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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

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

Approval and Promulgation of Implementation Plans Georgia:

Approval of Revisions for a Transportation Control Measure

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving revisions to the Georgia State Implementation

Plan (SIP) submitted by the State through the Department of Natural

Resources (DNR) on August 29, 1997, requesting the incorporation of

several transportation control measures (TCMs) into the SIP and the

deletion of two TCMs from the existing SIP. This action only addresses

the incorporation of one of the five TCMs submitted for approval into

the SIP. Action was taken on the other TCMs in a separate rulemaking.

The subject of this action is an alternative fuel refueling station/

park and ride transportation center project located in Douglas County.

DATES: This final rule is effective August 10, 1998 unless adverse or

critical comments are received by July 24, 1998. Should the Agency

receive such comments, it will publish in the Federal Register a timely

withdrawal of the direct final rule informing the public that this rule

did not take effect.

ADDRESSES: Written comments on this action should be addressed to Kelly

A. Sheckler at the Environmental Protection Agency, Region 4 Air

Planning Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303. Copies

of documents relative to this action are available for public

inspection during normal business hours at the following locations. The

interested persons wanting to examine these documents should make an

appointment with the appropriate office at least 24 hours before the

visiting day. Reference file GA35-9807. The Region 4 office may have

additional background documents not available at the other locations.

Environmental Protection Agency, Region 4 Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia 30303. Attn: Kelly Sheckler, 404/

562-9042.

Georgia Department of Natural Resources, Environmental Protection

Division, Air Protection Division, 4244 International Parkway, Suite

136, Atlanta, Georgia 30354.

FOR FURTHER INFORMATION CONTACT: Kelly A. Sheckler at 404/562-9042.

[[Page 34301]]

SUPPLEMENTARY INFORMATION:

I. Background

Section 108(e) of the Clean Air Act, as amended in 1990 (the Act),

provides air quality planning guidance for the development and

implementation of transportation and other measures necessary to

demonstrate and maintain attainment of national ambient air quality

standards. Section 108(f)(1)(A) provides a list of transportation

control measures (TCMs) with emission reduction potential. The USEPA

has further provided guidance in the final report entitled

Transportation Control Measures: State Implementation Plan Guidance

dated September 1990; and in Transportation Control Measure Information

Documents dated March 1992.

Section 108(f)(1)(A) of the Act lists sixteen TCMs for

consideration by states and planning agencies to reduce emissions and

maintain the national ambient air quality standards. Programs to reduce

motor vehicle emissions consistent with title II of the Act are listed

in section 108(f)(1)(A)(xii).

II. Evaluation of the State Submittal

On August 29, 1997, the State of Georgia through the DNR submitted

to the EPA a request to approve five Atlanta TCMs into the SIP,

specifically, the addition of a High Occupancy Vehicle (HOV) lane, an

employer-based transit subsidy program, a university rideshare program,

development of transportation management associations, and an

alternative fuel refueling station/park and ride transportation center.

In addition, the State requested the removal of two existing TCMs

because they will not be implemented. These TCMs include five express

bus routes on Cobb Community Transit and two park and ride lots on Cobb

Community Transit routes. A public hearing on the proposed SIP revision

was held on August 27, 1997. The SIP submission was found complete by

EPA in a letter dated October 27, 1997.

The alternative fuel refueling station/park and ride transportation

center TCM for the Atlanta Metropolitan Area is described below. An

emissions analysis of this TCM was performed which demonstrated that an

emission benefit would result from the implementation of this TCM.

Although the State has requested that the TCM be approved in the SIP,

no emissions credit is being claimed in the SIP for the measure.

Therefore, the emissions analysis was reviewed only to determine that

no further air quality degradation would result from the implementation

of this TCM. EPA's review determined that the data assumptions and

calculations provided reasonable assurance that an air quality benefit

would occur.

Alternative Fuel Station/Multi-Modal Transportation Center. This

project is referenced as DO-AR 211. A multi-modal/park and ride

transportation center, which includes an alternative fuel refueling

station, will offer service to the Douglas County vehicle fleets, buses

and vanpools. The Douglas County Rideshare Program, that will manage

the facility, currently operates 14 vanpools with 15 additional

vanpools anticipated in the future. The Douglas County Board of

Commissioners committed to implement the alternative fuel refueling

station in conjunction with the construction of the multi-modal

transportation center. An emissions analysis performed by the Atlanta

Regional Commission (ARC) indicated that this project will result in

reductions of emissions of volatile organic compounds (VOCs) and oxides

of nitrogen (NOX) in the 13-county Atlanta ozone

nonattainment area by reducing congestion, reducing use of single

occupancy vehicles and improving traffic flow.

This project was formally endorsed by the Douglas County Board of

Commissioners in letters dated April 15, 1997 and February 27, 1998.

The primary funding sources for this project are congestion Mitigation

and Air Quality funds and a grant from the Georgia Environmental

Facilities Authority.

This project is included in the Atlanta Interim Transportation

Improvement Program (ITIP) contingent upon approval in the SIP. Based

upon the schedule provided for in the ITIP, the multi-modal center and

alternative fuel refueling station will be implemented in a timely

manner and given funding priority. The alternative fuel refueling

station and park and ride lot are scheduled for completion in December

1999.

III. EPA Action

EPA is approving the aforementioned changes to the SIP. The Agency

has reviewed this request for revision of the Federally-approved SIP

for conformance with the provisions of the amendments enacted on

November 15, 1990. The Agency has determined that this action conforms

with those requirements.

EPA is publishing this rule without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in the proposed rules section of this

Federal Register publication, EPA is publishing a separate document

that will serve as the proposal to approve the SIP revision should

relevant adverse comments be filed. This rule will be effective August

10, 1998 without further notice unless the Agency receives relevant

adverse comments by July 24, 1998.

If the EPA receives such comments, then EPA will publish a notice

withdrawing the final rule and informing the public that the rule did

not take effect. All public comments received will then be addressed in

a subsequent final rule based on the proposed rule. The EPA will not

institute a second comment period on the proposed rule. Any parties

interested in commenting on the proposed rule should do so at this

time. If no such comments are received, the public is advised that this

rule will be effective on August 10, 1998 and no further action will be

taken on the proposed rule.

EPA has determined that today's rule falls under the good cause

exemption in section 553(d)(3) of the Administrative Procedures Act

(APA) which, upon finding good cause, allows an agency to make a rule

effective prior to the 30-day delayed effective date otherwise provided

for in the APA. Today's rule simply approves non regulatory

transportation control measures.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any state implementation plan. Each request for revision to

the state implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from E.O. 12866 review.

B. Executive Order 13045

This final rule is not subject to Executive Order 13045, entitled

Protection of Children from Environmental Health Risks and Safety

Risks, because it is not an ``economically significant'' action under

Executive Order 12866.

C. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603

[[Page 34302]]

and 604. Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the

Clean Air Act do not create any new requirements but simply approve

requirements that the State is already imposing. Therefore, because the

Federal SIP approval does not impose any new requirements, the Regional

Administrator certifies that it does not have a significant impact on

any small entities affected. Moreover, due to the nature of the

Federal-State relationship under the CAA, preparation of a flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of state action. The Clean Air Act forbids EPA to base

its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.

EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2) and 7410(k)(3).

D. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

private sector, of $100 million or more. Under Section 205, EPA must

select the most cost-effective and least burdensome alternative that

achieves the objectives of the rule and is consistent with statutory

requirements. Section 203 requires EPA to establish a plan for

informing and advising any small governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

E. Submission to Congress and the General Accounting Office

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. However, section 808 provides that any rule for which

the issuing agency for good cause finds (and incorporates the finding

and a brief statement of reasons therefore in the rule) that notice and

public procedure thereon are impracticable, unnecessary or contrary to

the public interest, shall take effect at such time as the agency

promulgating the rule determines. 5 U.S.C. 808(2). As stated

previously, EPA has made such a good cause finding, including the

reasons therefore, and established an effective date of August 10,

1998. EPA will submit a report containing this rule and other required

information to the U.S. Senate, the U.S. House of Representatives, and

the Comptroller General of the United States prior to publication of

the rule in the Federal Register. This rule is not a ``major rule'' as

defined by 5 U.S.C. 804(2).

F. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by August 24, 1998. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the purposes of judicial

review nor does it extend the time within which a petition for judicial

review may be filed, and shall not postpone the effectiveness of such

rule or action. This action may not be challenged later in proceedings

to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Intergovernmental relations, Ozone, Reporting and

recordkeeping requirements, Sulfur oxides.

Dated: June 10, 1998.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

Part 52 of chapter I, title 40, Code of Federal Regulations, is

amended as follows:

PART 52--[AMENDED]

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

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

Subpart L--Georgia

2. Section 52.582, is amended by adding paragraph (b)(5) to read as

follows:

Sec. 52.582 Control strategy: Ozone.

* * * * *

(b) * * *

(5) Alternative Fuel Refueling Station/Park and Ride Transportation

Center--This project is referred to as DO-AR-211.

[FR Doc. 98-16801 Filed 6-23-98; 8:45 am]

BILLING CODE 6560-50-P