Approval and Promulgation of Implementation Plans; Georgia:
Approval of Revisions to the State Implementation Plan
[Federal Register: May 6, 2004 (Volume 69, Number 88)]
[Proposed Rules]
[Page 25348-25357]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06my04-20]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R04-OAR-2004-GA-0001-200411; FRL-7656-8]
Approval and Promulgation of Implementation Plans; Georgia:
Approval of Revisions to the State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is proposing to approve a revision to the Georgia
State Implementation Plan (SIP) submitted by the Georgia Environmental
Protection Division (GAEPD) on December 24, 2003. The revision pertains
to the Post-1999 Rate-of-Progress Plan (Post-1999 ROP Plan). This
submittal was made to meet the reasonable further progress requirements
of section 182 of the Clean Air Act, as amended in 1990 (CAA). The SIP
revision also establishes a motor vehicle emissions budget (MVEB) for
transportation conformity purposes of 160.8 tons per day (tpd) of
volatile organic compounds (VOC) and 318.24 tpd of nitrogen oxides
(NOX) for 2004. Today, EPA is proposing to approve Georgia's
Post-1999 ROP plan, including the 2004 MVEBs contained therein. In
addition, in this proposed rulemaking EPA is providing information on
the status of its transportation conformity adequacy determination for
the 2004 MVEBs that are contained in the Post-1999 ROP SIP submittal.
DATES: Written comments must be received on or before June 7, 2004.
ADDRESSES: Comments may be submitted by mail to: Scott M. Martin,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Comments
may also be submitted electronically, or through hand delivery/courier.
Please follow the detailed instructions described in sections IV.B.1
through 3. of the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Mr. Scott M. Martin, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number
is (404) 562-9036. Mr. Martin can also be reached via electronic mail
at martin.scott@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Section 182 of the CAA requires ozone nonattainment areas with air
quality classified as ``moderate'' or worse to submit plans showing
reasonable further progress towards attainment of the national ambient
air quality standards (NAAQS). Because Atlanta was classified as a
``serious'' nonattainment area for ozone, the CAA required Georgia to
develop a SIP to reduce emissions of VOCs in the 13-county Atlanta 1-
hour ozone nonattainment area by 15 percent from 1990 to 1996. The most
recent revision to Georgia's 15% Rate-of-Progress (ROP) SIP (i.e., the
15% Plan) was submitted by the GAEPD on June 17, 1996, and was approved
by the EPA effective May 26, 1999, (64 FR 20186).
The CAA also requires Post-1996 emission reductions of VOCs and/or
NOX totaling 3 percent per year, averaged over each
consecutive three-year period beginning in 1996 and continuing through
the attainment date. Georgia chose to rely solely on NOX
emission reductions in its Post-1996 ROP SIP (i.e., the 9% Plan). This
plan was required to describe how Georgia would achieve reasonable
further progress towards attaining the ozone NAAQS between 1996 and
1999, the attainment deadline for serious nonattainment areas. The most
recent revision to Georgia's 9% Plan was submitted June 17, 1996, and
was approved by EPA effective April 19, 1999, (64 FR 13348).
On July 17, 2001, GAEPD submitted the Atlanta 1-hour ozone
attainment SIP to EPA which included a demonstration that Atlanta would
attain the 1-hour ozone NAAQS by November 15, 2004. That attainment
demonstration, including the extension of the attainment date, was
approved by the EPA in a notice published in the
[[Page 25349]]
Federal Register on May 7, 2002, (67 FR 30574), which cited EPA's
policy to grant attainment date extensions for areas dependent upon
upwind States' emission reductions mandated by the regional
NOX SIP Call as a basis for approval. Subsequently, in
challenges to other attainment date extensions, several Federal appeals
courts ruled that EPA lacked the authority to grant such attainment
date extensions. On February 20, 2003, EPA filed a motion for voluntary
vacatur of Atlanta's attainment date extension and approval of
Atlanta's ozone attainment demonstration. On June 16, 2003, the United
States Court of Appeals for the Eleventh Circuit issued an order
granting EPA's motion, thereby vacating approval of the July 17, 2001,
attainment demonstration.
In response to these court rulings, EPA issued a final rulemaking
action in the September 26, 2003, Federal Register (68 FR 55469). It
included a determination that the Atlanta area had failed to attain the
1-hour ozone standard by the statutory deadline of November 1, 1999,
and that by operation of law, the Atlanta area was being reclassified
as a ``severe'' ozone nonattainment area effective January 1, 2004.
Under section 181(a)(1) of the CAA, the attainment deadline for Atlanta
as a new ``severe'' nonattainment area is ``as expeditiously as
practicable,'' but not later than November 15, 2005.
GAEPD has recently conducted an Early Attainment Assessment to
review the progress made to date in implementing the July 17, 2001,
ozone attainment SIP. The Early Attainment Assessment indicates that
the emission reductions achieved to date from the 1-hour ozone
attainment SIP control measures have been effective in reducing
monitored levels of ozone and that the area appears to be on track to
attain by the end of the 2004 ozone season.
EPA's September 26, 2003, action requires submission of a severe
area Post-1999 ROP SIP. The severe area Post-1999 SIP must describe how
at least a 3 percent per year reduction in emissions of ozone
precursors (VOCs or NOX) will be achieved, from the time of
failure to meet the ``serious'' area attainment date (November 15,
1999) until the ``severe'' area attainment date.
This Atlanta severe area Post-1999 ROP SIP contains a description
of how the 3 percent per year reductions in ozone precursor emissions,
required over the period from November 15, 1999, through November 15,
2004, will be achieved. It also contains MVEBs for the Atlanta 1-hour
ozone nonattainment area. Submission only through 2004 is based on the
State's Early Attainment Assessment discussed above. GAEPD requests
that EPA review and approve the Post-1999 ROP SIP and MVEB.
II. Analysis of State's Submittal
Plan Requirements: This plan was prepared in accordance with the
SIP requirements established in 40 CFR part 51, and EPA guidance. The
plan contains all of the required elements of a rate-of-progress plan,
and is consistent with existing guidelines for implementation plans.
The rate-of-progress plan contains a detailed analysis of each of the
following elements: Base Year Emissions Inventories; Target Level
Calculations; Control Measures; Projected Emissions; MVEB; Milestone
Failure Contingencies; and Reporting Requirements.
This Post-1999 ROP is not required, nor intended, to demonstrate
attainment of the 1-hour ozone NAAQS. The ROP Plan is a description of
how emissions reductions of 3 percent per year in the Atlanta area will
be achieved. Consistent with Georgia's 9% plan; this Post-1999 ROP will
rely solely on reductions of NOX emissions.
In order to develop the Post-1999 ROP Plan in accordance with EPA
guidance, GAEPD updated the 1990 NOX emissions in inventory
and adjusted the inventory by removing NOX already scheduled
for control by previous Federal regulations on motor vehicles and
gasoline volatility. The required NOX reductions and the
resulting target levels of future NOX emissions were
calculated, growth in NOX emissions was estimated, and the
effects on projected emissions of various emissions control rules
already adopted and implemented, or scheduled for implementation prior
to the end of 2004, were calculated. These controls were found to be
more than sufficient to reduce overall NOX emissions by 3
percent per year while also offsetting all of the growth in
NOX emissions projected to occur between 1999 and 2002, and
between 2002 and 2004.
Calculation of Post-1999 Emission Target Levels: The Post-1999 ROP
SIP was prepared following the guidance in:
--Section 4.2 of EPA's Guidance on the Post-1996 Rate-of-Progress Plan
and the Attainment Demonstration (``the ROP guidance'');
--The December 23, 1997, guidance memo from Richard D. Wilson, EPA's
Acting Assistant Administrator for Air and Radiation, Guidance for
Implementing the 1-Hour Ozone and Pre-Existing PM10 NAAQS (``the
guidance memo''); and
--EPA's Policy guidance on the Use of MOBILE6 for SIP Development and
Transportation Conformity (the ``MOBILE6 policy guidance'').
The ROP guidance provides step-by-step procedures for calculating
the Post-1999 target level emissions. The projected inventory for an
ROP milestone year with all control measures in place and reflecting
any growth in activity projected to occur by the milestone year must be
equal to or less than the target level of emissions for that milestone
year.
The Rate-of-Progress Inventory is the base inventory from which the
target levels of emissions for the milestone years must be calculated.
These target levels reflect the required percent reductions, net of
growth, from base year emissions that must be achieved to meet the
requirements of the CAA. Therefore this plan starts with the 1990 Rate-
of-Progress Base Year Inventory.
1990 Rate-of-Progress Base Year Inventory: The 1990 Rate-of-
Progress Base Year inventory is comprised of the anthropogenic point,
area, nonroad, and mobile sources in the 13-county 1-hour ozone
nonattainment area. The 1990 Rate-of-Progress Base Year Inventory, as
defined in section 4.2 of the ROP guidance document, has changed since
submittal in November 1993. Emissions from the mobile and the nonroad
sectors have been updated using the latest models and, for mobile
sources, revised 1990 speeds. The updated 13-county 1990 Rate-of-
Progress Base Year Inventory totals 625.9 NOX tpd (see Table
1 below). The Adjusted Base Year mobile source emissions inventories,
described below, also reflect an updated registration distribution by age.
The December 23, 1997, EPA guidance memo also allows emission
reductions from sources outside the nonattainment area to count towards
Post-1999 ROP requirements. Section 5 of the guidance memo states that
areas in nonattainment for the 1-hour ozone standard can ``take credit
for emissions reductions obtained from sources outside the designated
nonattainment area for the Post-1999 ROP requirements as long as the
sources are no farther than 100 km (for VOC sources) or 200 km (for
NOX sources) away from the nonttainment area * * *
[E]missions from the source(s) outside the nonattainment area * * *
must be included in the baseline ROP emissions and target ROP reduction
calculation. Emissions from source(s) outside the nonattainment area
that are not involved in the substitution would not have to be
inventoried or included in
[[Page 25350]]
the baseline ROP emissions and target ROP calculation.''
For this Post-1999 ROP SIP, GAEPD is including reductions of
NOX emissions at five coal-fired electrical power plants.
These Georgia Power Company plants impact the nonattainment area but
are located in neighboring counties designated as attainment for the 1-
hour ozone standard. As a control strategy to attain the 1-hour ozone
standard in Atlanta, stricter controls have been placed on these power
plants. The 1990 NOX emissions from these five power plants
are shown below in Table 2. All five of these power plants are located
within 200 kilometers of the Atlanta 1-hour ozone nonattainment area.
The sum of the updated 1990 Rate-of-Progress NOX
emissions inventory for the Atlanta 1-hour ozone nonattainment area
plus the 1990 base year NOX emissions from these five power
plants is approximately 1262.4 tpd (See Table 1 below).
Table 1.--1990 Rate-of-Progress Base Year Inventory
----------------------------------------------------------------------------------------------------------------
1990 NOX emissions (tpd)
----------------------------------------------------------------
Point Area Nonroad Mobile Total
----------------------------------------------------------------------------------------------------------------
1990 ROP Base Year Inventory................... 121.3 25.7 85.0 393.9 625.9
Five Power Plants Inventory.................... 636.5 ........... ........... ........... 636.5
--------------
Total...................................... 757.8 25.7 85.0 393.9 1262.4
----------------------------------------------------------------------------------------------------------------
Table 2.--1990 NOX Emissions From Five Power Plants
------------------------------------------------------------------------
1990 NOX
Power plant County emissions
(tpd)
------------------------------------------------------------------------
Plant Bowen........................ Bartow................ 200.3
Plant Branch....................... Putnam................ 160.1
Plant Hammond...................... Floyd................. 78.9
Plant Scherer...................... Monroe................ 87.1
Plant Wansley...................... Heard................. 110.1
-------------------------
Total.......................... ...................... 636.5
------------------------------------------------------------------------
Adjusted Base Year Inventories: As explained in section 4.2 of the
ROP guidance, ``The 1990 adjusted base year inventories must be
calculated relative to each milestone * * * year. * * * The only
adjustment that must be made to the inventories * * * is to recalculate
mobile source emissions. * * *'' The development of the Adjusted Base
Year Inventories requires excluding from those inventories, the
emission reductions that would occur by the milestone years as a result
of Federal programs already mandated prior to the 1990 CAA.
The adjustments exclude:
--Emissions reductions that would occur by the milestone years as a
result of the Federal Motor Vehicle Control Program (FMVCP) promulgated
prior to the 1990 CAA; and
--Reductions that would result by the milestone years from the Reid
Vapor Pressure (RVP) regulations promulgated under the Act.
These adjustments are made because states are not allowed to take
credit for emissions reductions that would have occurred due to fleet
turnover from vehicles meeting pre-1990 standards to newer cars and
trucks, or from previously existing Federal fuel regulations. These
non-creditable reductions are called the FMVCP/RVP reductions. Table 3
below shows the FMVCP/RVP reductions.
Table 3.--FMVCP/RVP Reductions
------------------------------------------------------------------------
Mobile source FMVCP/RVP
NOX emissions reductions
(tpd) (tpd)
------------------------------------------------------------------------
1990 Base Year........................ 393.9 ...............
1990 Adjusted to 1999................. 309.1 84.8
1990 Adjusted to 2002................. 281.6 112.3
1990 Adjusted to 2004................. 263.6 130.3
------------------------------------------------------------------------
The 1990 Adjusted Base Year Inventories were prepared using
MOBILE6.2 emission factors; 1990 speeds extrapolated from the Atlanta
Regional Commission's (ARC) travel demand model networks for 2000,
2002, 2004, and 2005; 1990 vehicle miles traveled (VMT) data provided
by Georgia Department of Transportation; and an updated fleet age
distribution. The adjusted base year inventory calculation procedure
described in the ROP guidance, section 4.2, Step 3, was used. The 13-
county 1990 Base Year NOX Inventory Adjusted to 2002 totals
513.6 tpd, as shown in Table 4. The 13-county 1990 Base Year
NOX Inventory Adjusted to 2004 totals 495.6 tpd, as shown in
Table 5.
[[Page 25351]]
Table 4.--1990 Adjusted to 2002 Base Year NOX Inventory
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NOX emissions (tpd)
----------------------------------------------------------------
Point Area Nonroad Mobile Total
----------------------------------------------------------------------------------------------------------------
1990 Adjusted to 2002.......................... 121.3 25.7 85.0 281.6 513.6
Five Power Plants.............................. 636.5 ........... ........... ........... 636.5
--------------
Total...................................... 757.8 25.7 85.0 281.6 1150.1
----------------------------------------------------------------------------------------------------------------
Table 5.--1990 Adjusted to 2004 Base Year NOX Inventory
----------------------------------------------------------------------------------------------------------------
NOX emissions (tpd)
----------------------------------------------------------------
Point Area Nonroad Mobile Total
----------------------------------------------------------------------------------------------------------------
1990 Adjusted to 2004.......................... 121.3 25.7 85.0 263.6 495.6
Five Power Plants.............................. 636.5 ........... ........... ........... 636.5
--------------
Total...................................... 757.8 25.7 85.0 263.6 1132.1
----------------------------------------------------------------------------------------------------------------
Required Emission Reductions: To calculate the required emissions
reduction in tpd, the adjusted base year inventory adjusted to each ROP
target year is added to the 1990 NOX emissions from the five
power plants, then multiplied by 3 percent for each year between the
previous target year (1999 or 2002) and the current target year (2002
or 2004). The required NOX reductions for 2002 and 2004 are
presented in Tables 6 and 7, respectively.
Table 6.--Required NOX Reductions for 2002
------------------------------------------------------------------------
------------------------------------------------------------------------
Adjusted Base Year Inventory........................... 513.6 tpd
Plus Power Plant Emissions............................. +636.5 tpd
---------------
1150.1 tpd
Times Factor (3% x 3 years)............................ x0.09
---------------
Emissions Reductions Needed............................ 103.5 tpd
------------------------------------------------------------------------
Table 7.--Required NOX Reductions for 2004
------------------------------------------------------------------------
------------------------------------------------------------------------
Adjusted Base Year Inventory............................ 495.6 tpd
Plus Power Plant Emissions.............................. +636.5 tpd
---------------
1132.1
Times Factor (3% x 2 years)............................. x0.06
---------------
Emissions Reductions Needed............................ 67.9 tpd
------------------------------------------------------------------------
The target level for the previous target year (1999 or 2002) is
needed for calculating emissions target levels for the current target
year, 2002 or 2004. The 1999 target level from the 9% Plan was
recalculated using the results of the updated 1990 Base Year mobile
source and nonroad modeling. To calculate the updated 1999 target
emissions level, the reductions necessary to meet the 9 percent
emissions reduction requirement and the FMVCP/RVP reductions were
subtracted from the sum of the 1990 ROP inventory and the 1990
NOX emissions from the five power plants. The results, in
NOX tpd, are shown in Table 8 below:
Table 8.--Updated NOX Emissions Target Level for 1999
------------------------------------------------------------------------
------------------------------------------------------------------------
1990 NOX ROP Inventory plus 5 GA Power Plants.......... 1262.4 tpd
FMVCP Reductions (1990-1999)........................... -84.8 tpd
---------------
Adjusted Base Inventory................................ 1177.6 tpd
Required Reductions (9% of Adjusted Base).............. -106.0 tpd
---------------
NOX Target Level for 1999.............................. 1071.6 tpd
------------------------------------------------------------------------
Target levels for the ROP milestone years are calculated by
subtracting the required milestone year reduction and the fleet
turnover correction from the previous milestone year's emissions target
level. The fleet turnover correction is the difference between an
Adjusted Base Year mobile source emissions inventory adjusted to the
previous target year (1999 or 2002) and an Adjusted Base Year mobile
source inventory adjusted to the current target year (2002 or 2004).
Table 9 below shows the fleet turnover correction.
Table 9.--Fleet Turnover Correction
------------------------------------------------------------------------
Mobile source Fleet turnover
NOX emissions correction
(tpd) (tpd)
------------------------------------------------------------------------
1990 Adjusted to 1999............... 309.1 ................
1990 Adjusted to 2002............... 281.6 27.5
1990 Adjusted to 2004............... 263.6 18.0
------------------------------------------------------------------------
Tables 10 and 11 show NOX Target Level Calculations for
2002 and 2004, respectively.
Table 10.--NOX Emissions Target Level for 2002
------------------------------------------------------------------------
------------------------------------------------------------------------
Updated NOX Target Level for 1999....................... 1071.6 tpd
Required Reduction (9% of Adjusted Base)................ -103.5 tpd
[[Page 25352]]
Fleet Turnover Correction, 1999 to 2002................. -27.5 tpd
---------------
NOX Target Level for 2002............................... 940.6 tpd
------------------------------------------------------------------------
Table 11.--NOX Emissions Target Level for 2004
------------------------------------------------------------------------
------------------------------------------------------------------------
NOX Target Level for 2002............................... 940.6 tpd
Required Reduction (6% of Adjusted Base)................ -67.9 tpd
Fleet Turnover Correction, 2002 to 2004................. -18.0 tpd
---------------
NOX Target Level for 2004............................... 854.7 tpd
------------------------------------------------------------------------
Control Measures: This section describes the control measures being
relied upon for this Post-1999 ROP Plan. Note that the projected
emissions described below do not reflect any effects of maximum
achievable control technology (MACT) and reasonably available control
technology (RACT) on major sources and are therefore conservatively
high. The projected emissions reflect Federal and/or State emission
controls on all emission source sectors. All non-Federal control
measures being relied upon for this Post-1999 ROP SIP have been
implemented and have been codified in Georgia's State regulations.
Point Source Control Measures: The point source control measures
included in this Post-1999 ROP SIP are required by State regulation and
consist of selective catalytic reduction (SCR), overfire air (OFA),
and/or low NOX burners with overfire air (LNBOFA) at the
five Georgia Power plants. Controls at two power plans within the 13-
county 1-hour ozone nonattainment area, Plant McDonough and Plant
Yates, are also reflected in the projected emissions. The controls at
these two plants are natural gas technologies required during the ozone
season.
Area Source Control Measures: The projected area source emissions
reflect Georgia's ban on open burning in the nonattainment area during
ozone season. This rule was instituted for the 15% and 9% Plans.
Nonroad Mobile Source Control Measures: The projected 2002 and 2004
nonroad emissions reflect all applicable Federal controls on nonroad
mobile sources, as well Georgia's controls on gasoline in the 1-hour
ozone nonattainment area.
Mobile Source Control Measures: The projected mobile source
emissions inventories described below reflect all Federal and State
mobile source control rules, including annual enhanced vehicle
inspection and maintenance (I/M) with onboard diagnostics systems
checks on 1996 and newer model year cars and light trucks; 2-mode ASM
tests on 25-year-old through 1995 model year vehicles; a check for
catalytic converter tampering and a gas cap pressure test on all
subject vehicles; low-sulfur and low (7.0 pounds per square inch) Reid
Vapor Pressures gasoline; Stage II gasoline vapor recovery; the Federal
Motor Vehicle Control Program, including Tier 1 and (beginning with
2004 models) Tier 2 tailpipe standards; the National Low Emission
Vehicle (NLEV) program; and technician training and certification.
Projected Emissions Overview: With the exception of mobile sources
and nonroad sources, which were explicitly modeled for each target
year, 2002 and 2004 emissions were projected by applying projection
factors to 1999 emissions inventories. The projection factors were
produced using EPA's Economic Growth Analysis System (EGAS) software,
Version 4.0.
Projected 2002 Emissions Summary: Projected 2002 emissions
reflecting the control measures described above are summarized in Table 12:
Table 12.--2002 Projected NOX Emissions
----------------------------------------------------------------------------------------------------------------
NOX emissions (tpd)
------------------------------------------------------
Point Area Nonroad Mobile Total
----------------------------------------------------------------------------------------------------------------
2002 Projected Inventory................................. 68.1 49.8 105.7 364.5 588.1
Fiver Power Plants....................................... 321.6 ......... ......... ......... 321.6
------------
Total................................................ 389.7 49.8 105.7 364.5 909.7
----------------------------------------------------------------------------------------------------------------
The projected 2002 NOX emissions of 909.7 tpd are below
the 2002 Target Level Emissions of 940.6 tons of NOX per
day. ``Excess'' NOX reductions, the amount by which the
projected emissions are below the target level, total 30.9 tpd in 2002.
Projected 2004 Emissions Summary: The projected 2004 NOX
emissions reflecting the control measures described above are
summarized in Table 13:
Table 13.--2004 Projected NOX Emissions
----------------------------------------------------------------------------------------------------------------
NOX emissions (tpd)
------------------------------------------------------
Point Area Nonroad Mobile Total
----------------------------------------------------------------------------------------------------------------
2004 Projected Inventory................................. 85.5 50.8 105.0 318.2 559.5
Five Power Plants........................................ 176.7 ......... ......... ......... 176.8
------------
Total................................................ 262.2 50.8 105.0 318.2 736.2
----------------------------------------------------------------------------------------------------------------
The projected 2004 NOX emissions of 736.2 tpd are below
the 2004 Target Level Emissions of 854.7 tons of NOX per
day. There are 118.5 tpd of excess NOX reductions in 2004.
Emissions Projection Methodology by Source Category
Point Source Emissions Projections: There are two major types of
point sources: electric generating unit (EGU) point sources and all
other (non-EGU) point sources. For the 2002 Projected Inventory,
emissions from EGU point sources were obtained from actual emissions
data reported by Georgia
[[Page 25353]]
Power Company to EPA's Continuous Emissions Monitoring System (CEMS)
database. Note that these actual EGU data for 2002 reflect the effects
of controls in operation on several units at Georgia Power's Plants
Bowen and Hammond during the 2002 ozone season. Non-EGU point source
emissions projections for 2002 were developed by applying projection
factors to 1999 point source emissions from the 13-county Atlanta 1-
hour ozone nonattainment area. The nonattainment area point source
emissions were from GAEPD's 1999 Periodic Emissions Inventory (PEI).
The projection factors used to develop non-EGU point source emissions
for 2002 were from EGAS.
Point source emissions inventories for 2004 were developed by
applying EGAS projection factors to 1999 point source emissions from
the 13-county Atlanta 1-hour ozone nonattainment area and from the five
power plants outside the 1-hour ozone nonattainment area. The non-EGU
point source emissions were from the 1999 PEI. The 1999 EGU point
source emission, including those for the five power plants were from
the CEMS database.
The 2002 and 2004 point source emissions from the 13-county 1-hour
ozone nonattainment area and from the five power plants outside that
area are shown in Table 14.
Table 14.--Projected Point Source NOX Emissions
------------------------------------------------------------------------
Point source NOX
emissions (tpd)
-------------------------
2002 2004
------------------------------------------------------------------------
13-County Point Source Totals................. 68.1 85.5
Plant Bowen................................... 88.1 21.7
Plant Branch.................................. 71.9 53.7
Plant Hammond................................. 22.2 13.7
Plant Scherer................................. 79.8 76.8
Plant Wansley................................. 59.7 10.8
--------------
Grand Total............................... 389.7 262.2
------------------------------------------------------------------------
Area Source Emissions Projections: Area source emissions
inventories for 2002 and 2004 were developed by applying EGAS
projection factors to area source emissions for the 13-county Atlanta
1-hour ozone nonattainment area from the 1999 PEI.
Nonroad Mobile Source Emissions Projections: Nonroad mobile source
emissions, with the exception of those from aircraft and locomotives,
were calculated using EPA's NONROAD Draft 2002 emissions model (Version
2.2.0). The NONROAD model reflects the effects of all federal controls,
and of Georgia gasoline, on nonroad sources of emissions.
Growth in emissions from aircraft and locomotives was projected by
applying EGAS projection factors to 1999 PEI emissions from these sources.
Mobile Source Emissions: The highway mobile emissions for the 13-
country 1-hour ozone nonattainment area were developed using the
MOBILE6.2 emission factor model and Atlanta Regional Commission's (ARC)
link-based emissions estimation procedure. The projected mobile source
emissions inventories reflect all Federal and State mobile source
control rules, including enhanced I/M, Stage II vapor recovery, and
Federal tailpipe standards.
One adjustment had to be made to the calculated tpd emissions
inventories to arrive at the final motor vehicle emissions inventories.
This adjustment accounts for the loss of credit from a State rule
allowing exemption from vehicle inspection and maintenance for cars 10
years old or older driven fewer than 5,000 miles per year and owned by
persons 65 years old or older. It was estimated that this senior I/M
exemption increased VOC and NOX emissions by 0.39 and 0.11
tpd, respectively, in 2002. The exemption is predicted to increase VOC
and NOX emissions by 0.24 and 0.09 tpd, respectively in 2004.
MVEB: ROP plans are control strategy SIP revisions. As such, they
establish MVEB. A motor vehicle emissions budget is described in EPA's
transportation conformity rule as ``* * * the implementation plan's
estimate of future [motor vehicle]
emissions.'' Such budgets establish
caps on motor vehicle emissions; projected emissions from
transportation plans and programs must be equal to or less than these
caps for a positive conformity determination to be made.
Section 93.118(e)(4)(iv) of the transportation conformity rule
requires that the ``motor vehicle emissions budget(s), when considered
together with all other emissions sources, is consistent with
applicable requirements for reasonable further progress, attainment, or
maintenance. * * *''
Section 93.118(e)(4)(v) of the transportation conformity rule
requires that ``the motor vehicle emission budget(s) is consistent with
and clearly related to the emissions inventory and the control measures
in the submitted control strategy implementation plan revision or
maintenance plan. * * *''
Establishment of Updated 2004 MVEB for the Atlanta 1-hour Ozone
Nonattainment Area: In preparation for this Post-1999 ROP Plan, GAEPD
has been working closely with the ARC over the past year to develop the
best possible estimates of mobile source emissions for the 13-county
Atlanta nonattainment area. Mobile source inventories for 2004 were
developed using the latest available planning assumptions, the most
recent recalibrated travel demand model, and EPA's latest motor vehicle
emission factor model, MOBILE6.2. The 2004 mobile source emissions
inventories developed for this Post-1999 ROP Plan are the basis for new
NOX and VOC budgets for 2004, ensuring that these new MVEB
are ``consistent with applicable requirements for reasonable further
progress'' and ``consistent with and clearly related to the emissions
inventory and the control measures in the submitted control strategy
implementation plan revision.''
Although the emissions reductions being relied upon for this Post-
1999 ROP Plan are from NOX controls alone, a 2004 inventory
of mobile source VOC emissions was also developed to provide an updated
VOC budget that is consistent with this reasonable-further-progress
plan and that reflects all latest planning assumptions. GAEPD worked
with ARC to develop a VOC emissions inventory for mobile sources using the
[[Page 25354]]
ARC's link-based emissions estimation procedure. This mobile source VOC
inventory reflects the most recent planning assumptions available and
the use of updated travel demand, emissions, and emission factor
models. Updating the VOC budget prevents a situation in which a
transportation conformity determination must be made against an updated
NOX budget established in this Post-1999 ROP Plan, and
against a VOC budget established in the 15% Plan using outdated
planning assumptions. The updated VOC emissions inventory is also more
conservative (i.e., sets a lower budget) than the previously
established VOC budget from the 15% Plan (183.12 tons of VOC per day)
and therefore does not interfere with that reasonable-further-progress plan.
The methodology used to calculate the highway mobile source
emissions on which the updated 2004 MVEB are based is discussed below.
The MOBILE6.2 motor vehicle emission factor model was used to
calculate 2004 VOC and NOX emission factors with all
proposed 2004 mobile source control rules in place. These controls
include: annual enhanced I/M and onboard diagnostics system checks on
1996 and newer model year vehicles; 2-mode ASM tests on 25-model-year-
old through 1995 vehicles; a check for catalytic converter tampering on
all subject vehicles; low-sulfur and low (7.0 pounds per square inch)
Reid Vapor Pressure gasoline; Stage II gasoline vapor recovery; the
Federal Motor Vehicle Control Program, including Tier 1 and (beginning
with 2004 models) Tier 2 tailpipe standards; the National Low Emission
Vehicle (NLEV) program; and technician training and certification. The
emission factors resulting from the MOBILE6.2 runs were used with ARC's
link-based emissions estimation procedure to calculate 2004 tpd
emissions in the following manner:
--For each of four times of day (a.m. peak, midday, p.m. peak, and
night), the HPMS-adjusted and summer-adjusted 2004 VMT from each link
in ARC's travel demand model were multiplied by the 2004 MOBILE6.2
emission factor at the average speed closest to the speed of that link.
--Emissions from all the links and all four time periods were summed
together to get grams per day inventories, which were divided by
907,180 to convert from grams per day to tpd.
These mobile source inventories reflect the most up-to-date mobile
modeling assumptions, including 2004 VMT projected from a state-of-the-
art travel demand model for the 13 counties and July 2004 emission
factors from EPA's latest mobile source emission factor model,
MOBILE6.2. The same mobile source control rules reflected in Georgia's
attainment demonstration were modeled for this Post-1999 ROP Plan. Note
that although the attainment demonstration also relied on estimated
emissions reductions attributable to the Partnership for a Smog-free
Georgia (PSG), a voluntary mobile source emission reduction program, no
PSG reductions are being relied upon for this Post-1999 ROP Plan.
Table 15 sums the calculated emissions inventories and the senior
exemption emissions increases.
Table 15.--Total 2004 MVEB
------------------------------------------------------------------------
VOC (tpd) NOX (tpd)
------------------------------------------------------------------------
2004 Mobile Emissions Subtotal (MOBILE6.2 results) 160.56 318.15
Senior I/M Exemption Increases.................... +0.24 +0.09
------------
Total 2004 MVEB............................... 160.80 318.24
------------------------------------------------------------------------
This Post-1999 ROP SIP establishes 2004 MVEBs of 160.80 and 318.24
tpd, VOC and NOX, respectively, for the 13-county Atlanta 1-
hour ozone nonattainment area. Interagency consultation among the
relevant agencies occurred during the development of these MVEB and
prior to the submittal of this Post-1999 ROP SIP.
The MVEBs established by this Post-1999 ROP SIP are based on new
estimates of VMT and speeds from updated, state-of-the-art travel
demand and link-level emissions estimation models; on a newer and more
accurate motor vehicle emission factor model (MOBILE6.2 instead of
MOBILE5); and on an updated registration distribution by age developed
using registration data obtained from R.L. Polk & Company. These MVEBs
are the most accurate estimates of motor vehicle emissions developed,
to date, for the Atlanta ozone nonattainment area.
Implementation Schedule: All control measures being relied on for
this plan were implemented no later than May 1, 2003, with the
exception of the final phase of Georgia's low-sulfur gasoline marketing
rule, implemented September 16, 2003.
Milestone Failure Contingencies: As part of this Post-1999 ROP
Plan, Georgia is required to include a contingency plan identifying
additional controls to be implemented in the event of a milestone
failure. Contingency measures must be fully adopted rules or measures
that will take effect without further action by the State or EPA if an
area fails to make reasonable further progress by the applicable date.
As discussed above, and consistent with Georgia's 9% Plan, this Post-
1999 ROP SIP relies solely on reduction in NOX emissions.
The contingency plan is also for NOX only.
EPA guidance suggests that a contingency plan should include 3
percent of the 1990 Adjusted Baseline Inventory's emissions. The 1990
Adjusted-to-2004 Baseline NOX Inventory is 1132.1 tpd (see
Table 5); a 3 percent contingency would be 34.0 NOX tpd:
1132.1 x 0.03=34.0
This Post-1999 ROP Plan identifies excess 2004 NOX
reductions of 118.5 tpd. The 3 percent contingency, if needed, can be
met with these excess NOX reductions.
Reporting Requirements: All of the control measures being relied
upon for the success of this Post-1999 ROP SIP are already in place.
Georgia Power's compliance with the State rule regulating
NOX emissions from large EGU point sources is reflected in
the emissions data they report to EPA's CEMS clearinghouse. This
information can be retrieved here:
2002 data:
http://www.epa.gov/airmarkets/emissions/prelimarp/02q4/ozone02x.zip.
1999 data:
http://cfpub.epa.gov/gdm/index.cfm?fuseaction=prepackaged.select&CFID=15438597&CFTOKEN=63777112.
Conclusions: The emission controls being relied upon for this Post-
1999
[[Page 25355]]
ROP SIP were found to be more than sufficient to reduce overall
NOX emissions by the required amounts and also to offset all
of the growth in NOX emissions projected to occur between
1999 and 2002, and between 2002 and 2004. Projected emissions for 2002
and 2004 are below the respective target levels, as shown in Table 16.
``Excess'' NOX reductions, the amount by which the projected
emissions are below the target level, total 30.9 tpd in 2002 and 118.5
tpd in 2004.
Table 16.-- NOX Target Levels and Projected Emissions for the Post-1999
ROP
------------------------------------------------------------------------
NOX emissions (tpd)
--------------------------------------
Year Projected
Target NOX NOX Excess NOX
level inventory reductions
------------------------------------------------------------------------
2002............................. 940.6 909.7 30.9
2004............................. 854.7 736.2 118.5
------------------------------------------------------------------------
III. Proposed Action
Today, EPA is proposing to approve Georgia's Post-1999 ROP Plan
because the Plan meets the requirements of the CAA. As part of this
approval, EPA is approving the 2004 VOC MVEB of 160.8 tpd and the 2004
NOX MVEB of 318.24 tpd. For transportation conformity
purposes these 2004 MVEBs will be applicable on the date of final
rulemaking of this Post-1999 ROP SIP.
IV. Status of EPA's Transportation Conformity Adequacy Determination
Under the CAA, States are required to submit, at various times,
control strategy SIPs and maintenance plans in ozone areas. These
control strategy SIPs (e.g., reasonable further progress SIPs such as
Rate of Progress SIPS) and maintenance plans create MVEBs for criteria
pollutants and/or their precursors to address pollution from cars and
trucks. The MVEBs are the portion of the total allowable emissions
allocated to highway and transit vehicle use and emissions. The MVEBs
serve as a ceiling on emissions form an area's planned transportation
system. The MVEB concept is further explained in the preamble to the
November 24, 1993, transportation conformity rule (58 FR 62188). The
preamble also describes how to establish and revise MVEBs in the SIP.
Under Section 176(c) of the CAA, new transportation projects, such
as the construction of new highways, must ``conform'' to (e.g., be
consistent with) the part of the State's air quality plan that
addresses pollution from cars and trucks. ``Conformity'' to the SIP
means that transportation activities will not cause new air quality
violations, worsen existing violations, or delay timely attainment of
the national ambient air quality standards. Under the transportation
conformity rule, at 40 CFR part 93, projected emissions from
transportation plans and programs must be equal to or less than the
MVEBs for the area. If a transportation plan does not ``conform,'' most
projects that would expand the capacity of roadways cannot go forward.
Regulations at 40 CFR part 93 set forth EPA policy, criteria, and
procedures for demonstrating and assuring conformity of such
transportation activities to a SIP.
Until an MVEB in a SIP submittal is approved by EPA, it cannot be
used for transportation conformity purposes unless EPA makes an
affirmative finding that the MVEBs contained therein are ``adequate.''
Once EPA affirmatively finds the submitted MVEBs adequate for
transportation conformity purposes, those MVEBs can be used by the
State and Federal agencies in determining whether proposed
transportation projects ``conform'' to the SIP even though EPA approval
of the SIP revision containing those MVEBs has not yet been finalized.
EPA's substantive criteria for determining ``adequacy'' of MVEBs in
submitted SIPs are set out in 40 CFR 93.118(e)(4).
EPA's process for determining ``adequacy'' of MVEBs in submitted
SIPs, consists of three basic steps: public notification of a SIP
submission, a public comment period, and EPA's adequacy finding. This
process for determining the adequacy of submitted SIP MVEBs is set out
in EPA's May 1999 guidance, ``Conformity Guidance on Implementation of
March 2, 1999, Conformity Court Decision.'' This guidance is
incorporated into EPA's June 30, 2003, EPA proposed rulemaking entitled
``Transportation Conformity Rule Amendments: Response to Court Decision
and Additional Rule Changes'' (68 FR 38974). EPA follows this guidance
in making its adequacy determinations.
Georgia's Post-1999 Rate-of-Progress SIP for the Atlanta 1-hour
ozone nonattainment area VOC and NOX MVEBs for the year
2004. The availability of this SIP submission with these 2004 MVEBs was
announced for public comment on EPA's adequacy Web page at: http://
www.epa.gov/otaq/transp/conform/currsips.htm. The EPA public comment
period on adequacy of the 2004 MVEBs for the Atlanta 1-hour ozone
nonattainment area closed on February 5, 2004. Following a thorough
review of all public comments received and an evaluation of whether the
adequacy criteria have been met, EPA will make its adequacy
determination. If EPA makes its adequacy determination in the final
rulemaking on this ROP SIP revision, and if EPA concludes, after
reviewing any comments submitted, that Georgia's proposed new 2004
NOX and VOC MVEBs are adequate, then the new 2004 MVEBs will
be applicable for transportation conformity determinations on the date
of final rulemaking of an EPA approval of Georgia's ROP SIP revision.
V. General Information
A. How Can I Get Copies of This Document and Other Related Information?
1. The Regional Office has established an official public
rulemaking file available for inspection at the Regional Office. EPA
has established an official public rulemaking file for this action
under R04-OAR-2004-GA-0001. The official public file consists of the
documents specifically referenced in this action, any public comments
received, and other information related to this action. Although a part
of the official docket, the public rulemaking file does not include
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. The official public rulemaking
file is the collection of materials that is available for public
viewing at the Regulatory Development Section, Air Planning Branch,
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
contact listed in the FOR FURTHER INFORMATION CONTACT section to
[[Page 25356]]
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 9 to 3:30, excluding Federal
holidays.
2. Electronic Access. An electronic version of the public docket
is available through EPA's Regional Material EDocket (RME) system, a
part of EPA's electronic docket and comment system. You may access RME
at http://docket.epa.gov/rmepub/index.jsp to review associated
documents and submit comments. Once in the system, select ``quick
search,'' then key in the appropriate RME Docket identification number.
You may also access this Federal Register document electronically
through the Regulations.gov, Web site located at http://www.regulations.gov
where you can find, review, and submit comments on
Federal rules that have been published in the Federal Register, the
Government's legal newspaper, and are open for comment.
For public commenters, it is important to note that EPA's policy
is that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public inspection.
3. Copies of the State submittal and EPA's technical support
document are also available for public inspection during normal
business hours, by appointment at the State Air Agency: Air Protection
Branch, Georgia Environmental Protection Division, Georgia Department
of Natural Resources, 4244 International Parkway, Suite 120, Atlanta,
Georgia 30354. Telephone: (404) 363-7000.
B. How and To Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking R04-OA-2004-GA-0001'' in the
subject line on the first page of your comment. Please ensure that your
comments are submitted within the specified comment period. Comments
received after the close of the comment period will be marked ``late.''
EPA is not required to consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contract information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in Regional Material EDocket. If EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
EPA may not be able to consider your comment.
i. Regional Material EDocket (RME). Your use of EPA's RME to submit
comments to EPA electronically is EPA's preferred method for receiving
comments. Go directly to RME at http://docket.epa.gov/rmepub/index.jsp,
and follow the online instructions for submitting comments. To access
EPA's RME from the EPA Internet Home Page, select ``Information
Sources,'' ``Dockets,'' ``EPA Dockets,'' ``Regional Material EDocket.''
Once in the system, select ``quick search,'' and then key in RME Docket
ID No. R04-OAR-2004-GA-0001. The system is an ``anonymous access''
system, which means EPA will not know your identity, e-mail address, or
other contact information unless you provide it in the body of your
comment.
ii. E-mail. Comments may be sent by electronic mail (e-mail) to
martin.scott@epa.gov, please include the text ``Public comment on
proposed rulemaking R04-OAR-2004-GA-0001'' in the subject line. EPA's
e-mail system is not an ``anonymous access'' system. If you send an e-
mail comment directly without going through Regulations.gov, EPA's e-
mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
iii. Regulations.gov. Regulation.gov. Your use of Regulation.gov is
an alternative method of submitting electronic comments to EPA. Go
directly to Regulations.gov at http://www.regulations.gov,
then select Environmental Protection Agency at the top of the page and use
the go button. The list of current EPA actions available for comment will
be listed. Please follow the online instructions for submitting comments.
The system is an ``anonymous access'' system, which means EPA will not
know your identiy, e-mail address, or other contact information unless
you provide it in the body of your comment.
iv. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in section 2, directly
below. These electronic submissions will be accepted in WordPerfect,
Word or ASCII file format. Avoid the use of special characters and any
form of encryption.
2. By Mail. Send your comments to: Mr. Scott M. Martin, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Please include the
text ``Public comment on proposed rulemaking R04-OAR-2004-GA-0001'' in
the subject line on the first page of your comment.
3. Deliver your comments to: Mr. Scott M. Martin, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division 12th floor, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 9 to 3:30, excluding Federal holidays.
C. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
as CBI by marking any part of or all of that information as CBI (if
your submit CBI or CD ROM mark the outside of the disk or CD ROM as CBI
and then identify electronically within the disk or CD ROM the specific
information that is CBI). Information so marked will not be disclosed
except in accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes any
[[Page 25357]]
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
official public region rulemaking file. If you submit the copy that
does not contain CBI on disk or CD ROM, mark the outside of the disk or
CD ROM clearly that it does not contain CBI. Information not marked as
CBI will be included in the public file and available for public
inspection without prior notice. If you have any questions about CBI or
the procedures for claiming CBI, please consult the person identified
in the FOR FURTHER INFORMATION CONTACT section.
D. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate
regional file/rulemaking identification number in the subject line on
the first page of your response. It would also be helpful if you
provided the name, date, and Federal Register citation related to your
comments.
VI. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
proposed action merely proposes to approve State law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by State law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under State law and does not impose any
additional enforceable duty beyond that required by State law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Pub. L. 104-4).
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (59 FR 22951, November 9, 2000). This action also does not
have Federalism implications because it does not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely proposes to approve a State rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks''
(62 FR 19885, April 23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does
not impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 26, 2004.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. 04-10101 Filed 5-5-04; 8:45 am]
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