[Federal Register Volume 64, Number 234 (Tuesday, December 7, 1999)]
[Notices]
[Page 68352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31663]
[[Page 68352]]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6504-1]
Inadequacy Status of Submitted State Implementation Plans for
Transportation Conformity Purposes: Houston Attainment Demonstration
Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of inadequacy status.
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SUMMARY: In this document, EPA is notifying the public of its finding
of inadequacy of the motor vehicle emissions budgets (budgets) in the
State Implementation Plan (SIP) submitted on May 19, 1998, for purposes
of demonstration of attainment of ozone National Ambient Air Quality
Standards in the Houston nonattainment area, because the SIP did not
include any budgets for volatile organic compound and nitrogen oxide.
On March 2, 1999, the D.C. Circuit Court ruled that submitted SIPs
cannot be used for transportation conformity determinations until EPA
has affirmatively found them adequate. Since the May 19, 1998,
submittal does not contain adequate budgets, this attainment
demonstration can not be used for future transportation conformity
determinations. No comments were received during the public comment
period.
FOR FURTHER INFORMATION CONTACT: Mr. J. Behnam, or Mr. Ken Boyce, U.S.
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas,
Texas 75202; telephone (214) 665-7247 or (214) 665-7259,
behnam.jahanbakhsh@epamail.epa.gov or boyce.kenneth@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: Transportation conformity is required by
section 176(c) of the Clean Air Act. The EPA's conformity rule, 40 CFR
part 93, requires that transportation plans, programs, and projects
conform to SIPs and establishes the criteria and procedures for
determining whether or not they do. Conformity to a SIP means that
transportation activities will not produce new air quality violations,
worsen existing violations, or delay timely attainment of the national
ambient air quality standards. The criteria by which EPA determines
whether a SIP's motor vehicle emission budgets are adequate for
conformity purposes are outlined in 40 CFR 93.118(e)(4). An adequacy
review is separate from EPA's completeness review, and it should not be
used to prejudge EPA's ultimate approval of the SIP. Even if we find a
budget adequate, the SIP could later be disapproved.
On March 2, 1999, the D.C. Circuit Court of Appeals ruled that
budgets contained in submitted SIPs cannot be used for conformity
determinations unless EPA has affirmatively found the conformity budget
adequate. Where EPA finds a budget inadequate, it cannot be used for
further conformity determinations. We have described our process for
determining the adequacy of submitted SIP budgets in the policy
guidance dated May 14, 1999, and titled Conformity Guidance on
Implementation of March 2, 1999 Conformity Court Decision. You may
obtain a copy of this guidance from EPA's conformity web site: http://
www.epa.gov/oms/traq (once there, click on ``conformity'' and then
scroll down) or by contacting us at the address above.
By this notice, EPA is announcing the inadequacy determination that
we have already made. On May 19, 1998, we received the Houston
attainment demonstration SIP which did not contain volatile organic
compound and nitrogen oxide budgets. Notice that we had received this
SIP was posted on the EPA's website for a 30 day public comment period.
The public comment period closed on August 21, 1999. We did not receive
any comments. After the public comment process, we sent a letter to the
Texas Natural Resource Conservation Commission stating that this SIP is
inadequate for transportation conformity determinations.
This means that the SIP cannot be used for transportation
conformity determinations. As stated in the May 14, 1999, guidance,
EPA's adequacy review is not to be used to prejudge EPA's ultimate
approval or disapproval of the submitted SIPs. Approvability of the
SIPs will be addressed in a future rulemaking.
Therefore, the ozone attainment demonstration SIP as referenced
above cannot be used for transportation conformity by the Metropolitan
Planning Organization in Houston.
Dated: November 24, 1999.
Gregg A. Cooke,
Regional Administrator, Region 6.
[FR Doc. 99-31663 Filed 12-6-99; 8:45 am]
BILLING CODE 6560-50-U
