[Federal Register Volume 65, Number 8 (Wednesday, January 12, 2000)]
[Pages 1862-1863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-730]




Adequacy Status of Submitted State Implementation Plans for 
Transportation Conformity Purposes: Dallas/Fort Worth (DFW) 9% Rate-of-
Progress for Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy status.


SUMMARY: In this document, EPA is announcing that the motor vehicle 
emissions budgets contained in the submitted DFW 9% Rate-of-Progress 
(ROP) for ozone State Implementation Plan (SIP) are adequate for 
transportation conformity purposes. As a result of this determination, 
the budgets from the submitted DFW 9% ROP SIP may be used for future 
conformity determinations in the DFW area. No comments were received 
during the public comment period.

DATES: These budgets are effective January 27, 2000.

Environmental Protection Agency, 1445 Ross Avenue, Dallas, TX 75202; 
telephone (214) 665-7247.

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. 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, we are simply announcing the adequacy determination 
that we have already made. On October 29, 1999, we received the DFW 9% 
ROP SIP which contained a volatile organic compounds budget of 147.22 
tons/day and a nitrogen oxides budget of 284.14 tons/day. Notice that 
we had received this SIP was parallel processed and

[[Page 1863]]

posted on the EPA's website for a
30-day public comment period on August 16, 1999. The public comment 
period closed on September 15, 1999. We did not receive any comments. 
After the public comment process and formal submission of this SIP 
without substantive change, we sent a letter to the Texas Natural 
Resource Conservation Commission stating that these budgets are 
adequate and can be used for conformity determinations.
    Therefore, the budgets contained in the submitted DFW 9% ROP SIP as 
referenced above may be used for transportation conformity by the 
Metropolitan Planning Organization in DFW.

    Dated: December 16, 1999.
Jerry Clifford,
Deputy Regional Administrator, Region 6.
[FR Doc. 00-730 Filed 1-11-00; 8:45 am]