[Federal Register Volume 64, Number 234 (Tuesday, December 7, 1999)]
[Notices]
[Page 68352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31663]



[[Page 68352]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6504-1]


Inadequacy Status of Submitted State Implementation Plans for 
Transportation Conformity Purposes: Houston Attainment Demonstration 
Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of inadequacy status.

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SUMMARY: In this document, EPA is notifying the public of its finding 
of inadequacy of the motor vehicle emissions budgets (budgets) in the 
State Implementation Plan (SIP) submitted on May 19, 1998, for purposes 
of demonstration of attainment of ozone National Ambient Air Quality 
Standards in the Houston nonattainment area, because the SIP did not 
include any budgets for volatile organic compound and nitrogen oxide. 
On March 2, 1999, the D.C. Circuit Court ruled that submitted SIPs 
cannot be used for transportation conformity determinations until EPA 
has affirmatively found them adequate. Since the May 19, 1998, 
submittal does not contain adequate budgets, this attainment 
demonstration can not be used for future transportation conformity 
determinations. No comments were received during the public comment 
period.

FOR FURTHER INFORMATION CONTACT: Mr. J. Behnam, or Mr. Ken Boyce, U.S. 
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202; telephone (214) 665-7247 or (214) 665-7259, 
[email protected] or [email protected].

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. Where EPA finds a budget inadequate, it cannot be used for 
further conformity determinations. 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, EPA is announcing the inadequacy determination that 
we have already made. On May 19, 1998, we received the Houston 
attainment demonstration SIP which did not contain volatile organic 
compound and nitrogen oxide budgets. Notice that we had received this 
SIP was posted on the EPA's website for a 30 day public comment period. 
The public comment period closed on August 21, 1999. We did not receive 
any comments. After the public comment process, we sent a letter to the 
Texas Natural Resource Conservation Commission stating that this SIP is 
inadequate for transportation conformity determinations.
    This means that the SIP cannot be used for transportation 
conformity determinations. As stated in the May 14, 1999, guidance, 
EPA's adequacy review is not to be used to prejudge EPA's ultimate 
approval or disapproval of the submitted SIPs. Approvability of the 
SIPs will be addressed in a future rulemaking.
    Therefore, the ozone attainment demonstration SIP as referenced 
above cannot be used for transportation conformity by the Metropolitan 
Planning Organization in Houston.

    Dated: November 24, 1999.
Gregg A. Cooke,
Regional Administrator, Region 6.
[FR Doc. 99-31663 Filed 12-6-99; 8:45 am]
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