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

Related Material

Other Related Documents

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: April 10, 2000 (Volume 65, Number 69)]
[Proposed Rules]
[Page 18947-18956]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ap00-25]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[GA54--200017; FRL-6574-9]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The EPA is proposing to approve revisions to the Georgia State
Implementation Plan (SIP) submitted by the State through the Department
of Natural Resources on March 29, 2000, requesting incorporation of the
Atlantic Steel Transportation Control Measure (TCM) into the SIP.

DATES: Comments on EPA's proposed action must be received on or before
May 10, 2000.

ADDRESSES: All comments should be addressed to: Kay T. Prince, Chief,
Regulatory Planning Section at the EPA, Region 4 Air Planning Branch,
61 Forsyth Street, SW, Atlanta, Georgia 30303.
Copies of the state submittal(s) are available at the following
addresses for inspection during normal business hours:

Environmental Protection Agency, Region 4, Air Planning Branch, 61
Forsyth Street, SW, Atlanta, Georgia 30303-8960. Contact Dr. Robert W.
Goodwin at 404/562-9044.
Georgia Department of Natural Resources, Environmental Protection
Division, Air Protection Branch, 4244 International Parkway, Suite 136,
Atlanta, Georgia 30354. 404/363-7000.

FOR FURTHER INFORMATION CONTACT: Dr. Robert W. Goodwin at 404/562-9044,
E-mail: Goodwin.Robert@epa.gov. Information regarding Project XL and
the Atlantic Steel Final Project Agreement is available via the
Internet at the following location: ``http://www.epa.gov/ProjectXL''.

SUPPLEMENTARY INFORMATION:

I. Background

EPA, with the cooperation of State and local authorities, has
initiated Project XL to work with interested companies to develop
innovative approaches for addressing environmental issues. Project XL
encourages companies and communities to come forward with new
approaches that have the potential to advance environmental goals more
effectively

[[Page 18948]]

and efficiently than have been achieved using traditional regulatory
tools.
Atlantis 16th, L.L.C. (hereafter referred to as Jacoby or the
developer), a developer in Atlanta, Georgia, has proposed redevelopment
of a 138-acre site previously owned by Atlantic Steel near Atlanta's
central business district. The proposed redevelopment is a mix of
residential and business uses. Project plans include a new 17th Street
multi-modal (cars, pedestrians, bicycles, transit linkage) bridge that
would cross over and provide access ramps to and from Interstate-75/85
(I-75/85) and connect the site to a nearby Metropolitan Atlanta Rapid
Transit Authority (MARTA) rapid rail mass transit station. Jacoby
worked intensively with representatives of EPA, the State of Georgia,
the City of Atlanta, other local authorities, and public stakeholders
to develop a site-specific Project XL Agreement that will allow
implementation of the redevelopment. The XL Final Project Agreement was
signed September 7, 1999.

A. Why Is Project XL Necessary?

The project site currently suffers from poor accessibility due to
the lack of a linkage to and across I-75/85 and to the existing MARTA
transit system in Atlanta. Construction of an interchange and multi-
modal bridge across I-75/85 at or near 17th Street would improve access
to the site. The bridge would also serve as a vital linkage between the
Atlantic Steel redevelopment and the MARTA Arts Center station. In
addition, construction of the 17th Street bridge was one of the City of
Atlanta's zoning requirements for the redevelopment.
Jacoby is participating in Project XL for the Atlantic Steel
redevelopment because neither the 17th Street bridge nor the associated
I-75/85 access ramps would be able to proceed without the regulatory
flexibility being allowed by EPA under Project XL. Atlanta is currently
out of compliance with federal transportation conformity requirements
because it has not demonstrated that its transportation activities will
not exacerbate existing air quality problems or create new air quality
problems in the region. The Clean Air Act (CAA) generally prohibits
construction of new transportation projects that use federal funds or
require federal approval in areas where compliance with conformity
requirements has lapsed. However, projects which are approved as
Transportation Control Measures (TCMs) in the SIP can proceed--even
during a conformity lapse. EPA reviews and takes rulemaking action on
proposed revisions to SIPs, including proposed TCMs to be included in
SIPs.

B. What Is a TCM?

A TCM is any measure that is specifically identified and committed
to in the applicable SIP that is either one of the types listed in
section 108 of the CAA, or any other measure for the purpose of
reducing emissions or concentrations of air pollutants from
transportation sources by reducing vehicle use or changing traffic flow
or congestion conditions.

C. What Flexibility Is EPA Granting?

The flexibility Jacoby and the City of Atlanta are seeking through
Project XL is to regard the entire redevelopment project, including the
17th Street bridge, as a TCM. The flexibility under Project XL is
necessary because the redevelopment likely would not qualify as a TCM
in the traditional sense. There are two components to the flexibility.
1. The first part of the flexibility is to consider the entire
Atlantic Steel redevelopment to be a TCM. That is, the redevelopment's
location, transit linkage, site design, and other transportation
elements (e.g., provisions for bicyclists; participation in a
transportation management association (TMA)) are viewed together as the
TCM. Section 108 of the CAA lists several types of projects that can be
TCMs, but its language does not limit TCMs to the measures listed.
2. The second aspect of the flexibility sought under Project XL
concerns use of an innovative approach to estimate the air quality
benefit of the Atlantic Steel redevelopment. The redevelopment's air
quality benefit is estimated relative to an equivalent amount of
development at other likely sites in the region. This type of
comparison is available only to this particular redevelopment through
the Project XL process. The entire Atlantic Steel redevelopment would
attract new automobile trips and result in new emissions. Therefore,
redevelopment of the site when considered in isolation would not
qualify as a TCM in the traditional sense. EPA believes, however, that
the Atlanta region will continue to grow, and that redevelopment of the
Atlantic Steel site will produce fewer air pollution emissions than an
equivalent quantity of development that likely would occur at other
potential sites in the region, if the Atlantic Steel redevelopment were
not to occur.

D. Why Is This Flexibility Appropriate?

EPA believes the flexibility described above is appropriate for
this project because of the combination of unique elements of the site
and the redevelopment listed below. In the absence of these elements,
EPA would be unlikely to approve this project as a TCM.
1. The site is a brownfield. An accelerated clean-up of the site
will occur if this TCM is implemented. The clean-up and redevelopment
of the former industrial site aligns with EPA's general efforts to
encourage clean-up and reuse of urban brownfields.
2. The site has a regionally central, urban location. Redeveloping
this property will result in a shift of growth to Midtown Atlanta from
the outer reaches of the metropolitan area. Because of the site's
central location, people taking trips to and from the site will be
driving shorter average distances than those taking trips to and from a
development on the edge of the city. Shorter driving distances will
result in fewer emissions.
3. The redevelopment plan includes a linkage to MARTA. This linkage
would make it possible for those who work at the site to commute
without a car and would serve residents of Atlantic Steel as well as
residents of surrounding neighborhoods. In addition, the transit link
is valuable for those coming to the site for non-work purposes, such as
dining, shopping, and entertainment.
4. The redevelopment plan incorporates many ``smart growth'' site
design principles. These principles include features which promote
pedestrian and transit access rather than exclusive reliance on the
car. The redevelopment will avoid creating areas that are abandoned and
unsafe in the evening, hotels and offices will be within walking
distance of shops and restaurants, shops that serve local needs will be
within walking distance of both the Atlantic Steel site and the
adjacent neighborhoods, and wide sidewalks will encourage walking and
retail use. Jacoby has also responded to the adjacent neighborhood's
request for public parks, designating public space to central locations
rather than relegating it to the edge.
5. The redevelopment plan incorporates many elements that could
qualify as TCMs by themselves. In addition to other features, such as
the linkage to mass transit, the redevelopment will participate in a
TMA. The TMA may participate with the City of Atlanta and Jacoby in
monitoring the transportation performance of the redevelopment by
collecting travel-related data on an annual basis.
With the exception of the site's accelerated clean-up, all of these
elements will have an impact on transportation decisions of people who
begin and/or end trips in the Atlantic

[[Page 18949]]

Steel site. The combination of the site's location in a central urban
area, connection to the existing transit system, design that promotes
pedestrian access, participation in a TMA, and provision of bicycle and
pedestrian conveniences are expected to work together to reduce growth
in auto traffic in the Atlanta region. The redevelopment could
demonstrate that the application of smart growth concepts can make a
difference in travel patterns. Therefore, EPA is proposing to use the
regulatory flexibility under Project XL to approve the Atlantic Steel
redevelopment and its associated transportation projects as a TCM.

II. Analysis of State's Submittal

On March 29, 2000, the State of Georgia through the Department of
Natural Resources submitted to EPA a request to approve the Atlantic
Steel TCM into the SIP. A public hearing on the proposed SIP revision
was held on September 30, 1999.
EPA's policy establishes six criteria that a TCM must meet before
it can be considered for approval in the SIP. These criteria are
contained in the September 1990 report entitled ``Transportation
Control Measures: State Implementation Plan Guidance.'' These six
criteria are addressed in the following six sections.

A. Complete Description of the Measure and Its Estimated Emissions
Reduction Benefits

Current plans for redevelopment of the 138-acre Atlantic Steel site
include 1.6 million ft\2\ of retail space, 4.0 million ft\2\ of office
space, 2885 residential units, 1150 hotel rooms, and 1.5 million ft\2\
of high tech office space to be built in three phases over
approximately ten years. The final site design may change from the
current design site provided in the March 29, 2000, submittal, however
the SIP revision requires the final site design to meet or exceed
certain criteria for overall density, transit-oriented density,
activity diversity, and external street connectivity.
The City of Atlanta has established 27 zoning conditions on the
Atlantic Steel property that are included as part of the SIP revision,
requiring Jacoby to complete certain activities, several of which are
related to implementation of the TCM. Relevant conditions include:
development and appropriate phasing of residential and non-residential
components of the project; development of 17th Street as a mixed use
street; construction of bicycle lanes; creation of and maintenance of
open space; incorporation of a transit connection to the MARTA Arts
Center station from the site; development of a transportation
management plan, including support for and participation in a TMA; and
the necessity of having the 17th Street bridge under contract for
construction before building permits are issued for the site. The SIP
revision requires that the zoning conditions apply to the current
developer and all subsequent developers of the property. The conditions
help ensure that the site design maximizes pedestrian and bicycle
connectivity, transit connections, and activity diversity. Before
construction occurs, the zoning conditions require Jacoby to submit a
site plan to the Bureau of Buildings of the City of Atlanta for
approval. The zoning conditions are described in more detail in section
II.E below.
A multi-modal bridge will be constructed that will connect the site
to Midtown Atlanta and the MARTA Arts Center station on the east side
of I-75/85 at or near 17th Street. The SIP revision requires the bridge
to be designed to accommodate potential future rail transit, with
dedicated transit lanes and adequate widths for dedicated sidewalks and
bicycle lanes. The bridge will also include ramps connecting to I-75/
85.
The SIP revision requires Jacoby to provide an interim rubber tire
shuttle service connecting the Atlantic Steel site with the MARTA Arts
Center Station utilizing the multi-modal bridge. The SIP revision
requires the service to begin operation immediately after construction
of the 17th Street bridge. The SIP revision requires that the duration
of this obligation is for ten years from the date that the 17th Street
bridge opens to traffic or until an appropriate entity operates a fixed
mass transit link providing a similar level of service, whichever
occurs first. The SIP revision requires the shuttle to complement the
hours of service and headways of fixed transit serving the MARTA Arts
Center station, operating on a dedicated transit lane with a projected
minimum headway of four minutes and a projected maximum headway of
eight minutes, and that it will be designed to reduce the number of
single occupant trips made to the site. The SIP revision requires the
shuttle to provide the most direct and closest access practicable to
the anticipated on-site high-density office building development, and,
at a minimum, comply with all requirements of the Americans with
Disabilities Act related to operation of a transit system. The shuttle
system may consist of electric and alternatively fueled buses.
To estimate the air emissions impacts of the Atlantic Steel TCM,
EPA, in consultation with stakeholders including the Federal Highway
Administration (FHWA), the Atlanta Regional Commission (ARC), and local
citizen's groups, undertook three analyses: Regional transportation and
air emissions impacts; local hot spot impacts; and site level travel
impacts. The results of these analyses are included in the SIP revision
in the May 10, 1999, report entitled ``Transportation and Environmental
Analysis of the Atlantic Steel Development Proposal.'' The ARC
Interagency Consultation Group, comprised of staff from Federal, state,
and local transportation and air quality planning agencies in the
Atlanta nonattainment area, approved the modeling methodology EPA used
to estimate the emissions benefits of the proposed Atlantic Steel TCM
at its February 12, 1999, and May 5, 1999, meetings.
To analyze the transportation and air emissions impacts of locating
new development at the Atlantic Steel site, EPA used ARC's regional
transportation model and the MOBILE5 emissions factor model to compare
the Atlantic Steel site to three other possible development locations
for similar-scale development in the Atlanta region. EPA's evaluation
of the Atlantic Steel site's impacts is predicated on two assumptions:
First, Atlanta will continue to grow over the next 20 years. Second,
without redeveloping the 138-acre Atlantic Steel site, more of this
growth will locate in outlying areas.
Analysis of regional transportation and air impacts of the proposed
Atlantic Steel redevelopment indicates that absorbing a portion of
Atlanta's future growth at the Atlantic Steel site would create less
travel and fewer emissions than developing likely alternative sites.
The study estimates that by the year 2015 the Atlantic Steel
redevelopment would generate roughly 0.2-0.3 tons per day fewer
emissions of oxides of nitrogen, and 1.1-1.2 tons per day fewer
emissions of volatile organic compounds, both precursors to ground-
level ozone formation, than comparable developments at other likely
sites in the Atlanta region. However, no emissions credit is being
claimed by the State of Georgia in the SIP revision for the Atlantic
Steel TCM relative to current emissions levels.
EPA analyzed whether additional traffic resulting from the
redevelopment of Atlantic Steel would cause carbon monoxide hot spots,
i.e., localized levels of carbon monoxide exceeding the National
Ambient Air Quality

[[Page 18950]]

Standards. The analysis indicates that the redevelopment would create
no violations of the standards.
Finally, EPA analyzed the transportation and air emissions impacts
of the proposed redevelopment's site design. EPA evaluated three
designs for the Atlantic Steel site: The design submitted at the time
of the Project XL application by Jacoby; a design commissioned by EPA
and created by Duany Plater-Zyberk & Co. (DPZ), a leading town planning
firm; and a redesign by Jacoby that incorporates aspects of the DPZ
design. The designs differ substantially in ways that affect travel
behavior and therefore emissions. Compared to Jacoby's original design,
the DPZ design and Jacoby's redesign excel in three areas in
particular. First, they improve the mix of uses on-site by integrating
them at a finer scale. Second, they provide better connectivity both
on- and off-site. Third, the pedestrian environment is improved through
street design that includes more direct routing and slower traffic
speeds. The current site design is essentially Jacoby's redesign.
In summary, EPA analyzed the impacts of development location and
design on regional vehicle miles traveled (VMT) and emissions. EPA
found that the most regionally central, most transit-accessible, and
most pedestrian-friendly location and site design combinations--those
at the Atlantic Steel location--produced the least VMT, emissions, and
other environmental impacts. The SIP revision requires the final site
design to meet or exceed certain criteria that were derived, in part,
from EPA's analysis. The site design criteria help ensure that the
redevelopment will contain the high density, mixed use, transit- and
pedestrian-friendly components EPA studied.
EPA finds that the City of Atlanta and State of Georgia have met
this criterion by providing a complete description of the measure and
its estimated emissions reduction benefits.

B. Evidence That the Measure Was Properly Adopted by a Jurisdiction
With Legal Authority To Commit to and Execute the Measure

The City of Atlanta is the sponsor of the Atlantic Steel TCM and is
responsible for implementing and monitoring the project according to
the criteria and schedule in the SIP revision. This commitment is
evidenced by a letter contained in the SIP revision dated June 22,
1999, from the Honorable Michael A. Dobbins, Commissioner of Planning,
Development, and Neighborhood Conservation for the City of Atlanta, to
Mr. Harry West, Executive Director of ARC.
In addition, the SIP revision contains a copy of the resolution
approved by the ARC Board on June 23, 1999, in which the proposed
Atlantic Steel TCM was adopted as part of the Interim Atlanta Region
Transportation Improvement Program, Fiscal Years 2000-2002.
EPA finds that the City of Atlanta and State of Georgia have met
this criterion by providing sufficient evidence that the measure was
properly adopted by a jurisdiction with legal authority to commit to
and execute the measure.

C. Evidence That Funding Has Been (Or Will Be) Obligated To Implement
the Measure

Although not a direct transportation/air quality component,
remediation of the site is a necessary precondition for development.
Presently, the estimated cost of remediation is $10 million, which will
be paid by the sellers of the property with funds from the purchase
price.
The value of the land after remediation is conservatively estimated
at $1 million per acre. Of the 138 acres, 47 acres to the west of I-75/
85 are scheduled for right-of-way acquisition. The SIP revision
requires that, as appropriate, right-of-way for streets, sidewalks,
transit, bicycle lanes and open space will be dedicated by Jacoby
without cost. The SIP revision requires Jacoby to provide right-of-way
in the development to MARTA or other acceptable entity for the
construction of a transit linkage connecting the Atlantic Steel site to
the MARTA Arts Center station. The estimated value of the right-of-way
dedication is $47 million.
The SIP revision identifies several financing mechanisms available
to assist with funding for construction of roads, sidewalks and bicycle
lanes. The SIP revision includes an ordinance adopted by the City of
Atlanta calling for the collection of Transportation Impact Fees. Fees
are based upon a cost per peak hour VMT less property tax credit
assessed on an amount of square feet for different building types.
Jacoby can request a waiver of impact fees of similar magnitude
provided the improvements are made as part of the project. Fees are
collected at the time a building permit is issued. Appropriate
expenditures of fees include projects that promote pedestrian activity,
bicycling, mass transit and other alternatives to automobile
transportation. As per the current site plan, Transportation Impact
Fees for phase one of the project are approximately $2.8 million.
Estimates based upon phase two and phase three development plans are
approximately $9.7 million.
An alternative method of financing improvements identified and
included in the SIP revision is the Atlantic Steel Brownfield Area and
Tax Allocation District Number Two (BATAD#2). The BATAD#2 was approved
by the Atlanta City Council on October 4, 1999, and signed by the Mayor
of the City of Atlanta on October 5, 1999. The BATAD#2 will issue bonds
against anticipated revenues to pay for infrastructure improvements.
The BATAD#2 will continue in existence for 25 years. The estimated tax
increment base set by the City of Atlanta is $7.5 million. This
leverages approximately $75 million.
Current estimates for the construction of roads, sidewalks and
sewers to the west of I-75/85 are $15 million; preliminary
architectural and engineering costs are estimated to be $12 million.
The SIP revision establishes that funding for the various
infrastructure improvements associated with redevelopment of the
Atlantic Steel site will be achieved through either imposition of
Transportation Impact Fees or by the BATAD#2, as described above.
The cost of the 17th Street bridge is estimated to be approximately
$53 million, with an additional $25 million to purchase required right-
of-way and easement for that area of the project beyond the Atlantic
Steel development site. The Georgia Department of Transportation (GDOT)
has committed to fund all construction costs (which includes the local
matching funds) for the western section of 17th Street starting at the
railroad bridge and extending to Northside Drive, the 17th Street
bridge interchange, including the bridge ramps, frontage road
relocations, associated intersections and approaches for 17th Street at
Spring Street and West Peachtree Street, and the possible
reconstruction of the 14th Street bridge over I-75/85. GDOT will
reserve and assign funding to ARC and provide the local match for
construction of the 17th Street bridge. GDOT will also fund utility
relocations. In addition, GDOT will place the 17th Street corridor from
Northside Drive to Spring Street and West Peachtree Street on the
temporary state system. This will enable GDOT to finance the purchase
of the required right-of-way and easement for that area of the project
beyond the Atlantic Steel development site. These commitments by GDOT
are part of the SIP revision and are evidenced by: (1) A letter from
GDOT Commissioner Wayne Shackelford to City of Atlanta Commissioner
Michael A. Dobbins

[[Page 18951]]

dated February 5, 1999; (2) a GDOT interdepartment correspondence from
Joseph P. Palladi to Commissioner Wayne Shackelford dated January 31,
2000; and (3) a letter from Commissioner Wayne Shackelford to City of
Atlanta Mayor Bill Campbell dated March 7, 2000.
There are also operating costs associated with the development of
the TCM. This includes the cost of operating an interim shuttle service
to satisfy transit obligations. Exclusive of right-of-way, hard costs
associated with the shuttle service are estimated at $2.68 million;
annual operations are estimated to be approximately $1.88 million. The
SIP revision requires the cost of the shuttle to be borne by Jacoby.
A TMA is to be formed for the Midtown area of the City of Atlanta.
The purpose of the TMA is to gather information on performance measures
to be submitted to ARC for evaluation of emissions benefits, as well as
to manage alternative transportation programs within the Atlantic Steel
site. Start-up costs for the TMA are estimated to be $150,000. Annual
operating costs will be in the range of $250,000. The SIP revision
requires Jacoby to assist with initial financial support for the TMA.
As the TMA progresses, participants (i.e. employers, property managers)
will pay dues to support the operation of the organization. The TMA may
also be funded by the BATAD #2.
Estimated project costs and funding sources identified in the SIP
revision are included in Tables 1 through 4 below.

Table 1.--On-Site Transportation Infrastructure Cost Estimates
----------------------------------------------------------------------------------------------------------------
Component Estimate (in millions) Funding source(s)
----------------------------------------------------------------------------------------------------------------
Streets, Sidewalks, Transit Lanes (Right of $40 Developer.
Way).
Streets, Sidewalks, Transit Lanes 15 BATAD #2 Impact Fees.
(Construction).
Utilities...................................... 9 BATAD #2 Impact Fees.
Public Amenities............................... 24 BATAD #2 Impact Fees.
----------------------------------------------------------------
Total.................................... 88
----------------------------------------------------------------------------------------------------------------

Table 2.--17th Street Bridge Cost Estimates
----------------------------------------------------------------------------------------------------------------
Phase Estimate (In millions) Funding source(s)
----------------------------------------------------------------------------------------------------------------
Right of Way (Off Site)........................ $25 GDOT, Federal.
Preliminary Engineering and Design............. 4 Developer.
Construction................................... 53 GDOT, Federal.
----------------------------------------------------------------
Total.................................... 82
----------------------------------------------------------------------------------------------------------------

Table 3.--Transit Capital Cost Estimates
----------------------------------------------------------------------------------------------------------------
Component Estimate (In millions) Funding source(s)
----------------------------------------------------------------------------------------------------------------
Shuttle Stations............................... $0.52 Developer.
Shuttle Stops.................................. 0.36 Developer.
Fleet.......................................... 1.8 Developer.
----------------------------------------------------------------
Total.................................... 2.68
----------------------------------------------------------------------------------------------------------------

Table 4.--Transit Annual Operating Cost Estimate
----------------------------------------------------------------------------------------------------------------
Component Estimate (in millions) Funding source
----------------------------------------------------------------------------------------------------------------
Annual Operating Cost.......................... $1.88 Developer.
----------------------------------------------------------------------------------------------------------------

EPA finds that the City of Atlanta and State of Georgia have met
this criterion by providing sufficient evidence that funding has been
(or will be) obligated to implement the measure.

D. Evidence That All Necessary Approvals Have Been Obtained From All
Appropriate Government Entities

The Georgia Environmental Protection Division (EPD) finalized
approval of the site remediation plan as evidenced by a letter from the
Director of EPD, Mr. Harold F. Reheis, to Mr. Jesse J. Webb, Chief
Executive Officer of Atlantic Steel Industries, and Mr. Hilburn O.
Hillstead, Vice President of Atlantis 16th, L.L.C., dated December 10,
1999.
The City of Atlanta approved the rezoning of the Atlantic Steel
property on April 13, 1998. The City approved the Transportation Impact
Fees ordinance on June 12, 1994. The City approved the BATAD #2 on
October 5, 1999. Fulton County approved the BATAD #2 on November 3,
1999. The Atlanta Board of Education approved the BATAD #2 on December
13, 1999. These approvals are evidenced by copies of the relevant
ordinances and the BATAD#2, which are included in the SIP revision.
Implementation of the TCM will require approval of an Interchange
Modification Report for the 17th Street bridge and approval of the
National Environmental Policy Act document by FHWA. Because Atlanta is
currently in a transportation conformity lapse, these approvals cannot
take place until EPA approves the Atlantic Steel TCM SIP revision. FHWA
is committed to working with all appropriate agencies to approve these
documents once this SIP is approved.

[[Page 18952]]

EPA finds that the City of Atlanta and State of Georgia have met
this criterion by providing sufficient evidence that all necessary
approvals have been or will be obtained from all appropriate government
entities.

E. Evidence That a Complete Schedule To Plan, Implement, and Enforce
the Measure Has Been Adopted by the Implementing Agency or Agencies

The SIP revision contains the TCM implementation schedule listed in
Table 5.

Table 5.--Implementation Schedule
------------------------------------------------------------------------
Timeframe and activity
-------------------------------------------------------------------------
01/01/2000-12/31/2000:
Complete remediation and infrastructure.
Begin design of bridge.
Begin Phase I vertical development.
01/01/2001-12/31/2001:
Complete bridge design.
Begin bridge construction.
01/01/2002-12/31/2003:
Complete bridge construction.
Complete Phase I vertical development.
Retail--1.2 million ft\2\.
Office--1.0 million ft\2\.
Residential--1,000 units.
Hotel--383 rooms.
High Tech--0.5 million ft\2\.
01/01/2004-12/31/2005:
Complete Phase II vertical development:
Retail--0.3 million ft\2\--Total: 1.5 million ft\2\.
Office--0.5 million ft\2\--Total: 1.5 million ft\2\.
Residential--600 units--Total: 1,600 units.
Hotel--192 rooms--Total: 575 rooms.
High Tech--0.5 million ft\2\--Total: 1.0 million ft\2\.
01/01/2006-build-out\1\:
Complete Phase III vertical development:
Retail--0.1 million ft\2\--Total: 1.6 million ft\2\.
Office--2.5 million ft\2\--Total: 4.0 million ft\2\.
Residential--1285 units--Total: 2885 units.
Hotel--575 rooms--Total: 1150 rooms.
High Tech--0.5 million ft\2\--Total: 1.5 million ft\2\.
------------------------------------------------------------------------
\1\ The build out projections will vary. These numbers relate to the
BATAD#2 projections.

This is a non-traditional TCM. It includes aspects which, if
considered alone, may qualify as TCMs and other aspects which would not
by themselves qualify as TCMs, but contribute to anticipated air
quality benefits through this project. The resulting TCM is complex and
requires a non-traditional analysis by EPA. Normally, EPA's review
would focus on whether a sponsoring agency of a proposed TCM has
sufficient legal authority, procedures and resources to complete a
particular project. For a vanpool or high occupancy vehicle lane
project, for example, this inquiry is fairly straightforward. For this
project, with its overlap of land use, site design, mass transit and
pedestrian elements, the inquiry is broadened considerably.
All of the parts of this TCM cannot be accomplished with a single
piece of legislation or a single agreement. The City of Atlanta has
therefore adopted a multi-faceted approach which has been tailored to
accomplish the goal of turning an urban brownfield site into a mixed-
use community which encourages and facilitates alternative modes of
transportation. The two central pieces of this strategy are the zoning
conditions applicable to this site adopted by the City and the creation
of the BATAD#2, which allows for the reinvestment of tax revenues from
the site to pay for the necessary infrastructure improvements. The
following is a discussion of how the BATAD#2 and zoning conditions will
allow the City of Atlanta to plan, implement, and enforce the necessary
components of this TCM.
At the request of Jacoby, and with the support of the affected
neighborhood groups, on April 13, 1998, the City of Atlanta adopted 27
special zoning conditions for the Atlantic Steel site that go beyond
the zoning conditions typically adopted by the City. The SIP revision
contains evidence that these conditions have been fully adopted by the
City. Specific conditions which EPA believes support this project being
classified a TCM include the following:
1. Rezone the property to C-4-C (mixed use) classification. By
allowing a mix of uses the site design will limit trips as persons who
work or live at the site will have retail and entertainment
opportunities nearby.
2. The property will be developed in accordance with the ``Use
Diagram'' filed with the City which includes right-of-way for bicycle
lanes, sidewalks, mass transit lines and greenspace. It also limits the
uses available in certain sensitive areas of the site to help maintain
a desirable quality of life for residents.
3. The development will be subject to restrictive covenants which
will provide for maintenance of open space areas and architectural
control on all buildings through an architectural review board, which
will include representatives from neighboring Home Park and Loring
Heights. This condition will help provide and keep up greenspace as
well as ensure a desirable quality of life for residents and visitors.
4. The developer will work with the City and neighborhood groups to
limit cut-through traffic in designated areas by use of cul-de-sacs and
traffic calming devices. This condition will promote pedestrian
activity.
5. There will be at least seven acres of open space which will
include a lake and landscaped areas as indicated in the ``Primary
Residential'' area of the diagram. This condition will help create a
pedestrian-friendly atmosphere.
6. Design standards with dimensions for streetscape, pedestrian and
bike paths will be implemented as depicted on the drawing and will be
installed concurrently with the street system. This condition will help
ensure that non-automobile access is prioritized concurrently with road
construction.
7. No ``at-grade'' crossing over the railroad line at Mecaslin
Street will be utilized and the developer will not pursue any other
crossing of Mecaslin Street north of the railroad line, except to
provide a trail link and crossing for bikes and pedestrians. The
developer also will construct a 12-feet wide concrete, multi-use trail
connection to this crossing from the bike lanes on 17th Street and the
multi-use trail. This condition will encourage pedestrian and bicycle
activity.
8. The developer will incorporate people movers and other
alternative forms of public transportation into its plans, subject to
state, local and Federal approvals, including plans for access to the
MARTA Arts Center station as well as provision for a rail corridor to
the west and use its best efforts to see that such transportation is
provided. This condition will contribute to the transit and pedestrian
orientation of the project.
9. Only retail shops will be allowed in all buildings facing 17th
street in the ``Mixed Use'' area. This will encourage pedestrian
activity by creating a pedestrian friendly atmosphere and destinations
for pedestrians.
10. The developer will use best efforts to ensure that development
is phased so that proposed residential is completed before or
concurrently with proposed retail/commercial. This will help ensure
development of the mixed-use attributes of the site, which relates to
the pedestrian orientation of the project.
11. Primary pedestrian entrances shall face public sidewalks. This
condition will enhance the pedestrian friendly design of the site.
12. In the 17th Street ``Mixed Use'' area, no parking or driveways
shall be permitted between any building and the sidewalk (with the
exception of parking

[[Page 18953]]

garages and hotels with circular driveways). This condition will
enhance the pedestrian friendly design of the site.
13. In the 17th Street ``Mixed Use'' area, curb cuts will be
limited to one per building (except for parking garages and hotels,
which may have two). This condition will enhance the pedestrian
friendly design of the site.
14. In the 17th Street ``Mixed Use'' area, buildings shall be set
back no more than 25 feet from edge of the curb, except to provide
public plazas, greenspace or pedestrian space. This condition will
enhance the pedestrian friendly design of the site.
15. No temporary or permanent Certificates of Occupancy will be
provided by the city until the Bureau of Buildings certifies that
entire landscape plan for that phase of the development has been fully
implemented. This condition will help ensure that landscape, pedestrian
and greenspace designs receive priority from the developer.
16. All proposed pedestrian and open space improvements must be
fully implemented for that phase of development before any temporary or
permanent Certificates of Occupancy shall be issued. This condition
will help ensure that landscape, pedestrian and greenspace designs
receive priority from the developer.
17. The Bureau of Buildings shall not issue a building permit until
such time as the applicant has submitted a Transportation Management
Plan for all non-residential components. This condition is designed to
ensure that an important focus of the development remains consideration
of pedestrians and mass transit.
18. The developer is required to meet with the local neighborhood
planning unit on an annual basis to report on the status of the
project. This condition will help ensure that the developer stays in
communication with affected residents and gives the public an
opportunity to stay involved and monitor progress at the site.
The City of Atlanta has the legal authority to enact, implement and
enforce the zoning conditions described above. Further, affected
citizens and businesses also have standing under Georgia law to bring a
lawsuit and enforce specific zoning conditions, provided they can meet
the standing requirements. By proposing this project as a TCM ,
adopting these zoning conditions, and by committing to implement this
project as part of the SIP revision, the City of Atlanta is
demonstrating that it is willing to implement and enforce the necessary
measures to complete this project.
The City of Atlanta's commitment to this project is also evident by
the creation of the BATAD#2. The BATAD#2, created pursuant to Georgia
law, allows Atlanta to commit anticipated public tax revenues to the
necessary infrastructure improvements to accomplish the goals set forth
in the proposed Redevelopment Plan by the City for the site. The City
will contract with the Atlanta Development Authority to serve as the
City's ``Redevelopment Agent'' responsible for implementing the
proposed Redevelopment Plan. An important consideration for EPA in
analyzing a TCM proposal includes whether or not there is sufficient
financial support to implement the project as well as whether there is
sufficient political means to complete a project. By creating the
BATAD#2, Atlanta ensures that not only will there be sufficient funds
and an enforcement mechanism for them, but the BATAD#2 also contributes
additional mechanisms for assisting the implementation of mass transit
and pedestrian orientation at the site.
The BATAD#2 will provide funding for the construction and
maintenance of sidewalks, bike-paths, open space and other quality of
life attributes of the site. Jacoby will donate the right-of-way for
streets, sidewalks, bike-lanes and open space consistent with the Site
Plan filed under the zoning conditions. The BATAD#2 will then ensure
that funding is available for transportation and other important
infrastructure improvements such as waste and stormwater controls.
The BATAD#2 will be able to provide some funding for the study and
implementation of mass transit service to the Atlantic Steel site and
connectivity to existing MARTA rail (i.e, contribute towards a local
match for securing federal transit support). As with sidewalks, bike-
paths and roads, Jacoby will donate the right-of-way to either the City
or MARTA (or another suitable entity) to ensure that land acquisition
of the necessary right-of-way is not an impediment to the success of
the transit/pedestrian orientation of the site.
The BATAD#2 will provide the City with the financial wherewithal to
coordinate development activities at the site with the various
stakeholders, most important, the residents, neighbors and business
owners in the area. The BATAD#2 may also provide the necessary funding
for the creation of a TMA for the area. A TMA can play a crucial role
in developing and implementing methods to reduce congestion, VMT and
unnecessary automobile trips.
Despite the non-traditional aspects of this TCM, it is still
subject to the same enforceability considerations and constraints
applicable to any TCM as required by the Clean Air Act and its
implementing regulations. Control measures adopted into a SIP are
enforceable by EPA pursuant to section 113 of the CAA (42 U.S.C. 7413).
That section provides for the assessment by the Administrator of civil
penalties of up to $27,500 per day per violation against a person who
has violated any requirement or prohibition of an applicable
implementation plan. An ``applicable implementation plan'' is defined
as that portion of a state implementation plan, which has been approved
by the Administrator. (CAA Section 302(q) (42 U.S.C. 7602(q)). Once the
SIP revision is approved by the EPA, it becomes part of the State's
``applicable implementation plan'' or SIP, and enforceable by EPA as
well as by the State. Violations of SIP measures relating to TCMs are
also enforceable by citizen suit under section 304(a)(1) and (f)(3).
Given the extraordinary zoning conditions placed on the site, and
the creation of the BATAD#2 with the specific objective of providing
the necessary funding for requisite infrastructure improvements, EPA
finds that the City of Atlanta and State of Georgia have met this
criterion by providing sufficient evidence that a schedule to plan,
implement, and enforce the measure has been adopted by the City.

F. Description of the Monitoring Program To Assess the Measure's
Effectiveness and To Allow for Necessary In-Place Corrections or
Alterations

The implementation and performance of the Atlantic Steel TCM will
be monitored in accordance with the following seven main components:
1. The City of Atlanta has established zoning conditions on the
Atlantic Steel property that require the project developer to complete
certain activities that are also related to implementation of the TCM.
(See section II.E above.) Compliance with zoning conditions is
enforceable by law.
2. The SIP revision requires that the 17th Street bridge must be
designed as a multi-modal facility that will provide a connection to
the MARTA Arts Center station, accommodate future rail transit, and
provide adequate widths dedicated for sidewalks and bicycle lanes. The
SIP revision requires GDOT to ensure that the bridge will not be
constructed

[[Page 18954]]

without these elements. In addition, there are a number of design-
specific measures that will be considered in the next phase of bridge
and intersection design to ensure that bicycle and pedestrian needs are
met. These include: construction of narrower lanes to shorten the
length of the intersection crossing; develop wider medians to provide
islands; consideration of prioritized signal timing for pedestrians;
use of special surface treatments for cross walks; consideration of
elimination of turn lanes; and consideration of phased construction of
17th Street to provide for optimal pedestrian improvements. The SIP
revision requires the City of Atlanta and GDOT to commit to work with
affected stakeholders of the project to ensure that pedestrian needs
are considered and a continuous flow of pedestrian movement is
maintained in the design of roadways and intersections connecting the
17th Street bridge into Midtown Atlanta.
3. The SIP revision requires Jacoby to submit copies of the site
plan, with revisions, to the City of Atlanta, ARC, EPD, and EPA Region
4 annually after the 17th Street bridge opens to traffic until the
project is built-out. The SIP revision requires that when the project
reaches two-thirds build-out or after six years from the date that the
bridge opens to traffic, whichever comes first, the site design will be
compared to the four site design criteria targets listed in Table 6.
The site design criteria will be evaluated consistent with the
definitions and methodologies contained in the EPA report entitled
``Transportation and Environmental Analysis of the Atlantic Steel
Development Proposal,'' dated May 10, 1999. The comparison will
evaluate whether the site meets or will meet the criteria. If the site
design at this time does not meet or exceed the target values in Table
6, Jacoby must submit and receive approval from the City of Atlanta,
ARC, EPD, and EPA for a revised final site plan that does. Project
build-out is defined as the amount of development allowed under the
conditions of zoning for the Atlantic Steel project.

Table 6.--Atlantic Steel TCM Site Design Criteria
----------------------------------------------------------------------------------------------------------------

Criterion Description Target value Criterion Description
-------------------------------------------------------------------------------------- --------------------------------
Overall density.................... Total number of residents 12,000
+ employees on site.
Transit-oriented density ¹......... Total number of residents 180
+ employees per net acre
within \1/4\-mile of an
on-site transit stop.
Activity diversity................. Percent of blocks with 33
mixed uses ².
External street connectivity....... Average distance (in feet) 1,000--unl
between site ingress/ ess the City of
egress streets. Atlanta specifies
otherwise ³
----------------------------------------------------------------------------------------------------------------
\1\ Transit-oriented density around any individual transit stop may vary significantly, but the average density
around all transit stops must be equal to or greater than 180 people per net acre within \1/4\ mile of the
stop. This measure only includes on-site acreage.
\2\ Percent of blocks with mixed use. A block is defined traditionally by the area contained within streets.
Classification of uses will be according to major Standard Industrial Classification codes.
\3\ This is calculated by dividing the length of the site's perimeter in feet by the number of ingress/egress
streets. It is possible that the City of Atlanta would prevent connectivity of some streets or close access to
some streets after they are built at the request of adjacent neighborhoods. Because this would be beyond the
control of developers of the Atlantic Steel property, if such an event occurs, the target value is no longer
effective.

4. The SIP revision requires that the TCM be monitored annually,
beginning in the year following the opening of the 17th Street bridge
to traffic and biennially after the project has reached two-thirds
build-out. As part of the monitoring effort, the City of Atlanta will
be responsible for collecting and maintaining the following data, at a
minimum:
a. Average daily VMT per resident;
b. Average daily VMT per employee working at the site;
c. The percent of all combined trips made to, from and on the site
by residents and employees in modes other than single occupancy
vehicles (modal splits); and
d. Origin and destination data for trips made to, from and on the
site by residents and employees.
The SIP revision requires the City of Atlanta and Jacoby, through a
contractor or through the TMA, to develop a plan for data collection
and submit it to ARC, EPD, and EPA Region 4 for approval prior to
opening of the 17th Street bridge to traffic. The SIP revision
specifies that data collection will continue until ten years following
redesignation by EPA of the Atlanta area to attainment under the
National Ambient Air Quality Standards for ozone. The SIP revision
requires that the data be evaluated consistent with the definitions and
methodologies contained in the EPA report entitled ``Transportation and
Environmental Analysis of the Atlantic Steel Development Proposal,''
dated May 10, 1999. ARC will be responsible for deriving mobile source
emissions obtained from the data. At any time, the City of Atlanta may
choose to solicit other transportation information such as travel cost
and transit patronage that are beneficial for devising strategies to
reduce VMT and single occupancy automobile travel.
This data collection requirement may necessitate that EPA submit an
Information Collection Request (ICR) to the Office of Management and
Budget. EPA will submit the ICR at a later date. Until EPA receives
approval of the ICR, any component of the monitoring of this TCM that
requires a survey of ten or more people may not be enforceable.
5. The SIP revision requires that at two, three and a half, and
five years after the 17th Street bridge opens to traffic, the City of
Atlanta, EPD, and EPA Region 4 will compare the observed average daily
VMT per resident, the observed average daily VMT per employee working
at the site, and the observed percent of all combined trips made to,
from and on the site by residents and employees in modes other than
single occupancy vehicles with ARC's most recent estimates of the
regional (Atlanta 13-county nonattainment area) averages for these
measures. If either of the observed VMT measures for the site is
greater than or equal to the corresponding regional average, or if the
observed mode split for the site is less than or equal to the regional
average, then Jacoby will identify funding or fund the creation of a
TMA for a period of twenty years from the applicable date, if employers
and property managers are not participating in a TMA at that time. (The
SIP revision requires that employers on the Atlantic Steel site
participate in a TMA and that Jacoby assist with initial financial
support for the TMA.) The TMA will consult with the City of Atlanta
concerning implementation of additional alternative

[[Page 18955]]

transportation programs that achieve the performance standards
stipulated in Table 7. The SIP revision requires the City of Atlanta to
ensure that these programs will be developed and implemented, as
appropriate, by the TMA.

Table 7.--Atlantic Steel TCM Performance Measures
------------------------------------------------------------------------
Performance measure Description Target value
------------------------------------------------------------------------
VMT per resident.............. Average daily VMT for 27.
all trips made by
residents of the site.
VMT per employee.............. Average daily VMT for 11.
trips to and from
work for employees
working on site.
Mode Split.................... Percent of all trips 25.
to, from and on the
site made by
residents and
employees combined,
using non-SOV modes.
------------------------------------------------------------------------

6. The SIP revision requires that starting at six years after the
17th Street bridge opens to traffic or at two-thirds build-out,
whichever occurs first, and at any time thereafter, if the site is not
meeting or exceeding the performance targets contained in Table 7,
Jacoby will identify funding or fund the creation of a TMA for a period
of twenty years from the applicable date, if employers and property
managers are not participating in a TMA at that time. (The SIP revision
requires that employers on the Atlantic Steel site participate in a TMA
and that Jacoby assist with initial financial support for the TMA.) The
SIP revision requires the TMA to consult with the City of Atlanta
concerning implementation of additional alternative transportation
programs that achieve the performance standards stipulated in Table 7.
The SIP revision requires the City of Atlanta to ensure that these
programs will be developed and implemented, as appropriate, by the TMA.
Examples of suggested programs are:
a. Transit discounts for on-site employees.
b. Increased provision of shuttle bus service or other transit
service.
c. Increased parking rates, by time-of-day, by facility, and by
parking type, as needed.
d. Reduction of available parking facilities or spaces.
e. Carpool/vanpool matching services.
f. Providing free or highly discounted annual regional transit
passes with each residential unit (included in leases and property
covenants).
g. Addition of traffic calming measures, such as raised pedestrian
crosswalks, sidewalk bump-outs, diagonal on-street parking, or
pedestrian islands.
h. Provisions and support for neighborhood car rental, car sharing
systems, and real-time ridesharing services for residents and visitors.
i. Provision of additional facilities and amenities for non-SOV
users such as bus shelters, bike racks and lockers, sidewalks, bike
paths, park-and-ride facilities, telephones at shelters, newsstands,
convenience retail, and daycare facilities.
j. Provision of guidance for telecommuting and alternative work
schedules.
k. Employee Commuter Choice incentives--employees would be given
the opportunity to purchase employer-discounted transit passes and
vanpool benefits using pre-tax dollars.
EPA finds that the City of Atlanta and State of Georgia have met
this criterion by providing sufficient evidence that a monitoring
program to assess the measure's effectiveness and to allow for
necessary in-place corrections or alterations has been included in the
TCM.

III. Proposed Action

EPA finds that the Atlantic Steel TCM SIP revision satisfies EPA's
six TCM criteria, and therefore EPA is proposing approval of the
aforementioned changes to the Georgia SIP.

IV. Administrative Requirements

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. This action
merely proposes to approve 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 proposes to approve pre-existing requirements 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). For the same
reason, this rule also does not significantly or uniquely affect the
communities of tribal governments, as specified by Executive Order
13084 (63 FR 27655, May 10, 1998). This rule will 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), because it
merely approves a state rule implementing a federal standard, 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 (62 FR 19885, April 23, 1997),
because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. 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 Clean Air Act. 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. As required by section 3
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing
this rule, EPA has taken the necessary steps to eliminate drafting
errors and ambiguity, minimize potential litigation, and provide a
clear legal standard for affected conduct. EPA has complied with
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the
takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of

[[Page 18956]]

Unanticipated Takings'' issued under the executive order. The data
collection requirement may necessitate that EPA submit an ICR to the
Office of Management and Budget. EPA will submit the ICR at a later
date. Until EPA receives approval of the ICR, any component of the
monitoring of a TCM that requires a survey of ten or more people may
not be enforceable.

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.

Authority: 42 U.S.C. 7401-7671q.

Dated: April 3, 2000,
John H. Hankinson, Jr.,
Regional Administrator, Region 4.
[FR Doc. 00-8835 Filed 4-7-00; 8:45 am]
BILLING CODE 6560-50-P

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

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

Related Material

Local Navigation