Air Plan Approval; GA: Non-Interference Demonstration and Maintenance Plan Revision for Federal Low-Reid Vapor Pressure Requirement in the Atlanta Area |
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Mary S. Walker
Environmental Protection Agency
23 April 2019
[Federal Register Volume 84, Number 78 (Tuesday, April 23, 2019)]
[Rules and Regulations]
[Pages 16786-16789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08062]
[[Page 16786]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0617; FRL-9992-54-Region 4]
Air Plan Approval; GA: Non-Interference Demonstration and
Maintenance Plan Revision for Federal Low-Reid Vapor Pressure
Requirement in the Atlanta Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision that supports a change to the
Federal Reid Vapor Pressure (RVP) requirements in 13 counties in
Atlanta, Georgia. They comprise the following counties: Cherokee,
Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton,
Gwinnett, Henry, Paulding, and Rockdale (Atlanta fuel volatility Area).
The Atlanta fuel volatility Area is a subset of the Atlanta 15-county
2008 8-hour ozone maintenance area. The 15-county 2008 8-hour ozone
maintenance area is comprised of the following counties: Bartow,
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth,
Fulton, Gwinnett, Henry, Newton, Paulding, and Rockdale (Atlanta
maintenance Area). This approval is based in part on EPA's analysis of
whether the SIP revision would interfere with the Atlanta maintenance
Area's ability to meet the requirements of the Clean Air Act (CAA or
Act). On August 15, 2018, Georgia, through the Georgia Environmental
Protection Division (GA EPD), submitted a noninterference demonstration
to support its SIP revision requesting that EPA relax the Federal RVP
requirements for the Atlanta fuel volatility Area. This SIP revision
updates Georgia's 2008 8-hour ozone maintenance plan for the Atlanta
maintenance Area and its emissions inventory, the associated motor
vehicle emissions budgets (MVEBs), and includes measures to offset the
emissions increases expected from the relaxation of the Federal RVP
requirements. Georgia's noninterference demonstration concludes that
relaxing the Federal RVP requirement from 7.8 pounds per square inch
(psi) to 9.0 psi for gasoline sold between June 1 and September 15 of
each year in the Atlanta fuel volatility Area would not interfere with
attainment or maintenance of any national ambient air quality standards
(NAAQS or standards) or with any other CAA requirement. EPA is
approving this SIP revision because EPA has determined that the
revision is consistent with the applicable provisions of the CAA. EPA
will also initiate a separate rulemaking to relax the current Federal
requirement to use gasoline that complies with the Federal RVP limit
from 7.8 psi to 9.0 psi in the Atlanta fuel volatility Area.
DATES: This rule will be effective May 23, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R04-OAR-2018-0617. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the Air
Regulatory Management Section, Air Planning and Implementation Branch,
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if possible, you contact the person
listed in the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dianna Myers, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. Ms. Myers can be reached via telephone at (404) 562-9207 or
via electronic mail at Myers.Dianna@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What is the background for this action?
On November 6, 1991 (56 FR 56694), EPA designated and classified
the following counties in and around the Atlanta, Georgia metropolitan
area as a Serious ozone nonattainment area for the 1-hour ozone NAAQS:
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth,
Fulton, Gwinnett, Henry, Paulding, and Rockdale. This 13-county 1-hour
ozone area is the ``Atlanta fuel volatility Area.'' The nonattainment
designation triggered various requirements for the Atlanta 1-hour ozone
nonattainment area. One of those requirements for the 1-hour ozone
nonattainment area was the Federal 7.8 psi RVP limit for gasoline sold
between June 1 and September 15, which is the subject of this action.
EPA issued a final rulemaking action on September 26, 2003, to
reclassify or ``bump up,'' the area to a Severe ozone nonattainment
area. This reclassification became effective on January 1, 2004 (68 FR
55469). EPA redesignated the Atlanta 1-hour ozone area to attainment,
effective June 14, 2005 (70 FR 34660).
On April 30, 2004 (69 FR 23858), EPA designated the following 20
counties in and around metropolitan Atlanta as a Marginal nonattainment
area for the 1997 8-hour ozone NAAQS: Barrow, Bartow, Carroll,
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth,
Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding,
and Walton. The Atlanta fuel volatility Area is a sub-set of this 20-
county area. Subsequently, EPA reclassified the Atlanta 1997 8-hour
ozone nonattainment area as a Moderate nonattainment area on March 6,
2008 (73 FR 12013), because the area failed to attain the 1997 8-hour
ozone NAAQS by the required attainment date of June 15, 2007. On
December 2, 2013 (78 FR 72040), EPA redesignated the area to attainment
for the 1997 8-hour ozone NAAQS.
Effective July 20, 2012, EPA designated the following 15-counties
Marginal nonattainment for the 2008 8-hour ozone NAAQS: Bartow,
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth,
Fulton, Gwinnett, Henry, Newton, Paulding, and Rockdale.\1\ (77 FR
30088, May 21, 2012, and 77 FR 34221, June 11, 2012). As mentioned
before, the Atlanta fuel volatility Area is sub-set of this 15-county
area. The 15-county Atlanta 2008 8-hour ozone nonattainment area did
not attain the 2008 8-hour ozone NAAQS by the attainment date of July
20, 2015, and therefore on May 4, 2016 (81 FR 26697), EPA published a
final rule reclassifying the area from a Marginal nonattainment area to
a Moderate nonattainment area for the 2008 8-hour ozone standard.
Moderate areas were required to attain the 2008 8-hour ozone NAAQS no
later than July
[[Page 16787]]
20, 2018, which is six years after the effective date of the initial
nonattainment designations. See 40 CFR 51.1103.
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\1\ In the proposed rule published on February 12, 2019 (84 FR
3358) on page 3360 Newton was inadvertently left off the list of the
15-counties in the Marginal 2008 8-hour ozone nonattainment area.
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On July 14, 2016 (81 FR 45419), EPA determined that the Atlanta
2008 8-hour ozone nonattainment area attained the 2008 8-hour ozone
NAAQS based on complete, quality-assured, and certified ozone
monitoring data for years 2013 through 2015. On July 18, 2016, Georgia
submitted a 2008 8-hour ozone redesignation request and maintenance
plan for the area (hereafter the ``Atlanta maintenance Area''), which
EPA approved on June 2, 2017 (82 FR 25523).
On October 1, 2015 (80 FR 65292), EPA revised the 8-hour ozone
standard from 0.075 ppm to 0.070 ppm. Subsequently, on June 4, 2018 (83
FR 25776), EPA published a final rule (effective August 3, 2018)
designating the following 7 Atlanta counties Marginal nonattainment for
the 2015 8-hour ozone NAAQS: Bartow, Clayton, Cobb, DeKalb, Fulton,
Gwinnett and Henry. Areas designated Marginal nonattainment must attain
the standard by August 3, 2021.
On August 15, 2018, Georgia submitted a SIP revision to the 2008 8-
hour ozone maintenance plan with a CAA section 110(l) noninterference
demonstration to support the State's request that EPA relax the Federal
RVP requirement from 7.8 psi to 9.0 psi for gasoline sold between June
1 and September 15 of each year (high ozone season) in the Atlanta
maintenance Area, which encompasses the smaller Atlanta fuel volatility
Area, and the 7-county 2015 8-hour ozone nonattainment area. The
demonstration concluded that relaxing the RVP requirement within the
Atlanta fuel volatility Area will not interfere with the maintenance or
attainment of the NAAQS or with reasonable further progress toward
attainment.\2\
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\2\ While this final rule focuses on ozone, which is the
pollutant most likely to be impacted by the proposed revision, the
demonstration provided information that the relaxation would have
little to no impact on particulate matter (PM), sulfur dioxide
(SO2), nitrogen dioxide (NO2), carbon monoxide
(CO), lead (Pb), and related precursors.
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The demonstration included an evaluation of the impact that the
relaxation of the 7.8 psi RVP requirement would have on Atlanta's
ability to maintain the 1997 and 2008 ozone standards. It also
evaluates whether the relaxation of the Federal RVP requirement would
interfere with the ability of the 7-county 2015 8-hour ozone
nonattainment area to attain the ozone standard by August 3, 2021,
which is the attainment date for areas classified as Marginal, or with
any of the other applicable NAAQS. Although the attainment date is
August 3, 2021, Marginal areas must show attainment using air quality
data for years 2018 through 2020. Based on modeling data from EPA's
Cross State Air Pollution Rule, the entire State of Georgia is showing
attainment for the 2015 8-hour ozone NAAQS through 2023.\3\
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\3\ See the Peter Tsirigotis Memorandum dated October 19, 2018,
entitled ``Considerations for Identifying Maintenance Receptors for
Use in Clean Air Act Section 110(a)(2)(D)(i)(I) Interstate Transport
State Implementation Plan Submissions for the 2015 Ozone National
Ambient Air Quality Standards.'' See also https://www.epa.gov/airmarkets/memo-and-supplemental-information-regarding-interstate-transport-sips-2015-ozone-naaqs.
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The demonstration also included two offset measures--school bus
replacements and rail locomotive conversions--to obtain the necessary
emissions reductions from the small increases in nitrogen oxides
(NOX) and volatile organic compounds (VOC) emissions at the
9.0 psi RVP level. This RVP relaxation will not worsen air quality
because Georgia's offsets provided compensating, equivalent emissions
reductions to negate the increases in emissions from NOX and
VOC.
Georgia replaced five old school buses (built in 2000-2003) in
Paulding County with five 2017 school buses. Also, forty old school
buses (built in 1999-2003) in Fulton County were replaced with forty
2017 school buses. The locomotive conversion program consists of two
components: (1) The conversion of three older traditional switcher
locomotives into newly-available low emissions engine technology from
Norfolk Southern Railway, Inc., and (2) Norfolk Southern Railway,
Inc.'s conversion of two switchers into ``slugs'' which are driven by
electrical motors whose electricity is received from companion
``mother'' locomotives.
The amount of NOX reductions obtained from the school
bus replacements and locomotive conversions were more than what is
needed to compensate for the small amount of NOX and VOC
increases associated with relaxing the Federal gasoline RVP limit from
7.8 psi to 9.0 psi. The SIP revision also included an update to the
mobile emissions inventory and associated 2030 MVEBs due to the
relaxation. The on-road emissions inventory and safety margin
allocation for the year 2030 were updated but the MVEB totals
themselves remained unchanged. See Table 1 below.
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\4\ The 2014 on-road emissions and MVEBs in this chart are shown
for illustration purposes because no changes were made to the 2014
attainment year emissions inventory due to the relaxation.
\5\ The safety margin is the difference between the attainment
level of emissions (from all sources) and the projected level of
emissions (from all sources) in the maintenance plan. The
transportation conformity rule provides for establishing safety
margins for use in transportation conformity determinations. See 40
CFR 93.124(a).
Table 1--Updated MVEBs for the 15-County Atlanta Maintenance Area in Tons per Day (tpd)
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2014 \4\ 2030
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NOX VOC NOX VOC
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On-Road Emissions............................... 170.15 81.76 39.63 36.01
Safety Margin Allocation \5\.................... .............. .............. 18.37 15.99
MVEBs with Safety Margin........................ 170.15 81.76 58 52
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In a notice of proposed rulemaking (NPRM) published on February 12,
2019 (84 FR 3358), EPA proposed to approve the August 15, 2018, SIP
revision. The details of Georgia's submittal and the rationale for
EPA's actions are explained in the NPRM.
II. Response to Comments
EPA received one comment from the Society of Independent Gasoline
Marketers of America (SIGMA).
Comment: SIGMA expressed support for the approval of the SIP
revision while also expressing concerns over the compliance date for
the future rulemaking that would relax the Federal RVP standard for
gasoline from 7.8 psi to 9.0 psi in the 13-county Area. Specifically,
SIGMA stated that a compliance date that is either too close to the
start or in the middle of the 2019 summer fuel season would inject
[[Page 16788]]
significant disruption into the fuel marketplace.
Response: SIGMA's comment on the compliance date for the future RVP
relaxation rulemaking is outside of the scope of the approval of this
SIP revision, which updates Georgia's 2008 8-hour ozone maintenance
plan for the Atlanta maintenance Area and adds measures to offset
emissions increases expected from the relaxation of the Federal RVP
standard. As explained at proposal, EPA intends to engage in a notice
and comment rulemaking that would relax the Federal RVP standard in the
13-county area from 7.8 psi to 9.0 psi (84 FR 3358). SIGMA is
encouraged to submit this comment when EPA proposes any such rule.
III. Final Action
EPA is taking final action to approve Georgia's August 15, 2019,
SIP revision, including the section 110(l) noninterference
demonstration supporting the change of 7.8 psi to 9.0 psi RVP
requirements in the Atlanta fuel volatility Area, which is a subset of
the Atlanta maintenance Area. The SIP revision updates Georgia's 2008
8-hour ozone maintenance plan for the Atlanta maintenance Area, its
emissions inventory, the MVEBs, and it includes measures to offset the
emissions increases expected from the relaxation of the Federal RVP
requirements. Georgia's noninterference demonstration concludes that
relaxing the Federal RVP requirement from 7.8 psi to 9.0 psi for
gasoline sold between June 1 and September 15 of each year in the
Atlanta fuel volatility Area would not interfere with attainment or
maintenance of any NAAQS or with any other CAA requirement. EPA is
approving this SIP revision because EPA has determined that the
revision is consistent with the CAA.
Through this action, EPA is not removing the Federal 7.8 psi RVP
requirement for the Atlanta fuel volatility Area. Any such action would
occur in a separate rulemaking.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided they meet the criteria of the CAA. This action merely approves
state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 24, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: April 11, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
Title 40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart L--Georgia
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2. Section 52.570(e), is amended by adding an entry for ``Non-
Interference Demonstration and Maintenance Plan Revision for Federal
Low-Reid Vapor Pressure Requirement in the Atlanta Area'' at the end of
the table to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(e) * * *
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EPA-Approved Georgia Non-Regulatory Provisions
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Applicable State submittal
Name of non-regulatory SIP geographic or date/ effective EPA approval date Explanation
provision nonattainment area date
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* * * * * * *
Non-Interference Demonstration Cherokee, Clayton, 8/15/2018 4/23/2019, [Insert
and Maintenance Plan Revision Cobb, Coweta, Federal Register
for Federal Low-Reid Vapor DeKalb, Douglas, citation].
Pressure Requirement in the Fayette, Forsyth,
Atlanta Area. Fulton, Gwinnett,
Henry, Paulding,
and Rockdale
counties.
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[FR Doc. 2019-08062 Filed 4-22-19; 8:45 am]
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