[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Proposed Rules]
[Pages 72946-72953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25585]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0436; FRL-10401-01-R4]


Air Plan Approval; Georgia; Atlanta Area Limited Maintenance Plan 
for the 1997 8-Hour Ozone NAAQS

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 
(EPD), via a letter dated December 17, 2021. The SIP revision includes 
the 1997 8-hour ozone national ambient air quality standards (NAAQS) 
Limited Maintenance Plan (LMP) for the Atlanta, Georgia Area 
(hereinafter referred to as the Atlanta Area or Area). The Area 
consists of 20 counties in Georgia: Barrow, Bartow, Carroll, Cherokee, 
Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, 
Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding, and Walton 
County. EPA is proposing to approve the LMP for the Area because the 
LMP provides for the maintenance of the 1997 8-hour ozone NAAQS within 
the Area through the end of the second 10-year portion of the

[[Page 72947]]

maintenance period. The effect of this action would be to make certain 
commitments related to maintenance of the 1997 8-hour ozone NAAQS in 
the Area federally enforceable as part of the Georgia SIP.

DATES: Comments must be received on or before December 28, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0436 at https://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 https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sarah LaRocca, 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) 562-8994. Ms. LaRocca can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Summary of EPA's Proposed Action
II. Background
III. Georgia's SIP Submittal
IV. EPA's Evaluation of Georgia's SIP Submittal
    A. Attainment Emissions Inventory
    B. Maintenance Demonstration
    C. Monitoring Network and Verification of Continued Attainment
    D. Contingency Plan
    E. Conclusion
V. Transportation Conformity and General Conformity
VI. Proposed Action
VII. Statutory and Executive Order Reviews

I. Summary of EPA's Proposed Action

    In accordance with the Clean Air Act (CAA or Act), EPA is proposing 
to approve the Atlanta Area LMP for the 1997 8-hour ozone NAAQS that 
was submitted by Georgia EPD as a revision to the Georgia SIP on 
December 17, 2021. On April 15, 2004, the EPA Administrator signed a 
final rule announcing designations under the 8-hour ozone NAAQS. That 
action included the designation of the Atlanta Area as nonattainment 
for the 1997 8-hour ozone NAAQS. It was published April 30, 2004 and 
became effective June 15, 2004. See 69 FR 23857 (April 30, 2004). 
Subsequently, EPA approved a maintenance plan and redesignated the 
Atlanta Area attainment for the 1997 8-hour Ozone NAAQS. See 78 FR 
72040 (December 2, 2013).
    The Area LMP submitted by Georgia EPD on December 17, 2021, is 
designed to maintain the 1997 8-hour ozone NAAQS within the Atlanta 
Area through the end of the second 10-year portion of the maintenance 
period beyond redesignation. EPA is proposing to approve the LMP 
because it meets all applicable requirements under CAA sections 110 and 
175A.
    As a general matter, the Atlanta Area LMP builds upon controls and 
contingency provisions to maintain the 1997 8-hour ozone NAAQS during 
the second 10-year portion of the Area's maintenance period as the 
maintenance plan submitted by Georgia EPD for the first 10-year period.

II. Background

    Ground-level ozone is formed when oxides of nitrogen 
(NOX) and volatile organic compounds (VOC) react in the 
presence of sunlight. These two pollutants, referred to as ozone 
precursors, are emitted by many types of pollution sources, including 
on- and off-road motor vehicles and engines, power plants and 
industrial facilities, and smaller area sources such as lawn and garden 
equipment and paints. Scientific evidence indicates that adverse public 
health effects occur following exposure to ozone, particularly in 
children and in adults with lung disease. Breathing air containing 
ozone can reduce lung function and inflame airways, which can increase 
respiratory symptoms and aggravate asthma and other lung diseases.
    Ozone exposure also has been associated with increased 
susceptibility to respiratory infections, medication use, doctor 
visits, and emergency department visits and hospital admissions for 
individuals with lung disease. Children are at increased risk from 
exposure to ozone because their lungs are still developing and they are 
more likely to be active outdoors, which increases their exposure.\1\
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    \1\ See ``Fact Sheet, Proposal to Revise the National Ambient 
Air Quality Standards for Ozone,'' January 6, 2010, and 75 FR 2938 
(January 19, 2010).
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    In 1979, under section 109 of the CAA, EPA established primary and 
secondary NAAQS for ozone at 0.12 parts per million (ppm), averaged 
over a 1-hour period. See 44 FR 8202 (February 8, 1979). On July 18, 
1997, EPA revised the primary and secondary NAAQS for ozone to set the 
acceptable level of ozone in the ambient air at 0.08 ppm, averaged over 
an 8-hour period. See 62 FR 38856 (July 18, 1997).\2\ EPA set the 8-
hour ozone NAAQS based on scientific evidence demonstrating that ozone 
causes adverse health effects at lower concentrations and over longer 
periods of time than was understood when the pre-existing 1-hour ozone 
NAAQS was set. EPA determined that the 8-hour ozone NAAQS would be more 
protective of human health, especially for children and adults who are 
active outdoors, and individuals with a pre-existing respiratory 
disease, such as asthma.
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    \2\ In March 2008, EPA completed another review of the primary 
and secondary ozone NAAQS and tightened them further by lowering the 
level for both to 0.075 ppm. See 73 FR 16436 (March 27, 2008). 
Additionally, in October 2015, EPA completed a review of the primary 
and secondary ozone NAAQS and tightened them by lowering the level 
for both to 0.070 ppm. See 80 FR 65292 (October 26, 2015).
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    Following promulgation of a new or revised NAAQS, EPA is required 
by the CAA to designate areas throughout the nation as attaining or not 
attaining the NAAQS. Effective June 15, 2004, EPA designated the 
Atlanta Area as nonattainment for the 1997 8-hour ozone NAAQS. See 69 
FR 23858 (April 30, 2004). Similarly, on May 21, 2012, EPA designated 
areas as unclassifiable/attainment or nonattainment for the 2008 8-hour 
ozone NAAQS. Fifteen metro Atlanta counties were designated 
nonattainment for the 2008 ozone NAAQS: Bartow, Cherokee, Clayton, 
Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, 
Henry, Newton, Paulding, and Rockdale. See 77 FR 30088 (May 21, 2012). 
EPA designated five other metro Atlanta counties as unclassifiable/
attainment for the 2008 8-hour ozone NAAQS: Barrow, Carroll, Hall, 
Spalding, and Walton. These designations became effective on July 20, 
2012. In addition, on June 4, 2018, EPA designated areas for the 2015 
8-hour ozone NAAQS. Effective August 3, 2018, seven metro Atlanta 
counties were designated as nonattainment for the 2015 8-hour ozone 
NAAQS: Bartow,

[[Page 72948]]

Clayton, Cobb, DeKalb, Fulton, Gwinnett and Henry. See 83 FR 25776 
(June 4, 2018) and 40 CFR 81.311.
    A state may submit a request that EPA redesignate a nonattainment 
area that is attaining a NAAQS, and, if the area has met other required 
criteria described in section 107(d)(3)(E) of the CAA, EPA may approve 
the area's redesignation to attainment.\3\ One of the criteria for 
redesignation is to have an approved maintenance plan under CAA section 
175A. The maintenance plan must demonstrate that the area will continue 
to maintain the NAAQS for the period extending 10 years after 
redesignation, and it must contain such additional measures as 
necessary to ensure maintenance and such contingency provisions as 
necessary to assure that violations of the NAAQS will be promptly 
corrected. Eight years after the effective date of redesignation, the 
state must also submit a second maintenance plan to ensure ongoing 
maintenance of the NAAQS for an additional ten years pursuant to CAA 
section 175A(b) (i.e., ensuring maintenance for 20 years after 
redesignation).
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    \3\ Section 107(d)(3)(E) of the CAA sets out the requirements 
for redesignating a nonattainment area to attainment. They include 
attainment of the NAAQS, full approval of the applicable SIP 
pursuant to CAA section 110(k), determination that improvement in 
air quality is a result of permanent and enforceable reductions in 
emissions, demonstration that the state has met all applicable 
section 110 and part D requirements, and a fully approved 
maintenance plan under CAA section 175A.
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    EPA has published long-standing guidance for states on developing 
maintenance plans, beginning with a 1992 memo referred to as the 
Calcagni memo.\4\ The Calcagni memo provides that states may generally 
demonstrate maintenance by either performing air quality modeling to 
show that the future mix of sources and emission rates will not cause a 
violation of the NAAQS or by showing that projected future emissions of 
a pollutant and its precursors will not exceed the level of emissions 
generated during a year when the area was attaining the NAAQS (i.e., 
attainment year inventory). See Calcagni memo at page 9. EPA clarified 
in three subsequent guidance memos that certain areas could meet the 
CAA section 175A requirement to provide for maintenance by showing that 
the area was unlikely to violate the NAAQS in the future, using 
information such as the area's design value \5\ being well below the 
standard and the area having a historically stable design value.\6\ EPA 
refers to a maintenance plan containing this streamlined demonstration 
as an LMP.
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    \4\ See John Calcagni, Director, Air Quality Management 
Division, EPA Office of Air Quality Planning and Standards, 
``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' September 4, 1992 (Calcagni memo, available at https://www.epa.gov/ground-level-ozone-pollution/procedures-processing-requests-redesignate-areas-attainment).
    \5\ The ozone design value for a monitoring site is the 3-year 
average of the annual fourth-highest daily maximum 8-hour average 
ozone concentrations. The design value for an ozone area is the 
highest design value of any monitoring site in the area.
    \6\ See ``Limited Maintenance Plan Option for Nonclassifiable 
Ozone Nonattainment Areas'' from Sally L. Shaver, Office of Air 
Quality Planning and Standards (OAQPS), dated November 16, 1994; 
``Limited Maintenance Plan Option for Nonclassifiable CO 
Nonattainment Areas'' from Joseph Paisie, OAQPS, dated October 6, 
1995; and ``Limited Maintenance Plan Option for Moderate 
PM10 Nonattainment Areas'' from Lydia Wegman, OAQPS, 
dated August 9, 2001. Copies of these guidance memoranda can be 
found in the docket for this proposed rulemaking.
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    EPA has interpreted CAA section 175A as permitting the LMP option 
because section 175A of the Act does not define how areas may 
demonstrate maintenance, and in EPA's experience implementing the 
various NAAQS, areas that qualify for an LMP and have approved LMPs 
have rarely, if ever, experienced subsequent violations of the NAAQS. 
As noted in the LMP guidance memoranda, states seeking an LMP must 
still submit the other maintenance plan elements outlined in the 
Calcagni memo, including: an attainment emissions inventory, provisions 
for the continued operation of the ambient air quality monitoring 
network, verification of continued attainment, and a contingency plan 
in the event of a future violation of the NAAQS. Moreover, a state 
seeking an LMP must still submit its section 175A maintenance plan as a 
revision to its SIP, with all attendant notice and comment procedures. 
While the LMP guidance memoranda were originally written with respect 
to certain NAAQS,\7\ EPA has extended the LMP interpretation of section 
175A to other NAAQS and pollutants not specifically covered by the 
previous guidance memos. See, e.g., 79 FR 41900 (July 18, 2014) 
(approval of the second ten-year LMP for the Grant County 1971 
SO2 maintenance area).
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    \7\ The prior memos addressed: unclassifiable areas under the 1-
hour ozone NAAQS, nonattainment areas for the PM10 
(particulate matter with an aerodynamic diameter less than 10 
microns) NAAQS, and nonattainment for the carbon monoxide (CO) 
NAAQS.
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    In this case, EPA is proposing to approve the Area's LMP for the 
1997 8-hour ozone NAAQS because the State has made a showing, 
consistent with EPA's prior LMP guidance, that the Area's ozone 
concentrations are well below the 1997 8-hour ozone NAAQS and have been 
historically stable, and that it has met the other maintenance plan 
requirements. Georgia EPD has submitted the LMP for the Atlanta Area to 
fulfill the second maintenance plan requirement in the Act. EPA's 
evaluation of the Area's LMP for the 1997 8-hour ozone NAAQS is 
presented below.
    On April 4, 2012, Georgia EPD submitted to EPA a request to 
redesignate the Atlanta Area to attainment for the 1997 8-hour ozone 
NAAQS. This submittal included a plan to provide for maintenance of the 
1997 8-hour ozone NAAQS in the Atlanta Area through 2024 as a revision 
to the Georgia SIP. EPA approved the Atlanta Area Maintenance Plan and 
the State's request to redesignate the Atlanta Area to attainment for 
the 1997 8-hour ozone NAAQS effective January 2, 2014. See 78 FR 72040 
(December 2, 2013).
    Under CAA section 175A(b), states must submit a revision to the 
first maintenance plan eight years after redesignation to provide for 
maintenance of the NAAQS for ten additional years following the end of 
the first 10-year period. EPA's final implementation rule for the 2008 
8-hour ozone NAAQS revoked the 1997 8-hour ozone NAAQS and stated that 
one consequence of revocation was that areas that had been redesignated 
to attainment (i.e., maintenance areas) for the 1997 NAAQS no longer 
needed to submit second 10-year maintenance plans under CAA section 
175A(b). See 80 FR 12315 (March 6, 2015). On June 2, 2017, EPA 
redesignated 15 counties in metro Atlanta as attainment for the 2008 8-
hour ozone NAAQS.\8\ See 82 FR 25523 (June 2, 2017).
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    \8\ The 15-county metro Atlanta region identified for the 2008 
8-hour ozone NAAQS is comprised of Bartow, Cherokee, Clayton, Cobb, 
Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, 
Newton, Paulding, and Rockdale counties in Georgia.
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    In South Coast Air Quality Management District v. EPA, the United 
States Court of Appeals for the District of Columbia Circuit (D.C. 
Circuit) vacated EPA's interpretation that, because of the revocation 
of the 1997 8-hour ozone NAAQS, second maintenance plans were not 
required for ``orphan maintenance areas,'' i.e., areas that had been 
redesignated to attainment for the 1997 8-hour ozone NAAQS maintenance 
areas and were designated attainment for the 2008 ozone NAAQS. South 
Coast, 882 F.3d 1138 (D.C. Cir. 2018). Thus, states with these ``orphan 
maintenance areas'' under the 1997 8-hour ozone NAAQS must submit 
maintenance plans for the second maintenance period. Accordingly, on 
December 17, 2021,

[[Page 72949]]

Georgia submitted a second maintenance plan for the Atlanta Area that 
shows that the Area is expected to remain in attainment of the 1997 8-
hour ozone NAAQS through January 2, 2034.
    In recognition of the continuing record of air quality monitoring 
data showing ambient 8-hour ozone concentrations in the Area are below 
the 1997 8-hour ozone NAAQS, Georgia EPD chose the LMP option for the 
development of the Area's second 1997 8-hour ozone NAAQS maintenance 
plan. On December 17, 2021, Georgia EPD submitted the second 10-year 
1997 8-hour ozone maintenance plan to EPA as a revision to the Georgia 
SIP.

III. Georgia's SIP Submittal

    Georgia's December 17, 2021, submittal includes the LMP, air 
quality data, emissions inventory information, and an appendix. The 
submission also includes comments and responses between EPA and Georgia 
EPD and documentation of notice, hearing, and public participation 
prior to submission of the plan by Georgia EPD on December 17, 2021. It 
also includes an explanation that Georgia's LMP submittal for the 
remainder of the 20-year maintenance period for the Atlanta Area is in 
response to the D.C. Circuit Court's decision overturning aspects of 
EPA's Implementation Plan rule. In addition, the LMP went through 
interagency consultation to ensure transportation conformity.
    The Atlanta LMP for the 1997 8-Hour ozone NAAQS includes same or 
similar emission reduction strategies as the first 10-year Maintenance 
Plan, as well as additional emissions reduction measures to provide for 
the maintenance of the 1997 8-hour ozone NAAQS through January 2, 2034. 
Specifically, the measures upon which the second 10-year LMP for the 
Area rely include the following SIP-approved Georgia Rules: 391-3-
1-.02(2)(yy)--Emissions of Nitrogen Oxides from Major Sources; 391-3-
1-.02(2)(jjj)--NOX Emissions from Electric Utility Steam 
Generating Units; 391-3-1-.02(2)(lll)--NOX Emissions from 
Fuel-Burning Equipment; 391-3-1-.02(2)(rrr)--NOX from Small 
Fuel-Burning Equipment; 391-3-20--Vehicle Emissions Inspection and 
Maintenance Program; and 391-3-1-.02(12)--Cross-State Air Pollution 
Rule (CSAPR) NOX Annual Trading Program. The Area's LMP also 
relies on continued implementation of Federal measures (e.g., Onboard 
Refueling Vapor Recovery for Light Duty Vehicles; Architectural and 
Industrial Maintenance Coatings; Automobile Refinishing; National 
Emission Standards for Hazardous Air Pollutants (the majority of which 
are for VOC); Phase II Acid Rain Program for NOX; Tier 2 
Motor Vehicle Emissions Standards and Gasoline Sulfur Control 
Requirements (65 FR 6697); Tier 3 Motor Vehicle Emissions Standards and 
Gasoline Sulfur Control Requirements (79 FR 23414); and CSAPR).

IV. EPA's Evaluation of Georgia's SIP Submittal

    EPA has reviewed the Area's LMP which is designed to maintain the 
1997 8-hour ozone NAAQS within the Area through the end of the 20-year 
period beyond redesignation, as required under CAA section 175A(b). The 
following is a summary of EPA's interpretation of the section 175A 
requirements \9\ and EPA's evaluation of how each requirement is met.
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    \9\ See Calcagni memo, pages 7-13.
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A. Attainment Emissions Inventory

    For maintenance plans, a state should develop a comprehensive, 
accurate inventory of actual emissions for an attainment year to 
identify the level of emissions which is sufficient to maintain the 
NAAQS. A state should develop this inventory consistent with EPA's most 
recent guidance on emissions inventory development. For ozone, the 
inventory should be based on typical summer day emissions of VOC and 
NOX, as these pollutants are precursors to ozone formation. 
The Atlanta LMP includes an ozone attainment inventory for the Area 
generated from the data EPA made available from the 2014 National 
Emissions Inventory (NEI) and that Georgia represents as 2014 summer 
tons.\10\ Table 1 presents a summary of the inventory for 2014 
contained in the LMP.
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    \10\ Georgia defines summer tons as the total cumulative 
emissions from May through September.
    \11\ The totals represented in the table may be slightly 
different than the inventories in the LMP based on rounding 
convention.

   Table 1--2014 NOX and VOC Emissions by Sector (Summer Tons) in the
                              Atlanta Area
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                                                             2014
                       Sector                        -------------------
                                                         NOX       VOC
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Fire................................................         1         4
Nonpoint............................................     3,228    22,991
Nonroad.............................................     6,502     8,478
Onroad..............................................    27,684    13,868
Point...............................................     7,189     2,582
                                                     -------------------
  Total \11\........................................    44,604    47,923
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    The Emissions Inventory section of the LMP for the Atlanta Area 
describes the methods, models, and assumptions used to develop the 
attainment inventory. These estimates were derived from emission values 
provided by EPA for use in developing maintenance plans for the 1997 8-
hour ozone NAAQS.\12\ For the Atlanta Area, Georgia EPD used the 
emissions summaries generated by EPA from the 2014 NEI, version 2 
(2014NEIv2).\13\
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    \12\ U.S. EPA, ``1997 Ozone NAAQS Air Quality Monitoring and 
Modeling Data'' downloaded from https://www.epa.gov/sites/production/files/2018-11/ozone_1997_naaqs_air_qual_monitoring_and_modeling_data_nov_19_2018_1.xlsx, accessed April 2020.
    \13\ U.S. EPA, ``Air Emissions Modeling, 2014 Version 7.1 
Platform,'' is available from https://www.epa.gov/air-emissions-modeling/2014-version-71-platform, accessed April 2020 (note that 
the version 7 platform, which included 2028 projections is not 
available on EPA's website).
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    Based on review of the methods, models, and assumptions used by 
Georgia EPD to develop the VOC and NOX estimates, EPA 
proposes to find that the Area's LMP includes a comprehensive, 
reasonably accurate inventory of actual ozone precursor emissions in 
attainment year 2014, and proposes to conclude that the plan's 
inventories are acceptable for the purposes of a subsequent maintenance 
plan under CAA section 175A(b).

B. Maintenance Demonstration

    The maintenance demonstration requirement is considered to be 
satisfied in an LMP if the state can provide sufficient weight of 
evidence indicating that air quality in the area is well below the 
level of the NAAQS, that past air quality trends have been shown to be 
stable, and that the probability of the area experiencing a violation 
over the second 10-year maintenance period is low.\14\ These criteria 
are evaluated below with regard to the Atlanta Area.
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    \14\ See footnote 6.
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1. Evaluation of Ozone Air Quality Levels
    To attain the 1997 8-hour ozone NAAQS, the three-year average of 
the fourth-highest daily maximum 8-hour average ozone concentrations 
(design value) at each monitor within an area must not exceed 0.08 ppm. 
Based on the rounding convention described in 40 CFR part 50, appendix 
I, the NAAQS is attained if the design value is 0.084 ppm (84 parts per 
billion or ``ppb'') \15\ or below. EPA has evaluated the quality 
assured and certified 2018-2020

[[Page 72950]]

monitoring data (which was the most recent quality assured and 
certified data at the time of submission) and determined that the 2018-
2020 design value for the Area is 70 ppb, or 83 percent of the level of 
the 1997 8-hour ozone NAAQS. In addition, EPA evaluated the quality 
assured and certified 2019-2021 monitoring data (which is the most 
recent quality assured and certified monitoring data) and determined 
that the 2019-2021 design value for the Area is 68 ppb, or 81 percent 
of the level of the 1997 8-hour ozone NAAQS. Consistent with prior 
guidance, EPA believes that if the most recent air quality design value 
for the area is at a level that is well below the NAAQS (e.g., below 85 
percent of the NAAQS, or in this case below 71 ppb), then EPA considers 
the state to have met the section 175A requirement for a demonstration 
that the area will maintain the NAAQS for the requisite period. Such a 
demonstration assumes continued applicability of prevention of 
significant deterioration requirements and any control measures already 
in the SIP, and that Federal measures will remain in place through the 
end of the second 10-year maintenance period, absent a showing 
consistent with section 110(l) that such measures are not necessary to 
assure maintenance.
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    \15\ EPA set the 1997 8-hour ozone NAAQS in ppm. To convert ppm 
to ppb the decimal is moved three places to the right (i.e., 0.084 
ppm is equal to 84 ppb). Georgia EPD provided the values in ppb for 
easy reference.
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    Table 2 presents the design values for each monitor in the Atlanta 
Area over the 2009-2021 period.\16\ As shown in Table 2, all sites have 
been below the level of the 1997 8-hour ozone NAAQS since the 2008-2010 
design value, and the most current design value for each monitoring 
site is below 85 percent of the NAAQS, consistent with prior LMP 
guidance.
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    \16\ Georgia EPD provided monitoring data for years 2009 through 
2020. The values can be found on Page 12 of the submittal. The 
monitoring data shows the general downward trend in design values at 
the monitoring sites.

                                   Table 2--1997 8-Hour Ozone NAAQS Design Values (ppb) at Monitoring Sites in the Atlanta Area for the 2009-2021 Time Period
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                                                                                           2007-   2008-   2009-   2010-   2011-   2012-   2013-   2014-   2015-   2016-   2017-   2018-   2019-
                   Location                               County             AQS site ID   2009    2010    2011    2012    2013    2014    2015    2016    2017    2018    2019    2020    2021
                                                                                            DV      DV      DV      DV      DV      DV      DV      DV      DV      DV      DV      DV      DV
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Kennesaw.....................................  Cobb.......................   13-067-0003      80      76      78      77      73       I       I       I      67      66      65      62      61
Newnan (Discontinued)........................  Coweta.....................   13-077-0002      77      68      67      66      62      60      62      66      63       D       D       D       D
Dawsonville..................................  Dawson.....................   13-085-0001      73      71      68      67      64      64      64      65      65      65      64      61      60
South DeKalb.................................  DeKalb.....................   13-089-0002      86      79      77      80      75      72      67      71      71      69      69      67      67
Douglasville.................................  Douglas....................   13-097-0004      79      75      74      75      71      67      66      68      69      67      67      64      66
United Avenue................................  Fulton.....................   13-121-0055      86      80      80      83      80      76      73      75      75      73      73      70      68
Gwinnett.....................................  Gwinnett...................   13-135-0002      81      74      75      78      77      72      69      72      71      69      66      66      66
McDonough....................................  Henry......................   13-151-0002      87      79      78      82      80      77      71      74      71      70      69      67      66
Yorkville (Discontinued).....................  Polk.......................   13-223-0003      74      70      71      72      69      64      62      63       D       D       D       D       D
Georgia Station CASTNET......................  Pike.......................   13-231-9991      ND      ND      ND      ND      72      69      66      68      67       I       I       I      61
Conyers......................................  Rockdale...................   13-247-0001      85      78      75      79      77      77      72      74      69      70      68      67      65
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I: Indicates that a monitor did not collect a valid three-year design value due to incomplete data.
D: Indicates that a monitor was approved by EPA to discontinue operation in the Georgia ambient air monitoring network plan.
ND: Prior to 2011, CASTNET sites did not provide regulatory ozone data for comparisons to the NAAQS. Starting in 2011, CASTNET sites were upgraded to meet all requirements of 40 CFR part 58
  and provide ozone data for NAAQS comparisons.
The bolded numbers are the design values for the Atlanta Area for the three-year time periods.

    Therefore, the Atlanta Area is eligible for the LMP option, and EPA 
proposes to find that the long record of monitored ozone concentrations 
that attain the NAAQS, together with the continuation of existing VOC 
and NOX emissions control programs, adequately provide for 
the maintenance of the 1997 8-hour ozone NAAQS in the Area through the 
second 10-year maintenance period and beyond.
2. Stability of Ozone Levels
    As discussed above, the Atlanta Area has maintained air quality 
below the 1997 8-hour ozone NAAQS over the past twelve design values. 
Additionally, the design value data shown within Table 2 of this 
document illustrates that ozone levels have been relatively stable over 
this timeframe, with an overall downward trend. For example, the data 
within Table 2 of this document indicates that the largest, year over 
year change in design value presented was 8 ppb for the Atlanta Area, 
which occurred between the 2009 design value and 2010 design value at 
monitor 13-151-0002 (McDonough), representing approximately a 9 percent 
decrease.
    Furthermore, overall trend in design values for the Area between 
2009-2021 indicates decreases in the monitored ozone concentrations. 
See, e.g., Table 2, of this document. The Atlanta Area monitor that 
most frequently measured the highest design value in the area, monitor 
13-121-0055 (United Avenue), displayed a decreasing trend over this 
period from 86 ppb to 68 ppb, a 21 percent decrease.
    The downward trend in ozone levels, coupled with the relatively 
small, year-over-year variation in ozone design values, makes it 
reasonable to conclude that the Atlanta Area will not exceed the 1997 
8-hour ozone NAAQS during the second 10-year maintenance period.
3. Projected Emissions
    Although under the LMP option there is no requirement to project 
emissions over the maintenance period, Georgia EPD provided VOC and 
NOX emissions for 2014 and 2028. The year 2014 was selected 
as a baseline for the projection.\17\ Projected emissions data for the 
year 2028 were obtained from EPA, and Georgia presented an inventory 
that reflects projected NOX and VOC summer tons for the 
Area.18 19
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    \17\ See https://www.epa.gov/sites/default/files/2018-11/documents/ozone_1997_naaqs_lmp_resource_document_nov_20_2018.pdf.
    \18\ See https://www.epa.gov/air-emissions-modeling/2014-2016-version-7-air-emissions-modeling-platforms. EPA's emissions 
projections to 2028 were made from the 2011 NEI, as that iteration 
of the NEI was the most recently available version when the 
projection work was performed. Although this projection does not 
correspond exactly with the end of the second ten-year maintenance 
period, it provides additional support for EPA's proposed finding 
that the Area will maintain the NAAQS due to its low and 
historically stable design values. See the Emissions Inventory 
section of the LMP for additional information regarding the 2028 
projections.
    \19\ Georgia defines summer tons as the total cumulative 
emissions from May through September.
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    The emissions projection shows that between 2014 and 2028, total 
VOC emissions are estimated to fall by 27 percent in the Atlanta Area. 
The emissions projection trends show that between 2014 and 2028, total 
NOX emissions are estimated to fall by 58 percent in the 
Atlanta Area. These

[[Page 72951]]

projected declining emissions trends further support the proposed 
conclusion that it is unlikely that the Areas would violate the 1997 8-
hour ozone NAAQS in the future. Table 3 presents a summary of projected 
emissions for 2028 contained in the maintenance plan.\20\
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    \20\ The inventory documentation for this platform can be found 
here: https://www.epa.gov/air-emissions-modeling/2011-version-63-platform.

Table 3--Projected 2028 NOX and VOC Emissions by Sector (Summer Tons) in
                            the Atlanta Area
------------------------------------------------------------------------
                                                             2028
                       Sector                        -------------------
                                                         NOX       VOC
------------------------------------------------------------------------
Fire................................................         6        15
Nonpoint............................................     2,554    20,552
Nonroad.............................................     4,131     7,098
Onroad..............................................     7,995     4,982
Point...............................................     4,221     2,156
                                                     -------------------
  Total \21\........................................    18,907    34,803
------------------------------------------------------------------------

C. Monitoring Network and Verification of Continued Attainment
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    \21\ The totals represented in the table may be slightly 
different than the inventories in the LMP based on rounding 
convention.
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    EPA periodically reviews the ozone monitoring network that Georgia 
EPD operates and maintains in accordance with 40 CFR part 58. Georgia 
EPD submits an annual ambient air monitoring network plan to EPA after 
the plan is made available for public inspection and comment, as 
required by 40 CFR 58.10. EPA has reviewed and approved the 2021 
Georgia Ambient Air Monitoring Network Plan (``2021 Annual Network 
Plan''), which includes an ozone network for the Atlanta Area that 
meets the requirements of 40 CFR part 58.\22\
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    \22\ The letter approving the network plan is in the docket for 
this proposed rulemaking.
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    To verify the attainment status of the Area over the maintenance 
period, the maintenance plan should contain provisions for continued 
operation of an appropriate, EPA-approved monitoring network in 
accordance with 40 CFR part 58. As noted above, Georgia EPD's 
monitoring network in the Area has been approved by EPA in accordance 
with 40 CFR part 58, and the State has committed to continue to 
maintain a network in accordance with EPA requirements. EPA proposes to 
find that Georgia EPD's monitoring network is adequate to verify 
continued attainment of the 1997 8-hour ozone NAAQS in the Area.

D. Contingency Plan

    Section 175A(d) of the CAA requires that a maintenance plan include 
contingency provisions. The purpose of such contingency provisions is 
to prevent future violations of the NAAQS or to promptly remedy any 
NAAQS violations that might occur during the maintenance period.
    The Atlanta Area LMP contingency plan includes tracking and 
triggering mechanisms to determine when control measures are needed, 
and a process for developing and adopting appropriate control measures. 
There are two potential triggers for the contingency plan. The Tier I 
trigger will be any 8-hour ozone monitoring reading exceeding 84 ppb at 
an ambient monitoring station located in the Atlanta Area or periodic 
emissions inventory updates \23\ that reveal excessive or unanticipated 
growth greater than 10 percent in either NOX or VOC 
emissions over the attainment inventory for the Atlanta Area. The Tier 
II trigger will be any recorded violation of the 1997 8-hour ozone 
NAAQS at any of the ambient monitoring stations in the Atlanta Area. 
Upon either the Tier I or Tier II triggers being activated, Georgia EPD 
will commence analyses to determine what additional measures, if any, 
will be necessary to attain or maintain the ozone standard. If 
activation of either trigger occurs, the plan provides a regulatory 
adoption process for revising emission control strategies. If Georgia's 
analysis determines that the Atlanta Area is the source of emissions 
that contribute to a violation, the State will evaluate those measures 
as specified in Section 172 of the CAA for control options as well as 
other available measures. Georgia will implement necessary controls as 
expeditiously as possible, and at least one contingency measure will be 
implemented within 24 months after the determination, based on quality-
assured ambient data, that a violation has occurred. The Georgia EPD 
will begin initial analysis of possible contingency measures within 6 
months of the trigger occurring.\24\
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    \23\ The Air Emissions Reporting Rule (AERR) requires state and 
local agencies to collect and submit criteria pollutant emissions 
data to EPA's Emissions Inventory System (EIS) according to the 
schedule in 40 CFR 51.30.
    \24\ See the Contingency Plan Section of the LMP for further 
information regarding the contingency plan, including measures that 
Georgia will consider for adoption if any of the triggers are 
activated.
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    EPA proposes to find that the contingency provisions in Georgia's 
second maintenance plan for the 1997 8-hour Ozone NAAQS meet the 
requirements of the CAA section 175A(d).

E. Conclusion

    EPA proposes to find that the Atlanta LMP for the 1997 8-hour ozone 
NAAQS includes an approvable update of the various elements (including 
attainment inventory, assurance of adequate monitoring and verification 
of continued attainment, and contingency provisions) of the initial 
EPA-approved Maintenance Plan for the 1997 8-hour ozone NAAQS. EPA also 
proposes to find that the Atlanta Area qualifies for the LMP option and 
adequately demonstrates maintenance of the 1997 8-hour ozone NAAQS 
through the documentation of monitoring data showing maximum 1997 8-
hour ozone levels well below the NAAQS, historically stable design 
values, and low probability that the Area will experience a violation 
over the second 10-year maintenance period. EPA believes the Atlanta 
LMP for the 1997 8-hour ozone NAAQS, which retains all existing control 
measures, is sufficient to provide for maintenance of the 1997 8-hour 
ozone NAAQS in the Area over the second maintenance period (i.e., 
through January 2, 2034), and thereby satisfies the requirements for 
such plans under CAA section 175A(b). EPA is therefore proposing to 
approve Georgia's December 17, 2021, submission of the Area's LMP for 
the 1997 8-hour ozone NAAQS as a revision to the Georgia SIP.

V. Transportation Conformity and General Conformity

    Transportation conformity is required by section 176(c) of the CAA. 
Conformity to a SIP means that transportation activities will not 
produce new air quality violations, worsen existing violations or delay 
timely attainment of the NAAQS. See CAA 176(c)(1)(A) and (B). EPA's 
transportation conformity rule at 40 CFR part 93, subpart A, requires 
that transportation plans, programs, and projects conform to SIPs, and 
that it establishes the criteria and procedures for determining whether 
they conform. The conformity rule generally requires a demonstration 
that emissions from the Regional Transportation Plan (RTP) and the 
Transportation Improvement Program (TIP) are consistent with the motor 
vehicles emissions budget (MVEB) contained in the control strategy SIP 
revision or maintenance plan. See 40 CFR 93.101, 93.118, and 93.124. A 
MVEB is defined as ``the portion of the total allowable emissions 
defined in the submitted or approved control strategy implementation 
plan revision or maintenance plan for a

[[Page 72952]]

certain date for the purpose of meeting reasonable further progress 
milestones or demonstrating attainment or maintenance of the NAAQS, for 
any criteria pollutant or its precursors, allocated to highway and 
transit vehicle use and emissions.'' See 40 CFR 93.101.
    Under the conformity rule, LMP areas may demonstrate conformity 
without a regional emissions analysis. See 40 CFR 93.109(e). EPA made 
findings that the MVEBs in the first 10-years of the 1997 8-hour ozone 
maintenance plan for the Atlanta Area were adequate for transportation 
conformity purposes. In a Federal Register action published on December 
2, 2013, EPA notified the public of the adequacy finding for the 
Atlanta Area through a final rule; the adequacy determination for 
Atlanta Area became effective on January 2, 2014. See 78 FR 72040.\25\
---------------------------------------------------------------------------

    \25\ EPA approved the MVEBs on December 2, 2013. See 78 FR 
72040. The approval was made through a final rule and became 
effective on January 2, 2014.
---------------------------------------------------------------------------

    After approval of or an adequacy finding for the LMP, there is no 
requirement to meet the ``budget test'' for motor vehicle emissions 
pursuant to the transportation conformity rule for the respective 
maintenance area. All actions that would require a transportation 
conformity determination for the Atlanta Area under EPA's 
transportation conformity rule provisions are considered to have 
already satisfied the regional emissions analysis and ``budget test'' 
requirements in 40 CFR 93.118 as a result of EPA's adequacy finding for 
the LMP. See 69 FR 40004 (July 1, 2004). The Atlanta 2008 and 2015 
NAAQS Areas need to continue to meet all applicable requirements of the 
transportation conformity regulations, including the need for a 
regional emissions analysis and comparison of the results of the 
regional emissions analysis to the applicable MVEB for the 2008 8-hour 
ozone NAAQS. The 2008 8-hour ozone NAAQS MVEBs will be used to 
demonstrate conformity for the 2015 8-hour ozone NAAQS until MVEBs for 
the 2015 8-hour ozone NAAQS Area are deemed adequate or approved.
    However, because LMP areas are still maintenance areas, certain 
aspects of transportation conformity determinations still will be 
required for transportation plans, programs, and projects. 
Specifically, for such determinations, RTPs, TIPs, and transportation 
projects still will have to demonstrate that they are fiscally 
constrained (40 CFR 93.108), meet the criteria for consultation (40 CFR 
93.105) and Transportation Control Measure implementation in the 
conformity rule provisions (40 CFR 93.113), as well as meet the hot-
spot requirements for projects (40 CFR 93.116).\26\ Additionally, 
conformity determinations for RTPs and TIPs must be determined no less 
frequently than every four years, and conformity of plan and TIP 
amendments and transportation projects is demonstrated in accordance 
with the timing requirements specified in 40 CFR 93.104. Finally, in 
order for projects to be approved they must come from a currently 
conforming RTP and TIP. See 40 CFR 93.114 and 93.115.
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    \26\ A conformity determination that meets other applicable 
criteria in Table 1 of paragraph (b) of the section (Sec.  
93.109(e)) is still required, including the hot-spot requirements 
for projects in CO, PM10, and fine particulate matter 
(PM2.5) areas.
---------------------------------------------------------------------------

VI. Proposed Action

    Under sections 110(k) and 175A of the CAA and for the reasons set 
forth above, EPA is proposing to approve the Atlanta LMP for the 1997 
8-hour ozone NAAQS, submitted by Georgia EPD on December 17, 2021, as a 
revision to the Georgia SIP. EPA is proposing to approve the LMP 
because the LMP includes an acceptable update of the various elements 
of the 1997 8-hour ozone NAAQS Maintenance Plan approved by EPA for the 
first 10-year period (including emissions inventory, assurance of 
adequate monitoring and verification of continued attainment, and 
contingency provisions), and retains the relevant provisions of the 
SIP.
    EPA also finds that the Atlanta Area, a former nonattainment area 
for the 1997 8-hour ozone NAAQS, qualifies for the LMP option and, 
therefore, the Area's LMP adequately demonstrates maintenance of the 
1997 8-hour ozone NAAQS through documentation of monitoring data 
showing maximum 1997 8-hour ozone levels well below the NAAQS and 
continuation of existing control measures. EPA believes the Area's 1997 
8-Hour Ozone LMP to be sufficient to provide for maintenance of the 
1997 8-hour ozone NAAQS over the second 10-year maintenance period 
(which extends through January 2, 2034), and thereby satisfies the 
requirements for such a plan under CAA section 175A(b).

VII. 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 that they meet the criteria of the CAA. This 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 information collection burdens under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having significant economic impacts on 
a substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandates 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).
    This SIP revision is not proposed 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 oxides, Ozone, 
Reporting and

[[Page 72953]]

recordkeeping requirements, Volatile organic compounds.

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

Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-25585 Filed 11-25-22; 8:45 am]
BILLING CODE 6560-50-P