[Federal Register Volume 64, Number 220 (Tuesday, November 16, 1999)]
[Notices]
[Pages 62198-62199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29890]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6475-3]
Adequacy Status of Submitted State Implementation Plans for
Transportation Conformity Purposes: State Implementation Plan for the
Attainment and Maintenance of the NAAQS for Ozone--Southeastern
Pennsylvania
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of adequacy status.
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SUMMARY: In this document EPA is announcing that the attainment motor
vehicle emissions budgets (hereafter referred to as ``budgets'')
contained in the State Implementation Plan for the Attainment and
Maintenance of the NAAQS for Ozone Meeting the Requirements of the
Alternative Ozone Attainment Demonstration Policy--Phase II for
Southeastern Pennsylvania are not adequate for transportation
conformity purposes. We are
[[Page 62199]]
concurrently announcing that the Rate of Progress (ROP) motor vehicle
emission budgets contained in this same State Implementation Plan
submittal are adequate for transportation conformity purposes. As a
result of our finding, the attainment budgets contained in the
submitted Phase II Ozone Attainment and Maintenance Plan may not be
used for future conformity determinations, but the ROP motor vehicle
emission budgets contained in the same submittal may be used for future
conformity determinations in the Southeastern Pennsylvania area.
DATES: These ROP budgets are effective on December 1, 1999.
FOR FURTHER INFORMATION CONTACT: Larry Budney, U.S. EPA, Region III,
1650 Arch Street, Philadelphia, PA. 19103 at (215) 814-2184 or by e-
mail at: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' are used we mean EPA. The word ``budgets'' refers to
the mobile source emission budget for volatile organic compounds (VOCs)
and the mobile source emissions budget for nitrogen oxides
(NOX). The word SIP in this document refers to the Phase II
State Implementation Plan submitted to to demonstrate ROP and to
demonstrate attainment and maintenance of the 1-hour National Ambient
Air Quality Standard for ozone in the Pennsylvania portion of the
Philadelphia-Wilmington-Trenton ozone nonattainment area.
On April 30, 1998, the Pennsylvania Department of Environmental
Protection (PADEP) submitted its State Implementation Plan for the
Attainment and Maintenance of the NAAQS for Ozone Meeting the
Requirements of the Alternative Ozone Attainment Demonstration Policy--
Phase II. The SIP contained mobile source vehicle emissions budgets
both for ROP and for attainment. Based upon its review, EPA is finding
the motor vehicle emission budgets in the attainment plan portion of
the submittal not adequate for the purposes of transportation
conformity. The attainment motor vehicle emission budgets, when
considered together with all other emission reductions, were not
consistent with applicable requirements for attainment as required in
40 CFR part 93, Sec. 93.118(e)(4)(iv) of the conformity rule. We are
concurrently finding the motor vehicle emission budgets in the 1999,
2002, and 2005 ROP plan adequate since they met the review criteria in
40 CFR part 93, section 93.118(e)(4)(i) through (e)(4)(vi) of the
conformity rule.
On March 2, 1999, the D.C Circuit Court ruled that motor vehicle
emission budgets contained in submitted SIPs cannot be used for
conformity determinations until EPA has affirmatively found them
adequate. In accordance with that ruling, on August 2, 1999, we posted
a notice on our web site at: http://www.epa.gov/oms/traq stating that
we were taking comments on the adequacy of motor vehicle emissions
budgets found in the State Implementation Plan for the Attainment and
Maintenance of the NAAQS for Ozone Meeting the Requirements of the
Alternative Ozone Attainment Demonstration Policy--Phase II. The
comment period closed on August 31, 1999. We received no comments.
Today's document is simply an announcement of a finding that we
have already made. On October 26, 1999 EPA Region III sent a letter to
the PADEP stating that the attainment motor vehicle emissions budgets
found in the State Implementation Plan for the Attainment and
Maintenance of the NAAQS for Ozone Meeting the Requirements of the
Alternative Ozone Attainment Demonstration Policy--Phase II are not
adequate for transportation conformity purposes. We also indicated that
we were finding the ROP motor vehicle emission budgets found in the SIP
adequate for transportation conformity purposes. The essential
information in this document will also be posted on EPA's conformity
website: http://www.epa.gov/oms/traq (once there, click on the
``Conformity'' button, then look for ``Adequacy Review of Submissions
for Conformity'').
Transportation conformity is required by section 176 (c) of the
Clean Air Act. EPA's conformity rule requires that transportation
plans, programs, and projects conform to SIPs and establishes the
criteria and procedures for determining whether or not they do so.
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 we determine whether a SIP's budgets are adequate
for conformity purposes are outlined in 40 CFR 93.118 (e) (4). Please
note that an adequacy review is separate from EPA's completeness
review, and EPA's review to determine if the SIP is approvable. Even if
we find a budget adequate, the SIP could later be disapproved.
We have described our process for determining the adequacy of
submitted SIP budgets in guidance memorandum dated May 14, 1999 and
titled ``Conformity Guidance on Implementation of March 2, 1999
Conformity Court Decision''. We have followed this guidance in making
this adequacy determination for the budgets contained in the State
Implementation Plan for the Attainment and Maintenance of the NAAQS for
Ozone Meeting the Requirements of the Alternative Ozone Attainment
Demonstration Policy--Phase II submitted on April 30, 1998 by PADEP.
You may obtain a copy of this guidance from EPA's conformity web site:
http://www.epa.gov/oms/traq (once there, click on the ``Conformity''
button) or by calling the contact name listed in ``For Further
Information Contact'' section of this document.
Authority: 42 U.S.C. 7401-7671q.
Dated: November 4, 1999.
W. Michael McCabe,
Regional Administrator, Region III.
[FR Doc. 99-29890 Filed 11-15-99; 8:45 am]
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