area-wide VMT * * * 
they are considered to be the best predictor of growth factors for VMT 
forecasts.''
    For this analysis, EPD estimated emissions using motor vehicle 
activity data from two sources. ``Actual'' VMT obtained from the 
Georgia Department of Transportation (GDOT) were used where available, 
i.e., for the years 1999 through 2002. The VMT in these ``445 reports'' 
are count-based estimates which are reported to Federal Highway 
Administration (FHWA) each year. A State's HPMS data is required to be 
submitted annually, by June 15 of the year following the data year. The 
445 reports are available on this GDOT Web page: http://www.dot.state.ga.us/dot/plan-prog/transportation_data/400reports/index.shtml.
    For the years 2003 and 2004, VMT estimates from the Atlanta 
Regional Commission's (ARC) network-based travel demand model were used 
to develop growth factors. These growth factors were then applied to 
2002 ``actual'' VMT to obtain projected VMT. The same ARC model used in 
developing mobile source emissions estimates for Georgia's recently 
submitted Post-1999 Rate of Progress (ROP) plan was used. This model 
was substantially revised and enhanced. See ``Travel Demand Model 
Enhancements Reflected in Projected Emissions Inventories'' in Appendix 
A of the Post-1999 ROP Plan for details: http://www.dnr.state.ga.us/dnr/environ/plans_files/plans/app_a_mobile_modeling.pdf in 2003 and 
underwent a significant recalibration to Census 2000 data, including 
updated population and employment estimates.
    Consistent with EPA guidance ``HPMS-based annual average daily VMT 
should * * * be adjusted for seasonal effects * * *''. VMT for ozone 
non-attainment areas should be adjusted to the summer season. * * *'' 
Pursuant to Section 3.4.1.3.3 of EPA's guidance entitled ``Procedures 
for Emission Inventory Preparation, Volume IV: Mobile Sources,'' EPA-
420-R-92-009, U.S. EPA, Office of Air and Radiation, Office of Mobile 
Sources, 1992, http://www.epa.gov/otaq/invntory/r92009.pdf, annual 
average daily vehicle miles traveled were converted to summer daily 
vehicle miles traveled (SDVMT) using seasonal adjustment factors 
obtained from GDOT.
    Table 1 below shows 13-county total SDVMT for the years 1999 
through 2004.

  Table 1.--13-County Atlanta Area Summer Daily Vehicle Miles Traveled,
                              1999 to 2004
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                         Year                                SDVMT
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1999.................................................        118,478,178
2000.................................................        121,147,325
2001.................................................        123,985,255
2002.................................................        125,091,783
2003.................................................        128,763,973
2004.................................................        132,436,163
------------------------------------------------------------------------

Calculation of Emissions

    In consultation between EPD and EPA Region 4, it was decided that, 
in fulfilling the VMT SIP requirement, Georgia could calculate motor 
vehicle emissions from 1999, the attainment deadline for serious ozone 
nonattainment areas, through Atlanta's severe area attainment year of 
2004. Although the Act's requirement only applies to VOC emissions, 
nitrogen oxide (NOX) as well as VOC emissions were included 
separately in the analysis.
    EPD performed an analysis of projected highway mobile source 
emissions for the years of 1999 through 2004 for the 13-county Atlanta 
nonattainment area which demonstrated that projected motor vehicle VOC 
and NOX emissions were not higher during the ozone season of 
any one year than during the ozone season in the preceding year. For 
each year from 1999 through 2004, typical summer day highway mobile 
source emissions inventories were estimated for the 13-county 1-hour 
ozone nonattainment area. These inventories reflect the most

[[Page 19034]]

recent planning assumptions available and include all Federal and State 
mobile source control rules, including enhanced I/M, Stage II vapor 
recovery, federal tailpipe standards, and low-sulfur low-volatility 
Georgia gasoline.

Control Measures Modeled

    Georgia EPD used the MOBILE6.2 model to calculate motor vehicle 
emission rates reflecting all Federal and State mobile source control 
rules, including enhanced vehicle I/M on 25-year-old and newer cars and 
light trucks; 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) RVP gasoline; Stage II gasoline refueling vapor 
recovery; the FMVCP, including Tier 1 and (beginning with 2004 models) 
Tier 2 tailpipe standards; the National Low Emission Vehicle program; 
and technician training and certification. The same temperature and 
humidity data, VMT fractions, and local vehicle age distribution used 
for the Post-1999 ROP Plan were used in the modeling. See Appendix A of 
the Post-1999 ROP Plan for further discussion of mobile source 
modeling.

Estimated Emissions

    Table 2 gives the estimated summer day vehicle emissions in the 
Atlanta area for the years 1999 through 2004. The emission estimates do 
not include reductions attributable to the Partnership for a Smog-free 
Georgia, a voluntary mobile source emission reduction program, or from 
the TCMs incorporated into Georgia's approved 15 percent and 9 percent 
Plans.
    The requirement to offset growth in emissions due to growth in VMT 
is satisfied by demonstrating no such growth will take place, i.e., 
that emissions continued to decline through the attainment year of 
2004.

     Table 2.--Estimated Motor Vehicle Emissions in the Atlanta Area
------------------------------------------------------------------------
                                                 VOC  tons/   NOX  tons/
                     Year                           day          day
------------------------------------------------------------------------
1999..........................................       211.86       378.65
2000..........................................       197.21       370.27
2001..........................................       192.16       359.65
2002..........................................       181.19       339.73
2003..........................................       171.50       320.40
2004..........................................       159.84       296.37
------------------------------------------------------------------------

    As shown in Table 2, estimated motor vehicle emissions of both VOC 
and NOX decrease through the 2004 attainment year for the 
Atlanta severe ozone nonattainment area. This decrease of emissions 
occurs although VMT increased. This analysis demonstrates that there is 
no need to adopt additional TCMs to meet the severe area ozone 
standard.

Conclusion

    This SIP revision has addressed the requirement of Section 
182(d)(1)(A) of the Act that severe ozone nonattainment areas submit a 
SIP revision that identifies whether it is necessary to adopt TCMs to 
offset growth in emissions attributable to growth in VMT. According to 
EPA's guidance for VMT SIPs, section III A(5)(d) of the General 
Preamble, if projected total motor vehicle emissions during the ozone 
season in one year are not higher than during the ozone season the year 
before, given the control measures in the SIP, the VMT offset 
requirement is satisfied. For each year from 1999 to 2004, typical 
summer day highway mobile source emissions inventories were estimated 
for the Atlanta 13-county 1-hour ozone nonattainment area. These 
inventories, which reflect the most recent planning assumptions 
available and include all Federal and State mobile source control 
rules, demonstrate that motor vehicle emissions of both VOC and 
NOX decreased each year, for a six-year period, through the 
2004 attainment year for the Atlanta severe ozone nonattainment area. 
Therefore, per the Act and EPA policy as stated in the General 
Preamble, the adoption of TCMs are not required for Atlanta to 
demonstrate attainment of the one-hour NAAQS standard for ozone.

IV. Proposed Action

    Today, EPA is proposing to approve the Georgia's Severe Area 
Vehicle Miles Traveled SIP for the Atlanta 1-Hour Ozone Nonattainment 
Area because the plan meets the requirements of the CAA.

V. 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.).

[[Page 19035]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Volatile organic 
compounds.

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

    Dated: April 1, 2005.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 05-7333 Filed 4-11-05; 8:45 am]
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