[Federal Register Volume 64, Number 220 (Tuesday, November 16, 1999)]
[Notices]
[Pages 62197-62198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29767]


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ENVIRONMENTAL PROTECTION AGENCY

[Region II Docket No. NJ 38-199; FRL-6474-5]


Adequacy Status of New Jersey State Implementation Plan (SIP) for 
Attainment and Maintenance of the Ozone National Ambient Air Quality 
Standards for Transportation Conformity Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of inadequacy.

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SUMMARY: In this document, EPA is notifying the public that we have 
found that the motor vehicle emissions budgets for the New Jersey 
counties in the Philadelphia-Wilmington-Trenton nonattainment area, and 
the New Jersey counties in the New York-Northern New Jersey-Long Island 
nonattainment area submitted in the New Jersey State Implementation 
Plan (SIP) for Attainment and Maintenance of the Ozone National Ambient 
Air Quality Standards for Transportation Conformity Purposes inadequate 
for conformity purposes. On March 2, 1999, the DC Circuit Court ruled 
that submitted SIPs cannot be used for conformity determinations until 
EPA has affirmatively found them adequate. As a result of our finding, 
the New Jersey counties in the Philadelphia-Wilmington-Trenton 
nonattainment area, and the New Jersey counties in the New York-
Northern New Jersey-Long Island nonattainment area cannot use the motor 
vehicle emissions budgets from the submitted State of New Jersey State 
Implementation Plan (SIP) for Attainment and Maintenance of the Ozone 
National Ambient Air Quality Standards for Transportation Conformity 
Purposes for future conformity determinations.

FOR FURTHER INFORMATION CONTACT: The finding and the response to 
comments will be available at EPA's conformity website: http://
www.epa.gov/oms/traq, (once there, click on the ``Conformity'' button, 
then look for ``Adequacy Review of SIP Submissions for Conformity''). 
The regional contact is: Rudolph Kapichak, Air Programs Branch, 
Environmental Protection Agency, 290 Broadway, 25th Floor, New York, 
New York 10278, (212) 637-3804.

SUPPLEMENTARY INFORMATION:

Background

    Today's notice is simply an announcement of a finding that we have 
already made. EPA Region 2 sent a letter to the New Jersey Department 
of Environmental Protection on October 25, 1999, stating that the motor 
vehicle emissions budgets for the New Jersey counties in the 
Philadelphia-Wilmington-Trenton nonattainment area for budget year 
2005, and the New Jersey counties in the New York-Northern New Jersey-
Long Island nonattainment area for budget year 2007 submitted In the 
New Jersey State Implementation Plan (SIP) for Attainment and 
Maintenance of the Ozone National Ambient Air Quality Standards for 
Transportation Conformity Purposes are inadequate because the submittal 
does not contain clearly identified and quantified budgets. This 
finding will also be announced on EPA's conformity website: http://
www.epa.gov/oms/traq, (once there, click on the ``Conformity'' button, 
then look for ``Adequacy Review of SIP Submissions for Conformity'').
    Transportation conformity is required by section 176(c) of the 
Clean Air Act.

[[Page 62198]]

EPA's conformity rule requires that transportation plans, programs, and 
projects conform to state air quality implementation plans (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 we determine whether a SIP's motor vehicle 
emission 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 it also 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.
    We've described our process for determining the adequacy of 
submitted SIP budgets in guidance (May 14, 1999 memo titled 
``Conformity Guidance on Implementation of March 2, 1999 Conformity 
Court Decision''). We followed this guidance in making our adequacy 
determination.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: October 25, 1999.
William J. Muszynski,
Acting Regional Administration, Region 2.
[FR Doc. 99-29767 Filed 11-15-99; 8:45 am]
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