[Federal Register Volume 71, Number 228 (Tuesday, November 28, 2006)]
[Rules and Regulations]
[Pages 68740-68743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20141]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2006-0577-200624(a); FRL-8248-9]


Approval and Promulgation of Implementation Plans; Georgia: 
Removal of Douglas County Transportation Control Measure

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On September 19, 2006, the State of Georgia's Department of 
Natural Resources (DNR), through the Georgia Environmental Protection 
Division (GA EPD), submitted a final State Implementation Plan (SIP) 
revision to remove the transportation control measure (TCM) related to 
a compressed natural gas (CNG) refueling station/park and ride 
transportation center project in Douglas County, Georgia. This TCM was 
originally submitted by GA EPD for inclusion into the Atlanta portion 
of the Georgia SIP on August 29, 1997. EPA approved this TCM into the 
Georgia SIP through direct final rulemaking published in the Federal 
Register on June 24, 1998 (effective on August 10, 1998). Subsequently, 
the project sponsor determined that the equipment necessary to 
implement this project is no longer available, and thus this TCM cannot 
be implemented as originally anticipated. No SIP credit was claimed for 
this program, nor were emissions benefits ever realized for this TCM 
because it was never implemented. Through this rulemaking, EPA is 
approving the removal of this TCM from the Atlanta portion of the 
Georgia SIP because this SIP revision meets Clean Air Act (CAA) 
requirements.

DATES: This direct final rule is effective January 29, 2007 without 
further notice, unless EPA receives adverse comment by December 28, 
2006. If adverse comment is received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
2006-0577, by one of the following methods:
    1. www.regulations.gov.: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2006-0577,'' Air Quality Modeling and 
Transportation Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Air Quality Modeling 
and Transportation Section, Air Planning Branch, Air, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such 
deliveries are only accepted during the Regional Office's normal hours 
of operation. The Regional Office's official hours of business are 
Monday through Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2006-0577.'' EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit through 
www.regulations.gov or e-mail, information that you consider to be CBI 
or otherwise protected. The www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other

[[Page 68741]]

information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in 
www.regulations.gov or in hard copy at the Air Quality Modeling and 
Transportation Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if 
at all possible, you contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to schedule your inspection. The Regional 
Office's official hours of business are Monday through Friday, 8:30 to 
4:30, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Lynorae Benjamin, Air Quality Modeling 
and Transportation Section, Air Planning Branch, Air, Pesticides and 
Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The 
telephone number is (404) 562-9040. Ms. Benjamin can also be reached 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. What Action Is EPA Taking?
II. What Is the Background for EPA's Action?
III. What Is a TCM?
IV. Why Is EPA Taking This Action?
V. What Is the Effect of EPA's Action?
VI. What Is EPA's Analysis of the Request?
VII. Final Action
VIII. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is approving the removal of the TCM (related to a CNG refueling 
station in Douglas County, Georgia) from the Atlanta portion of the 
Georgia SIP. This station would have provided a centralized fueling 
site for CNG-powered county fleet vehicles, transit vans, and buses for 
Douglas County.

II. What Is the Background for EPA's Action?

    On August 29, 1997, the State of Georgia's DNR, through the GA EPD, 
submitted a SIP revision to include the TCM related to a CNG refueling 
station/park and ride transportation center project in Douglas County, 
Georgia. EPA evaluated this SIP revision and determined that it met the 
criteria for a TCM and all other SIP requirements. Consequently, EPA 
approved this TCM into the Atlanta portion of the Georgia SIP through 
direct final rulemaking on June 24, 1998, effective August 10, 1998 
(see 63 FR 34300). This project has been referenced as DO-AR 211 in the 
Atlanta Regional Commission's (ARC) Transportation Improvement Program 
(TIP) and Regional Transportation Plan.
    Project DO-AR 211 was a planned CNG refueling station that would 
have been located at the site of the Douglas County multimodal 
transportation center. This station would have provided a centralized 
fueling site for CNG-powered county fleet vehicles, transit vans, and 
buses. The project experienced delays in implementation that were 
addressed through the interagency consultation process. By the time 
these issues were fully resolved, production of 12- and 15-passenger 
CNG vans was being discontinued by Ford and General Motors; thus, 
Douglas County no longer considered the project viable. Project 
sponsors were informed through interagency consultation that until (or 
unless) the project was removed from the SIP, they needed to continue 
to show progress towards implementing the project.
    In a letter dated March 28, 2006, from Mr. Tom Worthan of Douglas 
County to Mr. Charles ``Chick'' Krautler of ARC, Douglas County 
formally notified ARC of their complications for implementing this TCM. 
Additionally, this letter requested that ARC initiate the process to 
remove this TCM from the SIP. Based on the March 28, 2006, letter, ARC 
contacted the GA EPD and requested that a SIP revision be developed, 
for submittal to EPA, to remove this TCM from the Atlanta portion of 
the Georgia SIP.

III. What Is a TCM?

    Pursuant to 40 CFR 93.101 (the Transportation Conformity Rule), a 
TCM is ``any measure that is specifically identified and committed to 
in the applicable implementation plan (SIP) that is either one of the 
types listed in section 108 of the CAA, or any other measure for the 
purposes of reducing emissions or concentrations of air pollutants from 
transportation sources by reducing vehicle use or changing traffic flow 
or congestion conditions.'' Section 108(3) of the CAA provides air 
quality planning guidance for the development and implementation of 
transportation and other measures necessary to demonstrate and maintain 
attainment of the national ambient air quality standards (NAAQS). 
Section 108(f)(1)(A) of the CAA lists sixteen TCMs for consideration by 
states and planning agencies to reduce emissions and maintain the 
NAAQS. Programs to reduce motor vehicle emissions consistent with title 
II of the CAA are listed in section 108(f)(1)(A)(xii).
    TCMs are included in the SIP to help reduce emissions from on-road 
mobile sources. If EPA approves a TCM into an area's SIP, the 
transportation partners must show as part of the conformity 
determination, that these measures are being implemented on schedule 
and given priority for Federal funding. SIPs must be revised to remove 
any TCMs that the sponsor cannot implement so that failure to implement 
them does not prohibit conformity determinations.

IV. Why Is EPA Taking This Action?

    EPA is taking this action because the GA EPD's September 19, 2006, 
SIP submittal requests that we take this action, and because we believe 
that this SIP revision is consistent with the CAA. More explanation is 
provided later in this rulemaking in Section VI, entitled ``What is 
EPA's Analysis of the Request?''

V. What Is the Effect of EPA's Action?

    Upon the effective date of this action, the transportation partners 
in the Atlanta area will no longer be required to evaluate the progress 
of this TCM for the purposes of implementing the transportation 
conformity requirements. The Transportation Conformity Rule (40 CFR 
part 93) requires that the status of TCMs be documented as one of the 
criteria for an area to successfully demonstrate conformity.

VI. What Is EPA's Analysis of the Request?

    EPA has reviewed the SIP submission, provided by the GA EPD on 
September 19, 2006, to remove the TCM related to a CNG refueling 
station/park and ride transportation center project in Douglas County, 
Georgia, and has determined that this SIP revision request is 
consistent with the CAA. This SIP revision was prompted by a March 28, 
2006, letter, from Mr. Tom Worthan of Douglas County to Mr. Charles 
``Chick'' Krautler of ARC, by which Douglas County formally informed 
ARC of their complications for implementing this TCM. As a result of 
the letter from Douglas County, ARC contacted the GA EPD and requested 
that a SIP revision be developed, for submittal to EPA, to remove this 
TCM from the Atlanta portion of the Georgia SIP.
    This TCM, which is described in detail in Section I of this 
rulemaking, could not be implemented as originally envisioned because 
of the project sponsor's inability to acquire the necessary equipment. 
Although the GA EPD requested on August 1997 that the TCM be approved 
in the Georgia SIP, no

[[Page 68742]]

emissions credit was claimed in the SIP for the measure. In fact, the 
emissions analysis was reviewed only to determine that no further air 
quality degradation would result from the implementation of this TCM. 
EPA documented this fact in the rulemaking approving the TCM in the 
Georgia SIP (see 63 FR 34300).
    Since the project was not implemented, it did not result in 
emission reductions, and removing it from the SIP will cause no 
degradation of air quality. Thus this revision is consistent with the 
CAA, specifically section 110(l) which states the following:

    Each revision to an implementation plan submitted by a State 
under this Act shall be adopted by such State after reasonable 
notice and public hearing. The Administrator shall not approve a 
revision of a plan if the revision would interfere with any 
applicable requirement concerning attainment and reasonable further 
progress (as defined in section 171), or any other applicable 
requirement of the Act.

After full analysis of the State's submittal, EPA is approving this SIP 
revision because it is consistent with the CAA.

VII. Final Action

    Through this rulemaking, EPA is approving the removal of the TCM 
(related to a CNG refueling station in Douglas County, Georgia) from 
the Atlanta portion of the Georgia SIP. This SIP revision is consistent 
with CAA requirements. EPA is publishing this rule without prior 
proposal because the Agency views this as a noncontroversial submittal 
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 adverse comments be filed. This rule will be effective 
January 29, 2007 without further notice unless the Agency receives 
adverse comments by December 28, 2006.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on January 29, 2007 and no 
further action will be taken on the proposed rule.

VIII. Statutory and Executive Order Reviews

    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. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves 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 removes a TCM 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does 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). This action merely removes a TCM under 
state law, 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 ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 
23, 1997), because it is not economically significant and because the 
Agency does not have reason to believe that the rule concerns an 
environmental health risk or safety risk that may disproportionately 
affect children.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. 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 CAA. 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. This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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. 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 29, 2007. 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, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Authority: 42 U.S.C. 7401 et seq.


[[Page 68743]]


    Dated: November 13, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.


0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart L--Georgia

0
2. Section 52.570(e) is amended by adding a entry at the end of the 
table for ``Douglas County, GA'' to read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (e) * * *

                                  EPA Approved Georgia Nonregulatory Provisions
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                                                                           State
   Name of nonregulatory SIP provision     Applicable geographic or   submittal date/      EPA approval date
                                              nonattainment area      effective date
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                                                  * * * * * * *
Alternative Fuel Refueling Station/Park   Douglas County, GA........        09/19/06  11/28/06 [Insert citation
 and Ride Transportation Center, Project                                               of publication].
 DO-AR-211 is removed.
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 [FR Doc. E6-20141 Filed 11-27-06; 8:45 am]
BILLING CODE 6560-50-P