[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Rules and Regulations]
[Pages 24397-24399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9814]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0136-201162; FRL-9662-8]
Approval and Promulgation of Implementation Plans: Georgia;
Approval of Substitution for Transportation Control Measures
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; notice of administrative change.
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SUMMARY: EPA is making an administrative change to update the Code of
Federal Regulations (CFR) to reflect a change made to the Georgia State
Implementation Plan (SIP) on November 5, 2009, as a result of EPA's
concurrence on a substitute transportation control measure (TCM) for
the Atlanta portion of the Georgia SIP. On February 5, 2010, the State
of Georgia, through the Environmental Protection Division (EPD),
submitted a revision to the Georgia SIP requesting that EPA update its
SIP to reflect a substitution of a TCM. The substitution was made
pursuant to the TCM substitution provisions contained in Clean Air Act
(CAA). EPA concurred on this substitution on November 5, 2009. In this
administrative action, EPA is updating the non-regulatory provisions of
the Georgia SIP to reflect the substitution. In summary, the
substitution that EPA concurred on was a conversion of high occupancy
vehicle (HOV) lanes to high occupancy toll lanes (HOT). EPA has
determined that this action falls under the ``good cause'' exemption in
the Administrative Procedures Act (APA) which, upon finding ``good
cause,'' authorizes agencies to dispense with public participation
which allows an agency to make an action effective immediately (thereby
avoiding the 30-day delayed effective date otherwise provided for in
the APA).
DATES: This action is effective April 24, 2012.
ADDRESSES: SIP materials which are incorporated by reference into 40
Code of Federal Regulations (CFR) part 52 are available for inspection
at the following location: Environmental Protection
[[Page 24398]]
Agency, Region 4, 61 Forsyth Street SW., Atlanta, GA 30303. Publicly
available materials are available either electronically in
www.regulations.gov or in hard copy at the Regulatory Development
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 Federal holidays.
FOR FURTHER INFORMATION CONTACT: Ms. Dianna B. Smith at the above
Region 4 address or at (404) 562-9207. Ms. Smith may also be contacted
via electronic mail at: [email protected].
SUPPLEMENTARY INFORMATION: On November 5, 2009, EPA issued a
concurrence letter to Georgia stating that the substitution of a HOT
lane TCM for an existing HOV lane TCM met the CAA section 176(c)(8)
requirements for substituting TCMs in an area's approved SIP. See also
EPA's Guidance for Implementing the CAA section 176(c)(8)
Transportation Control Measure Substitution and Addition Provision
contained in the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users which was signed into law on August 10,
2005, dated January 2009. This substitution was an update to TCMs
previously approved on March 18, 1999, and April 26, 1999. As a part of
the concurrence process, the public was provided an opportunity to
comment on proposed TCM substitution. Public notice and comment was
provided by the Atlanta metropolitan planning organization, Atlanta
Regional Commission (ARC), during the revision to the transportation
improvement program to incorporate the HOT lane substitution project.
The public notice was published in the Daily Report and on the ARC Web
page at: www.atlantaregional.com. Through this concurrence process, EPA
determined that the requirements of CAA section 176(c)(8) were met,
including the requirement that the substitute measures achieve
equivalent or greater emissions reductions than the control measure to
be replaced. Upon EPA's concurrence, the HOT lane substitution took
effect as a matter of federal law. A copy of EPA's concurrence letter
is included in the Docket for this action. This letter can be accessed
at www.regulations.gov using Docket ID No. EPA-R04-OAR-2012-0136. In
accordance with the requirements for TCM substitution, on February 5,
2010, EPD submitted a request for EPA to update the Atlanta portion of
the Georgia SIP to reflect EPA's previous approval of the TCM
substitution of the HOV lane with the HOT lane conversion TCM in its
SIP (the subject of this administrative change). Today, EPA is taking
administrative action to update the non-regulatory provisions of the
Georgia SIP in 40 CFR 52.570(e) to reflect EPA's concurrence on the
substitution of a TCM for the conversion of HOV lanes to HOT lanes:
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Applicable
Name of nonregulatory SIP geographic or State submittal date/
provision nonattainment area effective date
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1. High Occupancy Vehicle Atlanta Metropolitan 11/15/93 and amended
(HOV) lane on I-85 from Area. on 6/17/96 and 2/5/
Chamblee-Tucker Road to 10.
State Road 316 High
Occupancy Toll (HOT) lane
on I-85 from Chamblee-
Tucker Road to State Road
316.
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EPA has determined that today's action falls under the ``good
cause'' exemption in the section 553(b)(3)(B) of the APA which, upon
finding ``good cause,'' authorizes agencies to dispense with public
participation and section 553(d)(3) which allows an agency to make an
action effective immediately (thereby avoiding the 30-day delayed
effective date otherwise provided for in the APA). Today's
administrative action simply codifies provisions which are already in
effect as a matter of law in Federal and approved state programs.
Under section 553 of the APA, an agency may find good cause where
procedures are ``impractical, unnecessary, or contrary to the public
interest.'' Public comment for this administrative action is
``unnecessary'' because the substitution was made through the process
included in CAA section 176(c)(8) and because the public already had an
opportunity to comment on this substitution during the public comment
period prior to approval of the substitution. Immediate notice of this
action in the Federal Register benefits the public by providing the
public notice of the updated Georgia SIP Compilation and
``Identification of Plan'' portion of the Federal Register.
Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
administrative action is not a ``significant regulatory action'' and is
therefore not subject to review by the Office of Management and Budget.
This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866. Because the
Agency has made a ``good cause'' finding that this action is not
subject to notice-and-comment requirements under the APA or any other
statute as indicated in the Supplementary Information section above, it
is not subject to the regulatory flexibility provisions of the
Regulatory Flexibility Act (5 U.S.C 601 et seq.), or to sections 202
and 205 of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub. L.
104-4). In addition, this action does not significantly or uniquely
affect small governments or impose a significant intergovernmental
mandate, as described in sections 203 and 204 of UMRA.
This administrative action also does 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),
nor will it 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 administrative action also is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997), because it is not economically
significant. This administrative action does not involve technical
standards; thus the requirements of section 12(d) of the
[[Page 24399]]
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. The administrative action also does not involve
special consideration of environmental justice related issues as
required by Executive Order 12898 (59 FR 7629, February 16, 1994). This
administrative action does not impose an information collection burden
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
B. Submission to Congress and the Comptroller General
The Congressional Review Act (CRA) (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. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. Today's
administrative action simply codifies a provision which is already in
effect as a matter of law in Federal and approved state programs. 5
U.S.C. 808(2). These announced actions were effective upon EPA's
concurrence. EPA will submit a report containing this action 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 this action in the Federal Register. This update to
Georgia's SIP Compilation 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,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 29, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52, is amended as follows:
PART 52--[AMENDED]
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1. The authority for citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart L--Georgia
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2. Section 52.570(e), is amended by revising the first entry ``1. High
Occupancy Vehicle (HOV) lane on I-85 from Chamblee-Tucker Road to State
Road 316'' to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Georgia Non-Regulatory Provisions
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Name of nonregulatory SIP Applicable geographic or State submittal date/
provision nonattainment area effective date EPA approval date
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1. High Occupancy Vehicle (HOV) Atlanta Metropolitan Area 11/15/93 and amended on 3/18/99, 4/26/99 and 11/
lane on I-85 from Chamblee- 6/17/96 and 2/5/10. 5/09.
Tucker Road to State Road 316.
High Occupancy Toll (HOT) lane
on I-85 from Chamblee-Tucker
Road to State Road 316.
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[FR Doc. 2012-9814 Filed 4-23-12; 8:45 am]
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