[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Proposed Rules]
[Pages 1144-1162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33196]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R04-OAR-2013-0084; FRL-9940-88-Region 4]


Air Plan Approval and Air Quality Designation; GA; Redesignation 
of the Atlanta, GA, 1997 Annual PM2.5 Nonattainment Area to 
Attainment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On August 30, 2012, the Georgia Department of Natural 
Resources, through the Georgia Environmental Protection Division (GA 
EPD), submitted a request for the Environmental Protection Agency (EPA) 
to redesignate the Atlanta, Georgia, fine particulate matter 
(PM2.5) nonattainment area (hereafter referred to as the 
``Atlanta Area'' or ``Area'') to attainment for the 1997 Annual 
PM2.5 national ambient air quality standards (NAAQS) and to 
approve a state implementation plan (SIP) revision containing a 
maintenance plan for the Atlanta Area. EPA is proposing to determine 
that the Atlanta Area is continuing to attain the 1997 Annual 
PM2.5 NAAQS; to approve Georgia's plan for maintaining the 
1997 Annual PM2.5 NAAQS in the Atlanta Area (maintenance 
plan), including the associated motor vehicle emission budgets (MVEBs) 
for nitrogen oxides (NOX) and PM2.5 for the year 
2024, into Georgia's SIP; and to redesignate the Atlanta Area to 
attainment for the 1997 Annual PM2.5 NAAQS. EPA is also 
notifying the public of the status of EPA's adequacy determination for 
the Atlanta Area.

DATES: Comments must be received on or before February 1, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2013-0084, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: EPA-R04-OAR-2013-0084, Air Regulatory Management Section, 
Air Planning and Implementation Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW., Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief, Air 
Regulatory Management Section, Air Planning and Implementation Branch, 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Such deliveries are only accepted during the Regional 
Office's normal hours of operation. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2013-0084. EPA policy is that all comments received will be included in 
the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information may not be publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in 
www.regulations.gov or in hard copy at the Air Regulatory Management 
Section, Air Planning and Implementation Branch, Air, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA 
requests that if at all possible, you contact the person listed in the 
FOR FURTHER INFORMATION CONTACT section to schedule your inspection. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Joel Huey, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. Joel Huey may be reached by phone at (404) 
562-9104 or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. What are the actions EPA is proposing to take?
II. What is the background for EPA's proposed actions?
III. What are the criteria for redesignation?
IV. Why is EPA proposing these actions?

[[Page 1145]]

V. What is EPA's analysis of the request?
VI. What is the effect of the January 4, 2013, D.C. Circuit decision 
regarding PM2.5 implementation under subpart 4?
VII. What is EPA's analysis of Georgia's proposed NOX and 
PM2.5 MVEBs for the Atlanta Area?
VIII. What is the status of EPA's adequacy determination for the 
proposed NOX and PM2.5 MVEBs for 2024 for the 
Atlanta area?
IX. Proposed Actions on the Redesignation Request and Maintenance 
Plan SIP Revisions Including Approval of the NOX and 
PM2.5 MVEBs for 2024 for the Atlanta Area.
X. Statutory and Executive Order Reviews

I. What are the actions EPA is proposing to take?

    EPA is proposing to take the following three separate but related 
actions, one of which involves multiple elements: (1) To determine that 
the Atlanta Area is continuing to attain the 1997 Annual 
PM2.5 NAAQS; (2) to approve Georgia's plan for maintaining 
the 1997 Annual PM2.5 NAAQS for the Atlanta Area 
(maintenance plan), including the associated MVEBs, into Georgia SIP; 
and (3) to redesignate the Atlanta Area to attainment for the 1997 
Annual PM2.5 NAAQS. EPA is also notifying the public of the 
status of EPA's adequacy determination for the MVEBs for the Atlanta 
Area. The Atlanta Area is comprised of twenty whole counties and two 
partial counties in Georgia: Barrow, Bartow, Carroll, Cherokee, 
Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, 
Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding, Walton, 
and portions of Heard and Putnam Counties. Today's proposed actions are 
summarized below and described in great detail in this notice of 
proposed rulemaking.
    EPA is making the preliminary determination that the Atlanta Area 
is continuing to attain the 1997 Annual PM2.5 NAAQS based on 
recent air quality data \1\ and proposing to approve Georgia's 1997 
Annual PM2.5 NAAQS maintenance plan for the Atlanta Area 
(such approval being one of the Clean Air Act (CAA or Act) criteria for 
redesignation to attainment status). The maintenance plan is designed 
to help keep the Atlanta Area in attainment for the 1997 Annual 
PM2.5 NAAQS through 2024. As explained in Section V below, 
EPA is also proposing to determine that attainment can be maintained 
through 2025. The maintenance plan that EPA is proposing to approve 
today includes on-road MVEBs for the mobile source contribution of 
NOX and direct PM2.5 to the air quality problem 
in the Atlanta Area for transportation conformity purposes. EPA is 
proposing to approve the 2024 MVEBs for NOX and 
PM2.5 for the Atlanta Area and incorporate them in to the 
Georgia SIP.
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    \1\ As discussed in section V below, this proposed determination 
is also based on EPA's December 8, 2011, determination that the 
Atlanta Area was attaining the standard at that time. 76 FR 76620.
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    EPA also proposes to determine that the Atlanta Area has met the 
requirements for redesignation under section 107(d)(3)(E) of the CAA. 
Accordingly, in this action, EPA is proposing to approve a request to 
change the legal designation of the Barrow, Bartow, Carroll, Cherokee, 
Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, 
Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding, Walton, 
and portions of Heard and Putnam Counties in Georgia from nonattainment 
to attainment for the 1997 Annual PM2.5 NAAQS.
    EPA is also notifying the public of the status of EPA's adequacy 
process for the 2024 NOX and PM2.5 MVEBs for the 
Atlanta Area. The Adequacy comment period began on February 21, 2013, 
with EPA's posting of the availability of Georgia's submission on EPA's 
Adequacy Web site (http://www.epa.gov/otaq/stateresources/transconf/currsips.htm#atlanta0221). The Adequacy comment period for these MVEBs 
closed on March 25, 2013. No comments, adverse or otherwise, were 
received through the Adequacy process. Please see section VIII of this 
proposed rulemaking for further explanation of this process and for 
more details on the MVEBs.
    In summary, today's notice of proposed rulemaking is in response to 
Georgia's August 30, 2012, redesignation request and associated SIP 
submission that address the specific issues summarized above and the 
necessary elements for redesignation described in section 107(d)(3)(E) 
of the CAA.

II. What is the background for EPA's proposed actions?

    Fine particle pollution can be emitted directly or formed 
secondarily in the atmosphere.\2\ The main precursors of secondary 
PM2.5 are sulfur dioxide (SO2), NOX, 
ammonia, and volatile organic compounds (VOC). See 72 FR 20586, 20589 
(April 25, 2007). Sulfates are a type of secondary particle formed from 
SO2 emissions of power plants and industrial facilities. 
Nitrates, another common type of secondary particle, are formed from 
NOX emissions of power plants, automobiles, and other 
combustion sources.
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    \2\ Fine particulate matter, or PM2.5, refers to 
airborne particles less than or equal to 2.5 micrometers in 
diameter. Although treated as a single pollutant, fine particles 
come from many different sources and are composed of many different 
compounds. In the Atlanta Area, one of the largest components of 
PM2.5 is sulfate, which is formed through various 
chemical reactions from the precursor SO2. The other 
major component of PM2.5 is organic carbon, which 
originates predominantly from biogenic emission sources. Nitrate, 
which is formed from the precursor NOX, is also a 
component of PM2.5. Crustal materials from windblown dust 
and elemental carbon from combustion sources are less significant 
contributors to total PM2.5. VOCs, also precursors for 
PM, are emitted from a variety of sources, including motor vehicles, 
chemical plants, refineries, factories, consumer and commercial 
products, and other industrial sources. VOCs also are emitted by 
natural sources such as vegetation.
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    On July 18, 1997, EPA promulgated the first air quality standards 
for PM2.5. EPA promulgated an annual standard at a level of 
15 micrograms per cubic meter ([mu]g/m\3\), based on a 3-year average 
of annual mean PM2.5 concentrations. In the same rulemaking, 
EPA promulgated a 24-hour standard of 65 [mu]g/m\3\, based on a 3-year 
average of the 98th percentile of 24-hour concentrations. On October 
17, 2006, EPA retained the annual average NAAQS at 15 [mu]g/m\3\ but 
revised the 24-hour NAAQS to 35 [mu]g/m\3\, based again on the 3-year 
average of the 98th percentile of 24-hour concentrations.\3\ See 71 FR 
61144. Under EPA regulations at 40 CFR part 50, the primary and 
secondary 1997 Annual PM2.5 NAAQS are attained when the 
annual arithmetic mean concentration, as determined in accordance with 
40 CFR part 50, Appendix N, is less than or equal to 15.0 [micro]g/m\3\ 
at all relevant monitoring sites in the subject area averaged over a 3-
year period.
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    \3\ In response to legal challenges of the annual standard 
promulgated in 2006, the United States Court of Appeals for the 
District of Columbia Circuit (D.C. Circuit) remanded that NAAQS to 
EPA for further consideration. See American Farm Bureau Federation 
and National Pork Producers Council, et al. v. EPA, 559 F.3d 512 
(D.C. Cir. 2009). However, given that the 1997 and 2006 Annual NAAQS 
are essentially identical, attainment of the 1997 Annual NAAQS would 
also indicate attainment of the remanded 2006 Annual NAAQS.
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    On January 5, 2005, and supplemented on April 14, 2005, EPA 
designated the Atlanta Area as nonattainment for the 1997 
PM2.5 NAAQS. See 70 FR 944 and 70 FR 19844, respectively. On 
November 13, 2009, EPA promulgated designations for the 24-hour 
PM2.5 NAAQS established in 2006 and designated all counties 
of the Atlanta Area as unclassifiable/attainment for that standard. See 
74 FR 58688. EPA did not promulgate designations for the 2006 Annual 
PM2.5 NAAQS because that NAAQS was essentially identical to 
the 1997 Annual PM2.5 NAAQS. The November 13, 2009,

[[Page 1146]]

action also clarified that all counties of the Atlanta Area were 
designated unclassifiable/attainment for the 1997 24-hour 
PM2.5 NAAQS through the designations promulgated on January 
5, 2005. Therefore, the Area is designated nonattainment for the 1997 
Annual PM2.5 NAAQS, and today's action only addresses that 
designation.
    All 1997 PM2.5 NAAQS areas were originally designated 
under subpart 1 of title I, part D, of the CAA. Subpart 1 contains the 
general requirements for nonattainment areas for any pollutant governed 
by a NAAQS and is less prescriptive than the other subparts of title I, 
part D. On April 25, 2007, EPA promulgated its Clean Air Fine Particle 
Implementation Rule, codified at 40 CFR part 51, subpart Z, in which 
the Agency provided guidance for state and tribal plans to implement 
the 1997 PM2.5 NAAQS. See 72 FR 20664. This rule, at 40 CFR 
51.1004(c), specifies some of the regulatory results of attaining the 
NAAQS, as discussed below. The D.C. Circuit remanded the Clean Air Fine 
Particle Implementation Rule and the final rule entitled 
``Implementation of the New Source Review (NSR) Program for Particulate 
Matter Less than 2.5 Micrometers (PM2.5)'' (73 FR 28321, May 
16, 2008) (collectively, ``1997 PM2.5 Implementation 
Rules'') to EPA on January 4, 2013, in Natural Resources Defense 
Council v. EPA, 706 F.3d 428 (D.C. Cir. 2013). The Court found that EPA 
erred in implementing the 1997 PM2.5 NAAQS pursuant to the 
general implementation provisions of subpart 1 of Part D of Title I of 
the CAA rather than the particulate matter-specific provisions of 
subpart 4 of part D of title I. The effect of the Court's ruling on 
this proposed redesignation action is discussed in detail in Section VI 
of this notice.
    The 3-year ambient air quality data for 2008-2010 indicated no 
violations of the 1997 PM2.5 NAAQS for the Atlanta Area. As 
a result, on August 30, 2012, Georgia requested redesignation of the 
Atlanta Area to attainment for the 1997 Annual PM2.5 NAAQS. 
The redesignation request includes three years of ambient air quality 
data, certified as quality-assured by the State of Georgia, for the 
1997 Annual PM2.5 NAAQS for 2008-2010, indicating that the 
1997 PM2.5 NAAQS had been achieved for the Atlanta Area. 
Under the CAA, nonattainment areas may be redesignated to attainment if 
sufficient quality-assured data is available for the Administrator to 
determine that the area has attained the standard and the area meets 
the other CAA redesignation requirements in section 107(d)(3)(E). The 
Atlanta Area's design value,\4\ based on data from 2008 through 2010, 
is below 15.0 [micro]g/m\3\, which demonstrates attainment of the 
standard. While annual PM2.5 concentrations are dependent on 
a variety of conditions, the overall improvement in annual 
PM2.5 concentrations in the Atlanta Area can be attributed 
to the reduction of pollutant emissions, as discussed in more detail in 
Section V of this proposed rulemaking.
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    \4\ Design values are the metrics that are compared to the NAAQS 
levels to determine attainment. The annual design value is 
calculated as the average of three consecutive annual means. See 40 
CFR part 50, Appendix N.
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III. What are the criteria for redesignation?

    The CAA provides the requirements for redesignating a nonattainment 
area to attainment. Specifically, section 107(d)(3)(E) of the CAA 
allows for redesignation provided the following criteria are met: (1) 
The Administrator determines that the area has attained the applicable 
NAAQS; (2) the Administrator has fully approved the applicable 
implementation plan for the area under section 110(k); (3) the 
Administrator determines that the improvement in air quality is due to 
permanent and enforceable reductions in emissions resulting from 
implementation of the applicable SIP and applicable Federal air 
pollutant control regulations and other permanent and enforceable 
reductions; (4) the Administrator has fully approved a maintenance plan 
for the area as meeting the requirements of section 175A; and (5) the 
state containing such area has met all requirements applicable to the 
area under section 110 and part D of title I of the CAA.
    On April 16, 1992, EPA provided guidance on redesignation in the 
General Preamble for the Implementation of title I of the CAA 
Amendments of 1990 (57 FR 13498), and the Agency supplemented this 
guidance on April 28, 1992 (57 FR 18070). EPA has provided further 
guidance on processing redesignation requests in the following 
documents:
    1. ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992 (hereafter referred to as the 
``Calcagni Memorandum'');
    2. ``State Implementation Plan (SIP) Actions Submitted in Response 
to Clean Air Act (CAA) Deadlines,'' Memorandum from John Calcagni, 
Director, Air Quality Management Division, October 28, 1992; and
    3. ``Part D New Source Review (Part D NSR) Requirements for Areas 
Requesting Redesignation to Attainment,'' Memorandum from Mary D. 
Nichols, Assistant Administrator for Air and Radiation, October 14, 
1994.

IV. Why is EPA proposing these actions?

    On August 30, 2012, the State of Georgia, through the GA EPD, 
requested that EPA redesignate the Atlanta Area to attainment for the 
1997 Annual PM2.5 NAAQS. EPA's evaluation indicates that the 
Area has attained the 1997 PM2.5 NAAQS and meets the 
requirements for redesignation set forth in section 107(d)(3)(E), 
including the maintenance plan requirements under section 175A of the 
CAA. As a result, EPA is proposing to take the three related actions 
summarized in section I of this notice.

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

    As stated above, in accordance with the CAA, EPA proposes in 
today's action to: (1) Make the determination that the Atlanta Area 
continues to attain the 1997 Annual PM2.5 NAAQS; (2) approve 
the 1997 Annual PM2.5 NAAQS maintenance plan for the Atlanta 
Area, including the associated MVEBs, into the Georgia SIP as described 
below; and (3) redesignate the Atlanta Area to attainment for the 1997 
Annual PM2.5 NAAQS. The five redesignation criteria provided 
under CAA section 107(d)(3)(E) are discussed in greater detail for the 
Atlanta Area in the following paragraphs of this section.

Criteria (1)--The Atlanta Area Has Attained the 1997 Annual 
PM2.5 NAAQS

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the area has attained the applicable 
NAAQS (CAA section 107(d)(3)(E)(i)). For PM2.5, an area may 
be considered to be attaining the 1997 Annual PM2.5 NAAQS if 
it meets the standards, as determined in accordance with 40 CFR 50.13 
and Appendix N of part 50, based on three complete, consecutive 
calendar years of quality-assured air quality monitoring data. To 
attain these NAAQS, the 3-year average of the annual arithmetic mean 
concentration, as determined in accordance with 40 CFR part 50, 
Appendix N, must be less than or equal to 15.0 [micro]g/m\3\ at all 
relevant monitoring sites in the subject area over a 3-year period. The 
relevant data must be collected and quality-assured in accordance with 
40 CFR part 58 and recorded in the EPA Air Quality System (AQS) 
database. The monitors generally

[[Page 1147]]

should have remained at the same location for the duration of the 
monitoring period required for demonstrating attainment.
    On December 8, 2011, EPA determined that the Atlanta Area was 
attaining the 1997 Annual PM2.5 NAAQS and that the Area had 
attained the NAAQS by the applicable attainment date of April 5, 
2010.\5\ See 76 FR 76620. For that action, EPA reviewed 
PM2.5 monitoring data from monitoring stations in the 
Atlanta Area for the 1997 Annual PM2.5 NAAQS for 2007 
through 2010. Those data were quality-assured and recorded in AQS. For 
today's proposed action, EPA has reviewed all PM2.5 
monitoring data after 2010 from the seven PM2.5 monitoring 
stations, and that data indicates that the Atlanta Area continues to 
attain the 1997 Annual PM2.5 NAAQS.
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    \5\ The design value for an area is the highest 3-year average 
of annual mean concentrations recorded at any monitor in the area. 
Therefore, the 3-year design value for the period on which Georgia 
based its redesignation request (2008-2010) for the Atlanta Area is 
12.9 [mu]g/m\3\, which is below the 1997 Annual PM2.5 
NAAQS. Additional details can be found in EPA's final clean data 
determination for the Atlanta Area. See 76 FR 76620 (December 8, 
2011).
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    As shown in Table 1 below, the monitors in the Atlanta Area that 
have collected complete data since 2010 all have three-year average 
PM2.5 concentrations (i.e., design values) that are in 
attainment with the 1997 Annual PM2.5 NAAQS and are trending 
downward overall. The most recent available design value is for 2014 
and is based on the 3-year period 2012-2014. The Fire Station No. 8 
monitor had incomplete data during the 3rd quarter of 2012 and is not 
eligible for the high value data substitution test in 40 CFR part 50, 
Appendix N. However, based upon the analysis described in the 
monitoring Technical Support Document (TSD) located in the docket for 
today's action, EPA has preliminarily determined that the upper end of 
the probable range for the 2014 design value at the Fire Station No. 8 
monitor (11.1 [micro]g/m\3\) is well below the NAAQS. On the basis of 
this review, EPA has preliminarily concluded that the Atlanta Area 
continues to meet the 1997 Annual PM2.5 NAAQS of 15.0 
[micro]g/m\3\ for the period 2012-2014, the most recent 3-year period 
of certified data availability.

            Table 1--Design Value Concentrations for the Atlanta Area for the 1997 Annual PM2.5 NAAQS
                                                  [[mu]g/m\3\]
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                                                                       3-Year design values
            Location                 Site ID    ----------------------------------------------------------------
                                                  2008-2010    2009-2011    2010-2012    2011-2013    2012-2014
----------------------------------------------------------------------------------------------------------------
Georgia DOT....................     13-063-0091         12.9         12.6         12.3         11.1         10.3
GA National Guard..............     13-067-0003         12.3       * 11.7       * 11.3       * 10.4         10.0
Powder Springs ...............     13-067-0004       * 11.9       * 11.3         11.1           NA           NA
South DeKalb...................     13-089-0002         12.1         11.9         11.5         10.5          9.9
Police Dept. .................     13-089-2001         12.3       * 11.8       * 11.3           NA           NA
E. Rivers School .............     13-121-0032         12.3       * 11.8       * 11.3           NA           NA
Fire Station No. 8.............     13-121-0039       * 11.4         13.2         13.0       * 11.6       * 11.0
Gwinnett Tech..................     13-135-0002         12.1       * 11.6       * 11.2       * 10.1          9.5
Gainesville....................     13-139-0003         11.2         10.7         10.4          9.5          8.9
Yorkville......................     13-223-0003         11.0       * 10.6       * 10.3        * 9.3          8.7
----------------------------------------------------------------------------------------------------------------
* Data is incomplete.
 Monitor shut down at the end of 2012 in accordance the State's federally approved monitoring network plan.

    The most recent data indicate the Atlanta Area continues to attain 
the 1997 Annual PM2.5 NAAQS beyond the submitted 3-year 
attainment period of 2008-2010. If the Area does not continue to attain 
before EPA finalizes the redesignation, EPA will not go forward with 
the redesignation. As discussed in more detail below, GA EPD has 
committed to continue monitoring in this Area in accordance with 40 CFR 
part 58.

Criteria (5)--Georgia Has Met All Applicable Requirements Under Section 
110 and Part D of the CAA; and Criteria (2)--Georgia Has a Fully 
Approved SIP Under Section 110(k) for the Atlanta Area

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the state has met all applicable 
requirements under section 110 and part D of title I of the CAA (CAA 
section 107(d)(3)(E)(v)) and that the state has a fully approved SIP 
under section 110(k) for the area (CAA section 107(d)(3)(E)(ii)). EPA 
proposes to find that Georgia has met all applicable SIP requirements 
for the Atlanta Area under section 110 of the CAA (general SIP 
requirements) and that the Georgia SIP satisfies the criterion that it 
meets applicable SIP requirements for purposes of redesignation under 
part D of title I of the CAA (requirements specific to 1997 Annual 
PM2.5 nonattainment areas) in accordance with section 
107(d)(3)(E)(v). Further, EPA proposes to determine that the SIP is 
fully approved with respect to all requirements applicable for purposes 
of redesignation in accordance with section 107(d)(3)(E)(ii). In making 
these determinations, EPA ascertained which requirements are applicable 
to the Area and, if applicable, that they are fully approved under 
section 110(k). SIPs must be fully approved only with respect to 
requirements that were applicable prior to submittal of the complete 
redesignation request.
a. The Atlanta Area Has Met All Applicable Requirements Under Section 
110 and Part D of the CAA
    General SIP requirements. Section 110(a)(2) of title I of the CAA 
delineates the general requirements for a SIP, which include 
enforceable emissions limitations and other control measures, means, or 
techniques; provisions for the establishment and operation of 
appropriate devices necessary to collect data on ambient air quality; 
and programs to enforce the limitations. General SIP elements and 
requirements are delineated in section 110(a)(2) of title I, part A of 
the CAA. These requirements include, but are not limited to, the 
following: Submittal of a SIP that has been adopted by the state after 
reasonable public notice and hearing; provisions for establishment and 
operation of appropriate procedures needed to monitor ambient air 
quality; implementation of a source permit program; provisions for the

[[Page 1148]]

implementation of part C requirements (Prevention of Significant 
Deterioration (PSD)) and provisions for the implementation of part D 
requirements (NSR permit programs); provisions for air pollution 
modeling; and provisions for public and local agency participation in 
planning and emission control rule development.
    Section 110(a)(2)(D) requires that SIPs contain certain measures to 
prevent sources in a state from significantly contributing to air 
quality problems in another state. To implement this provision, EPA has 
required certain states to establish programs to address the interstate 
transport of air pollutants. The section 110(a)(2)(D) requirements for 
a state are not linked with a particular nonattainment area's 
designation and classification in that state. EPA believes that the 
requirements linked with a particular nonattainment area's designation 
and classification are the relevant measures to evaluate in reviewing a 
redesignation request. The transport SIP submittal requirements, where 
applicable, continue to apply to a state regardless of the designation 
of any one particular area in the state. Thus, EPA does not believe 
that the CAA's interstate transport requirements should be construed to 
be applicable requirements for purposes of redesignation.
    In addition, EPA believes other section 110 elements that are 
neither connected with nonattainment plan submissions nor linked with 
an area's attainment status are not applicable requirements for 
purposes of redesignation. The area will still be subject to these 
requirements after the area is redesignated. The section 110 and part D 
requirements which are linked with a particular area's designation and 
classification are the relevant measures to evaluate in reviewing a 
redesignation request. This approach is consistent with EPA's existing 
policy on applicability (i.e., for redesignations) of conformity and 
oxygenated fuels requirements, as well as with section 184 ozone 
transport requirements. See Reading, Pennsylvania, proposed and final 
rulemakings (61 FR 53174-53176, October 10, 1996), (62 FR 24826, May 7, 
1997); Cleveland-Akron-Loraine, Ohio, final rulemaking (61 FR 20458, 
May 7, 1996); and Tampa, Florida, final rulemaking at (60 FR 62748, 
December 7, 1995). See also the discussion on this issue in the 
Cincinnati, Ohio, redesignation (65 FR 37890, June 19, 2000) and in the 
Pittsburgh, Pennsylvania, redesignation (66 FR 50399, October 19, 
2001).
    In any event, on October 25, 2012, EPA approved all infrastructure 
SIP elements required under section 110(a)(2) for the 1997 Annual 
PM2.5 NAAQS with the exception of the visibility element 
under section 110(a)(2)(D)(i)(II) (also known as ``prong 4''). See 77 
FR 65125. EPA approved prong 4 for the 1997 Annual PM2.5 
NAAQS on May 7, 2014. See 79 FR 26143. These requirements are statewide 
requirements that are not linked to the PM2.5 nonattainment 
status of the Atlanta Area, and thus, as stated above, EPA does not 
believe these section 110 elements to be applicable for purposes of 
this redesignation. Therefore, EPA believes it has approved all SIP 
elements under section 110 that must be approved as a prerequisite for 
the redesignation to attainment of the Atlanta Area.
    Title I, Part D, subpart 1 applicable SIP requirements. EPA 
proposes to determine that the Georgia SIP meets the applicable SIP 
requirements for the Atlanta Area for purposes of redesignation under 
part D of the CAA. Subpart 1 of part D, found in sections 172-176 of 
the CAA, sets forth the basic nonattainment requirements applicable to 
all nonattainment areas. All areas that were designated nonattainment 
for the 1997 Annual PM2.5 NAAQS were designated under 
subpart 1 of the CAA. For purposes of evaluating this redesignation 
request, the applicable part D, subpart 1 SIP requirements for all 
nonattainment areas are contained in sections 172(c)(1)-(9) and in 
section 176. A thorough discussion of the requirements contained in 
sections 172 and 176 can be found in the General Preamble for 
Implementation of title I. See 57 FR 13498 (April 16, 1992). Section VI 
of this proposed rulemaking notice discusses the relationship between 
this proposed redesignation action and subpart 4 of Part D.
    Subpart 1 Section 172 Requirements. Section 172(c)(1) requires the 
plans for all nonattainment areas to provide for the implementation of 
all reasonably available control measures (RACM) as expeditiously as 
practicable and to provide for attainment of the NAAQS. EPA interprets 
this requirement to impose a duty on all nonattainment areas to 
consider all available control measures and to adopt and implement such 
measures as are reasonably available for implementation in each area as 
components of the area's attainment demonstration. Under section 172, 
states with nonattainment areas must submit plans providing for timely 
attainment and meeting a variety of other requirements. However, 
pursuant to 40 CFR 51.1004(c), EPA's final determination that the 
Atlanta Area is attaining the PM2.5 standard suspended 
Georgia's obligation to submit most of the attainment planning 
requirements that would otherwise apply.
    EPA's longstanding interpretation of the nonattainment planning 
requirements of section 172 is that once an area is attaining the 
NAAQS, those requirements are not ``applicable'' for purposes of CAA 
section 107(d)(3)(E)(ii) and therefore need not be approved into the 
SIP before EPA can redesignate the area. In the 1992 General Preamble 
for Implementation of Title I, EPA set forth its interpretation of 
applicable requirements for purposes of evaluating redesignation 
requests when an area is attaining a standard. See 57 FR 13498, 13564 
(April 16, 1992). EPA noted that the requirements for reasonable 
further progress (RFP) and other measures designed to provide for 
attainment do not apply in evaluating redesignation requests because 
those nonattainment planning requirements ``have no meaning'' for an 
area that has already attained the standard. Id. This interpretation 
was also set forth in the Calcagni Memorandum. EPA's understanding of 
section 172 also forms the basis of its Clean Data Policy, which was 
articulated with regard to PM2.5 in 40 CFR 51.1004(c), and 
suspends a state's obligation to submit most of the attainment planning 
requirements that would otherwise apply, including an attainment 
demonstration and planning SIPs to provide for RFP, RACM, and 
contingency measures under section 172(c)(9).\6\ Courts have upheld 
EPA's interpretation of section 172(c)(1)'s ``reasonably available'' 
control measures and control technology as meaning only those controls 
that advance attainment, which precludes the need to require additional 
measures where an area is already attaining. NRDC v. EPA, 571 F.3d 
1245, 1252 (D.C. Cir. 2009); Sierra Club v. EPA, 294 F.3d 155, 162 
(D.C. Cir. 2002); Sierra Club v. EPA, 314 F.3d 735, 744 (5th Cir. 
2002).
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    \6\ This regulation was promulgated as part of the 1997 
PM2.5 NAAQS implementation rule that was subsequently 
challenged and remanded in NRDC v. EPA, 706 F.3d 428 (D.C. Cir. 
2013), as discussed in Section VI of this notice. However, the Clean 
Data Policy portion of the implementation rule was not at issue in 
that case.
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    Therefore, because attainment has been reached in the Atlanta Area, 
no additional measures are needed to provide for attainment, and 
section 172(c)(1) requirements for an attainment demonstration and RACM 
are no longer considered to be applicable for purposes of redesignation 
as long as the Area continues to attain the standard until

[[Page 1149]]

redesignation. The section 172(c)(2) requirement that nonattainment 
plans contain provisions promoting reasonable further progress toward 
attainment is also not relevant for purposes of redesignation because 
EPA has determined that the Atlanta Area has monitored attainment of 
the 1997 Annual PM2.5 NAAQS. In addition, because the 
Atlanta Area has attained the 1997 Annual PM2.5 NAAQS and is 
no longer subject to a RFP requirement, the requirement to submit the 
section 172(c)(9) contingency measures is not applicable for purposes 
of redesignation. Section 172(c)(6) requires the SIP to contain control 
measures necessary to provide for attainment of the NAAQS. Because 
attainment has been reached, no additional measures are needed to 
provide for attainment.
    Section 172(c)(3) requires submission for approval a comprehensive, 
accurate, and current inventory of actual emissions. On March 1, 2012, 
EPA approved Georgia's 2002 base-year emissions inventory for the 
Atlanta Area. See 77 FR 12487.
    Section 172(c)(4) requires the identification and quantification of 
allowable emissions for major new and modified stationary sources to be 
allowed in an area, and section 172(c)(5) requires source permits for 
the construction and operation of new and modified major stationary 
sources anywhere in the nonattainment area. EPA has determined that, 
since PSD requirements will apply after redesignation, areas being 
redesignated need not comply with the requirement that a NSR program be 
approved prior to redesignation, provided that the area demonstrates 
maintenance of the NAAQS without part D NSR. A more detailed rationale 
for this view is described in a memorandum from Mary Nichols, Assistant 
Administrator for Air and Radiation, dated October 14, 1994, entitled 
``Part D New Source Review Requirements for Areas Requesting 
Redesignation to Attainment.'' Georgia has demonstrated that the 
Atlanta Area will be able to maintain the NAAQS without part D NSR in 
effect, and therefore Georgia need not have fully approved part D NSR 
programs prior to approval of the redesignation request. Georgia's PSD 
program will become effective in the Atlanta Area upon redesignation to 
attainment.
    Section 172(c)(7) requires the SIP to meet the applicable 
provisions of section 110(a)(2). As noted above, EPA believes the 
Georgia SIP meets the requirements of section 110(a)(2) applicable for 
purposes of redesignation.
    176 Conformity Requirements. Section 176(c) of the CAA requires 
states to establish criteria and procedures to ensure that federally-
supported or funded projects conform to the air quality planning goals 
in the applicable SIP. The requirement to determine conformity applies 
to transportation plans, programs, and projects that are developed, 
funded, or approved under title 23 of the United States Code (U.S.C.) 
and the Federal Transit Act (transportation conformity) as well as to 
all other federally-supported or funded projects (general conformity). 
State transportation conformity SIP revisions must be consistent with 
federal conformity regulations relating to consultation, enforcement, 
and enforceability that EPA promulgated pursuant to its authority under 
the CAA.
    EPA believes that it is reasonable to interpret the conformity SIP 
requirements \7\ as not applying for purposes of evaluating the 
redesignation request under section 107(d) because state conformity 
rules are still required after redesignation and federal conformity 
rules apply where state rules have not been approved. See Wall v. EPA, 
265 F.3d 426 (upholding this interpretation) (6th Cir. 2001); See 60 FR 
62748 (December 7, 1995). Nonetheless, Georgia has an approved 
conformity SIP for the Atlanta Area. See 77 FR 35866 (June 15, 2012).
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    \7\ CAA Section 176(c)(4)(E) requires states to submit revisions 
to their SIPs to reflect certain federal criteria and procedures for 
determining transportation conformity. Transportation conformity 
SIPs are different from the motor vehicle emission budgets that are 
established in control strategy SIPs and maintenance plans.
---------------------------------------------------------------------------

    Thus, for the reasons discussed above, the Atlanta Area has 
satisfied all applicable requirements for purposes of redesignation 
under section 110 and part D of the CAA.
b. The Atlanta Area Has a Fully Approved Applicable SIP Under Section 
110(k) of the CAA
    EPA has fully approved the applicable Georgia SIP for the Atlanta 
Area for the 1997 Annual PM2.5 NAAQS under section 110(k) of 
the CAA for all requirements applicable for purposes of redesignation. 
EPA may rely on prior SIP approvals in approving a redesignation 
request (see Calcagni Memorandum at p. 3; Southwestern Pennsylvania 
Growth Alliance v. Browner, 144 F.3d 984 (6th Cir. 1998); Wall, 265 
F.3d 426) plus any additional measures it may approve in conjunction 
with a redesignation action. See 68 FR 25426 (May 12, 2003) and 
citations therein. Following passage of the CAA of 1970, Georgia has 
adopted and submitted, and EPA has fully approved at various times, 
provisions addressing the various SIP elements applicable for the 1997 
Annual PM2.5 NAAQS in the Atlanta Area (e.g., 77 FR 65125 
(October 25, 2012)).
    As indicated above, EPA believes that the section 110 elements that 
are neither connected with nonattainment plan submissions nor linked to 
the area's nonattainment status are not applicable requirements for 
purposes of redesignation. EPA has approved all part D requirements 
applicable for purposes of this redesignation.

Criteria (3)--The Air Quality Improvement in the Atlanta Area Is Due to 
Permanent and Enforceable Reductions in Emissions Resulting From 
Implementation of the SIP and Applicable Federal Air Pollution Control 
Regulations and Other Permanent and Enforceable Reductions

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the air quality improvement in the area 
is due to permanent and enforceable reductions in emissions resulting 
from implementation of the SIP and applicable Federal air pollution 
control regulations and other permanent and enforceable reductions (CAA 
section 107(d)(3)(E)(iii)). EPA has preliminarily determined that 
Georgia has demonstrated that the observed air quality improvement in 
the Atlanta Area is due to permanent and enforceable reductions in 
emissions resulting from implementation of the SIP and Federal 
measures.
    Federal measures enacted in recent years have resulted in permanent 
emission reductions in particulate matter and its precursors. Most of 
these emission reductions are enforceable through regulations. A few 
non-regulatory measures also result in emission reductions. The Federal 
measures that have been implemented include:
    Tier 2 vehicle standards and low-sulfur gasoline. Implementation of 
the Tier 2 vehicle standards began in 2004, and as newer, cleaner cars 
enter the national fleet, these standards continue to significantly 
reduce NOX emissions. The standards require all classes of 
passenger vehicles in any manufacturer's fleet to meet an average 
standard of 0.07 grams of NOX per mile. In addition, 
starting in January of 2006, the Tier 2 rule reduced the allowable 
sulfur content of gasoline to 30 parts per million (ppm). Most gasoline 
sold prior to this had a sulfur content of approximately 300 ppm. EPA 
expects

[[Page 1150]]

that these standards will reduce NOX emissions from vehicles 
by approximately 74 percent by 2030, translating to nearly 3 million 
tons annually by 2030.
    Heavy-duty gasoline and diesel highway vehicle standards & ultra 
low-sulfur diesel rule. On October 6, 2000, EPA promulgated a rule to 
reduce NOX and VOC emissions from heavy-duty gasoline and 
diesel highway vehicles that began to take effect in 2004. See 65 FR 
59896. On January 18, 2001, EPA promulgated a second phase of standards 
and testing procedures which began in 2007 to reduce particulate matter 
emissions from heavy-duty highway engines and reduced the maximum 
highway diesel fuel sulfur content from 500 ppm to 15 ppm. See 66 FR 
5002. The total program should achieve a 90 percent reduction in PM 
emissions and a 95 percent reduction in NOX emissions for 
new engines using low-sulfur diesel, compared to existing engines using 
higher-content sulfur diesel. EPA expects that this rule will reduce 
NOX emissions by 2.6 million tons by 2030 when the heavy-
duty vehicle fleet is completely replaced with newer heavy-duty 
vehicles that comply with these emission standards.
    Non-road, large spark-ignition engines and recreational engines 
standards. The non-road spark-ignition and recreational engine 
standards, effective in July 2003, regulate NOX, 
hydrocarbons, and carbon monoxide from groups of previously unregulated 
non-road engines. These engine standards apply to large spark-ignition 
engines (e.g., forklifts and airport ground service equipment), 
recreational vehicles (e.g., off-highway motorcycles and all-terrain-
vehicles), and recreational marine diesel engines sold in the United 
States and imported after the effective date of these standards. When 
all of the non-road spark-ignition and recreational engine standards 
are fully implemented, an overall 72 percent reduction in hydrocarbons, 
80 percent reduction in NOX, and 56 percent reduction in 
carbon monoxide emissions are expected by 2020. These controls help 
reduce ambient concentrations of PM2.5.
    Large non-road diesel engine standards. This rule, which applies to 
diesel engines used in industries such as construction, agriculture, 
and mining, was promulgated in 2004 and fully phased in by 2014. This 
rule reduced allowable non-road diesel fuel sulfur levels from 
approximately 3,000 ppm to 500 ppm in 2007 and further reduced those 
levels to 15 ppm starting in 2010 (a 99 percent reduction). This rule 
also achieved significant reductions of up to 90 percent for 
NOX and particulate matter emissions nationwide.
    NOX SIP Call. On October 27, 1998 (63 FR 57356), EPA issued the 
NOX SIP Call requiring the District of Columbia and 22 
states to reduce emissions of NOX, a precursor to ozone and 
PM2.5 pollution, and providing a mechanism (the 
NOX Budget Trading Program) that states could use to achieve 
those reductions. Affected states were required to comply with Phase I 
of the SIP Call beginning in 2004 and Phase II beginning in 2007. By 
the end of 2008, ozone season NOX emissions from sources 
subject to the NOX SIP Call dropped by 62 percent from 2000 
emissions levels. All NOX SIP Call states have SIPs that 
currently satisfy their obligations under the NOX SIP Call, 
and EPA will continue to enforce the requirements of the NOX 
SIP Call.
    CAIR and CSAPR. In its redesignation request and maintenance plan, 
the State identified the Clean Air Interstate Rule (CAIR) as a 
permanent and enforceable measure that contributed to attainment in the 
Atlanta Area. Moreover, by 2007, the beginning of the attainment time 
period identified by Georgia, CAIR had been promulgated and was 
achieving emission reductions. CAIR created regional cap-and-trade 
programs to reduce SO2 and NOX emissions in 27 
eastern states, including Georgia, that contributed to downwind 
nonattainment or interfered with maintenance of the 1997 8-hour ozone 
NAAQS and the 1997 PM2.5 NAAQS. See 70 FR 25162 (May 12, 
2005).
    In 2007 the State promulgated Georgia Rules 391-3-1-.02(2)(sss)--
``Multipollutant Rule'' (Rule (sss)) and 391-3-1-.02(2)(uuu)--
``SO2 Emissions from Electric Steam Utility Steam Generating 
Units'' (Rule (uuu)) in response to CAIR. Rule (sss) requires the 
installation and operation of flue gas desulfurization (FGD) to control 
SO2 emissions and selective catalytic reduction (SCR) to 
control NOX emissions on the majority of the coal-fired 
electric generating units (EGUs) in Georgia, and Rule (uuu) requires a 
95 percent reduction in SO2 emissions from those EGUs. Thus, 
Rules (sss) and (uuu) act as companion rules for the reduction of 
SO2 emissions, with Rule (sss) requiring control equipment 
installation and Rule (uuu) imposing SO2 emission 
limitations. Georgia designed Rules (sss) and (uuu) to require 
emissions reductions consistent with achieving the reductions mandated 
by CAIR's original compliance schedule beginning in 2009. The 
implementation dates for Rules (sss) and (uuu) are phased-in across the 
covered EGUs, starting on December 31, 2008, for Rule (sss) and January 
1, 2010, for Rule (uuu).\8\ By installing and operating FGD and SCR 
controls in accordance with Rule (sss), Georgia EGUs also met the 
requirements of CAIR.
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    \8\ Rule (sss) established the following 2008-2010 deadlines for 
FGD operation: December 31, 2008, at Plant Bowen Units 3 and 4, 
Plant Hammond Units 1 through 4, Plant Wansley Unit 1, and Plant 
Yates Unit 1; June 1, 2009, at Plant Bowen Unit 2; December 31, 
2009, at Plant Wansley Unit 2; and June 1, 2010, at Plant Bowen Unit 
1. The Rule established the following 2008-2010 deadlines for SCR 
operation: December 31, 2008, at Plant Bowen Units 3 and 4, Plant 
Hammond Unit 4, and Plant Wansley Unit 1; June 1, 2009, at Plant 
Bowen Unit 2; December 31, 2009, at Plant Wansley Unit 2; and June 
1, 2010, at Plant Bowen Unit 1. Plants Bowen and Wansley are located 
in the Atlanta Area, and Plant Hammond is located in Floyd County, 
Georgia, which is adjacent to the northwestern portion of the 
Atlanta Area.
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    In 2008 the United States Court of Appeals for the District of 
Columbia Circuit (D.C. Circuit) initially vacated CAIR, North Carolina 
v. EPA, 531 F.3d 896 (D.C. Cir. 2008), but ultimately remanded the rule 
to EPA without vacatur to preserve the environmental benefits provided 
by CAIR, North Carolina v. EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008). 
On August 8, 2011 (76 FR 48208), acting on the D.C. Circuit's remand, 
EPA promulgated the Cross-State Air Pollution Rule (CSAPR) to replace 
CAIR and thus to address the interstate transport of emissions 
contributing to nonattainment and interfering with maintenance of the 
two air quality standards covered by CAIR as well as the 2006 
PM2.5 NAAQS. CSAPR requires substantial reductions of 
SO2 and NOX emissions from EGUs in 28 states in 
the Eastern United States. As a general matter, because CSAPR is CAIR's 
replacement, emissions reductions associated with CAIR will for most 
areas be made permanent and enforceable through implementation of 
CSAPR.
    Numerous parties filed petitions for review of CSAPR in the D.C. 
Circuit, and on August 21, 2012, the court issued its ruling, vacating 
and remanding CSAPR to EPA and ordering continued implementation of 
CAIR. EME Homer City Generation, L.P. v. EPA, 696 F.3d 7, 38 (D.C. Cir. 
2012). The D.C. Circuit's vacatur of CSAPR was reversed by the United 
States Supreme Court on April 29, 2014, and the case was remanded to 
the D.C. Circuit to resolve remaining issues in accordance with the 
high court's ruling. EPA v. EME Homer City Generation, L.P., 134 S. Ct. 
1584 (2014). On remand, the D.C. Circuit affirmed CSAPR in most 
respects, but invalidated without vacating some of the CSAPR budgets as 
to a number of states. EME Homer City Generation, L.P. v. EPA, 795 F.3d 
118

[[Page 1151]]

(D.C. Cir. 2015) (EME Homer City II). The remanded budgets include the 
Phase 2 SO2 emissions budgets for Georgia. The Phase 2 
annual and ozone season NOX budgets for Georgia are not 
affected by the Court's decision. The litigation over CSAPR ultimately 
delayed implementation of that rule for three years, from January 1, 
2012, when CSAPR's cap-and-trade programs were originally scheduled to 
replace the CAIR cap-and-trade programs, to January 1, 2015. Thus, the 
rule's Phase 2 budgets were originally promulgated to begin on January 
1, 2014, and are now scheduled to begin on January 1, 2017. CSAPR will 
continue to operate under the existing emissions budgets until EPA 
addresses the D.C. Circuit's remand.
    Although the State identified CAIR as a permanent and enforceable 
measure that contributed to attainment of the 1997 PM2.5 
NAAQS in the Atlanta Area, EPA is proposing to approve the 
redesignation of the Atlanta Area without relying the SO2 
emissions reductions associated with CAIR at Georgia EGUs as having led 
to attainment of the 1997 PM2.5 NAAQS or contributing to 
maintenance of that standard.\9\ In so doing, we are proposing to 
determine that the D.C. Circuit's invalidation of the Georgia CSAPR 
Phase 2 SO2 emissions budgets does not bar today's proposed 
redesignation. The Court's decision did not affect Georgia's CSAPR 
Phase 2 annual NOX emissions budgets; therefore, CSAPR 
ensures that the NOX emissions reductions associated with 
CAIR at Georgia EGUs are permanent and enforceable.\10\
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    \9\ The improvement in PM2.5 air quality in the Area 
from nonattainment to attainment is not due to CSAPR emissions 
reductions because, as noted above, CSAPR did not go into effect 
until January 1, 2015, after the Area was already attaining the 
standard.
    \10\ CAIR and CSAPR established annual NOX and 
SO2 budgets to address nonattainment and interference 
with maintenance of the PM2.5 standard because, as 
discussed above in Section II, NOX and SO2 are 
two primary PM2.5 precursors.
---------------------------------------------------------------------------

    In its redesignation request, Georgia noted that a number of states 
significantly contributed to PM2.5 concentrations in the 
Atlanta Area based on EPA air quality modeling. EPA identified the 
Atlanta Area as an area that was significantly impacted by pollution 
transported from other states in both CAIR and CSAPR, and these rules 
greatly reduced the tons of SO2 emissions generated in the 
states upwind of the Atlanta Area. The air quality modeling performed 
for the CAIR rulemaking identified the following seven states as having 
significantly contributed to PM2.5 concentrations in the 
Atlanta Area: Alabama, Florida, Indiana, Kentucky, Ohio, South 
Carolina, and Tennessee. See 70 FR 25162, 25247-49 (May 12, 2005). The 
total annual SO2 emissions generated by EGUs in these seven 
states in 2004, prior to the promulgation of CAIR in 2005, was 
approximately 3,814,790 tons. Even though the first phase of CAIR 
implementation for SO2 did not begin until 2010, many 
sources began reducing their emissions well in advance of the first 
compliance deadline because of the incentives offered by CAIR for early 
compliance with the rule. Therefore, by 2008, the total annual 
SO2 emissions generated by EGUs in the seven states 
significantly contributing to nonattainment in the Atlanta Area was 
approximately 2,636,952 tons, and by 2010, that volume had decreased to 
approximately 1,814,572 tons.\11\ The vast majority of the 
SO2 emission reductions in the states upwind of the Atlanta 
Area achieved by CAIR, and made permanent by CSAPR, are unaffected by 
the D.C. Circuit's remand of CSAPR.\12\
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    \11\ This data was collected through the Acid Rain Program and 
is available on EPA's CAMD Web site at http://www2.epa.gov/airmarkets.
    \12\ Only two of the seven state Phase 2 SO2 budgets 
were remanded by the D.C. Circuit in EME Homer City II, and the 
emissions from these two states represented only 19.5 percent 
(515,165 tons) of the total SO2 EGU emissions from the 
seven significantly contributing states in 2008, 19.3 percent 
(375,913 tons) in 2009, and 16.5 percent (298,803 tons) in 2010. The 
CSAPR Phase 2 SO2 budgets for the remaining five states, 
and the emissions reductions those budgets require, are unaffected 
by the Court's remand and are permanent and enforceable. Moreover, 
updated air quality modeling performed for the CSAPR rulemaking 
identified additional states that interfered with Atlanta's 
attainment of the 1997 PM2.5 NAAQS, and SO2 
emission reductions from those additional states are unaffected by 
the D.C. Circuit's remand. 76 FR 48207, 48241 (August 8, 2011).
---------------------------------------------------------------------------

    Regarding the impact of SO2 emission reductions from 
Georgia EGUs associated with CAIR, EPA is proposing to determine that 
the Atlanta Area would have attained the 1997 PM2.5 NAAQS 
even without those in-state EGU reductions. The Agency has reviewed an 
analysis submitted by the State on January 10, 2015, and revised on 
November 3, 2015, evaluating the sensitivity of PM2.5 
concentrations in the Area to SO2 reductions associated with 
Rule (sss).\13\ The analysis was based on photochemical modeling 
conducted by the Visibility Improvement State and Tribal Association of 
the Southeast (VISTAS). The State used this modeling to determine the 
sensitivity of PM2.5 concentrations at the ten air quality 
monitors in the Atlanta Area to reductions in SO2 emissions 
from certain Georgia EGUs. The State then estimated, for each monitor, 
the air quality impact of the SO2 emission reductions from 
Georgia Rule (sss),\14\ and thus from CAIR, that occurred during the 
relevant time period. Georgia estimated that the SO2 
controls in place due to Rule (sss) by the end of 2009 reduced the 
2008-2010 Annual PM2.5 design value by approximately 0.6 
[micro]g/m\3\. Adding this impact to the highest 2008-2010 design value 
for the Atlanta Area, 13.6 [micro]g/m\3\ for the Fire Station No. 8 
site (with data substitution),\15\ yields a maximum PM2.5 
concentration of 14.2 [micro]g/m\3\, meeting the 1997 Annual 
PM2.5 standard of 15 [micro]g/m\3\. The State therefore 
concluded that the Area would have attained the standard in the 2008-
2010 timeframe even without the SO2 emission reductions, in 
place by the end of 2009, from Georgia Rule (sss).
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    \13\ GA EPD, Sensitivity of Annual PM2.5 in Atlanta 
to SO2 Emission Reductions Resulting from Georgia's 
Multipollutant Rule [391-3-1-.02(2)(sss)] (attachment to a November 
3, 2015, email from James Boylan, GA EPD, to Joel Huey, EPA Region 
4, included in the docket for this action).
    \14\ By the end of 2009, Rule (sss) required FGD operation at 
Plant Bowen Units 2 through 4, Plant Hammond Units 1 through 4, 
Plant Wansley Units 1 and 2, and Plant Yates Unit 1.
    \15\ EPA's Clean Data Determination for the Atlanta Area 
describes this data substitution. See 76 FR 76620 (December 8, 
2011).
---------------------------------------------------------------------------

    EPA proposes to agree with this analysis and believes that adding 
the 0.6 [micro]g/m\3\ value to the 2008-2010 design value is a 
reasonable estimate of the actual impact of the SO2 
emissions reductions due to Rule (sss) and CAIR at Georgia EGUs. For 
more information about Georgia's sensitivity analysis and EPA's review 
of that analysis, see the Rule (sss) impact TSD included in the docket 
for this action.\16\
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    \16\ EPA Region 4, Technical Support Document for Georgia Rule 
(sss) Impact Analysis (November 2015).
---------------------------------------------------------------------------

    State Measures. The State identified Rules (sss) and (uuu) and the 
State's April 16, 2008 smoke management plan as state control measures 
that contributed to attainment of the 1997 PM2.5 NAAQS in 
the Atlanta Area. Although Georgia describes these state measures in 
the section of its submittal devoted to ``permanent and enforceable'' 
reductions under CAA section 107(d)(3)(E)(iii), ``enforceable'' means 
federally enforceable. Therefore, state measures that are not approved 
by EPA into a state's SIP are not ``enforceable'' for purposes of the 
CAA. However, EPA does not believe that the state measures' lack of 
enforceability poses a bar to proposed approval of the redesignation of 
the Atlanta Area.
    First, as discussed above, EPA proposes to agree with the State's 
sensitivity analysis demonstrating that the Area would have attained 
the 1997

[[Page 1152]]

PM2.5 NAAQS even without the SO2 emission 
reductions associated with the installation of SO2 controls 
on Georgia EGUs subject to Rule (sss) and CAIR. To the extent that the 
controls required by Rule (sss) also achieved annual NOX 
reductions, CSAPR makes those reductions permanent and federally 
enforceable with its federal implementation plan (FIP) regarding 
Georgia's annual NOX emissions budget, which was not 
affected by the D.C. Circuit's recent remand of other state 
budgets.\17\ Second, to the extent that Rule (uuu) resulted in any 
reductions before its January 1, 2010, compliance date, Georgia's 
sensitivity analysis assumed that the FGD controls required by Rule 
(sss) achieve the 95 percent reduction in SO2 emissions 
required by Rule (uuu). Because Georgia's sensitivity analysis 
demonstrates that Rule (sss) was not necessary for attainment of the 
NAAQS in the Atlanta Area using emissions reductions associated with a 
95 percent reduction in SO2, the same reduction required by 
Rule (uuu), the analysis also demonstrates that Rule (uuu) was not 
necessary for attainment prior to January 1, 2010. Finally, with regard 
to the State's smoke management plan, that measure is focused on 
protection of Georgia's forest land. While the SMP may result in some 
direct PM emission reductions, such reductions are likely to be modest 
because the SMP is not an emission reduction measure. The SMP was 
developed as tool to minimize the public health and environmental 
impacts of smoke intrusion into populated areas through better 
management of fires that are important to forests and agricultural 
resources. In addition, the State deemed it important to have an SMP in 
place for the purpose of flagging unusually large forest fires as 
exceptional events (which could impact an area's ability to show 
maintenance through attaining design values). The rule therefore has 
more impact on rural areas than an urban environment such as Atlanta, 
where direct PM2.5 emissions from fires make up less than 
one percent of the total direct PM2.5 emissions from fires 
across the State.\18\ For these reasons, EPA has not relied on these 
state-only rules as a basis for proposing approval of the redesignation 
request and associated maintenance plan.
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    \17\ 76 FR 48208, August 8, 2011.
    \18\ See 2011 emissions inventory information available at 
http://www3.epa.gov/ttn/chief/eiinformation.html. Georgia also 
stated that the measure is not necessary for the continued 
maintenance of attainment in the Atlanta Area.
---------------------------------------------------------------------------

Criteria (4)--The Atlanta Area Has a Fully Approved Maintenance Plan 
Pursuant to Section 175A of the CAA

    For redesignating a nonattainment area to attainment, the CAA 
requires EPA to determine that the area has a fully approved 
maintenance plan pursuant to section 175A of the CAA (CAA section 
107(d)(3)(E)(iv)). In conjunction with its request to redesignate the 
Atlanta Area to attainment for the 1997 Annual PM2.5 NAAQS, 
GA EPD submitted a SIP revision to provide for the maintenance of the 
1997 Annual PM2.5 NAAQS for at least 10 years after the 
effective date of redesignation to attainment. EPA believes that this 
maintenance plan meets the requirements for approval under section 175A 
of the CAA for the reasons discussed below.
a. What is required in a maintenance plan?
    Section 175A of the CAA sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
Under section 175A, the plan must demonstrate continued attainment of 
the applicable NAAQS for at least 10 years after the Administrator 
approves a redesignation to attainment. Eight years after the 
redesignation, GA EPD must submit a revised maintenance plan which 
demonstrates that attainment will continue to be maintained for the 10 
years following the initial 10-year period. To address the possibility 
of future NAAQS violations, the maintenance plan must contain such 
contingency measures, as EPA deems necessary, to assure prompt 
correction of any future 1997 Annual PM2.5 violations. The 
Calcagni Memorandum provides further guidance on the content of a 
maintenance plan, explaining that a maintenance plan should address 
five requirements: The attainment emissions inventory, maintenance 
demonstration, monitoring, verification of continued attainment, and a 
contingency plan. As is discussed below, EPA proposes to find that GA 
EPD's maintenance plan includes all the necessary components and is 
thus proposing to approve it as a revision to the Georgia SIP.
b. Attainment Emissions Inventory
    As noted earlier, EPA has previously determined that the Atlanta 
Area attained the 1997 Annual PM2.5 NAAQS based on 
monitoring data for the 3-year period from 2008-2010. Today, EPA is 
proposing to determine that the Atlanta Area has continued to attain 
the 1997 Annual PM2.5 NAAQS up to the most recent 3-year 
period quality-assured monitoring data, 2012-2014. In its maintenance 
plan, the State selected 2008 as the attainment emission inventory 
year. The attainment inventory identifies a level of emissions in the 
Area that is sufficient to attain the 1997 Annual PM2.5 
NAAQS. GA EPD began development of the attainment inventory by first 
generating a baseline emissions inventory for the Atlanta Area. As 
noted above, the year 2008 was chosen as the base year for developing a 
comprehensive emissions inventory for direct PM2.5 and 
PM2.5 precursors SO2 and NOX. To 
support maintenance through 2024, Georgia prepared emissions 
projections for the years 2014, 2017, 2020, and 2024.
    The emissions inventories are composed of four major types of 
sources: Point, area, on-road mobile, and non-road mobile. With the 
exception of on-road emissions, Georgia obtained the 2008 base-year 
emissions inventory from the National Emissions Inventory 2008 Version 
1.5 (http://www3.epa.gov/ttnchie1/net/2008inventory.html). Georgia used 
EPA's MOVES2010a mobile source emissions model to generate 2008 on-road 
mobile source emissions. The 2008 actual SO2, 
NOX, and PM2.5 emissions for the Atlanta Area, as 
well as the emissions projections through 2024, were developed 
consistent with EPA guidance and are summarized in Tables 3.1 and 4 
through 7.1 of the following subsection discussing the maintenance 
demonstration.
    Section 175A requires a state seeking redesignation to attainment 
to submit a SIP revision to provide for the maintenance of the NAAQS in 
the Area ``for at least 10 years after the redesignation.'' EPA has 
interpreted this as a showing of maintenance ``for a period of ten 
years following redesignation.'' Calcagni Memorandum, p. 9. Where the 
emissions inventory method of showing maintenance is used, the purpose 
is to show that emissions during the maintenance period will not 
increase over the attainment year inventory. Calcagni Memorandum, pp. 
9-10.
    As discussed in detail below, Georgia's maintenance plan submission 
expressly documents that the Area's overall emissions inventories will 
remain well below the attainment year inventories through 2024. 
Although the State's maintenance demonstration includes projected 
emissions reductions from Georgia Rules (sss) and (uuu), EPA believes 
the plan still demonstrates maintenance as discussed in the following 
subsection.

[[Page 1153]]

    In addition, for the reasons set forth below, EPA believes that the 
Area will continue to maintain the 1997 Annual PM2.5 NAAQS 
at least through 2025. Thus, if EPA finalizes its proposed approval of 
the redesignation request and maintenance plans in 2015, the approval 
will be based upon this showing, in accordance with section 175A, and 
EPA's analysis described herein, that the State's maintenance plan 
provides for maintenance for at least ten years after redesignation.
c. Maintenance Demonstration
    The August 30, 2012, submittal includes a maintenance demonstration 
for the Atlanta Area through 2024. This demonstration uses 2008 as the 
attainment year; identifies 2024 as the ``out year;'' and includes 
future emission inventory projections for point, area, on-road mobile, 
and non-road mobile sources in the Atlanta Area for 2014, 2017, 2020, 
and 2024 (see Tables 3-7, below). The emissions projections for 2014 
and 2020 provide reference points for periodic assessment of 
maintenance of the NAAQS and were estimated using 2008 actuals and 2017 
and 2024 projections. Appendix C of Georgia's 2012 submittal describes 
the methodology used by the State to prepare the actual and projected 
emissions inventories.
    The future emissions inventory projections in the State's 
maintenance demonstration include reductions from the implementation of 
Georgia Rules (sss) and (uuu). However, as discussed above, these two 
State rules are not permanent and enforceable measures for the purposes 
of redesignation. EPA therefore recalculated the projected 2014, 2017, 
2020, and 2024 point source emissions in the Atlanta Area by removing 
projected Rule (sss) and Rule (uuu) NOX, SO2, and 
PM2.5 emissions reductions \19\ and replacing these 
reductions with only those NOX, SO2, and 
PM2.5 reductions from permanent and enforceable shutdowns at 
Plant Branch Units 1 through 4 and Plant Yates Units 1 through 5 and 
from permanent and enforceable conversions from coal to natural gas at 
Plant Yates Units 6 and 7.\20\ Georgia did not incorporate the 
emissions reductions resulting from these shutdowns and conversions in 
its maintenance demonstration because they were not anticipated by the 
State at the time of its 2012 submittal.
---------------------------------------------------------------------------

    \19\ Although, as discussed above, the NOX emission 
reductions associated with Rule (sss) are permanent and enforceable 
through CSAPR, EPA recalculated the projected point source emissions 
without anticipated Rule (sss) NOX reductions to generate 
a conservative maintenance demonstration.
    \20\ Georgia Power retired Plant Branch Unit 2 in September 
2013; retired Plant Branch Units 1, 3, and 4 and Plant Yates Units 
1-5 in April 2015; and converted Plant Yates Units 6 and 7 from coal 
to natural gas in May 2015. Georgia Power certified under penalty of 
law that the retirements are permanent in Retired Unit Exemption 
(RUE) forms submitted to EPA under the Acid Rain, CAIR, and CSAPR 
programs. The Plant Yates retirements and conversions occurred 
through a Title V permit amendment effective on August 29, 2014. 
Yates Steam-Electric Generating Plant Part 70 Operating Permit 
Amendment No. 4911-077-0001-V-03-5. This Title V permit amendment 
and the RUE forms discussed above are included in the docket.
---------------------------------------------------------------------------

    EPA removed the emissions reductions attributed to Georgia Rules 
(sss) and (uuu) from the State's emissions projections by assuming that 
NOX, SO2, and PM2.5 emissions from 
EGUs in the Atlanta Area were not reduced through Rules (sss) and (uuu) 
after 2008 and added the reductions from the aforementioned shutdowns 
and conversions.\21\ Table 2.1 identifies the EGU emissions included in 
the State's maintenance demonstration, and Table 2.2 identifies the EGU 
emissions included in EPA's recalculated point source emission 
projections for the Atlanta Area.
---------------------------------------------------------------------------

    \21\ EPA estimated the emissions reductions associated with 
Rules (sss) and (uuu) and with the shutdowns and conversions to 
natural gas using emissions projections provided by GA EPD on 
November 13, 2015. These projections are included in the docket for 
today's action.
    .

                   Table 2.1--EGU Emissions, Actual (2008) and Projected for the Atlanta Area
                                                     [Tons]
----------------------------------------------------------------------------------------------------------------
            Pollutant                  2008            2014            2017            2020            2024
----------------------------------------------------------------------------------------------------------------
SO2.............................         410,496         169,176          48,516          49,781          50,413
NOX.............................          76,178          40,535          22,713          23,372          23,702
PM2.5...........................           4,938           3,760           3,171           3,296           3,358
----------------------------------------------------------------------------------------------------------------


     Table 2.2--EGU Emissions, Actual (2008) and Projected for the Atlanta Area, Revised To Include Only EGU
                                      Shutdowns and Natural Gas Conversions
                                                     [Tons]
----------------------------------------------------------------------------------------------------------------
            Pollutant                  2008            2014            2017            2020            2024
----------------------------------------------------------------------------------------------------------------
SO2.............................         410,496         294,859         237,040         243,210         246,294
NOX.............................          76,177          58,173          49,171          50,519          51,193
PM2.5...........................           4,937           4,724           4,618           4,781           4,862
----------------------------------------------------------------------------------------------------------------

    Table 3.1 shows the 2008 actual point source emissions and the 
projected future year point source emissions in the Atlanta Area 
provided by the State in its 2012 submittal. Table 3.2 shows the 2008 
actual point source emissions and projected future year point source 
emissions using EPA's EGU projections shown in Table 2.2, above.

               Table 3.1--Point Source Emissions, Actual (2008) and Projected for the Atlanta Area
                                                     [Tons]
----------------------------------------------------------------------------------------------------------------
            Pollutant                  2008            2014            2017            2020            2024
----------------------------------------------------------------------------------------------------------------
SO2.............................         413,478         172,170          51,697          52,601          53,803
NOX.............................          80,785          45,489          27,867          28,535          29,423

[[Page 1154]]

 
PM2.5...........................           5,637           4,541           3,993           4,120           4,288
----------------------------------------------------------------------------------------------------------------


Table 3.2--Point Source Emissions, Actual (2008) and Projected for the Atlanta Area, Revised To Include Only EGU
                                      Shutdowns and Natural Gas Conversions
                                                     [Tons]
----------------------------------------------------------------------------------------------------------------
            Pollutant                  2008            2014            2017            2020            2024
----------------------------------------------------------------------------------------------------------------
SO2.............................         413,478         297,974         240,221         246,530         249,684
NOX.............................          80,785          63,145          54,325          56,051          56,914
PM2.5...........................           5,637           5,506           5,440           5,675           5,792
----------------------------------------------------------------------------------------------------------------

    Tables 4 through 6 show the actual and projected non-point, on-road 
mobile, and non-road mobile source emissions for the Atlanta Area as 
provided in the State's 2012 submittal. These emissions are not 
impacted by Rules (sss) and (uuu) because these rules only apply to 
certain EGUs.

              Table 4--Non-point Source Emission, Actual (2008) and Projected for the Atlanta Area
                                                     [Tons]
----------------------------------------------------------------------------------------------------------------
            Pollutant                  2008            2014            2017            2020            2024
----------------------------------------------------------------------------------------------------------------
SO2.............................          10,237          10,557          10,717          10,884          11,107
NOX.............................          21,193          23,531          24,698          25,916          27,537
PM2.5...........................          35,686          40,052          42,232          44,072          46,520
----------------------------------------------------------------------------------------------------------------


           Table 5--On-Road Mobile Source Emissions, Actual (2008) and Projected for the Atlanta Area
                                                     [Tons]
----------------------------------------------------------------------------------------------------------------
            Pollutant                  2008            2014            2017            2020            2024
----------------------------------------------------------------------------------------------------------------
SO2.............................             725             629             581             533             469
NOX.............................         128,955          93,806          76,258          58,675          35,272
PM2.5...........................           4,662           3,529           2,963           2,397           1,642
----------------------------------------------------------------------------------------------------------------


                  Table 6--Non-Road Emissions, Actual (2008) and Projected for the Atlanta Area
                                                     [Tons]
----------------------------------------------------------------------------------------------------------------
            Pollutant                  2008            2014            2017            2020            2024
----------------------------------------------------------------------------------------------------------------
SO2.............................           1,675           1,516           1,437           1,553           1,708
NOX.............................          40,599          34,086          30,835          29,747          28,298
PM2.5...........................           2,827           2,360           2,127           1,967           1,755
----------------------------------------------------------------------------------------------------------------

    Below, Table 7.1 shows the 2008 actual emissions from all source 
sectors and the projected future year emissions from all source sectors 
in the Atlanta Area provided by the State. Table 7.2 reflects EPA's 
revisions to the point-source emissions projections shown in Table 3.2, 
above.

           Table 7.1--All Sector Emissions, Actual (2008) and Projected Emissions for the Atlanta Area
                                                     [Tons]
----------------------------------------------------------------------------------------------------------------
            Pollutant                  2008            2014            2017            2020            2024
----------------------------------------------------------------------------------------------------------------
SO2.............................         426,115         184,873          64,433          65,572          67,088
NOX.............................         271,531         196,912         159,659         142,873         120,530
PM2.5...........................          48,811          50,482          51,316          52,556          54,205
----------------------------------------------------------------------------------------------------------------


[[Page 1155]]


 Table 7.2--All Sector Emissions, Actual (2008) and Projected Emissions for the Atlanta Area, Revised With EPA's
                                       Point-Source Emissions Projections
                                                    [Tons] 22
----------------------------------------------------------------------------------------------------------------
            Pollutant                  2008            2014            2017            2020            2024
----------------------------------------------------------------------------------------------------------------
SO2.............................         426,115         310,677         252,957         257,248         262,969
NOX.............................         271,531         214,589         186,117         173,715         157,179
PM2.5...........................          48,811          51,446          52,763          54,299          56,348
----------------------------------------------------------------------------------------------------------------

    The results of EPA's analysis, shown in Table 7.2, show that future 
emissions for NOX and SO2 are expected to be well 
below 2008 ``attainment level'' emissions without Georgia Rules (sss) 
and (uuu), while direct PM2.5 emissions are expected to 
increase slightly. In situations where local emissions are the primary 
contributor to nonattainment, such as the Atlanta Area, if the future 
projected emissions in the nonattainment area remain at or below the 
baseline emissions in the nonattainment area, then the ambient air 
quality standard should not be exceeded in the future. As explained 
below, EPA proposes to find that the overall emission projections 
illustrate that the Atlanta Area is expected to continue to attain the 
1997 PM2.5 NAAQS through 2025. Moreover, as noted earlier, 
the Atlanta Area was identified in EPA's federal interstate transport 
rulemakings--CAIR and CSAPR--as an area that was projected to have 
problems with nonattainment and maintenance of the 1997 
PM2.5 NAAQS due to transported pollution from other states. 
Continued implementation of CSAPR in the vast majority of those upwind 
states will also help the Atlanta Area maintain the standard.
---------------------------------------------------------------------------

    \22\ The revised emission projections reflect no emission 
reductions from EGUs beyond 2008 other than the permanent and 
enforceable emission reductions that have occurred due to the 
shutdowns and conversions identified above.
---------------------------------------------------------------------------

    As shown in Table 7.2, EPA projects that SO2 and 
NOX emissions will decline by approximately 38 percent and 
42 percent, respectively, from 2008 to 2024 without Georgia Rules (sss) 
and (uuu). This decrease is due to the implementation of Federal 
controls during the first half of the maintenance period and to the 
permanent and enforceable shutdowns and conversions discussed above. 
Emissions of PM2.5 are expected to increase by approximately 
15.4 percent (7,537 tons) from 2008 through 2024 due to projected 
increases in non-point source PM2.5 emissions. Therefore, 
EPA further evaluated whether the increase in PM2.5 
emissions, in combination with the decreases in SO2 and 
NOX emissions, would provide for maintenance of the 
standard.
    Because the relationship between pollutant emissions and ambient 
air quality is different for each of the three pollutants, the changes 
in emissions for each pollutant must be weighted according to the air 
quality impact of each pollutant. To evaluate this relationship, the 
State examined speciation data available from the EPA Air Explorer Web 
site for 2007-2009 for the DeKalb County monitor (13-089-0002). The 3-
year average of this data suggests that ambient PM2.5 in 
Atlanta consists of approximately 40.7 percent sulfate; 1.2 percent 
nitrate; 50.1 percent organic particulate matter (which consists of 
directly-emitted primary organic matter and atmospherically formed 
secondary organic aerosol); 4.2 percent miscellaneous inorganic 
particulate matter; and 3.7 percent other types of particulate matter. 
Therefore, using a conservative assumption that all of the organic 
particulate matter is primary organic matter, the direct 
PM2.5 species make up approximately 54.3 percent of the 
total ambient PM2.5.
    A conservative approach assumes the full ambient concentration of 
organic particulate matter plus miscellaneous inorganic particulate 
matter will vary in accordance with changes in total nonattainment area 
emissions of direct PM2.5. This analysis thus assumes that 
the component of ambient PM2.5 attributable to direct 
PM2.5 species will increase by the same percentage as the 
percentage increase in direct PM2.5 emissions projected for 
the Atlanta Area (i.e., 15.4 percent). The baseline concentration is 
conservatively assumed to be 15.0 [micro]g/m\3\, and direct 
PM2.5 is estimated to contribute 54.3 percent, or 8.1 
[micro]g/m\3\, of that baseline. Thus, a 15.4 percent increase in the 
8.1 [micro]g/m\3\ of the direct PM2.5 component would 
suggest a resulting 1.2 [micro]g/m\3\ increase in the ambient 
concentration. As discussed earlier, the highest 2008-2010 design value 
for the Atlanta Area was 13.6 [micro]g/m\3\ (with data substitution) 
and the 2011-2014 design value is 11.1 [micro]g/m\3\ (with data 
substitution). Thus, even if the design value were to increase by 1.2 
[micro]g/m\3\, the standard of 15 [micro]g/m\3\ would still be met. 
Furthermore, the projected increase in direct PM2.5 
emissions (approximately 7,537 tons) will be at least partially, if not 
fully, offset by a significant decrease in sulfate and nitrate 
emissions, resulting in a continued decrease in the PM2.5 
design values in the Atlanta Area. As shown in Table 7.2, EPA expects 
that, at a minimum, SO2 and NOX emissions will 
decrease by approximately 163,146 tons and 114,352 tons, respectively, 
from 2008 through 2024.
    A maintenance plan requires the state to show that projected future 
year overall emissions will not exceed the level of emissions which led 
the Area to attain the NAAQS. For the reasons discussed above, EPA 
believes that the projected emissions demonstrate that the Atlanta Area 
will continue to attain for the duration of the maintenance plan.
    While GA EPD's maintenance plan projects maintenance of the 1997 
Annual PM2.5 NAAQS through 2024, as noted above, EPA 
believes that the Atlanta Area will continue to maintain the standard 
at least through the year 2025 for several reasons: All of the federal 
regulatory requirements that enabled the Area to attain the NAAQS will 
continue to be in effect and enforceable after the 10-year maintenance 
period; the most recent maximum potential annual PM2.5 
design value (for the period 2012 to 2014) for the Area, 11.1 [micro]g/
m\3\,\23\ is well below the standard of 15.0 [micro]g/m\3\; and overall 
emissions are projected to decline significantly through 2024. Because 
it is highly improbable that emissions will suddenly increase after 
2024 and exceed attainment year inventory levels in 2025, EPA expects 
the projected downward trend in pollutant emissions in the Atlanta Area 
to continue to demonstrate maintenance of the 1997 PM2.5 
NAAQS through at least the year 2025.
---------------------------------------------------------------------------

    \23\ As noted earlier, due to incomplete data at one monitoring 
site during the third quarter of 2012, EPA conducted a statistical 
analysis to determine a maximum potential design value of 11.1 
[micro]g/m\3\ for the period 2012 to 2014. The analysis is described 
in detail in the monitoring TSD included in the docket for this 
rulemaking.

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

[[Page 1156]]

d. Monitoring Network
    There are currently seven monitors measuring ambient 
PM2.5 in the Atlanta Area. GA EPD has committed to continue 
operation of the monitors in the Atlanta Area in compliance with 40 CFR 
part 58 and have thus addressed the requirement for monitoring. EPA 
approved Georgia's 2014 monitoring plan on November 7, 2014.
e. Verification of Continued Attainment
    The State of Georgia, through the GA EPD, has the legal authority 
to enforce and implement the requirements of the Atlanta Area 1997 
Annual PM2.5 maintenance plan. This includes the authority 
to adopt, implement, and enforce any subsequent emissions control 
contingency measures determined to be necessary to correct future 
PM2.5 attainment problems.
    GA EPD will track the progress of the maintenance plan by 
performing future reviews of triennial emission inventories for the 
Atlanta Area as required in the Air Emissions Reporting Rule (AERR) and 
Consolidated Emissions Reporting Rule (CERR). For these periodic 
inventories, GA EPD will review the assumptions made for the purpose of 
the maintenance demonstration concerning projected growth of activity 
levels. If any of these assumptions appear to have changed 
substantially, then GA EPD will re-project emissions for the Atlanta 
Area.
f. Contingency Measures in the Maintenance Plan
    Section 175A of the CAA requires that a maintenance plan include 
such contingency measures as EPA deems necessary to assure that the 
state will promptly correct a violation of the NAAQS that occurs after 
redesignation. The maintenance plan should identify the contingency 
measures to be adopted, a schedule and procedure for adoption and 
implementation, and a time limit for action by the State. A state 
should also identify specific indicators to be used to determine when 
the contingency measures need to be implemented. The maintenance plan 
must include a requirement that a state will implement all measures 
with respect to control of the pollutant that were contained in the SIP 
before redesignation of the area to attainment in accordance with 
section 175A(d).
    The contingency measures included in Georgia's maintenance plan for 
the Atlanta Area include a triggering mechanism to determine when 
contingency measures are needed and a process of developing and 
implementing appropriate control measures. GA EPD will use actual 
ambient monitoring data to determine whether a trigger event has 
occurred and when contingency measures should be implemented. Georgia's 
trigger mechanisms include two tiers: Tier I and Tier II.
    A Tier I trigger is activated when any of the following conditions 
occurs:
     The previous calendar year's annual average 
PM2.5 concentration exceeds the standard by 1.5 [micro]g/
m\3\ or more;
     The annual mean PM2.5 concentration in each of 
the previous two consecutive calendar years exceeds the NAAQS by 0.5 
[micro]g/m\3\ or more;
     The total maintenance area SO2 emissions in the 
most recent NEI exceeds the corresponding attainment-year inventory by 
more than 10.0 percent;
     The total maintenance area PM2.5 emissions in 
the most recent NEI exceed the corresponding attainment-year inventory 
by more than 30.0 percent.
    A Tier II trigger is activated when any violation of the 1997 
Annual PM2.5 NAAQS at any federal reference method (FRM) 
monitor in the Atlanta maintenance area is recorded, based on quality-
assured monitoring data.
    In the event of either a Tier I or Tier II trigger, GA EPD will 
conduct a comprehensive study as expeditiously as practicable, but no 
later than nine months after the trigger is activated. GA EPD will 
evaluate a Tier I condition, if it occurs, to determine the causes of 
the ambient PM2.5 or emissions inventory increase and to 
determine if a Tier II condition is likely to occur. GA EPD will 
evaluate a Tier I condition, if it occurs, to determine the cause of 
the trigger and determine if the cause(s) of the ambient 
PM2.5 increase and to determine if the increase is likely to 
continue. Through the comprehensive study, GA EPD will attempt to 
determine whether the trigger condition is due to local emissions, 
emissions from elsewhere, or a combination of these. The study will 
also include a determination regarding the emissions control measures 
that may be necessary to prevent or correct a violation of the NAAQS.
    GA EPD will implement any required measures as expeditiously as 
practicable, taking into consideration the ease of implementation and 
the technical and economic feasibility of selected measures. Previously 
adopted controls, which have not yet realized emission reductions and 
which are not relied upon in the maintenance demonstration, will be 
implemented within 24 months from trigger activation.\24\ If the study 
determines that such previously adopted emission control programs are 
not sufficient to address any violation of the NAAQS, EPD will adopt 
additional rules or controls to require further emission reductions. 
Any additional rules or controls to address a violation would be 
adopted and implemented within 24 months of trigger activation and will 
be submitted to EPA for approval into Georgia's SIP.
---------------------------------------------------------------------------

    \24\ In a September 23, 2013, letter to EPA, the State clarified 
the timing and content of its contingency measures included in the 
maintenance plan for the Atlanta Area. In this letter, the State 
reaffirmed its commitment to address and correct any violation of 
the 1997 annual PM2.5 NAAQS as expeditiously as 
practicable and to do so no later than 24 months from the trigger 
activation.
---------------------------------------------------------------------------

    In any event, if a Tier II trigger is activated, EPD will consult 
and seek review from EPA on the analysis to determine the cause of the 
violation. The contingency measure(s) will be selected from the 
following types of emission controls or from any other control deemed 
appropriate and effective at the time the selection is made by EPD:
     RACM for sources of SO2 and PM2.5;
     Reasonably Available Control Technologies (RACT) for point 
sources of SO2 and PM2.5;
     Expansion of RACM/RACT to areas of transport within the 
State;
     Mobile source measures; and
     Additional SO2 and/or PM2.5 
reduction measures yet to be identified.
    In addition to the triggers indicated above, Georgia will monitor 
regional emissions through the CERR and AERR and compare them to the 
projected inventories and the attainment year inventory. In the August 
30, 2012, submittal, the State acknowledges that the contingency plan 
requires the implementation of all measures contained in the SIP for 
the Area prior to redesignation. The State also notes that these 
measures are currently in effect and may be evaluated by the State to 
determine if they are adequate or up-to-date.
    EPA has preliminarily concluded that the maintenance plan 
adequately addresses the five basic components required: The attainment 
emissions inventory, maintenance demonstration, monitoring, 
verification of continued attainment, and a contingency plan. 
Therefore, the maintenance plan SIP revision submitted by GA EPD for 
the Atlanta Area meets the requirements of section 175A of the CAA and 
is approvable.

[[Page 1157]]

VI. What is the effect of the January 4, 2013, D.C. Circuit decision 
regarding PM2.5 implementation under subpart 4?

a. Background

    As discussed in Section II of this notice, the D.C. Circuit 
remanded the 1997 PM2.5 Implementation Rule to EPA on 
January 4, 2013, in Natural Resources Defense Council v. EPA, 706 F.3d 
428. The Court found that EPA erred in implementing the 1997 
PM2.5 NAAQS pursuant to the general implementation 
provisions of subpart 1 of part D of Title I of the CAA rather than the 
particulate matter-specific provisions of subpart 4 of part D of Title 
I.
    For the purposes of evaluating Georgia's redesignation request for 
the Atlanta Area, to the extent that implementation under subpart 4 
would impose additional requirements for areas designated 
nonattainment, EPA believes that those requirements are not 
``applicable'' for the purposes of CAA section 107(d)(3)(E), and thus 
EPA is not required to consider subpart 4 requirements with respect to 
the redesignation of the Atlanta Area. Under its longstanding 
interpretation of the CAA, EPA has interpreted section 107(d)(3)(E) to 
mean, as a threshold matter, that the part D provisions which are 
``applicable'' and which must be approved in order for EPA to 
redesignate an area include only those which came due prior to a 
state's submittal of a complete redesignation request. See ``Procedures 
for Processing Requests to Redesignate Areas to Attainment,'' 
Memorandum from John Calcagni, Director, Air Quality Management 
Division, September 4, 1992 (Calcagni memorandum). See also ``State 
Implementation Plan (SIP) Requirements for Areas Submitting Requests 
for the plan and Redesignation to Attainment of the Ozone and Carbon 
Monoxide (CO) National Ambient Air Quality Standards (NAAQS) on or 
after November 15, 1992,'' Memorandum from Michael Shapiro, Acting 
Assistant Administrator, Air and Radiation, September 17, 1993 (Shapiro 
memorandum); Final Redesignation of Detroit-Ann Arbor, (60 FR 12459, 
12465-66, March 7, 1995); Final Redesignation of St. Louis, Missouri, 
(68 FR 25418, 25424-27, May 12, 2003); Sierra Club v. EPA, 375 F.3d 
537, 541 (7th Cir. 2004) (upholding EPA's redesignation rulemaking 
applying this interpretation and expressly rejecting Sierra Club's view 
that the meaning of ``applicable'' under the statute is ``whatever 
should have been in the plan at the time of attainment rather than 
whatever actually was in already implemented or due at the time of 
attainment'').\25\ In this case, at the time that Georgia submitted its 
redesignation request on August 30, 2012, requirements under subpart 4 
were not due, and indeed, were not yet known to apply.
---------------------------------------------------------------------------

    \25\ Applicable requirements of the CAA that come due subsequent 
to the area's submittal of a complete redesignation request remain 
applicable until a redesignation is approved, but are not required 
as a prerequisite to redesignation. Section 175A(c) of the CAA.
---------------------------------------------------------------------------

    On June 2, 2014, EPA published a rule entitled ``Identification of 
Nonattainment Classification and Deadlines for Submission of State 
Implementation Plan (SIP) Provisions for the 1997 Fine Particle 
(PM2.5) National Ambient Air Quality Standard (NAAQS) and 
2006 PM2.5 NAAQS'' (``Classification and Deadlines Rule''). 
79 FR 31,566.\26\ In that rule, the Agency responded to the DC 
Circuit's January 2013 decision by establishing classifications for 
PM2.5 nonattainment areas under subpart 4, and by 
establishing a new SIP submission date of December 31, 2014, for 
moderate area attainment plans and for any additional attainment-
related or nonattainment new source review plans necessary for areas to 
comply with the requirements applicable under subpart 4. Id. at 31,567-
70. Therefore, when Georgia submitted its request in August 2012, the 
deadline for submitting a SIP to meet the Act's subpart 4 requirements 
had not yet passed, and those requirements are therefore not applicable 
for purposes of evaluating Georgia's request for redesignation.
---------------------------------------------------------------------------

    \26\ Judicial review of EPA's Classification and Deadlines Rule 
is pending in the D.C. Circuit. At the time of this notice, briefing 
and oral arguments in that case have concluded but a decision has 
not yet been issued by the Court. See WildEarth Guardians v. EPA, 
No. 14-1145 (D.C. Circuit, argued November 6, 2015).
---------------------------------------------------------------------------

b. Subpart 4 Requirements and the Atlanta Area Redesignation Request

    Even though the substantive requirements of subpart 4 were not 
applicable requirements that Georgia was required to have met at the 
time of its redesignation request submission, EPA believes that even 
the imposition of those substantive requirements would not pose a bar 
to the redesignation of the Atlanta Area. The additional requirements 
found in subpart 4 are either designed to help an area achieve 
attainment (also known as ``attainment planning requirements'') or are 
related to new source permitting. None of these additional requirements 
are applicable for purposes of evaluating a redesignation from 
nonattainment to attainment under EPA's long-standing interpretation of 
CAA section 107(d)(3)(E)(ii) and (v).
    As background, EPA notes that subpart 4 incorporates components of 
subpart 1 of part D, which contains general air quality planning 
requirements for areas designated as nonattainment. See section 172(c). 
Subpart 4 itself contains specific planning and scheduling requirements 
for PM10 \27\ nonattainment areas, and under the Court's 
January 4, 2013, decision in NRDC v. EPA, these same statutory 
requirements also apply for PM2.5 nonattainment areas.\28\ 
In the General Preamble, EPA's longstanding general guidance 
interpreting the 1990 amendments to the CAA,\29\ EPA discussed the 
relationship of subpart 1 and subpart 4 SIP requirements and pointed 
out that subpart 1 requirements were to an extent ``subsumed by, or 
integrally related to, the more specific PM-10 requirements.'' See 57 
FR 13538 (April 16, 1992). The subpart 1 requirements include, among 
other things, provisions for attainment demonstrations, RACM, RFP, 
emissions inventories, and contingency measures.
---------------------------------------------------------------------------

    \27\ PM10 refers to particles nominally 10 
micrometers in diameter or smaller.
    \28\ In explaining their decision, the court reasoned that the 
plain meaning of the CAA requires implementation of the 1997 p.m.2.5 
NAAQS under subpart 4 because PM2.5 particles fall within 
the statutory definition of PM10 and are thus subject to 
the same statutory requirements. The EPA has proposed its 
interpretation of subpart 4 requirements as applied to the 
PM2.5 NAAQS in its proposal rule entitled ``Fine 
Particulate Matter National Ambient Air Quality Standards: State 
Implementation Plan Requirements'' (80 FR 15340, March 23, 2015).
    \29\
---------------------------------------------------------------------------

    As noted above, in the Classification and Deadlines Rule, EPA 
initially classified all areas designated nonattainment for either the 
1997 or the 2006 PM2.5 NAAQS as ``moderate'' nonattainment 
areas. Additional requirements that would apply to the Atlanta Area as 
a moderate nonattainment area are therefore Sections 189(a) and (c), 
including the following: (1) An approved permit program for 
construction of new and modified major stationary sources (section 
189(a)(1)(A)); (2) an attainment demonstration (section 189(a)(1)(B)); 
(3) provisions for RACM (section 189(a)(1)(C)); and (4) quantitative 
milestones demonstrating RFP toward attainment by the applicable 
attainment date (section 189(c)).\30\
---------------------------------------------------------------------------

    \30\ EPA's proposed implementation rule (80 FR 15340 (March 23, 
2015)) includes, among other things, the Agency's proposed 
interpretation of these moderate area requirements for purposes of 
PM2.5 NAAQS implementation.
---------------------------------------------------------------------------

    The permit requirements of subpart 4, as contained in section 
189(a)(1)(A),

[[Page 1158]]

refer to and apply the subpart 1 permit provisions requirements of 
sections 172 and 173 to PM10, without adding to them. 
Consequently, EPA believes that section 189(a)(1)(A) does not itself 
impose for redesignation purposes any additional requirements for 
moderate areas beyond those contained in subpart 1.\31\ In any event, 
in the context of redesignation, EPA has long relied on the 
interpretation that a fully approved nonattainment new source review 
program is not considered an applicable requirement for redesignation, 
provided the area can maintain the standard with a PSD program after 
redesignation. A detailed rationale for this view is described in a 
memorandum from Mary Nichols, Assistant Administrator for Air and 
Radiation, dated October 14, 1994, entitled ``Part D New Source Review 
Requirements for Areas Requesting Redesignation to Attainment.'' See 
also rulemakings for Detroit, Michigan (60 FR 12467-12468, March 7, 
1995); Cleveland-Akron-Lorain, Ohio (61 FR 20458, 20469-20470, May 7, 
1996); Louisville, Kentucky (66 FR 53665, October 23, 2001); and Grand 
Rapids, Michigan (61 FR 31834-31837, June 21, 1996).
---------------------------------------------------------------------------

    \31\ The potential effect of section 189(e) on section 
189(a)(1)(A) for purposes of evaluating this redesignation is 
discussed below.
---------------------------------------------------------------------------

    With respect to the specific attainment planning requirements under 
subpart 4,\32\ EPA applies the same interpretation that it applies to 
attainment planning requirements under subpart 1 or any of other 
pollutant-specific subparts. That is, under its long-standing 
interpretation of the CAA, where an area is already attaining the 
standard, EPA does not consider those attainment-planning requirements 
to be applicable for purposes of evaluating a request for redesignation 
because requirements that are designed to help an area achieve 
attainment no longer have meaning where an area is already meeting the 
standard.
---------------------------------------------------------------------------

    \32\ These planning requirements include the attainment 
demonstration, quantitative milestone requirements, and RACM 
analysis.
---------------------------------------------------------------------------

    Thus, at the time of Georgia's submission of its redesignation 
request, the requirement for the Atlanta Area to comply with subpart 4 
had not yet come due and was, therefore, not applicable for purposes of 
EPA's evaluation of the redesignation. Moreover, even if Georgia had 
been required to comply with those subpart 4 requirements, the 
additional substantive requirements for a moderate nonattainment area 
under subpart 4 were not applicable for purposes of redesignation 
anyway, given EPA's long-standing interpretation of the applicability 
of certain requirements to areas that are attaining the NAAQS.

c. Subpart 4 and Control of PM2.5 Precursors

    As noted previously, EPA does not believe that the requirement to 
comply with subpart 4 applied to the Atlanta Area redesignation request 
because that request was submitted prior to the moderate area SIP 
submission date of December 31, 2014. However, even if the requirements 
of subpart 4 were to apply to the Atlanta Area, EPA nevertheless 
believes that the additional requirements of subpart 4 would not pose 
an obstacle to our approval of Georgia's request to redesignate the 
Atlanta Area. Specifically, EPA proposes to determine that, because the 
Atlanta Area is attaining the standard, no additional controls of any 
PM2.5 precursors would be required. Under either subpart 1 
or subpart 4, for purposes of demonstrating attainment as expeditiously 
as practicable, a state is required to evaluate all economically and 
technologically feasible control measures for direct PM emissions and 
precursor emissions, and adopt those measures that are deemed 
reasonably available. Relevant precursors to PM2.5 pollution 
include SO2, NOx, VOC and ammonia. Moreover, CAA section 
189(e) in subpart 4 specifically provides that control requirements for 
major stationary sources of direct PM10 shall also apply to 
PM10 precursors from those sources, except where EPA 
determines that major stationary sources of such precursors ``do not 
contribute significantly to PM10 levels which exceed the 
standard in the area.''
    Under subpart 1 and EPA's prior implementation rule, all major 
stationary sources of PM2.5 precursors were subject to 
regulation, with the exception of ammonia and VOC. Thus, assuming 
subpart 4 requirements are applicable for purposes of evaluating this 
redesignation request, EPA is analyzing here whether additional 
controls of ammonia and VOC from major stationary sources are required 
under section 189(e) of subpart 4 in order to redesignate the area for 
the 1997 PM2.5 standard. As explained below, EPA does not 
believe that any additional controls of ammonia and VOC are required in 
the context of this redesignation.
    In the General Preamble, EPA discusses its approach to implementing 
section 189(e). See 57 FR 13538 (April 16, 1992). With regard to 
precursor regulation under section 189(e), the General Preamble 
explicitly stated that control of VOCs under other Act requirements may 
suffice to relieve a state from the need to adopt precursor controls 
under section 189(e). See 57 FR 13542. EPA in this rulemaking proposes 
to determine that even if not explicitly addressed by the State in its 
submission, the State does not need to take further action with respect 
to ammonia and VOCs as precursors to satisfy the requirements of 
section 189(e). This proposed determination is based on our findings 
that: (1) The Atlanta Area contains only one major stationary source of 
ammonia (Owens Corning, Fairburn Plant), and (2) existing major 
stationary sources of VOC are adequately controlled under other 
provisions of the CAA regulating the ozone NAAQS.\33\ In the 
alternative, EPA proposes to determine that, under the express 
exception provisions of section 189(e), and in the context of the 
redesignation of the Area, which is attaining the 1997 Annual 
PM2.5 standard, at present ammonia and VOC precursors from 
major stationary sources do not contribute significantly to levels 
exceeding the 1997 PM2.5 standard in the Atlanta Area. See 
57 FR 13539.
---------------------------------------------------------------------------

    \33\ The Atlanta Area has reduced VOC emissions through the 
implementation of various control programs including various on-road 
and non-road motor vehicle control programs.
---------------------------------------------------------------------------

    As noted earlier, EPA determined in December 2011 that the Atlanta 
Area was attaining the 1997 Annual PM2.5 NAAQS and that the 
Area had attained the NAAQS by the applicable attainment date of April 
5, 2010. 76 FR 76620. Under EPA's regulations, a determination of 
attainment, also known as a clean data determination, suspends the 
CAA's requirements to submit an attainment demonstration, including an 
analysis of reasonably available control measures and control 
technology; reasonable further progress; and contingency measures. 
Under subpart 4, Georgia's plan for attaining the 1997 PM2.5 
NAAQS in the Atlanta Area would have had to consider all 
PM2.5 precursors, including VOC and ammonia, and whether 
there were control measures, including for existing sources under 
section 189(e), available that would have advanced the area's 
attainment goals. However, because the Atlanta Area has already 
attained the 1997 PM2.5 NAAQS, the state's requirement to 
submit a plan demonstrating how the area would attain has been 
suspended, and, moreover, the area has shown that it has attained with 
its current approach to regulation of PM2.5 precursors. 
Therefore, EPA believes that it is reasonable to conclude in the 
context of this redesignation that there is no need

[[Page 1159]]

to revisit the attainment control strategy with respect to the 
treatment of precursors. In addition, as noted below, EPA has analyzed 
projections of VOC and ammonia emissions in the area and has determined 
that VOC emissions are projected to decrease sharply over the 
maintenance period and ammonia emissions, which are emitted in marginal 
amounts in the Atlanta area, are projected to increase only slightly. 
Accordingly, EPA does not view the January 4, 2013, decision of the 
Court as precluding redesignation of the Atlanta Area to attainment for 
the 1997 Annual PM2.5 NAAQS. In sum, even if Georgia were 
required to address precursors for the Atlanta Area under subpart 4 
rather than under subpart 1, EPA would still conclude that the area had 
met all applicable requirements for purposes of redesignation in 
accordance with section 107(d)(3)(E)(ii) and (v).

d. Maintenance Plan and Evaluation of Precursors

    EPA proposes to determine that the State's maintenance plan shows 
continued maintenance of the standard by tracking the levels of the 
precursors whose control brought about attainment of the 1997 
PM2.5 standard in the Atlanta Area. EPA therefore believes 
that the only additional consideration related to the maintenance plan 
requirements that results from the Court's January 4, 2013, decision is 
that of assessing the potential role of VOC and ammonia in 
demonstrating continued maintenance in this Area. As explained below, 
based upon documentation provided by Georgia and supporting 
information, EPA believes that the maintenance plan for the Atlanta 
Area need not include any additional emission reductions of VOC or 
ammonia in order to provide for continued maintenance of the standard.
    First, as noted above in EPA's discussion of section 189(e), VOC 
emission levels in this area have historically been well-controlled 
under SIP requirements related to ozone and other pollutants. Second, 
total ammonia emissions throughout the Atlanta Area are projected to be 
approximately 13,620 tons per year in 2020. See Table 8 below. This 
amount of ammonia emissions is relatively low in comparison to the 
total amounts of SO2, NOX, and even direct 
PM2.5 emissions from sources in the Area. Third, as 
described below, available information shows that no precursor, 
including VOC and ammonia, is expected to increase significantly over 
the maintenance period so as to interfere with or undermine the State's 
maintenance demonstration.
    The emissions inventories used in the regulatory impact analysis 
(RIA) for the 2012 PM2.5 NAAQS, included in the docket for 
today's action, show that VOC emissions are projected to decrease by 
52,813.38 tpy and that ammonia emissions are projected to increase by 
91.89 tpy in the Area between 2007 and 2020. See Table 8, below. Thus, 
emissions of VOC are projected to decrease by 30 percent, and emissions 
of ammonia are projected to remain about the same, increasing by less 
than one percent.
---------------------------------------------------------------------------

    \34\ These emissions estimates were taken from the emissions 
inventories developed for the regulatory impact analysis for the 
2012 PM2.5 NAAQS.

                       Table 8--Comparison of 2007 and 2020 VOC and Ammonia Emission Totals by Source Sector (tpy) for the Area 34
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                VOC                                           Ammonia
                      Source sector                      -----------------------------------------------------------------------------------------------
                                                               2007            2020         Net Change         2007            2020         Net Change
--------------------------------------------------------------------------------------------------------------------------------------------------------
Nonpoint................................................       76,274.51       74,736.27       -1,538.24       10,220.59       11,535.64        1,315.05
Non-road................................................       28,433.41       16,376.46      -12,056.95           31.17           38.96            7.79
Onroad..................................................       64,157.97       25,202.79      -38,955.18        2,587.41        1,570.67       -1,016.74
Point...................................................        6,639.28        6,376.27         -263.01          689.03          474.82         -214.21
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................      175,505.17      122,691.79      -52,813.38       13,528.20       13,620.09           91.89
--------------------------------------------------------------------------------------------------------------------------------------------------------

    While the RIA emissions inventories are only projected out to 2020, 
there is no reason to believe that this overall downward trend would 
not continue through 2025. Given that the Atlanta Area is already 
attaining the 1997 Annual PM2.5 NAAQS even with the current 
level of emissions from sources in the Area, the overall trend of 
emissions inventories is consistent with continued attainment.
    In addition, available air quality data and modeling analyses show 
continued maintenance of the standard during the maintenance period. As 
noted in section V, above, the Atlanta Area recorded a maximum 
potential annual PM2.5 design value of 11.1 [mu]g/m\3\ 
during 2012-2014, the most recent three years available with quality-
assured and certified ambient air monitoring data. This is well below 
the 1997 Annual PM2.5 NAAQS of 15 [micro]g/m\3\. Moreover, 
the modeling analysis conducted for the RIA for the 2012 
PM2.5 NAAQS indicates that the design value for this area is 
expected to continue to decline through 2020. In the RIA analysis, the 
2020 modeled design value for the Atlanta Area is 9.4 [micro]g/m\3\. 
Given the decrease in overall precursor emissions projected through 
2024, and expected through 2025, it is reasonable to conclude that the 
monitored PM2.5 concentration in this area will also 
continue to decrease through 2025.
    Thus, EPA believes that there is ample justification to conclude 
that the Atlanta Area should be redesignated, even taking into 
consideration the emissions of VOC and ammonia potentially relevant to 
PM2.5. After consideration of the DC Circuit's January 4, 
2013, decision, and for the reasons set forth in this notice, EPA 
continues to propose approval of the State's maintenance plan and its 
request to redesignate the Atlanta Area to attainment for the 1997 
Annual PM2.5 NAAQS.

VII. What is EPA's Analysis of Georgia's Proposed NOX and 
PM2.5 MVEBs for the Atlanta Area?

    Under section 176(c) of the CAA, new transportation plans, 
programs, and projects, such as the construction of new highways, must 
``conform'' to (i.e., be consistent with) the part of the state's air 
quality plan that addresses pollution from cars and trucks. Conformity 
to the SIP means that transportation activities will not cause new air 
quality violations, worsen existing violations, or delay timely 
attainment of the NAAQS or any interim milestones. If a

[[Page 1160]]

transportation plan does not conform, most new projects that would 
expand the capacity of roadways cannot go forward. Regulations at 40 
CFR part 93 set forth EPA policy, criteria, and procedures for 
demonstrating and assuring conformity of such transportation activities 
to a SIP. The regional emissions analysis is one, but not the only, 
requirement for implementing transportation conformity. Transportation 
conformity is a requirement for nonattainment and maintenance areas. 
Maintenance areas are areas that were previously nonattainment for a 
particular NAAQS but have since been redesignated to attainment with an 
approved maintenance plan for that NAAQS.
    Under the CAA, states are required to submit, at various times, 
control strategy SIPs and maintenance plans for nonattainment areas. 
These control strategy SIPs (including RFP and attainment 
demonstration) and maintenance plans create MVEBs for criteria 
pollutants and/or their precursors to address pollution from cars and 
trucks. Per 40 CFR part 93, a MVEB must be established for the last 
year of the maintenance plan. A state may adopt MVEBs for other years 
as well. A MVEB is the portion of the total allowable emissions in the 
maintenance demonstration that is allocated to highway and transit 
vehicle use and emissions. See 40 CFR 93.101. The MVEBs serve as a 
ceiling on emissions from an area's planned transportation system. The 
MVEBs concept is further explained in the preamble to the November 24, 
1993, Transportation Conformity Rule. See 58 FR 62188. The preamble 
also describes how to establish the MVEBs in the SIP and how to revise 
the MVEBs.
    After interagency consultation with the transportation partners for 
the Atlanta Area, Georgia has elected to develop MVEBs for 
NOX and PM2.5 for the entire Area. Georgia has 
developed these MVEBs, as required, for the last year of its 
maintenance plan, 2024. The NOX and PM2.5 MVEBs 
were developed in consultation with the transportation partners and 
were added to account for uncertainties in population growth, changes 
in model vehicle miles traveled and new emission factor models. Further 
details are provided below to explain how the MVEBs for 2024 were 
derived.
    The State estimated the worst case daily motor vehicle projections 
for NOX and PM2.5 in 2024 and set the MVEBs at 
this level. The worst-case daily motor vehicle emissions projection for 
PM2.5 is 2,281 tons (38.9 percent above the projected 2024 
on-road emissions), and the worst-case daily motor vehicle emissions 
projection for NOX is 44,430 tons (26 percent above the 
projected 2024 on-road emissions). The proposed 
NOX and PM2.5 MVEBs for the Atlanta 
Area are identified in Table 9, below. On-road emissions of 
SO2 are considered de minimis; therefore, no budget for 
SO2 is required. See 70 FR 24280, 24283 (May 6, 2005).

           Table 9--Proposed Atlanta Area NOX and PM2.5 MVEBs
                                  [tpy]
------------------------------------------------------------------------
                                                          NOX     PM2.5
------------------------------------------------------------------------
2024 On-Road Mobile Emissions.........................   35,272    1,642
2024 Safety Margin Allocated..........................    9,158  .......
2024 Total Motor Vehicle Budget.......................   44,430    2,281
------------------------------------------------------------------------

    The 9,158 ton difference in the NOX projections is well 
within the NOX ``safety margin.'' \35\ Under 40 CFR 93.101, 
the term ``safety margin'' is the difference between the attainment 
level (from all sources) and the projected level of emissions (from all 
sources) in the maintenance plan. The safety margin can be allocated to 
the transportation sector; however, the total emissions must remain 
below the attainment level.
---------------------------------------------------------------------------

    \35\ The difference between the 2024 NOX emissions 
projected by EPA and 2008 actual NOX emissions (i.e., 
NOX safety margin) is approximately 114,352 tons.
---------------------------------------------------------------------------

    Although there is no apparent safety margin for PM2.5 
because overall emissions of direct PM2.5 from all source 
categories are projected to increase by approximately 15 percent from 
2008 to 2024 (see Table 7.2), the on-road mobile NOX and 
PM2.5 emissions are projected to decrease by approximately 
72 percent and 65 percent, respectively (see Table 5) due to the 
federal mobile source measures discussed in Section V. Table 10, below, 
shows that the percentage of the PM2.5 on-road mobile source 
emissions as compared to the overall PM2.5 emissions from 
all sectors trends downward from 9.6 percent in 2008 to 3.0 percent in 
2024.

  Table 10--PM2.5 On-Road Mobile Sources Emissions Comparison to the Total PM2.5 Emissions From All Sectors for
                                                the Atlanta Area
                                                 [Tons per year]
----------------------------------------------------------------------------------------------------------------
                                       2008            2014            2017            2020            2024
----------------------------------------------------------------------------------------------------------------
PM2.5 emissions--on-road mobile.           4,662           3,529           2,963           2,397           1,642
Total PM2.5 emissions--all                48,811          51,256          52,478          54,285          55,188
 sectors........................
On-road mobile % of total PM2.5              9.6             6.9             5.7             4.4             3.0
 emissions......................
----------------------------------------------------------------------------------------------------------------

    As discussed in Section V, EPA believes that Area will maintain the 
NAAQS through 2025 and that the impact of the projected increase in 
PM2.5 emissions will be overcompensated by the projected 
decreases in the emissions of SO2 and NOX. 
Furthermore, even if mobile source emissions are equal to the worst-
case scenario MVEBs in 2024, the Atlanta Area will maintain the 
PM2.5 standard. Applying the projected 15 percent increase 
in direct PM2.5 emissions to the proposed 2024 MVEB (2,281 
tpy) yields a value of 2,623 tpy which is 44 percent less than the 2008 
attainment level of on-road mobile emissions (4,662 tpy).
    Through this rulemaking, EPA is proposing to approve the MVEBs for 
NOX and PM2.5 for 2024 for the Atlanta 
Area because EPA has determined that the Area maintains the 1997 Annual 
PM2.5 NAAQS with the emissions at the levels of the budgets. 
Once the MVEBs for the Atlanta Area are approved or found adequate 
(whichever is completed first), they must be used for future conformity 
determinations. After thorough review, EPA has determined that the 
budgets meet the adequacy criteria, as outlined in 40 CFR 93.118(e)(4). 
Therefore, EPA is proposing to approve the budgets because they are 
consistent with maintenance of the 1997 Annual PM2.5 NAAQS 
through 2024.

[[Page 1161]]

VIII. What is the Status of EPA's Adequacy Determination for the 
Proposed NOX and PM2.5 MVEBs for 2024 for the 
Atlanta Area?

    When reviewing submitted ``control strategy'' SIPs or maintenance 
plans containing MVEB, EPA may affirmatively find the MVEB contained 
therein adequate for use in determining transportation conformity. Once 
EPA affirmatively finds the submitted MVEB is adequate for 
transportation conformity purposes, that MVEBs must be used by state 
and federal agencies in determining whether proposed transportation 
projects conform to the SIP as required by section 176(c) of the CAA.
    EPA's substantive criteria for determining adequacy of MVEBs are 
set out in 40 CFR 93.118(e)(4). The process for determining adequacy 
consists of three basic steps: Public notification of a SIP submission, 
a public comment period, and EPA's adequacy determination. This process 
for determining the adequacy of submitted MVEBs for transportation 
conformity purposes was initially outlined in EPA's May 14, 1999, 
guidance entitled ``Conformity Guidance on Implementation of March 2, 
1999, Conformity Court Decision.'' EPA adopted regulations to codify 
the adequacy process in rulemaking entitled ``Transportation Conformity 
Rule Amendments for the New 8-Hour Ozone and PM2.5 National 
Ambient Air Quality Standards and Miscellaneous Revisions for Existing 
Areas; Transportation Conformity Rule Amendments: Response to Court 
Decision and Additional Rule Changes''; July 1, 2004 (69 FR 40004). 
Additional information on the adequacy process for transportation 
conformity purposes is available in the proposed rule entitled 
``Transportation Conformity Rule Amendments: Response to Court Decision 
and Additional Rule Changes''; June 30, 2003 (68 FR 38974, 38984).
    As discussed earlier, Georgia's maintenance plan submission 
includes NOX and PM2.5 MVEBs for the Atlanta Area 
for 2024, the last year of the maintenance plan. EPA reviewed the 
NOX and PM2.5 MVEBs through the adequacy process, 
and the adequacy of the MVEBs was open for public comment on EPA's 
adequacy Web site on February 21, 2013, found at: http://www.epa.gov/otaq/stateresources/transconf/currsips.htm. The EPA public comment 
period on adequacy for the MVEBs for 2024 for Atlanta Area closed on 
March 25, 2013. EPA did not receive any comments on the adequacy of the 
MVEBs, nor did EPA receive any requests for the SIP submittal.
    EPA intends to make its determination on the adequacy of the 2024 
MVEBs for the Atlanta Area for transportation conformity purposes in 
the near future by completing the adequacy process that was started on 
February 21, 2013. After EPA finds the 2024 MVEBs adequate under 40 CFR 
93.118(f)(1)(iv) or takes final action to approve them into the Georgia 
SIP under 40 CFR 93.118(f)(2)(iii), the new MVEBs for NOX 
and PM2.5 must be used for future transportation conformity 
determinations. For required regional emissions analysis years that 
involve 2024 or beyond, the applicable budgets will be the new 2024 
MVEBs established in the maintenance plan.

IX. Proposed Actions on the Redesignation Request and Maintenance Plan 
SIP Revisions Including Approval of the NOX and 
PM2.5 MVEBs for 2024 for the Atlanta Area

    On December 8, 2011, EPA determined that the Atlanta Area was 
attaining the 1997 PM2.5 NAAQS. See 76 FR 76620. EPA is now 
proposing to take three separate but related actions regarding the 
redesignation and maintenance of the 1997 Annual PM2.5 NAAQS 
for the Atlanta Area.
    First, EPA is proposing to determine, based upon review of quality-
assured and certified ambient monitoring data for the 2008-2010 period, 
and review of data in AQS for 2011 through 2014 that the Atlanta Area 
continues to attain the 1997 Annual PM2.5 NAAQS. Second, EPA 
proposing to approve the maintenance plan for the Atlanta Area, 
including the NOX and PM2.5 MVEBs for 2024, into 
the Georgia SIP (under section 175A). As described above, the 
maintenance plan demonstrates that the Area will continue to maintain 
the 1997 Annual PM2.5 NAAQS, and the budgets meet all of the 
adequacy criteria contained in 40 CFR 93.118(e)(4) and (5). Third, EPA 
is proposing to approve Georgia's request for redesignation of the 
Atlanta Area from nonattainment to attainment for the 1997 
p.m.2.5 NAAQS based upon the preliminary determination that 
the Area has met the requirements for redesignation under CAA section 
107(d)(3)(E). Further, as part of today's action, EPA is describing the 
status of its adequacy determination for the 2024 NOX and 
VOC MVEBs in accordance with 40 CFR 93.118(f)(1). Within 24 months from 
the effective date of EPA's adequacy determination for the MVEBs or the 
publication date for the final rule for this action, whichever is 
earlier, the transportation partners will need to demonstrate 
conformity to the new NOX and VOC MVEBs pursuant to 40 CFR 
93.104(e).
    If finalized, approval of Georgia's redesignation request for the 
Atlanta Area would change the official designation of Barrow, Bartow, 
Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, 
Forsyth, Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, 
Spalding, Walton, and portions of Heard and Putnam Counties in Georgia, 
as found at 40 CFR part 81, from nonattainment to attainment for the 
1997 PM2.5 NAAQS.

X. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 
40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, these proposed actions merely approve state law as meeting 
federal requirements and do not impose additional requirements beyond 
those imposed by state law. For that reason, these proposed actions:
     Are not significant regulatory actions subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     do not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     do not have Federalism implications as specified in 
Executive

[[Page 1162]]

Order 13132 (64 FR 43255, August 10, 1999);
     are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     will not have disproportionate human health or 
environmental effects under Executive Order 12898 (59 FR 7629, February 
16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen oxides, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control.

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

    Dated: December 22, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-33196 Filed 1-8-16; 8:45 am]
 BILLING CODE 6560-50-P