[Federal Register Volume 64, Number 249 (Wednesday, December 29, 1999)]
[Rules and Regulations]
[Pages 72938-72940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33527]


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[[Page 72939]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[GA 34-9919(c), GA25-1-9805(c); FRL-6515-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Georgia; 15 Percent Rate-of-Progress Plan and 9 Percent Rate-of-
Progress Plan for the Atlanta Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule clarification.

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SUMMARY: This action clarifies two final rules which were published on 
March 18, 1999, and April 26, 1999. This action pertains to the State 
Implementation Plan (SIP) revisions submitted by Georgia on November 
15, 1993, consisting of the 15 percent Rate-of-Progress Plan for the 
Atlanta ozone nonattainment area, which was amended on June 17, 1996, 
and the Post 1996 Rate-of-Progress Plan (9 Percent Plan) for the 
Atlanta ozone nonattainment area, also submitted on June 17, 1996.

EFFECTIVE DATE: This rule is effective December 29, 1999.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Region 4, Air, 
Pesticides and Toxics Management Division, Air Planning Branch at (404) 
562-9042.

SUPPLEMENTARY INFORMATION:

Background

    On March 18, 1999, (64 FR 13348) and April 26, 1999, (64 FR 20186), 
EPA published a final rule approving the 15 Percent Plan and 9 Percent 
Plan SIP revisions respectively. These SIP revisions were submitted by 
the Georgia Environmental Protection Division (GAEPD) on November 15, 
1993, and amended on June 17, 1996, for the Atlanta ozone nonattainment 
area.

Need for Clarification

    On March 18, 1999, and April 26, 1999, EPA granted final 
conditional approval of the 15 Percent Plan SIP revision for the 
Atlanta ozone nonattainment area and final approval of the 9 Percent 
Plan SIP revision. These documents identify various control programs 
which constitute the reductions GAEPD used to demonstrate a 15 percent 
reduction in emissions of volatile organic compounds and a 9 percent 
reduction in nitrogen oxides. Transportation control measures (TCMs) 
were listed as one of the types of control programs in both actions. 
However, the rulemaking actions did not specifically state which TCMs 
the action approved. This document serves to identify which TCMs are 
approved as part of the 15 Percent Plan and 9 Percent Plan SIP 
revisions.
    Below is a list of the TCMs that are contained in both the 15 
percent and 9 percent SIPs:

1. High Occupancy Vehicle (HOV) lane on I-85 from Chamblee-Tucker Road 
to State Road 316
2. Clean Fuel Vehicles Revolving Loan Program
3. Regional Commute Options Program and HOV Marketing Program
4. HOV lanes on I-75 and I-85 (inside I-285)
5. Two Park and Ride Lots: Rockdale County-Sigman at I-20 and Douglas 
County-Chapel Hill at I-20
6. MARTA Express Bus routes (15 buses)
7. Signal preemption for MARTA routes #15 and #23
8. Improve and expand service on MARTA's existing routes in southeast 
DeKalb County
9. Acquisition of clean fuel buses for MARTA and Cobb County Transit
10. ATMS/Incident Management Program on I-75/I-85 inside I-285 and 
northern ARC of I-285 between I-75 and I-85
11. Upgrading, coordination and computerizing intersections

    In addition, two other TCMs were provided in the 15 Percent Plan 
and 9 Percent Plan revisions that the State has subsequently requested 
be withdrawn. These include five park-and-ride lots and bike and 
pedestrian facilities. These TCMS are being removed because the 
Metropolitan Planning Organization could not clearly identify these 
specific projects by location in the transportation plan and 
improvement program. In order for TCMs to be approved in the SIP, they 
must be included in the transportation plan and improvement program. 
Because these bike and pedestrian facilities and park-and-ride lots are 
not included in the transportation plan and improvement program, EPA 
cannot approve them into the SIP.

What are the consequences of not including these controls?

    The 15 Percent Plan and 9 Percent Plan SIP revisions both provided 
additional emission reductions from the other control program (i.e., 
the TCMs listed above). These emission reductions were not included in 
the calculated demonstration of a 15 percent reduction of volatile 
organic compounds or the demonstration of a 9 percent reduction of 
nitrogen oxides. These ``unclaimed'' emission reductions are greater 
than the amount of credit loss from the five park-and-ride lots (.03 
tons per day of VOC and .04 tons per day of NOx) and the 
bike and pedestrian facilities (.2 VOC and .5 NOx). 
Therefore, the additional emissions reductions of 1.06 tons per day of 
VOC and 19.47 tons per day of NOx which were not claimed are 
sufficient to make up the loss of credit from the two withdrawn TCMs.

Administrative Requirements

Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review.''

Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under 
Executive Order 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it does 
not involve decisions intended to mitigate environmental health or 
safety risks. This rule is not subject to the requirements of the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq., because it does not 
include any information collection requirements. This rule is not 
subject to the requirements of the National Technology Transfer and 
Advancement Act (NTTAA) because it does not include provisions for 
technical standards.

Submission to Congress and the Comptroller General

    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

[[Page 72940]]

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 
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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: December 8, 1999.
Stanley A. 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. Accordingly, Sec. 52.570 is amended by adding paragraph (e) to 
read as follows:


Sec. 52.570  Identification of plan.

* * * * *
    (e) EPA Approved Georgia Nonregulatory Provisions

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                                        Applicable geographic    State submittal date/
 Name of nonregulatory SIP Provision    or nonattainment area        effective date         EPA approval date
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1. High Occupancy Vehicle (HOV) lane   Atlanta Metropolitan     November 15, 1993 and    March 18, 1999 and
 on I-85 from Chamblee-Tucker Road to   Area.                    amended on June 17,      April 26, 1999.
 State Road 316.                                                 1996.
2. Clean Fuel Vehicles Revolving Loan
 Program.
3. Regional Commute Options Program
 and HOV Marketing Program.
4. HOV lanes on I-75 and I-85........
5. Two Park and Ride Lots: Rockdale
 County-Sigman at I-20 and Douglas
 County-Chapel Hill at I-20.
6. MARTA Express Bus routes (15
 buses).
7. Signal preemption for MARTA routes
 #15 and #23.
8. Improve and expand service on
 MARTA's existing routes in southeast
 DeKalb County.
9. Acquisition of clean fuel buses
 for MARTA and Cobb County Transit.
10. ATMS/ Incident Management Program
 on I-75/I-85 inside I-285 and
 northern ARC of I-285 between I-75
 and I-85.
11. Upgrading, coordination and
 computerizing intersections.
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[FR Doc. 99-33527 Filed 12-28-99; 8:45 am]
BILLING CODE 6560-50-P