[Federal Register Volume 64, Number 220 (Tuesday, November 16, 1999)]
[Notices]
[Pages 62194-62195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29768]


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ENVIRONMENTAL PROTECTION AGENCY

[Region II Docket No. NY 36-201; FRL-6474-4]


Adequacy Status of the Submitted 2002 and 2005 Rate of Progress 
Plans and 2007 Attainment Demonstration for the Ozone National Ambient 
Air Quality Standards for Transportation Conformity Purposes for the 
New York State Portion of the New York-New Jersey-Connecticut Severe 
Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy and inadequacy.

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SUMMARY: In this notice, EPA is notifying the public that we have found 
that the motor vehicle emissions budgets for volatile organic compounds 
and nitrogen oxides in the submitted 2002 and 2005 rate of progress 
plans for the New York State portion of the New York-New Jersey-
Connecticut severe nonattainment area for ozone to be adequate for 
conformity purposes. We are also notifying the public that we have 
found the motor vehicle emissions budgets for volatile organic 
compounds and nitrogen oxides in the submitted 2007 attainment 
demonstration for the New York State portion of the New York-New 
Jersey-Connecticut severe nonattainment area for ozone to be inadequate 
for conformity purposes. On March 2, 1999, the DC Circuit Court ruled 
that submitted state implementation plans (SIPs) cannot be used for 
conformity determinations until EPA has affirmatively found them 
adequate. As a result of our finding, the New York State portion of the 
New York-New Jersey-Connecticut severe nonattainment area for ozone can 
use the motor vehicle emissions budgets for volatile organic compounds 
and nitrogen oxides from the submitted 2002 and 2005 rate of progress 
plans for ozone for future conformity determinations. These budgets are 
effective December 1, 1999. As a result of our finding on the submitted 
2007 attainment demonstration budgets for volatile organic compounds 
and nitrogen oxides, this area cannot use these motor vehicle emissions 
budgets for future conformity determinations.

FOR FURTHER INFORMATION CONTACT: Rudolph K. Kapichak, Mobile Source 
Team Leader, Air Programs Branch, Environmental Protection Agency, 290 
Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-3804, e-
mail address: Kapichak.R[email protected].
    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'').

SUPPLEMENTARY INFORMATION:

Background

    Today's document is simply an announcement of a finding that we 
have already made. EPA Region 2 sent a letter to the New York State 
Department of Environmental Conservation on November 1, 1999 stating 
that the motor vehicle emissions budgets in the submitted 2002 and 2005 
rate of progress plans for the New York State portion of the New York-
New Jersey-Connecticut severe nonattainment area for ozone are adequate 
for conformity purposes and that the motor vehicle emissions budgets 
for volatile organic compounds and nitrogen oxides in the submitted 
2007 attainment

[[Page 62195]]

demonstration for this ozone nonattainment area are inadequate for 
conformity purposes. The 2007 budgets associated with the attainment 
demonstration are inadequate because when they are considered with all 
other emission sources they are not consistent with the applicable 
requirements for attainment. 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. 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: November 1, 1999.
William J. Muszynski,
Acting Regional Administrator, Region 2.
[FR Doc. 99-29768 Filed 11-15-99; 8:45 am]
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