[Federal Register Volume 65, Number 69 (Monday, April 10, 2000)]
[Proposed Rules]
[Pages 18947-18956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8835]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[GA54--200017; FRL-6574-9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve revisions to the Georgia State 
Implementation Plan (SIP) submitted by the State through the Department 
of Natural Resources on March 29, 2000, requesting incorporation of the 
Atlantic Steel Transportation Control Measure (TCM) into the SIP.

DATES: Comments on EPA's proposed action must be received on or before 
May 10, 2000.

ADDRESSES: All comments should be addressed to: Kay T. Prince, Chief, 
Regulatory Planning Section at the EPA, Region 4 Air Planning Branch, 
61 Forsyth Street, SW, Atlanta, Georgia 30303.
    Copies of the state submittal(s) are available at the following 
addresses for inspection during normal business hours:

Environmental Protection Agency, Region 4, Air Planning Branch, 61 
Forsyth Street, SW, Atlanta, Georgia 30303-8960. Contact Dr. Robert W. 
Goodwin at 404/562-9044.
Georgia Department of Natural Resources, Environmental Protection 
Division, Air Protection Branch, 4244 International Parkway, Suite 136, 
Atlanta, Georgia 30354. 404/363-7000.

FOR FURTHER INFORMATION CONTACT: Dr. Robert W. Goodwin at 404/562-9044, 
E-mail: [email protected]. Information regarding Project XL and 
the Atlantic Steel Final Project Agreement is available via the 
Internet at the following location: ``http://www.epa.gov/ProjectXL''.

SUPPLEMENTARY INFORMATION:

I. Background

    EPA, with the cooperation of State and local authorities, has 
initiated Project XL to work with interested companies to develop 
innovative approaches for addressing environmental issues. Project XL 
encourages companies and communities to come forward with new 
approaches that have the potential to advance environmental goals more 
effectively

[[Page 18948]]

and efficiently than have been achieved using traditional regulatory 
tools.
    Atlantis 16th, L.L.C. (hereafter referred to as Jacoby or the 
developer), a developer in Atlanta, Georgia, has proposed redevelopment 
of a 138-acre site previously owned by Atlantic Steel near Atlanta's 
central business district. The proposed redevelopment is a mix of 
residential and business uses. Project plans include a new 17th Street 
multi-modal (cars, pedestrians, bicycles, transit linkage) bridge that 
would cross over and provide access ramps to and from Interstate-75/85 
(I-75/85) and connect the site to a nearby Metropolitan Atlanta Rapid 
Transit Authority (MARTA) rapid rail mass transit station. Jacoby 
worked intensively with representatives of EPA, the State of Georgia, 
the City of Atlanta, other local authorities, and public stakeholders 
to develop a site-specific Project XL Agreement that will allow 
implementation of the redevelopment. The XL Final Project Agreement was 
signed September 7, 1999.

A. Why Is Project XL Necessary?

    The project site currently suffers from poor accessibility due to 
the lack of a linkage to and across I-75/85 and to the existing MARTA 
transit system in Atlanta. Construction of an interchange and multi-
modal bridge across I-75/85 at or near 17th Street would improve access 
to the site. The bridge would also serve as a vital linkage between the 
Atlantic Steel redevelopment and the MARTA Arts Center station. In 
addition, construction of the 17th Street bridge was one of the City of 
Atlanta's zoning requirements for the redevelopment.
    Jacoby is participating in Project XL for the Atlantic Steel 
redevelopment because neither the 17th Street bridge nor the associated 
I-75/85 access ramps would be able to proceed without the regulatory 
flexibility being allowed by EPA under Project XL. Atlanta is currently 
out of compliance with federal transportation conformity requirements 
because it has not demonstrated that its transportation activities will 
not exacerbate existing air quality problems or create new air quality 
problems in the region. The Clean Air Act (CAA) generally prohibits 
construction of new transportation projects that use federal funds or 
require federal approval in areas where compliance with conformity 
requirements has lapsed. However, projects which are approved as 
Transportation Control Measures (TCMs) in the SIP can proceed--even 
during a conformity lapse. EPA reviews and takes rulemaking action on 
proposed revisions to SIPs, including proposed TCMs to be included in 
SIPs.

B. What Is a TCM?

    A TCM is any measure that is specifically identified and committed 
to in the applicable SIP that is either one of the types listed in 
section 108 of the CAA, or any other measure for the purpose of 
reducing emissions or concentrations of air pollutants from 
transportation sources by reducing vehicle use or changing traffic flow 
or congestion conditions.

C. What Flexibility Is EPA Granting?

    The flexibility Jacoby and the City of Atlanta are seeking through 
Project XL is to regard the entire redevelopment project, including the 
17th Street bridge, as a TCM. The flexibility under Project XL is 
necessary because the redevelopment likely would not qualify as a TCM 
in the traditional sense. There are two components to the flexibility.
    1. The first part of the flexibility is to consider the entire 
Atlantic Steel redevelopment to be a TCM. That is, the redevelopment's 
location, transit linkage, site design, and other transportation 
elements (e.g., provisions for bicyclists; participation in a 
transportation management association (TMA)) are viewed together as the 
TCM. Section 108 of the CAA lists several types of projects that can be 
TCMs, but its language does not limit TCMs to the measures listed.
    2. The second aspect of the flexibility sought under Project XL 
concerns use of an innovative approach to estimate the air quality 
benefit of the Atlantic Steel redevelopment. The redevelopment's air 
quality benefit is estimated relative to an equivalent amount of 
development at other likely sites in the region. This type of 
comparison is available only to this particular redevelopment through 
the Project XL process. The entire Atlantic Steel redevelopment would 
attract new automobile trips and result in new emissions. Therefore, 
redevelopment of the site when considered in isolation would not 
qualify as a TCM in the traditional sense. EPA believes, however, that 
the Atlanta region will continue to grow, and that redevelopment of the 
Atlantic Steel site will produce fewer air pollution emissions than an 
equivalent quantity of development that likely would occur at other 
potential sites in the region, if the Atlantic Steel redevelopment were 
not to occur.

D. Why Is This Flexibility Appropriate?

    EPA believes the flexibility described above is appropriate for 
this project because of the combination of unique elements of the site 
and the redevelopment listed below. In the absence of these elements, 
EPA would be unlikely to approve this project as a TCM.
    1. The site is a brownfield. An accelerated clean-up of the site 
will occur if this TCM is implemented. The clean-up and redevelopment 
of the former industrial site aligns with EPA's general efforts to 
encourage clean-up and reuse of urban brownfields.
    2. The site has a regionally central, urban location. Redeveloping 
this property will result in a shift of growth to Midtown Atlanta from 
the outer reaches of the metropolitan area. Because of the site's 
central location, people taking trips to and from the site will be 
driving shorter average distances than those taking trips to and from a 
development on the edge of the city. Shorter driving distances will 
result in fewer emissions.
    3. The redevelopment plan includes a linkage to MARTA. This linkage 
would make it possible for those who work at the site to commute 
without a car and would serve residents of Atlantic Steel as well as 
residents of surrounding neighborhoods. In addition, the transit link 
is valuable for those coming to the site for non-work purposes, such as 
dining, shopping, and entertainment.
    4. The redevelopment plan incorporates many ``smart growth'' site 
design principles. These principles include features which promote 
pedestrian and transit access rather than exclusive reliance on the 
car. The redevelopment will avoid creating areas that are abandoned and 
unsafe in the evening, hotels and offices will be within walking 
distance of shops and restaurants, shops that serve local needs will be 
within walking distance of both the Atlantic Steel site and the 
adjacent neighborhoods, and wide sidewalks will encourage walking and 
retail use. Jacoby has also responded to the adjacent neighborhood's 
request for public parks, designating public space to central locations 
rather than relegating it to the edge.
    5. The redevelopment plan incorporates many elements that could 
qualify as TCMs by themselves. In addition to other features, such as 
the linkage to mass transit, the redevelopment will participate in a 
TMA. The TMA may participate with the City of Atlanta and Jacoby in 
monitoring the transportation performance of the redevelopment by 
collecting travel-related data on an annual basis.
    With the exception of the site's accelerated clean-up, all of these 
elements will have an impact on transportation decisions of people who 
begin and/or end trips in the Atlantic

[[Page 18949]]

Steel site. The combination of the site's location in a central urban 
area, connection to the existing transit system, design that promotes 
pedestrian access, participation in a TMA, and provision of bicycle and 
pedestrian conveniences are expected to work together to reduce growth 
in auto traffic in the Atlanta region. The redevelopment could 
demonstrate that the application of smart growth concepts can make a 
difference in travel patterns. Therefore, EPA is proposing to use the 
regulatory flexibility under Project XL to approve the Atlantic Steel 
redevelopment and its associated transportation projects as a TCM.

II. Analysis of State's Submittal

    On March 29, 2000, the State of Georgia through the Department of 
Natural Resources submitted to EPA a request to approve the Atlantic 
Steel TCM into the SIP. A public hearing on the proposed SIP revision 
was held on September 30, 1999.
    EPA's policy establishes six criteria that a TCM must meet before 
it can be considered for approval in the SIP. These criteria are 
contained in the September 1990 report entitled ``Transportation 
Control Measures: State Implementation Plan Guidance.'' These six 
criteria are addressed in the following six sections.

A. Complete Description of the Measure and Its Estimated Emissions 
Reduction Benefits

    Current plans for redevelopment of the 138-acre Atlantic Steel site 
include 1.6 million ft\2\ of retail space, 4.0 million ft\2\ of office 
space, 2885 residential units, 1150 hotel rooms, and 1.5 million ft\2\ 
of high tech office space to be built in three phases over 
approximately ten years. The final site design may change from the 
current design site provided in the March 29, 2000, submittal, however 
the SIP revision requires the final site design to meet or exceed 
certain criteria for overall density, transit-oriented density, 
activity diversity, and external street connectivity.
    The City of Atlanta has established 27 zoning conditions on the 
Atlantic Steel property that are included as part of the SIP revision, 
requiring Jacoby to complete certain activities, several of which are 
related to implementation of the TCM. Relevant conditions include: 
development and appropriate phasing of residential and non-residential 
components of the project; development of 17th Street as a mixed use 
street; construction of bicycle lanes; creation of and maintenance of 
open space; incorporation of a transit connection to the MARTA Arts 
Center station from the site; development of a transportation 
management plan, including support for and participation in a TMA; and 
the necessity of having the 17th Street bridge under contract for 
construction before building permits are issued for the site. The SIP 
revision requires that the zoning conditions apply to the current 
developer and all subsequent developers of the property. The conditions 
help ensure that the site design maximizes pedestrian and bicycle 
connectivity, transit connections, and activity diversity. Before 
construction occurs, the zoning conditions require Jacoby to submit a 
site plan to the Bureau of Buildings of the City of Atlanta for 
approval. The zoning conditions are described in more detail in section 
II.E below.
    A multi-modal bridge will be constructed that will connect the site 
to Midtown Atlanta and the MARTA Arts Center station on the east side 
of I-75/85 at or near 17th Street. The SIP revision requires the bridge 
to be designed to accommodate potential future rail transit, with 
dedicated transit lanes and adequate widths for dedicated sidewalks and 
bicycle lanes. The bridge will also include ramps connecting to I-75/
85.
    The SIP revision requires Jacoby to provide an interim rubber tire 
shuttle service connecting the Atlantic Steel site with the MARTA Arts 
Center Station utilizing the multi-modal bridge. The SIP revision 
requires the service to begin operation immediately after construction 
of the 17th Street bridge. The SIP revision requires that the duration 
of this obligation is for ten years from the date that the 17th Street 
bridge opens to traffic or until an appropriate entity operates a fixed 
mass transit link providing a similar level of service, whichever 
occurs first. The SIP revision requires the shuttle to complement the 
hours of service and headways of fixed transit serving the MARTA Arts 
Center station, operating on a dedicated transit lane with a projected 
minimum headway of four minutes and a projected maximum headway of 
eight minutes, and that it will be designed to reduce the number of 
single occupant trips made to the site. The SIP revision requires the 
shuttle to provide the most direct and closest access practicable to 
the anticipated on-site high-density office building development, and, 
at a minimum, comply with all requirements of the Americans with 
Disabilities Act related to operation of a transit system. The shuttle 
system may consist of electric and alternatively fueled buses.
    To estimate the air emissions impacts of the Atlantic Steel TCM, 
EPA, in consultation with stakeholders including the Federal Highway 
Administration (FHWA), the Atlanta Regional Commission (ARC), and local 
citizen's groups, undertook three analyses: Regional transportation and 
air emissions impacts; local hot spot impacts; and site level travel 
impacts. The results of these analyses are included in the SIP revision 
in the May 10, 1999, report entitled ``Transportation and Environmental 
Analysis of the Atlantic Steel Development Proposal.'' The ARC 
Interagency Consultation Group, comprised of staff from Federal, state, 
and local transportation and air quality planning agencies in the 
Atlanta nonattainment area, approved the modeling methodology EPA used 
to estimate the emissions benefits of the proposed Atlantic Steel TCM 
at its February 12, 1999, and May 5, 1999, meetings.
    To analyze the transportation and air emissions impacts of locating 
new development at the Atlantic Steel site, EPA used ARC's regional 
transportation model and the MOBILE5 emissions factor model to compare 
the Atlantic Steel site to three other possible development locations 
for similar-scale development in the Atlanta region. EPA's evaluation 
of the Atlantic Steel site's impacts is predicated on two assumptions: 
First, Atlanta will continue to grow over the next 20 years. Second, 
without redeveloping the 138-acre Atlantic Steel site, more of this 
growth will locate in outlying areas.
    Analysis of regional transportation and air impacts of the proposed 
Atlantic Steel redevelopment indicates that absorbing a portion of 
Atlanta's future growth at the Atlantic Steel site would create less 
travel and fewer emissions than developing likely alternative sites. 
The study estimates that by the year 2015 the Atlantic Steel 
redevelopment would generate roughly 0.2-0.3 tons per day fewer 
emissions of oxides of nitrogen, and 1.1-1.2 tons per day fewer 
emissions of volatile organic compounds, both precursors to ground-
level ozone formation, than comparable developments at other likely 
sites in the Atlanta region. However, no emissions credit is being 
claimed by the State of Georgia in the SIP revision for the Atlantic 
Steel TCM relative to current emissions levels.
    EPA analyzed whether additional traffic resulting from the 
redevelopment of Atlantic Steel would cause carbon monoxide hot spots, 
i.e., localized levels of carbon monoxide exceeding the National 
Ambient Air Quality

[[Page 18950]]

Standards. The analysis indicates that the redevelopment would create 
no violations of the standards.
    Finally, EPA analyzed the transportation and air emissions impacts 
of the proposed redevelopment's site design. EPA evaluated three 
designs for the Atlantic Steel site: The design submitted at the time 
of the Project XL application by Jacoby; a design commissioned by EPA 
and created by Duany Plater-Zyberk & Co. (DPZ), a leading town planning 
firm; and a redesign by Jacoby that incorporates aspects of the DPZ 
design. The designs differ substantially in ways that affect travel 
behavior and therefore emissions. Compared to Jacoby's original design, 
the DPZ design and Jacoby's redesign excel in three areas in 
particular. First, they improve the mix of uses on-site by integrating 
them at a finer scale. Second, they provide better connectivity both 
on- and off-site. Third, the pedestrian environment is improved through 
street design that includes more direct routing and slower traffic 
speeds. The current site design is essentially Jacoby's redesign.
    In summary, EPA analyzed the impacts of development location and 
design on regional vehicle miles traveled (VMT) and emissions. EPA 
found that the most regionally central, most transit-accessible, and 
most pedestrian-friendly location and site design combinations--those 
at the Atlantic Steel location--produced the least VMT, emissions, and 
other environmental impacts. The SIP revision requires the final site 
design to meet or exceed certain criteria that were derived, in part, 
from EPA's analysis. The site design criteria help ensure that the 
redevelopment will contain the high density, mixed use, transit- and 
pedestrian-friendly components EPA studied.
    EPA finds that the City of Atlanta and State of Georgia have met 
this criterion by providing a complete description of the measure and 
its estimated emissions reduction benefits.

B. Evidence That the Measure Was Properly Adopted by a Jurisdiction 
With Legal Authority To Commit to and Execute the Measure

    The City of Atlanta is the sponsor of the Atlantic Steel TCM and is 
responsible for implementing and monitoring the project according to 
the criteria and schedule in the SIP revision. This commitment is 
evidenced by a letter contained in the SIP revision dated June 22, 
1999, from the Honorable Michael A. Dobbins, Commissioner of Planning, 
Development, and Neighborhood Conservation for the City of Atlanta, to 
Mr. Harry West, Executive Director of ARC.
    In addition, the SIP revision contains a copy of the resolution 
approved by the ARC Board on June 23, 1999, in which the proposed 
Atlantic Steel TCM was adopted as part of the Interim Atlanta Region 
Transportation Improvement Program, Fiscal Years 2000-2002.
    EPA finds that the City of Atlanta and State of Georgia have met 
this criterion by providing sufficient evidence that the measure was 
properly adopted by a jurisdiction with legal authority to commit to 
and execute the measure.

C. Evidence That Funding Has Been (Or Will Be) Obligated To Implement 
the Measure

    Although not a direct transportation/air quality component, 
remediation of the site is a necessary precondition for development. 
Presently, the estimated cost of remediation is $10 million, which will 
be paid by the sellers of the property with funds from the purchase 
price.
    The value of the land after remediation is conservatively estimated 
at $1 million per acre. Of the 138 acres, 47 acres to the west of I-75/
85 are scheduled for right-of-way acquisition. The SIP revision 
requires that, as appropriate, right-of-way for streets, sidewalks, 
transit, bicycle lanes and open space will be dedicated by Jacoby 
without cost. The SIP revision requires Jacoby to provide right-of-way 
in the development to MARTA or other acceptable entity for the 
construction of a transit linkage connecting the Atlantic Steel site to 
the MARTA Arts Center station. The estimated value of the right-of-way 
dedication is $47 million.
    The SIP revision identifies several financing mechanisms available 
to assist with funding for construction of roads, sidewalks and bicycle 
lanes. The SIP revision includes an ordinance adopted by the City of 
Atlanta calling for the collection of Transportation Impact Fees. Fees 
are based upon a cost per peak hour VMT less property tax credit 
assessed on an amount of square feet for different building types. 
Jacoby can request a waiver of impact fees of similar magnitude 
provided the improvements are made as part of the project. Fees are 
collected at the time a building permit is issued. Appropriate 
expenditures of fees include projects that promote pedestrian activity, 
bicycling, mass transit and other alternatives to automobile 
transportation. As per the current site plan, Transportation Impact 
Fees for phase one of the project are approximately $2.8 million. 
Estimates based upon phase two and phase three development plans are 
approximately $9.7 million.
    An alternative method of financing improvements identified and 
included in the SIP revision is the Atlantic Steel Brownfield Area and 
Tax Allocation District Number Two (BATAD#2). The BATAD#2 was approved 
by the Atlanta City Council on October 4, 1999, and signed by the Mayor 
of the City of Atlanta on October 5, 1999. The BATAD#2 will issue bonds 
against anticipated revenues to pay for infrastructure improvements. 
The BATAD#2 will continue in existence for 25 years. The estimated tax 
increment base set by the City of Atlanta is $7.5 million. This 
leverages approximately $75 million.
    Current estimates for the construction of roads, sidewalks and 
sewers to the west of I-75/85 are $15 million; preliminary 
architectural and engineering costs are estimated to be $12 million. 
The SIP revision establishes that funding for the various 
infrastructure improvements associated with redevelopment of the 
Atlantic Steel site will be achieved through either imposition of 
Transportation Impact Fees or by the BATAD#2, as described above.
    The cost of the 17th Street bridge is estimated to be approximately 
$53 million, with an additional $25 million to purchase required right-
of-way and easement for that area of the project beyond the Atlantic 
Steel development site. The Georgia Department of Transportation (GDOT) 
has committed to fund all construction costs (which includes the local 
matching funds) for the western section of 17th Street starting at the 
railroad bridge and extending to Northside Drive, the 17th Street 
bridge interchange, including the bridge ramps, frontage road 
relocations, associated intersections and approaches for 17th Street at 
Spring Street and West Peachtree Street, and the possible 
reconstruction of the 14th Street bridge over I-75/85. GDOT will 
reserve and assign funding to ARC and provide the local match for 
construction of the 17th Street bridge. GDOT will also fund utility 
relocations. In addition, GDOT will place the 17th Street corridor from 
Northside Drive to Spring Street and West Peachtree Street on the 
temporary state system. This will enable GDOT to finance the purchase 
of the required right-of-way and easement for that area of the project 
beyond the Atlantic Steel development site. These commitments by GDOT 
are part of the SIP revision and are evidenced by: (1) A letter from 
GDOT Commissioner Wayne Shackelford to City of Atlanta Commissioner 
Michael A. Dobbins

[[Page 18951]]

dated February 5, 1999; (2) a GDOT interdepartment correspondence from 
Joseph P. Palladi to Commissioner Wayne Shackelford dated January 31, 
2000; and (3) a letter from Commissioner Wayne Shackelford to City of 
Atlanta Mayor Bill Campbell dated March 7, 2000.
    There are also operating costs associated with the development of 
the TCM. This includes the cost of operating an interim shuttle service 
to satisfy transit obligations. Exclusive of right-of-way, hard costs 
associated with the shuttle service are estimated at $2.68 million; 
annual operations are estimated to be approximately $1.88 million. The 
SIP revision requires the cost of the shuttle to be borne by Jacoby.
    A TMA is to be formed for the Midtown area of the City of Atlanta. 
The purpose of the TMA is to gather information on performance measures 
to be submitted to ARC for evaluation of emissions benefits, as well as 
to manage alternative transportation programs within the Atlantic Steel 
site. Start-up costs for the TMA are estimated to be $150,000. Annual 
operating costs will be in the range of $250,000. The SIP revision 
requires Jacoby to assist with initial financial support for the TMA. 
As the TMA progresses, participants (i.e. employers, property managers) 
will pay dues to support the operation of the organization. The TMA may 
also be funded by the BATAD #2.
    Estimated project costs and funding sources identified in the SIP 
revision are included in Tables 1 through 4 below.

                         Table 1.--On-Site Transportation Infrastructure Cost Estimates
----------------------------------------------------------------------------------------------------------------
                   Component                     Estimate  (in millions)             Funding source(s)
----------------------------------------------------------------------------------------------------------------
Streets, Sidewalks, Transit Lanes (Right of                          $40  Developer.
 Way).
Streets, Sidewalks, Transit Lanes                                     15  BATAD #2 Impact Fees.
 (Construction).
Utilities......................................                        9  BATAD #2 Impact Fees.
Public Amenities...............................                       24  BATAD #2 Impact Fees.
                                                ----------------------------------------------------------------
      Total....................................                       88
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                                   Table 2.--17th Street Bridge Cost Estimates
----------------------------------------------------------------------------------------------------------------
                     Phase                       Estimate  (In millions)             Funding source(s)
----------------------------------------------------------------------------------------------------------------
Right of Way (Off Site)........................                      $25  GDOT, Federal.
Preliminary Engineering and Design.............                        4  Developer.
Construction...................................                       53  GDOT, Federal.
                                                ----------------------------------------------------------------
      Total....................................                       82
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                                    Table 3.--Transit Capital Cost Estimates
----------------------------------------------------------------------------------------------------------------
                   Component                     Estimate  (In millions)             Funding source(s)
----------------------------------------------------------------------------------------------------------------
Shuttle Stations...............................                    $0.52  Developer.
Shuttle Stops..................................                     0.36  Developer.
Fleet..........................................                      1.8  Developer.
                                                ----------------------------------------------------------------
      Total....................................                     2.68
----------------------------------------------------------------------------------------------------------------


                                Table 4.--Transit Annual Operating Cost Estimate
----------------------------------------------------------------------------------------------------------------
                   Component                     Estimate  (in millions)              Funding source
----------------------------------------------------------------------------------------------------------------
Annual Operating Cost..........................                    $1.88  Developer.
----------------------------------------------------------------------------------------------------------------

    EPA finds that the City of Atlanta and State of Georgia have met 
this criterion by providing sufficient evidence that funding has been 
(or will be) obligated to implement the measure.

D. Evidence That All Necessary Approvals Have Been Obtained From All 
Appropriate Government Entities

    The Georgia Environmental Protection Division (EPD) finalized 
approval of the site remediation plan as evidenced by a letter from the 
Director of EPD, Mr. Harold F. Reheis, to Mr. Jesse J. Webb, Chief 
Executive Officer of Atlantic Steel Industries, and Mr. Hilburn O. 
Hillstead, Vice President of Atlantis 16th, L.L.C., dated December 10, 
1999.
    The City of Atlanta approved the rezoning of the Atlantic Steel 
property on April 13, 1998. The City approved the Transportation Impact 
Fees ordinance on June 12, 1994. The City approved the BATAD #2 on 
October 5, 1999. Fulton County approved the BATAD #2 on November 3, 
1999. The Atlanta Board of Education approved the BATAD #2 on December 
13, 1999. These approvals are evidenced by copies of the relevant 
ordinances and the BATAD#2, which are included in the SIP revision.
    Implementation of the TCM will require approval of an Interchange 
Modification Report for the 17th Street bridge and approval of the 
National Environmental Policy Act document by FHWA. Because Atlanta is 
currently in a transportation conformity lapse, these approvals cannot 
take place until EPA approves the Atlantic Steel TCM SIP revision. FHWA 
is committed to working with all appropriate agencies to approve these 
documents once this SIP is approved.

[[Page 18952]]

    EPA finds that the City of Atlanta and State of Georgia have met 
this criterion by providing sufficient evidence that all necessary 
approvals have been or will be obtained from all appropriate government 
entities.

E. Evidence That a Complete Schedule To Plan, Implement, and Enforce 
the Measure Has Been Adopted by the Implementing Agency or Agencies

    The SIP revision contains the TCM implementation schedule listed in 
Table 5.

                    Table 5.--Implementation Schedule
------------------------------------------------------------------------
                         Timeframe and activity
-------------------------------------------------------------------------
01/01/2000-12/31/2000:
    Complete remediation and infrastructure.
    Begin design of bridge.
    Begin Phase I vertical development.
01/01/2001-12/31/2001:
    Complete bridge design.
    Begin bridge construction.
01/01/2002-12/31/2003:
    Complete bridge construction.
    Complete Phase I vertical development.
        Retail--1.2 million ft\2\.
        Office--1.0 million ft\2\.
        Residential--1,000 units.
        Hotel--383 rooms.
        High Tech--0.5 million ft\2\.
01/01/2004-12/31/2005:
        Complete Phase II vertical development:
        Retail--0.3 million ft\2\--Total: 1.5 million ft\2\.
        Office--0.5 million ft\2\--Total: 1.5 million ft\2\.
        Residential--600 units--Total: 1,600 units.
        Hotel--192 rooms--Total: 575 rooms.
        High Tech--0.5 million ft\2\--Total: 1.0 million ft\2\.
01/01/2006-build-out\1\:
    Complete Phase III vertical development:
        Retail--0.1 million ft\2\--Total: 1.6 million ft\2\.
        Office--2.5 million ft\2\--Total: 4.0 million ft\2\.
        Residential--1285 units--Total: 2885 units.
        Hotel--575 rooms--Total: 1150 rooms.
        High Tech--0.5 million ft\2\--Total: 1.5 million ft\2\.
------------------------------------------------------------------------
\1\ The build out projections will vary. These numbers relate to the
  BATAD#2 projections.

    This is a non-traditional TCM. It includes aspects which, if 
considered alone, may qualify as TCMs and other aspects which would not 
by themselves qualify as TCMs, but contribute to anticipated air 
quality benefits through this project. The resulting TCM is complex and 
requires a non-traditional analysis by EPA. Normally, EPA's review 
would focus on whether a sponsoring agency of a proposed TCM has 
sufficient legal authority, procedures and resources to complete a 
particular project. For a vanpool or high occupancy vehicle lane 
project, for example, this inquiry is fairly straightforward. For this 
project, with its overlap of land use, site design, mass transit and 
pedestrian elements, the inquiry is broadened considerably.
    All of the parts of this TCM cannot be accomplished with a single 
piece of legislation or a single agreement. The City of Atlanta has 
therefore adopted a multi-faceted approach which has been tailored to 
accomplish the goal of turning an urban brownfield site into a mixed-
use community which encourages and facilitates alternative modes of 
transportation. The two central pieces of this strategy are the zoning 
conditions applicable to this site adopted by the City and the creation 
of the BATAD#2, which allows for the reinvestment of tax revenues from 
the site to pay for the necessary infrastructure improvements. The 
following is a discussion of how the BATAD#2 and zoning conditions will 
allow the City of Atlanta to plan, implement, and enforce the necessary 
components of this TCM.
    At the request of Jacoby, and with the support of the affected 
neighborhood groups, on April 13, 1998, the City of Atlanta adopted 27 
special zoning conditions for the Atlantic Steel site that go beyond 
the zoning conditions typically adopted by the City. The SIP revision 
contains evidence that these conditions have been fully adopted by the 
City. Specific conditions which EPA believes support this project being 
classified a TCM include the following:
    1. Rezone the property to C-4-C (mixed use) classification. By 
allowing a mix of uses the site design will limit trips as persons who 
work or live at the site will have retail and entertainment 
opportunities nearby.
    2. The property will be developed in accordance with the ``Use 
Diagram'' filed with the City which includes right-of-way for bicycle 
lanes, sidewalks, mass transit lines and greenspace. It also limits the 
uses available in certain sensitive areas of the site to help maintain 
a desirable quality of life for residents.
    3. The development will be subject to restrictive covenants which 
will provide for maintenance of open space areas and architectural 
control on all buildings through an architectural review board, which 
will include representatives from neighboring Home Park and Loring 
Heights. This condition will help provide and keep up greenspace as 
well as ensure a desirable quality of life for residents and visitors.
    4. The developer will work with the City and neighborhood groups to 
limit cut-through traffic in designated areas by use of cul-de-sacs and 
traffic calming devices. This condition will promote pedestrian 
activity.
    5. There will be at least seven acres of open space which will 
include a lake and landscaped areas as indicated in the ``Primary 
Residential'' area of the diagram. This condition will help create a 
pedestrian-friendly atmosphere.
    6. Design standards with dimensions for streetscape, pedestrian and 
bike paths will be implemented as depicted on the drawing and will be 
installed concurrently with the street system. This condition will help 
ensure that non-automobile access is prioritized concurrently with road 
construction.
    7. No ``at-grade'' crossing over the railroad line at Mecaslin 
Street will be utilized and the developer will not pursue any other 
crossing of Mecaslin Street north of the railroad line, except to 
provide a trail link and crossing for bikes and pedestrians. The 
developer also will construct a 12-feet wide concrete, multi-use trail 
connection to this crossing from the bike lanes on 17th Street and the 
multi-use trail. This condition will encourage pedestrian and bicycle 
activity.
    8. The developer will incorporate people movers and other 
alternative forms of public transportation into its plans, subject to 
state, local and Federal approvals, including plans for access to the 
MARTA Arts Center station as well as provision for a rail corridor to 
the west and use its best efforts to see that such transportation is 
provided. This condition will contribute to the transit and pedestrian 
orientation of the project.
    9. Only retail shops will be allowed in all buildings facing 17th 
street in the ``Mixed Use'' area. This will encourage pedestrian 
activity by creating a pedestrian friendly atmosphere and destinations 
for pedestrians.
    10. The developer will use best efforts to ensure that development 
is phased so that proposed residential is completed before or 
concurrently with proposed retail/commercial. This will help ensure 
development of the mixed-use attributes of the site, which relates to 
the pedestrian orientation of the project.
    11. Primary pedestrian entrances shall face public sidewalks. This 
condition will enhance the pedestrian friendly design of the site.
    12. In the 17th Street ``Mixed Use'' area, no parking or driveways 
shall be permitted between any building and the sidewalk (with the 
exception of parking

[[Page 18953]]

garages and hotels with circular driveways). This condition will 
enhance the pedestrian friendly design of the site.
    13. In the 17th Street ``Mixed Use'' area, curb cuts will be 
limited to one per building (except for parking garages and hotels, 
which may have two). This condition will enhance the pedestrian 
friendly design of the site.
    14. In the 17th Street ``Mixed Use'' area, buildings shall be set 
back no more than 25 feet from edge of the curb, except to provide 
public plazas, greenspace or pedestrian space. This condition will 
enhance the pedestrian friendly design of the site.
    15. No temporary or permanent Certificates of Occupancy will be 
provided by the city until the Bureau of Buildings certifies that 
entire landscape plan for that phase of the development has been fully 
implemented. This condition will help ensure that landscape, pedestrian 
and greenspace designs receive priority from the developer.
    16. All proposed pedestrian and open space improvements must be 
fully implemented for that phase of development before any temporary or 
permanent Certificates of Occupancy shall be issued. This condition 
will help ensure that landscape, pedestrian and greenspace designs 
receive priority from the developer.
    17. The Bureau of Buildings shall not issue a building permit until 
such time as the applicant has submitted a Transportation Management 
Plan for all non-residential components. This condition is designed to 
ensure that an important focus of the development remains consideration 
of pedestrians and mass transit.
    18. The developer is required to meet with the local neighborhood 
planning unit on an annual basis to report on the status of the 
project. This condition will help ensure that the developer stays in 
communication with affected residents and gives the public an 
opportunity to stay involved and monitor progress at the site.
    The City of Atlanta has the legal authority to enact, implement and 
enforce the zoning conditions described above. Further, affected 
citizens and businesses also have standing under Georgia law to bring a 
lawsuit and enforce specific zoning conditions, provided they can meet 
the standing requirements. By proposing this project as a TCM , 
adopting these zoning conditions, and by committing to implement this 
project as part of the SIP revision, the City of Atlanta is 
demonstrating that it is willing to implement and enforce the necessary 
measures to complete this project.
    The City of Atlanta's commitment to this project is also evident by 
the creation of the BATAD#2. The BATAD#2, created pursuant to Georgia 
law, allows Atlanta to commit anticipated public tax revenues to the 
necessary infrastructure improvements to accomplish the goals set forth 
in the proposed Redevelopment Plan by the City for the site. The City 
will contract with the Atlanta Development Authority to serve as the 
City's ``Redevelopment Agent'' responsible for implementing the 
proposed Redevelopment Plan. An important consideration for EPA in 
analyzing a TCM proposal includes whether or not there is sufficient 
financial support to implement the project as well as whether there is 
sufficient political means to complete a project. By creating the 
BATAD#2, Atlanta ensures that not only will there be sufficient funds 
and an enforcement mechanism for them, but the BATAD#2 also contributes 
additional mechanisms for assisting the implementation of mass transit 
and pedestrian orientation at the site.
    The BATAD#2 will provide funding for the construction and 
maintenance of sidewalks, bike-paths, open space and other quality of 
life attributes of the site. Jacoby will donate the right-of-way for 
streets, sidewalks, bike-lanes and open space consistent with the Site 
Plan filed under the zoning conditions. The BATAD#2 will then ensure 
that funding is available for transportation and other important 
infrastructure improvements such as waste and stormwater controls.
    The BATAD#2 will be able to provide some funding for the study and 
implementation of mass transit service to the Atlantic Steel site and 
connectivity to existing MARTA rail (i.e, contribute towards a local 
match for securing federal transit support). As with sidewalks, bike-
paths and roads, Jacoby will donate the right-of-way to either the City 
or MARTA (or another suitable entity) to ensure that land acquisition 
of the necessary right-of-way is not an impediment to the success of 
the transit/pedestrian orientation of the site.
    The BATAD#2 will provide the City with the financial wherewithal to 
coordinate development activities at the site with the various 
stakeholders, most important, the residents, neighbors and business 
owners in the area. The BATAD#2 may also provide the necessary funding 
for the creation of a TMA for the area. A TMA can play a crucial role 
in developing and implementing methods to reduce congestion, VMT and 
unnecessary automobile trips.
    Despite the non-traditional aspects of this TCM, it is still 
subject to the same enforceability considerations and constraints 
applicable to any TCM as required by the Clean Air Act and its 
implementing regulations. Control measures adopted into a SIP are 
enforceable by EPA pursuant to section 113 of the CAA (42 U.S.C. 7413). 
That section provides for the assessment by the Administrator of civil 
penalties of up to $27,500 per day per violation against a person who 
has violated any requirement or prohibition of an applicable 
implementation plan. An ``applicable implementation plan'' is defined 
as that portion of a state implementation plan, which has been approved 
by the Administrator. (CAA Section 302(q) (42 U.S.C. 7602(q)). Once the 
SIP revision is approved by the EPA, it becomes part of the State's 
``applicable implementation plan'' or SIP, and enforceable by EPA as 
well as by the State. Violations of SIP measures relating to TCMs are 
also enforceable by citizen suit under section 304(a)(1) and (f)(3).
    Given the extraordinary zoning conditions placed on the site, and 
the creation of the BATAD#2 with the specific objective of providing 
the necessary funding for requisite infrastructure improvements, EPA 
finds that the City of Atlanta and State of Georgia have met this 
criterion by providing sufficient evidence that a schedule to plan, 
implement, and enforce the measure has been adopted by the City.

F. Description of the Monitoring Program To Assess the Measure's 
Effectiveness and To Allow for Necessary In-Place Corrections or 
Alterations

    The implementation and performance of the Atlantic Steel TCM will 
be monitored in accordance with the following seven main components:
    1. The City of Atlanta has established zoning conditions on the 
Atlantic Steel property that require the project developer to complete 
certain activities that are also related to implementation of the TCM. 
(See section II.E above.) Compliance with zoning conditions is 
enforceable by law.
    2. The SIP revision requires that the 17th Street bridge must be 
designed as a multi-modal facility that will provide a connection to 
the MARTA Arts Center station, accommodate future rail transit, and 
provide adequate widths dedicated for sidewalks and bicycle lanes. The 
SIP revision requires GDOT to ensure that the bridge will not be 
constructed

[[Page 18954]]

without these elements. In addition, there are a number of design-
specific measures that will be considered in the next phase of bridge 
and intersection design to ensure that bicycle and pedestrian needs are 
met. These include: construction of narrower lanes to shorten the 
length of the intersection crossing; develop wider medians to provide 
islands; consideration of prioritized signal timing for pedestrians; 
use of special surface treatments for cross walks; consideration of 
elimination of turn lanes; and consideration of phased construction of 
17th Street to provide for optimal pedestrian improvements. The SIP 
revision requires the City of Atlanta and GDOT to commit to work with 
affected stakeholders of the project to ensure that pedestrian needs 
are considered and a continuous flow of pedestrian movement is 
maintained in the design of roadways and intersections connecting the 
17th Street bridge into Midtown Atlanta.
    3. The SIP revision requires Jacoby to submit copies of the site 
plan, with revisions, to the City of Atlanta, ARC, EPD, and EPA Region 
4 annually after the 17th Street bridge opens to traffic until the 
project is built-out. The SIP revision requires that when the project 
reaches two-thirds build-out or after six years from the date that the 
bridge opens to traffic, whichever comes first, the site design will be 
compared to the four site design criteria targets listed in Table 6. 
The site design criteria will be evaluated consistent with the 
definitions and methodologies contained in the EPA report entitled 
``Transportation and Environmental Analysis of the Atlantic Steel 
Development Proposal,'' dated May 10, 1999. The comparison will 
evaluate whether the site meets or will meet the criteria. If the site 
design at this time does not meet or exceed the target values in Table 
6, Jacoby must submit and receive approval from the City of Atlanta, 
ARC, EPD, and EPA for a revised final site plan that does. Project 
build-out is defined as the amount of development allowed under the 
conditions of zoning for the Atlantic Steel project.

                                Table 6.--Atlantic Steel TCM Site Design Criteria
----------------------------------------------------------------------------------------------------------------
 
             Criterion                       Description              Target value      Criterion  Description
-------------------------------------------------------------------------------------- --------------------------------
Overall density....................  Total number of residents   12,000
                                      + employees on site.
Transit-oriented density 1.........  Total number of residents   180
                                      + employees per net acre
                                      within \1/4\-mile of an
                                      on-site transit stop.
Activity diversity.................  Percent of blocks with      33
                                      mixed uses 2.
External street connectivity.......  Average distance (in feet)  1,000--unl
                                      between site ingress/       ess the City of
                                      egress streets.             Atlanta specifies
                                                                  otherwise 3
----------------------------------------------------------------------------------------------------------------
\1\ Transit-oriented density around any individual transit stop may vary significantly, but the average density
  around all transit stops must be equal to or greater than 180 people per net acre within \1/4\ mile of the
  stop. This measure only includes on-site acreage.
\2\ Percent of blocks with mixed use. A block is defined traditionally by the area contained within streets.
  Classification of uses will be according to major Standard Industrial Classification codes.
\3\ This is calculated by dividing the length of the site's perimeter in feet by the number of ingress/egress
  streets. It is possible that the City of Atlanta would prevent connectivity of some streets or close access to
  some streets after they are built at the request of adjacent neighborhoods. Because this would be beyond the
  control of developers of the Atlantic Steel property, if such an event occurs, the target value is no longer
  effective.

    4. The SIP revision requires that the TCM be monitored annually, 
beginning in the year following the opening of the 17th Street bridge 
to traffic and biennially after the project has reached two-thirds 
build-out. As part of the monitoring effort, the City of Atlanta will 
be responsible for collecting and maintaining the following data, at a 
minimum:
    a. Average daily VMT per resident;
    b. Average daily VMT per employee working at the site;
    c. The percent of all combined trips made to, from and on the site 
by residents and employees in modes other than single occupancy 
vehicles (modal splits); and
    d. Origin and destination data for trips made to, from and on the 
site by residents and employees.
    The SIP revision requires the City of Atlanta and Jacoby, through a 
contractor or through the TMA, to develop a plan for data collection 
and submit it to ARC, EPD, and EPA Region 4 for approval prior to 
opening of the 17th Street bridge to traffic. The SIP revision 
specifies that data collection will continue until ten years following 
redesignation by EPA of the Atlanta area to attainment under the 
National Ambient Air Quality Standards for ozone. The SIP revision 
requires that the data be evaluated consistent with the definitions and 
methodologies contained in the EPA report entitled ``Transportation and 
Environmental Analysis of the Atlantic Steel Development Proposal,'' 
dated May 10, 1999. ARC will be responsible for deriving mobile source 
emissions obtained from the data. At any time, the City of Atlanta may 
choose to solicit other transportation information such as travel cost 
and transit patronage that are beneficial for devising strategies to 
reduce VMT and single occupancy automobile travel.
    This data collection requirement may necessitate that EPA submit an 
Information Collection Request (ICR) to the Office of Management and 
Budget. EPA will submit the ICR at a later date. Until EPA receives 
approval of the ICR, any component of the monitoring of this TCM that 
requires a survey of ten or more people may not be enforceable.
    5. The SIP revision requires that at two, three and a half, and 
five years after the 17th Street bridge opens to traffic, the City of 
Atlanta, EPD, and EPA Region 4 will compare the observed average daily 
VMT per resident, the observed average daily VMT per employee working 
at the site, and the observed percent of all combined trips made to, 
from and on the site by residents and employees in modes other than 
single occupancy vehicles with ARC's most recent estimates of the 
regional (Atlanta 13-county nonattainment area) averages for these 
measures. If either of the observed VMT measures for the site is 
greater than or equal to the corresponding regional average, or if the 
observed mode split for the site is less than or equal to the regional 
average, then Jacoby will identify funding or fund the creation of a 
TMA for a period of twenty years from the applicable date, if employers 
and property managers are not participating in a TMA at that time. (The 
SIP revision requires that employers on the Atlantic Steel site 
participate in a TMA and that Jacoby assist with initial financial 
support for the TMA.) The TMA will consult with the City of Atlanta 
concerning implementation of additional alternative

[[Page 18955]]

transportation programs that achieve the performance standards 
stipulated in Table 7. The SIP revision requires the City of Atlanta to 
ensure that these programs will be developed and implemented, as 
appropriate, by the TMA.

            Table 7.--Atlantic Steel TCM Performance Measures
------------------------------------------------------------------------
      Performance measure             Description         Target value
------------------------------------------------------------------------
VMT per resident..............  Average daily VMT for   27.
                                 all trips made by
                                 residents of the site.
VMT per employee..............  Average daily VMT for   11.
                                 trips to and from
                                 work for employees
                                 working on site.
Mode Split....................  Percent of all trips    25.
                                 to, from and on the
                                 site made by
                                 residents and
                                 employees combined,
                                 using non-SOV modes.
------------------------------------------------------------------------

    6. The SIP revision requires that starting at six years after the 
17th Street bridge opens to traffic or at two-thirds build-out, 
whichever occurs first, and at any time thereafter, if the site is not 
meeting or exceeding the performance targets contained in Table 7, 
Jacoby will identify funding or fund the creation of a TMA for a period 
of twenty years from the applicable date, if employers and property 
managers are not participating in a TMA at that time. (The SIP revision 
requires that employers on the Atlantic Steel site participate in a TMA 
and that Jacoby assist with initial financial support for the TMA.) The 
SIP revision requires the TMA to consult with the City of Atlanta 
concerning implementation of additional alternative transportation 
programs that achieve the performance standards stipulated in Table 7. 
The SIP revision requires the City of Atlanta to ensure that these 
programs will be developed and implemented, as appropriate, by the TMA. 
Examples of suggested programs are:
    a. Transit discounts for on-site employees.
    b. Increased provision of shuttle bus service or other transit 
service.
    c. Increased parking rates, by time-of-day, by facility, and by 
parking type, as needed.
    d. Reduction of available parking facilities or spaces.
    e. Carpool/vanpool matching services.
    f. Providing free or highly discounted annual regional transit 
passes with each residential unit (included in leases and property 
covenants).
    g. Addition of traffic calming measures, such as raised pedestrian 
crosswalks, sidewalk bump-outs, diagonal on-street parking, or 
pedestrian islands.
    h. Provisions and support for neighborhood car rental, car sharing 
systems, and real-time ridesharing services for residents and visitors.
    i. Provision of additional facilities and amenities for non-SOV 
users such as bus shelters, bike racks and lockers, sidewalks, bike 
paths, park-and-ride facilities, telephones at shelters, newsstands, 
convenience retail, and daycare facilities.
    j. Provision of guidance for telecommuting and alternative work 
schedules.
    k. Employee Commuter Choice incentives--employees would be given 
the opportunity to purchase employer-discounted transit passes and 
vanpool benefits using pre-tax dollars.
    EPA finds that the City of Atlanta and State of Georgia have met 
this criterion by providing sufficient evidence that a monitoring 
program to assess the measure's effectiveness and to allow for 
necessary in-place corrections or alterations has been included in the 
TCM.

III. Proposed Action

    EPA finds that the Atlantic Steel TCM SIP revision satisfies EPA's 
six TCM criteria, and therefore EPA is proposing approval of the 
aforementioned changes to the Georgia SIP.

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely proposes to approve state law as meeting federal requirements 
and imposes no additional requirements beyond those imposed by state 
law. Accordingly, the Administrator certifies that this rule will not 
have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
Because this rule proposes to approve pre-existing requirements under 
state law and does not impose any additional enforceable duty beyond 
that required by state law, it 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). For the same 
reason, this rule also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This rule will not have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of

[[Page 18956]]

Unanticipated Takings'' issued under the executive order. The data 
collection requirement may necessitate that EPA submit an ICR to the 
Office of Management and Budget. EPA will submit the ICR at a later 
date. Until EPA receives approval of the ICR, any component of the 
monitoring of a TCM that requires a survey of ten or more people may 
not be enforceable.

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.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: April 3, 2000,
John H. Hankinson, Jr.,
Regional Administrator, Region 4.
[FR Doc. 00-8835 Filed 4-7-00; 8:45 am]
BILLING CODE 6560-50-P