Air quality implementation plans; approval and promulgation; various States: Georgia,

[Federal Register: December 29, 1999 (Volume 64, Number 249)]

[Rules and Regulations]

[Page 72939-72940]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr29de99-22]

[[Page 72939]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

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

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule clarification.

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

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

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

SUPPLEMENTARY INFORMATION:

Background

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

Need for Clarification

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

Below is a list of the TCMs that are contained in both the 15 percent and 9 percent SIPs:

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

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

What are the consequences of not including these controls?

The 15 Percent Plan and 9 Percent Plan SIP revisions both provided additional emission reductions from the other control program (i.e., the TCMs listed above). These emission reductions were not included in the calculated demonstration of a 15 percent reduction of volatile organic compounds or the demonstration of a 9 percent reduction of nitrogen oxides. These ``unclaimed'' emission reductions are greater than the amount of credit loss from the five park-and-ride lots (.03 tons per day of VOC and .04 tons per day of NO‹INF›x‹/INF›) and the bike and pedestrian facilities (.2 VOC and .5 NO‹INF›x‹/INF›). Therefore, the additional emissions reductions of 1.06 tons per day of VOC and 19.47 tons per day of NO‹INF›x‹/INF› which were not claimed are sufficient to make up the loss of credit from the two withdrawn TCMs.

Administrative Requirements

Executive Order 12866

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

Executive Order 13045

Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is determined to be ``economically significant'' as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency.

This rule is not subject to Executive Order 13045 because it does not involve decisions intended to mitigate environmental health or safety risks. This rule is not subject to the requirements of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., because it does not include any information collection requirements. This rule is not subject to the requirements of the National Technology Transfer and Advancement Act (NTTAA) because it does not include provisions for technical standards.

Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a

[[Page 72940]]

copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This rule is not a ``major'' rule as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 52

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

Dated: December 8, 1999. Stanley A. Meiburg, Acting Regional Administrator, Region 4.

Part 52 of Chapter I, Title 40, Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

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

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

Subpart--L Georgia

2. Accordingly, Sec. 52.570 is amended by adding paragraph (e) to read as follows:

Sec. 52.570 Identification of plan.

* * * * *

(e) EPA Approved Georgia Nonregulatory Provisions

Applicable geographic State submittal date/ Name of nonregulatory SIP Provision or nonattainment area

effective date

EPA approval date

1. High Occupancy Vehicle (HOV) lane Atlanta Metropolitan November 15, 1993 and March 18, 1999 and on I-85 from Chamblee-Tucker Road to Area.

amended on June 17, April 26, 1999. State Road 316.

1996. 2. Clean Fuel Vehicles Revolving Loan Program. 3. Regional Commute Options Program and HOV Marketing Program. 4. HOV lanes on I-75 and I-85........ 5. Two Park and Ride Lots: Rockdale County-Sigman at I-20 and Douglas County-Chapel Hill at I-20. 6. MARTA Express Bus routes (15 buses). 7. Signal preemption for MARTA routes #15 and #23. 8. Improve and expand service on MARTA's existing routes in southeast DeKalb County. 9. Acquisition of clean fuel buses for MARTA and Cobb County Transit. 10. ATMS/ Incident Management Program on I-75/I-85 inside I-285 and northern ARC of I-285 between I-75 and I-85. 11. Upgrading, coordination and computerizing intersections.

[FR Doc. 99-33527Filed12-28-99; 8:45 am]

BILLING CODE 6560-50-P

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