[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Proposed Rules]
[Pages 67409-67412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25526]
[[Page 67409]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0400; FRL-9274-01-R4]
Air Plan Approval; Georgia; Atlanta Area Emissions Inventory
Requirements for the 2015 8-Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Georgia through the Georgia Environmental Protection Division
(GA EPD) on July 2, 2020, to address the base year emissions inventory
requirements for the 2015 8-hour ozone national ambient air quality
standards (NAAQS) for the Atlanta, Georgia 2015 8-hour ozone
nonattainment area (hereinafter referred to as the ``Atlanta Area'').
These requirements apply to all ozone nonattainment areas. This action
is being proposed pursuant to the Clean Air Act (CAA or Act).
DATES: Comments must be received on or before December 27, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2020-0400 at www.regulations.gov. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9088. Ms. Bell can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On October 1, 2015, EPA promulgated a revised 8-hour primary and
secondary ozone NAAQS, strengthening both from 0.075 parts per million
(ppm) to 0.070 ppm (the 2015 8-hour ozone NAAQS). See 80 FR 65292. The
2015 8-hour ozone NAAQS is set at 0.070 ppm based on an annual fourth-
highest daily maximum 8-hour average concentration averaged over three
years. Under EPA's regulations at 40 Code of Federal Regulations (CFR)
part 50, the 2015 8-hour ozone NAAQS is attained when the 3-year
average of the annual fourth-highest daily maximum 8-hour average
ambient air quality ozone concentrations is less than or equal to 0.070
ppm. See 40 CFR 50.19. Ambient air quality monitoring data for the 3-
year period must meet a data completeness requirement. See 40 CFR part
50, Appendix U. The ambient air quality monitoring data completeness
requirement is met when the average percentage of days with valid
ambient monitoring data is greater than 90 percent and no single year
has less than 75 percent data completeness as determined using Appendix
U.
Upon promulgation of a new or revised ozone NAAQS, the CAA requires
EPA to designate as nonattainment any area that is violating the NAAQS
based on the three most recent years of ambient air quality data. On
April 30, 2018, EPA designated a seven-county area in and around
metropolitan Atlanta as a marginal ozone nonattainment area for the
2015 8-hour ozone NAAQS.\1\ The Atlanta Area was designated
nonattainment for the 2015 8-hour ozone NAAQS on April 30, 2018
(effective August 3, 2018) using 2014-2016 ambient air quality data.
See 83 FR 25776. On December 6, 2018, EPA finalized a rule titled
``Implementation of the 2015 National Ambient Air Quality Standards for
Ozone: Nonattainment Area State Implementation Plan Requirements'' (SIP
Requirements Rule) that establishes the requirements that state,
tribal, and local air quality management agencies must meet as they
develop implementation plans for areas where air quality exceeds the
2015 8-hour ozone NAAQS.\2\ See 83 FR 62998; 40 CFR part 51, subpart
CC. This rule establishes nonattainment area attainment deadlines based
on Table 1 of section 181(a) of the Clean Air Act (CAA), including an
attainment deadline of August 3, 2021, three years after the August 3,
2018 effective date, for areas classified as marginal for the 2015 8-
hour ozone NAAQS.
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\1\ The nonattainment area for the 2015 8-hour ozone standard
consists of the following counties: Bartow, Clayton, Cobb, Dekalb,
Fulton, Gwinnett, and Henry.
\2\ The SIP Requirements Rule addresses a range of nonattainment
area SIP requirements for the 2015 8-hour ozone NAAQS, including
requirements pertaining to attainment demonstrations, reasonable
further progress (RFP), reasonably available control technology,
reasonably available control measures, major nonattainment new
source review, emission inventories, and the timing of SIP
submissions and compliance with emission control measures in the
SIP.
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Based on the nonattainment designation, Georgia was required to
develop a SIP revision addressing certain CAA requirements for the
Atlanta Area. Among other things, Georgia was required to submit a SIP
revision addressing the emissions inventory requirements in CAA section
182(a)(1).
Ground level ozone is not emitted directly into the air but is
created by chemical reactions between oxides of nitrogen
(NOX) and volatile organic compounds (VOC) in the presence
of sunlight. Emissions from industrial facilities and electric
utilities, motor vehicle exhaust, gasoline vapors, and chemical
solvents are some of the major sources of NOX and VOC.
Section 182(a)(1) of the CAA requires states with areas designated
nonattainment for the ozone NAAQS to submit a SIP revision providing a
comprehensive, accurate, and current inventory of actual emissions from
all sources of the relevant pollutant or pollutants in such area.
NOX and VOCs are the relevant pollutants because they are
the precursors--i.e., the pollutants that contribute to the formation--
of ozone.
II. State's Submittal
On July 2, 2020, Georgia submitted a SIP revision addressing the
emissions inventory requirements related to the 2015 8-hour ozone NAAQS
for the Atlanta Area.\3\ EPA is proposing to approve this SIP revision
as meeting the inventory requirements of section 182(a)(1) of the CAA
and meeting EPA's
[[Page 67410]]
SIP Requirements Rule. More information on EPA's analysis of Georgia's
SIP revision and how this SIP revision addresses these requirements is
provided below.
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\3\ In the July 2, 2020, SIP revision, GA EPD submitted a
certification that existing SIP-approved Georgia rules satisfy the
permit program requirements found in section 172(c)(5) and section
173 of the CAA. GA EPD also provided a written commitment to take
action to meet the emissions statement requirement located in
section 182(a)(3)(B) of the CAA. EPA will take action on these SIP
revisions in separate rulemakings.
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III. Analysis of State's Submittal
As discussed above, section 182(a)(1) of the CAA requires areas to
submit a comprehensive, accurate, and current inventory of actual
emissions from all sources of the relevant pollutant or pollutants in
each ozone nonattainment area. The section 182(a)(1) base year
inventory is defined in the SIP Requirements Rule as ``a comprehensive,
accurate, current inventory of actual emissions from sources of VOC and
NOX emitted within the boundaries of the nonattainment area
as required by CAA section 182(a)(1).'' See 40 CFR 51.1300(p). The
inventory year must be selected consistent with the baseline year for
the RFP plan as required by 40 CFR 51.1310(b),\4\ and the inventory
must include actual ozone season day emissions as defined in 40 CFR
51.1300(q) \5\ and contain data elements consistent with the detail
required by 40 CFR part 51, subpart A. See 40 CFR 51.1315(a), (c), (e).
In addition, the point source emissions included in the inventory must
be reported according to the point source emissions thresholds of the
Air Emissions Reporting Requirements (AERR) in 40 CFR part 51, subpart
A.
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\4\ 40 CFR 51.1310(b) states that ``at the time of designation
for the ozone NAAQS the baseline emissions inventory shall be the
emissions inventory for the most recent calendar year for which a
complete triennial inventory is required to be submitted to EPA
under the provisions of subpart A of this part. States may use an
alternative baseline emissions inventory provided that the year
selected corresponds with the year of the effective date of
designation as nonattainment for that NAAQS. All states associated
with a multi-state nonattainment area must consult and agree on
using the alternative baseline year. The emissions values included
in the inventory required by this section shall be actual ozone
season day emissions.'' For additional information, please see the
guidance document titled ``Emissions Inventory Guidance for
Implementation of Ozone and Particulate Matter National Ambient Air
Quality Standards (NAAQS) and Regional Haze Regulations,'' EPA-454/
B-17- 003, July 2017, available at: https://www.epa.gov/air-emissions-inventories/air-emissions-inventory-guidance-implementation-ozone-and-particulate.
\5\ ``Ozone season day emissions'' is defined as ``an average
day's emissions for a typical ozone season work weekday. The state
shall select, subject to EPA approval, the particular month(s) in
the ozone season and the day(s) in the work week to be represented,
considering the conditions assumed in the development of RFP plans
and/or emissions budgets for transportation conformity.'' See 40 CFR
51.1300(q).
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Georgia selected 2014 as the base year for the emissions inventory,
which is the year corresponding with the first triennial inventory
under 40 CFR part 51, subpart A. This base year is one of the three
years of ambient data used to designate the Atlanta Area as a
nonattainment area and therefore represents emissions associated with
nonattainment conditions. The emissions inventory is based on data
developed and submitted by GA EPD to EPA's 2014 Emission Inventory
(NEI), and it contains data elements consistent with the requirements
of 40 CFR part 51, subpart A.\6\
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\6\ Data downloaded from the EPA Emissions Inventory System
(EIS) from the 2014 NEI was subjected to quality assurance
procedures described under quality assurance details under 2014 NEI
Version 1 located at https://www.epa.gov/air-emissions-inventories/2014-national-emissions-inventory-nei-data. The quality assurance
and quality control procedures and measures associated with this
data are outlined in the State's Emission Inventory Quality
Assurance Project Plan. The 2017 GA EI QAPP can be found at https://epd.georgia.gov/document/document/appendix-e-georgia-quality-assurance-project-plan-document/download.
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Georgia's emissions inventory for the Atlanta Area provides 2014
typical average summer day emissions for NOX and VOCs for
the following general source categories: Point sources, MAR (marine
vessels, aircraft and rail) sources, nonpoint sources, on-road mobile
sources, non-road mobile sources, fire events, and biogenic sources.
The summer day emissions were calculated as the average of emissions
during weekdays in July 2014. A detailed discussion of the inventory
development is located on pages 1 through 6 of the documents in the
July 2, 2020 submission entitled ``Atlanta Nonattainment Area Emissions
Inventory for the 2015 8-Hour Ozone NAAQS'' (Inventory Document) in the
State's July 2, 2020 submittal. The table below provides a summary of
the emissions inventory.
Table 1--2014 Emissions for the Atlanta Area \7\
[Tons per summer day]
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Point Marine vessels, Nonpoint On-road Non-road
-------------------- aircraft, and rail -----------------------------------------------------------
County --------------------
NOX VOC NOX VOC NOX VOC NOX VOC NOX VOC
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Bartow.............................................. 17.01 1.07 0.84 0.06 0.14 3.61 11.03 3.51 1.30 1.29
Clayton............................................. 0.28 0.59 13.27 1.85 0.15 6.69 8.39 3.63 2.45 1.26
Cobb................................................ 2.05 1.35 2.73 0.73 0.59 18.14 26.23 11.87 7.24 9.30
Dekalb.............................................. 0.33 3.43 0.75 0.08 0.53 18.41 25.84 10.46 6.27 8.06
Fulton.............................................. 1.17 0.69 2.49 0.16 1.23 25.76 42.83 19.54 10.74 9.04
Gwinnett............................................ 0.00 0.21 0.64 0.05 0.58 21.77 24.18 11.54 10.58 11.04
Henry............................................... 4.37 1.18 0.82 0.04 0.13 4.66 4.35 2.40 2.38 1.46
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Total........................................... 25.21 8.52 21.54 2.97 3.35 99.04 142.85 62.95 40.96 41.45
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The emissions reported for the Atlanta Area reflect the emissions
within the seven counties comprising the nonattainment area. The
inventory contains point source emissions data for the facilities
located within the Area. More detail on the emissions for individual
source categories is provided below and in Appendix A of Georgia's July
2, 2020 submittal.
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\7\ For the purpose of Table 1--2014 Emissions for the Atlanta
Area, EPA rounded to the nearest hundredth of a ton per summer day.
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Point sources are large, stationary, identifiable sources of
emissions that release pollutants into the atmosphere. The Electric
Generating Units (EGU) point source emissions inventory was developed
from facility-specific emissions data. NOX emissions were
calculated using continuous emissions monitoring system data which
included hourly measurements. For VOC emissions, GA EPD used facility-
specific emissions data reported to the 2014 NEI from sources that are
required to submit inventory data according to the AERR. The non-EGU
point source emissions inventory for the Atlanta Area was
[[Page 67411]]
developed from non-EGU facility-specific data reported to the 2014 NEI
from sources that are required to submit inventory data according to
the AERR. The point source emissions data meets the point source
emissions requirements of 40 CFR part 51, subpart A. A detailed account
of the non-EGU point sources can be found on pages 4 through 6 of the
emissions inventory document in Georgia's submittal.
MAR sources are marine, aircraft, and rail sources of emissions
separated from the point and nonpoint source categories. Emissions for
these sources were obtained from the 2014 NEI. A detailed account of
the MAR sources can be found on pages 2 and 5-6 of the emissions
inventory document in Georgia's submittal.
Nonpoint sources are small stationary sources of emissions which,
due to their large number, collectively have significant emissions
(e.g., dry cleaners, service stations). Emissions for these sources
were obtained from the 2014 NEI. A detailed account of the nonpoint
sources can be found on page 2 of the emissions inventory document in
Georgia's submittal.
On-road mobile sources include vehicles used on roads for
transportation of passengers or freight. Georgia developed its on-road
emissions inventory using EPA's Motor Vehicle Emission Simulator
(MOVES) model for each ozone nonattainment county.\8\ County level on-
road modeling was conducted using county-specific vehicle population
and other local data. A detailed account of the on-road sources can be
found in Appendix A and page 2 through 3 of the emissions inventory
document in Georgia's submittal.
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\8\ Georgia used MOVES version 2014a because this was the latest
version available at the time that the State submitted its SIP
revision.
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Non-road mobile sources include vehicles, engines, and equipment
used for construction, agriculture, recreation and other purposes that
do not use the roadways (e.g., lawn mowers, construction equipment,
railroad locomotives and aircraft). Georgia obtained emissions for the
non-road mobile sources from the 2014 NEI. Those emissions were
estimated using EPA's National Mobile Inventory Model (NMIM) with
updated NMIM County Database (NCD) files from GA EPD. A detailed
account of non-road mobile sources can be found in Appendix D of the
July 2, 2020, submittal.
Georgia also included 2014 actual emissions from fire events and
biogenic sources in its emission inventory. Wildland fires are
unplanned, unwanted wild land fires including unauthorized human-caused
fires, escaped prescribed fire projects, or other inadvertent fire
situations where the objective is to put the fire out. Prescribed fires
are any fires ignited by management actions to meet specific objectives
related to the reduction of the biomass potentially available for
wildfires. Fire event emissions were developed by GA EPD using fire
records collected from the Georgia Forestry Commission (GFC). When fire
activities were not included in the GFC database, military bases and
federal agencies (USFS and FWS) records were used. In addition, GA EPD
collected detailed burning records for the Okefenokee area which showed
burned area per day. A detailed account of fire event sources can be
found in Appendix A and on page 4 of the emissions inventory document
in the July 2, 2020, submittal.
Biogenic emission sources are emissions that come from natural
sources. GA EPD obtained biogenic emissions for 2014 from the 2014 NEI
and used the summary of county-specific daily biogenic emissions.\9\ A
detailed account of biogenic sources can be found in Appendix A and on
page 4 of the emissions inventory document in the Georgia submittal.
The table below provides a summary of the 2014 fire event \10\ and
biogenic emissions for the Atlanta Area.
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\9\ The biogenic emissions were calculated from the Biogenic
Emission Inventory System (BEIS) version 3.61 model in the Sparse
Matrix Operator Kernel Emissions model (SMOKE). These emissions were
obtained from NEI2014. The data was downloaded from the U.S. EPA's
Air Emissions Inventories website: https://www.epa.gov/air-emissions-inventories/2014-national-emissions-inventory-nei-data.
More detailed information can be found in the SMOKE manual (https://www.cmascenter.org/smoke/).
\10\ There were minimal emissions from fire events in 2014 such
that, with rounding, there were 0.00 tons of NOX and VOC
emitted per summer day. For the purpose of Table 2, EPA rounded to
the nearest hundredth of a ton per summer day.
Table 2--2014--Fire Event and Biogenic Emissions for the Atlanta Area
[Tons per summer day]
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Fire events Biogenic
County ---------------------------------------------------
NOX VOC NOX VOC
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Bartow...................................................... 0.00 0.00 0.43 67.00
Clayton..................................................... 0.00 0.00 0.14 26.68
Cobb........................................................ 0.00 0.00 0.22 46.82
Dekalb...................................................... 0.00 0.00 0.16 45.75
Fulton...................................................... 0.00 0.00 0.27 64.04
Gwinnett.................................................... 0.00 0.00 0.33 52.45
Henry....................................................... 0.00 0.00 0.30 42.98
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Total................................................... 0.00 0.00 1.85 345.72
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EPA has preliminarily determined that Georgia's emissions inventory
meets the requirements under CAA section 182(a)(1) and the SIP
Requirements Rule for the 2015 8-hour ozone NAAQS.
IV. Proposed Action
EPA is proposing to approve the SIP revision submitted by Georgia
on July 2, 2020, addressing the base year emissions inventory
requirements for the 2015 8-hour ozone NAAQS for the Atlanta Area. EPA
proposes to find that the State's submission meets the requirements of
sections 110 and 182 of the CAA.
V. Statutory and Executive Order Reviews
Under the CAA, 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 they meet the criteria of the
[[Page 67412]]
CAA. This proposed action merely proposes to approve state law as
meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
Is not a significant regulatory action 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);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is 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.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is 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
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 17, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-25526 Filed 11-24-21; 8:45 am]
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