[Federal Register Volume 64, Number 249 (Wednesday, December 29, 1999)]
[Rules and Regulations]
[Pages 72938-72940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33527]
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[[Page 72939]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[GA 34-9919(c), GA25-1-9805(c); FRL-6515-8]
Approval and Promulgation of Air Quality Implementation Plans;
Georgia; 15 Percent Rate-of-Progress Plan and 9 Percent Rate-of-
Progress Plan for the Atlanta Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule clarification.
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SUMMARY: This action clarifies two final rules which were published on
March 18, 1999, and April 26, 1999. This action pertains to the State
Implementation Plan (SIP) revisions submitted by Georgia on November
15, 1993, consisting of the 15 percent Rate-of-Progress Plan for the
Atlanta ozone nonattainment area, which was amended on June 17, 1996,
and the Post 1996 Rate-of-Progress Plan (9 Percent Plan) for the
Atlanta ozone nonattainment area, also submitted on June 17, 1996.
EFFECTIVE DATE: This rule is effective December 29, 1999.
FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Region 4, Air,
Pesticides and Toxics Management Division, Air Planning Branch at (404)
562-9042.
SUPPLEMENTARY INFORMATION:
Background
On March 18, 1999, (64 FR 13348) and April 26, 1999, (64 FR 20186),
EPA published a final rule approving the 15 Percent Plan and 9 Percent
Plan SIP revisions respectively. These SIP revisions were submitted by
the Georgia Environmental Protection Division (GAEPD) on November 15,
1993, and amended on June 17, 1996, for the Atlanta ozone nonattainment
area.
Need for Clarification
On March 18, 1999, and April 26, 1999, EPA granted final
conditional approval of the 15 Percent Plan SIP revision for the
Atlanta ozone nonattainment area and final approval of the 9 Percent
Plan SIP revision. These documents identify various control programs
which constitute the reductions GAEPD used to demonstrate a 15 percent
reduction in emissions of volatile organic compounds and a 9 percent
reduction in nitrogen oxides. Transportation control measures (TCMs)
were listed as one of the types of control programs in both actions.
However, the rulemaking actions did not specifically state which TCMs
the action approved. This document serves to identify which TCMs are
approved as part of the 15 Percent Plan and 9 Percent Plan SIP
revisions.
Below is a list of the TCMs that are contained in both the 15
percent and 9 percent SIPs:
1. High Occupancy Vehicle (HOV) lane on I-85 from Chamblee-Tucker Road
to State Road 316
2. Clean Fuel Vehicles Revolving Loan Program
3. Regional Commute Options Program and HOV Marketing Program
4. HOV lanes on I-75 and I-85 (inside I-285)
5. Two Park and Ride Lots: Rockdale County-Sigman at I-20 and Douglas
County-Chapel Hill at I-20
6. MARTA Express Bus routes (15 buses)
7. Signal preemption for MARTA routes #15 and #23
8. Improve and expand service on MARTA's existing routes in southeast
DeKalb County
9. Acquisition of clean fuel buses for MARTA and Cobb County Transit
10. ATMS/Incident Management Program on I-75/I-85 inside I-285 and
northern ARC of I-285 between I-75 and I-85
11. Upgrading, coordination and computerizing intersections
In addition, two other TCMs were provided in the 15 Percent Plan
and 9 Percent Plan revisions that the State has subsequently requested
be withdrawn. These include five park-and-ride lots and bike and
pedestrian facilities. These TCMS are being removed because the
Metropolitan Planning Organization could not clearly identify these
specific projects by location in the transportation plan and
improvement program. In order for TCMs to be approved in the SIP, they
must be included in the transportation plan and improvement program.
Because these bike and pedestrian facilities and park-and-ride lots are
not included in the transportation plan and improvement program, EPA
cannot approve them into the SIP.
What are the consequences of not including these controls?
The 15 Percent Plan and 9 Percent Plan SIP revisions both provided
additional emission reductions from the other control program (i.e.,
the TCMs listed above). These emission reductions were not included in
the calculated demonstration of a 15 percent reduction of volatile
organic compounds or the demonstration of a 9 percent reduction of
nitrogen oxides. These ``unclaimed'' emission reductions are greater
than the amount of credit loss from the five park-and-ride lots (.03
tons per day of VOC and .04 tons per day of NOx) and the
bike and pedestrian facilities (.2 VOC and .5 NOx).
Therefore, the additional emissions reductions of 1.06 tons per day of
VOC and 19.47 tons per day of NOx which were not claimed are
sufficient to make up the loss of credit from the two withdrawn TCMs.
Administrative Requirements
Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''
Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is
determined to be ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
This rule is not subject to Executive Order 13045 because it does
not involve decisions intended to mitigate environmental health or
safety risks. This rule is not subject to the requirements of the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq., because it does not
include any information collection requirements. This rule is not
subject to the requirements of the National Technology Transfer and
Advancement Act (NTTAA) because it does not include provisions for
technical standards.
Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a
[[Page 72940]]
copy of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. This rule is
not a ``major'' rule as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Sulfur oxides.
Dated: December 8, 1999.
Stanley A. Meiburg,
Acting Regional Administrator, Region 4.
Part 52 of Chapter I, Title 40, Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401 et seq.
Subpart--L Georgia
2. Accordingly, Sec. 52.570 is amended by adding paragraph (e) to
read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(e) EPA Approved Georgia Nonregulatory Provisions
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Applicable geographic State submittal date/
Name of nonregulatory SIP Provision or nonattainment area effective date EPA approval date
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1. High Occupancy Vehicle (HOV) lane Atlanta Metropolitan November 15, 1993 and March 18, 1999 and
on I-85 from Chamblee-Tucker Road to Area. amended on June 17, April 26, 1999.
State Road 316. 1996.
2. Clean Fuel Vehicles Revolving Loan
Program.
3. Regional Commute Options Program
and HOV Marketing Program.
4. HOV lanes on I-75 and I-85........
5. Two Park and Ride Lots: Rockdale
County-Sigman at I-20 and Douglas
County-Chapel Hill at I-20.
6. MARTA Express Bus routes (15
buses).
7. Signal preemption for MARTA routes
#15 and #23.
8. Improve and expand service on
MARTA's existing routes in southeast
DeKalb County.
9. Acquisition of clean fuel buses
for MARTA and Cobb County Transit.
10. ATMS/ Incident Management Program
on I-75/I-85 inside I-285 and
northern ARC of I-285 between I-75
and I-85.
11. Upgrading, coordination and
computerizing intersections.
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[FR Doc. 99-33527 Filed 12-28-99; 8:45 am]
BILLING CODE 6560-50-P