[Federal Register Volume 64, Number 220 (Tuesday, November 16, 1999)]
[Notices]
[Page 62198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29888]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6475-8]


Adequacy Status of Submitted State Implementation Plans for 
Transportation Conformity Purposes: State Implementation Plan for Ozone 
for the Pittsburgh-Beaver Valley Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy status.

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SUMMARY: In this document EPA is announcing that the motor vehicle 
emissions budgets (hereafter referred to as ``budgets'') contained the 
State Implementation Plan (SIP) for Ozone for the Pittsburgh-Beaver 
Valley Nonattainment Area by the Pennsylvania Department of 
Environmental Protection are not adequate for transportation conformity 
purposes. As a result of our finding, the budgets from this submitted 
SIP cannot be used for future conformity determinations in the 
Pittsburgh-Beaver Valley ozone nonattainment area.

DATES: This document is effective November 16, 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 submittal 
made by PADEP to satisfy the requirements for demonstrating attainment.
    On December 31, 1997, PADEP submitted the State Implementation Plan 
for Ozone for the Pittsburgh-Beaver Valley Nonattainment Area. This SIP 
did not contain clearly identified and precisely quantified motor 
vehicle emission budgets for NOX and VOCs. On March 2, 1999, 
the D.C. Circuit Court ruled that 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 budget found in the State 
Implementation Plan for Ozone for the Pittsburgh-Beaver Valley 
Nonattainment Area. The comment period closed on August 31, 1999, and 
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 
PADEP stating that the motor vehicle emissions budgets found in the 
State Implementation Plan for Ozone for the Pittsburgh-Beaver Valley 
Nonattainment Area are not adequate. 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 a 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 Ozone for the Pittsburgh-Beaver Valley 
Nonattainment Area. 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. 99-29888 Filed 11-15-99; 8:45 am]
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