[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
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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
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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
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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\
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\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.
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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.
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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