[Federal Register Volume 63, Number 121 (Wednesday, June 24, 1998)]
[Rules and Regulations]
[Pages 34300-34302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16801]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[GA-035-2-9815a; FRL-6115-1]


Approval and Promulgation of Implementation Plans Georgia: 
Approval of Revisions for a Transportation Control Measure

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 State through the Department of Natural 
Resources (DNR) on August 29, 1997, requesting the incorporation of 
several transportation control measures (TCMs) into the SIP and the 
deletion of two TCMs from the existing SIP. This action only addresses 
the incorporation of one of the five TCMs submitted for approval into 
the SIP. Action was taken on the other TCMs in a separate rulemaking. 
The subject of this action is an alternative fuel refueling station/
park and ride transportation center project located in Douglas County.

DATES: This final rule is effective August 10, 1998 unless adverse or 
critical comments are received by July 24, 1998. Should the Agency 
receive such comments, it will publish in the Federal Register a timely 
withdrawal of the direct final rule informing the public that this rule 
did not take effect.

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.

Environmental Protection Agency, Region 4 Air Planning Branch, 61 
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.


[[Page 34301]]


SUPPLEMENTARY INFORMATION:

I. Background

    Section 108(e) of the Clean Air Act, as amended in 1990 (the Act), 
provides 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 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 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, the State of Georgia through the DNR submitted 
to the EPA a request to approve five Atlanta TCMs into the SIP, 
specifically, the addition of a High Occupancy Vehicle (HOV) lane, an 
employer-based transit subsidy program, a university rideshare program, 
development of transportation management associations, and an 
alternative fuel refueling station/park and ride transportation center. 
In addition, the State requested the removal of two existing TCMs 
because they will not be implemented. These TCMs include five express 
bus routes on Cobb Community Transit and two park and ride lots on Cobb 
Community Transit routes. A public hearing on the proposed SIP revision 
was held on August 27, 1997. The SIP submission was found complete by 
EPA in a letter dated October 27, 1997.
    The alternative fuel refueling station/park and ride transportation 
center TCM for the Atlanta Metropolitan Area is described below. An 
emissions analysis of this TCM was performed which demonstrated that an 
emission benefit would result from the implementation of this TCM. 
Although the State has requested that the TCM be approved in the SIP, 
no emissions credit is being claimed in the SIP for the measure. 
Therefore, the emissions analysis was reviewed only to determine that 
no further air quality degradation would result from the implementation 
of this TCM. EPA's review determined that the data assumptions and 
calculations provided reasonable assurance that an air quality benefit 
would occur.
    Alternative Fuel Station/Multi-Modal Transportation Center. This 
project is referenced as DO-AR 211. A multi-modal/park and ride 
transportation center, which includes an alternative fuel refueling 
station, will offer service to the Douglas County vehicle fleets, buses 
and vanpools. The Douglas County Rideshare Program, that will manage 
the facility, currently operates 14 vanpools with 15 additional 
vanpools anticipated in the future. The Douglas County Board of 
Commissioners committed to implement the alternative fuel refueling 
station in conjunction with the construction of the multi-modal 
transportation center. An emissions analysis performed by the Atlanta 
Regional Commission (ARC) indicated that this project will result in 
reductions of emissions of volatile organic compounds (VOCs) and oxides 
of nitrogen (NOX) in the 13-county Atlanta ozone 
nonattainment area by reducing congestion, reducing use of single 
occupancy vehicles and improving traffic flow.
    This project was formally endorsed by the Douglas County Board of 
Commissioners in letters dated April 15, 1997 and February 27, 1998. 
The primary funding sources for this project are congestion Mitigation 
and Air Quality funds and a grant from the Georgia Environmental 
Facilities Authority.
    This project is included in the Atlanta Interim Transportation 
Improvement Program (ITIP) contingent upon approval in the SIP. Based 
upon the schedule provided for in the ITIP, the multi-modal center and 
alternative fuel refueling station will be implemented in a timely 
manner and given funding priority. The alternative fuel refueling 
station and park and ride lot are scheduled for completion in December 
1999.

III. EPA Action

    EPA is approving the aforementioned changes to the SIP. The Agency 
has reviewed this request for revision of the Federally-approved SIP 
for conformance with the provisions of the 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 August 
10, 1998 without further notice unless the Agency receives relevant 
adverse comments by July 24, 1998.
    If the EPA receives such comments, then EPA will publish a notice 
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. Any 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 August 10, 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 non regulatory 
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. Executive Order 13045

    This final rule is not subject to Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety 
Risks, because it is not an ``economically significant'' action under 
Executive Order 12866.

C. 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

[[Page 34302]]

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).

D. 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.

E. 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 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 therefore 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 August 10, 
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).

F. 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 August 24, 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: June 10, 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 adding paragraph (b)(5) to read as 
follows:


Sec. 52.582  Control strategy: Ozone.

* * * * *
    (b) * * *
    (5) Alternative Fuel Refueling Station/Park and Ride Transportation 
Center--This project is referred to as DO-AR-211.
[FR Doc. 98-16801 Filed 6-23-98; 8:45 am]
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