[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 (NO<INF>X</INF>) 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 NO<INF>X</INF> 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 (NO<INF>X</INF>) 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 (NO<INF>X</INF>) 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

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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]
BILLING CODE 6560-50-P