[Federal Register Volume 63, Number 82 (Wednesday, April 29, 1998)]
[Rules and Regulations]
[Pages 23387-23390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11378]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[GA-035-9807a; FRL-6004-8]
Approval and Promulgation of Implementation Plans; Georgia:
Approval of Revisions for Transportation Control Measures
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving revisions to the Georgia State Implementation
Plan (SIP) submitted by the Department of Natural Resources on August
29, 1997, requesting the incorporation of several transportation
control measures (TCMs) and the deletion of two TCMs from the existing
SIP. This action will only address the incorporation of four of the
five TCMs requested for incorporation. The other TCM actions will be
handled under separate ruelmaking action. The four TCMs, subject to
this action include: The addition of a high occupancy vehicle (HOV)
lane, an employer-based program, a university ridershare program,
development of transportation management associations. This action does
not address the alternative fuel station vanpool project, the five
express bus routes on Cobb Community Transportation (CCT) and two park
and ride lots on CCT routes.
DATES: This final rule is effective June 15, 1998 unless adverse or
critical comments are received by May 29, 1998. If adverse comments are
received EPA will publish a timely withdrawal of this rule.
ADDRESSES: Written comments on this action should be addressed to Kelly
A. Sheckler at the Environmental Protection Agency, Region 4 Air
Planning Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303. Copies
of documents relative to this action are available for public
inspection during normal business hours at the following locations. The
interested persons wanting to examine these documents should make an
appointment with the appropriate office at least 24 hours before the
visiting day. Reference file GA35-9807. The Region 4 office may have
additional background documents not available at the other locations.
Air and Radiation Docket and Information Center (Air Docket 6102), U.S.
Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460
Environmental Protection Agency, Region 4 Air Planning Branch, 61
[[Page 23388]]
Forsyth Street, SW, Atlanta, Georgia 30303. Attn: Kelly Sheckler, 404/
562-9042
Georgia Department of Natural Resources, Environmental Protection
Division, Air Protection Division, 4244 International Parkway, Suite
136, Atlanta, Georgia 30354.
FOR FURTHER INFORMATION CONTACT: Kelly A. Sheckler at 404/562-9042.
SUPPLEMENTARY INFORMATION:
I. Background
Section 108(e) of the Clean Air Act, as amended 1990 (Act),
provides for transportation air quality planning guidance for the
development and implementation of transportation and other measures
necessary to demonstrate and maintain attainment of national ambient
air quality standards. Section 108(f)(1)(A) provides a list of
transportation control measures (TCMs) with emission reduction
potential. The USEPA has further provided guidance in the final report
entitled Transportation Control Measures: State Implementation Plan
Guidance dated September 1990; and also in Transportation Control
Measure Information Documents dated March 1992.
Section 108(f)(1)(A) of the Act lists sixteen TCMs for
consideration by States and planning agencies to use to reduce
emissions and maintain the national ambient air quality standards.
Programs to reduce motor vehicle emissions consistent with title II of
the Act are listed in section 108(f)(1)(A)(xii).
II. Evaluation of the State Submittal
On August 29, 1997, Georgia submitted to the U.S. EPA a SIP
revision request for Atlanta TCMs, specifically, the addition of an HOV
lane, an employer-based program, a university ridershare program,
development of transportation management associations and, an
alternative fuel station. In addition, Georgia requested the removal of
two existing TCMs because they will not be implemented. These include
five express bus routes on Cobb Community Transit and two park and ride
lots on Cobb Community Transit routes. A public hearing was held on
August 27, 1997. The SIP submission was found complete by the USEPA in
a letter dated October 27, 1997.
The TCMs for the Atlanta Metropolitan Area are described below. An
emissions analysis was performed for all the TCMs being added to the
SIP, which demonstrated that an emission benefit would result from the
implementation of these TCMS. However, the State is not claiming
emission credit in the SIP for these measures. Therefore, the emissions
analysis was review only to determine that no further air quality
degradation would result from the implementation of these TCMs. EPA's
reviewed determined that the data assumptions and calculations, while
not exact, provided a reasonable assurance that an air quality benefit
would occur.
HOV Lane
This project is referred to as AR 073B is the addition of HOV lanes
on I-85 from Chamblee-Tucker Road to State Route 316. An emissions
analysis performed by the Atlanta Regional Commission (ARC) indicated
that this project will result in reductions of volatile organic
compounds (VOCs) and oxides of nitrogen (NOX) in the 13-
county Atlanta ozone nonattainment area by reducing congestion,
reducing single occupancy vehicles and improving traffic flows.
This project was formally endorsed by the Georgia Department of
Transportation (DOT) letters dated April 14, 1997 and subsequently
February 27, 1998. The primary funding source for this project is
interstate maintenance funds from the Georgia Department of
Transportation. Georgia DOT will be responsible for monitoring the I-85
HOV lanes. Georgia DOT currently monitors volumes and speeds in both
SOV and HOV lanes with ATMS equipment in each HOV corridor. The I-85
corridor will also have similar ATMS equipment. With the ATMS system,
traffic volumes are continuously monitored. Georgia DOT commits to
produce weekly summary reports of vehicle volumes and speeds for the
HOV lanes.
This project is included in the Atlanta Interim Transportation Plan
(ITIP) contingent upon approval in the SIP. Based upon the schedule
provided for in the ITIP, the HOV lane will be implemented in a timely
manner and given funding priority. The project was proposed to begin
construction in March 1998, based upon the assumption funding would be
approved/awarded by January 1998. The schedule projected the lanes to
be open to the traffic in September 1999 with the estimated emissions
benefit being realized in December after stabilization. This schedule
will be adjusted accordingly from the effective date of this document.
MARTA Transit Incentives Program
This project is referred to as AR-231. This program is sponsored by
MARTA to work with employers to provide incentives such as free/ and /
or reduced fare passes to encourage employees to try transit or other
alternative to driving alone. Through this partnership program,
employers will be able to purchase MARTA TransCards at a discount of
four to fifteen percent, based upon the volume purchased.
An emissions analysis performed by ARC indicates that this project
will result in reductions of VOC and NOX in the 13-county
Atlanta ozone nonattainment area. In commitment letters dated May 6,
1997 and February 26, 1998, MARTA formally endorsed the project. The
primary funding source is Congestion Mitigation and Air Quality (CMAQ)
funds from the Department of Transportation (DOT).
This project is included in the Atlanta Interim Transportation Plan
(ITIP) contingent upon approval in the SIP. Based upon the schedule
provided for in the ITIP, the rider share incentive program with Marta
will be implemented in a timely manner and given funding priority. The
schedule for implementation of this project, provides for the
distribution of transit incentives to new potential riders in the
spring of 1998, assuming a spring approval of this TCM into the SIP.
The estimated emission benefits occur in December 1999 when the
incentive program has totally distributed incentives to new potential
riders. This schedule of implementation will be adjusted accordingly
from the effective date of this rulemaking.
Ridershare Program
This project is referred to as AR-220 and is a lump sum eligible to
all colleges and universities with the 10 county ARC region. The intent
is to provide start-up funds for a student and staff based ridershare
program to encourage car and van pooling. An emissions analysis
performed by the Atlanta Regional Commission (ARC) indicated that this
project will result in reductions of volatile organic compounds (VOCs)
and oxides of nitrogen (NOX) in the 13-county Atlanta ozone
nonattainment area.
This project was formally endorsed by the Atlanta Regional
Commission (ARC) in letters dated May 6, 1997 and March 2, 1998. The
primary funding source for this project is CMAQ funds from the DOT.
This project is included in the Atlanta Interim Transportation Plan
(ITIP) contingent upon approval in the SIP. Based upon the schedule
provided for in the ITIP, the university rider share program will be
implemented in a timely manner and given funding priority. The schedule
for implementation, based upon a spring 1998 authorization, provides
for the
[[Page 23389]]
phase-in of Ridershare programs at participating schools in later
1998--early 1999. The Atlanta Regional Commission Task Force held
meeting with participating schools in February 1998 to discuss
implementation of the Ridershare programs. Complete implementation of
the Ridershare programs will be in late 199??? with estimated emission
benefits occuring in December 2005. Again, the schedule will be
adjusted accordingly to the effective date of this rulemaking action.
Transportation Management Associations
Referred to as project AR 221 is to set up a ``pot'' of funds set
aside specially to assist in the development of transportation
management associations and start-up ridershare services in the areas
that are considered to be highly congested throughout the Region. ARC's
Commute Connections staff will develop a selection process to identify
those activity centers where the money would be best spent. An
emissions analysis performed by the ARC indicated that this project
will result in reductions of volatile organic compounds (VOCs) and
oxides of nitrogen (NOX) in the 13-county Atlanta ozone
nonattainment area.
This project was formally endorsed by the ARC in letters dated May
6, 1997, and March 2, 1998. The primary funding source for this project
is CMAQ funds from the DOT.
This project is included in the Atlanta Interim Transportation Plan
(ITIP) contingent upon approval in the SIP. Based upon the schedule
provided for in the ITIP, the Clifton Corridor TMA, Perimeter Center
TMA and Buckhead TMA will be fully operational in spring 1998. The
remaining two TMAs are estimated to become operational in January 2000-
2003. It is anticipated that limited transportation improvements in the
FY 1998-2000 ITIP and resulting traffic congestion will encourage the
development of TMAs in the Atlanta region.
This SIP revision request thus meets the requirement for a TCM, as
defined in section 108 of the Act.
III. USEPA Action
EPA is approving the aforementioned changes to the SIP. The Agency
has reviewed this request for revision of the Federally-approved State
implementation plan for conformance with the provisions of the 1990
amendments enacted on November 15, 1990. The Agency has determined that
this action conforms with those requirements.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective June
15, 1998 without further notice unless the Agency receives relevant
adverse comments by May 29, 1998.
If the EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule did
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. Only parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on June 15, 1998 and no further action will be
taken on the proposed rule.
EPA has determined that today's rule falls under the ``good cause''
exemption in section 553(d)(3) of the Administrative Procedures Act
(APA) which, upon finding ``good cause,'' allows an agency to make a
rule effective prior to the 30-day delayed effective date otherwise
provided for in the APA. Today's rule simply approves nonregulatory
transportation control measures.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP approval does not impose any new requirements, the Regional
Administrator certifies that it does not have a significant impact on
any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the CAA, preparation of a flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2) and 7410(k)(3).
C. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
private sector, of $100 million or more. Under Section 205, EPA must
select the most cost-effective and least burdensome alternative that
achieves the objectives of the rule and is consistent with statutory
requirements. Section 203 requires EPA to establish a plan for
informing and advising any small governments that may be significantly
or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
D. Submission to Congress and the General Accounting Office
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
[[Page 23390]]
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. However, section 808 provides
that any rule for which the issuing agency for good cause finds (and
incorporates the finding and a brief statement of reasons therefor in
the rule) that notice and public procedure thereon are impracticable,
unnecessary or contrary to the public interest, shall take effect at
such time as the agency promulgating the rule determines. 5 U.S.C.
808(2). As stated previously, EPA has made such a good cause finding,
including the reasons therefore, and established an effective date of
June 15, 1998. EPA will submit a report containing this rule 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 29, 1998. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Carbon monoxide,
Hydrocarbons, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: April 6, 1998.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
Part 52 of chapter I, title 40, Code of Federal Regulations, is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart L--Georgia
2. Section 52.582 is amended by designating the existing text as
paragraph (a) and adding paragraph (b) to read as follows:
Sec. 52.582 Control strategy: Ozone.
* * * * *
(b) On August 29, 1997, Harold F. Reheis, Director, Georgia
Department of Natural Resources submitted to John Hankinson, Regional
Administrator, United States Environmental Protection Agency Region IV,
a State Implementation Plan revision including the following
transportation control measures.
(1) HOV Lane--This project referred to as AR 073B is the addition
of HOV lanes on I-85 from Chamblee-Tucker Road to State Route 316.
(2) Ridershare Program--This project is referred to as AR-220 and
is a lump sum eligible to all colleges and universities with the 10
county ARC region.
(3) Transportation Management Associations--Referred to as project
AR 221 is to set up a ``pot'' of funds set aside specially to assist in
the development of transportation management associations and start-up
ridershare services in the areas that are considered to be highly
congested throughout the Region.
(4) MARTA Transit Incentives Program--This project is referred to
as AR-231.
[FR Doc. 98-11378 Filed 4-28-98; 8:45 am]
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