[Federal Register Volume 66, Number 129 (Thursday, July 5, 2001)]
[Notices]
[Pages 35420-35421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16810]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7007-3]


Adequacy Status of Submitted State Implementation Plan for 
Transportation Conformity Purposes; Houston-Galveston Area (HGA) Ozone 
Attainment Demonstration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of inadequacy determination.

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SUMMARY: The EPA is notifying the public that we have found the motor 
vehicle emissions budgets (the budgets), in the HGA Ozone Attainment 
Demonstration State Implementation Plan (SIP) submitted on November 12, 
1999, inadequate for transportation conformity purposes. The EPA's 
determination of inadequacy is based on the fact that it is clear that 
the budgets in the November 12, 1999, SIP submission can no longer be 
considered adequate and consistent with attainment requirements. As 
explained in detail in the Office of Transportation and Air Quality 
(OTAQ) guidance memorandum entitled ``Application of 40 CFR 93.104(e) 
to Houston Attainment SIP'', dated May 9, 2001, the 1999 Rate-Of-
Progress budgets are considered the applicable budgets until replaced 
by subsequent budgets in accordance with 40 CFR 93.118. In addition, 
this determination that the budgets are not adequate does not have any 
adverse implications on the conformity process or the current 
conforming transportation Plan or program.

DATES: This inadequacy determination is effective on May 9, 2001.

FOR FURTHER INFORMATION CONTACT: Mr. J. Behnam, P.E., The U.S. 
Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202; 
telephone (214) 665-7247.

SUPPLEMENTARY INFORMATION:

Background

    Today's notice is simply an announcement of a finding that EPA has 
already made. The EPA sent a letter to the Texas Natural Resource 
Conservation Commission (TNRCC) on May 9, 2001, finding that the 
budgets submitted on November 12, 1999, are not adequate.
    Transportation conformity is required by section 176(c) of the 
Clean Air Act (CAA). The EPA's conformity rule requires that 
transportation plans, programs, and projects conform to SIPs and 
establishes criteria and procedures for making conformity 
determinations. 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 EPA described the process for determining adequacy of the 
submitted SIP budgets in a guidance memorandum entitled Conformity 
Guidance on Implementation of March 2, 1999, Conformity Court Decision, 
dated May 14, 1999. This guidance is used in making the adequacy 
determination on the budgets contained in the control strategy SIPs. 
The criteria by which EPA determines whether a SIP's budgets are 
adequate for conformity purpose are specified in 40 CFR 93.118(e)(4). 
An adequacy review is a separate process from EPA's SIP completeness 
review, and also it should not be used to prejudge EPA's ultimate 
action to approve or disapprove the SIP.
    The Governor of Texas submitted the HGA Ozone Attainment 
Demonstration SIP on November 12, 1999. The HGA Ozone Attainment 
Demonstration SIP contained the year 2007 budgets of 79.00 tons/day for 
Volatile Organic Compounds (VOC) and 195.00 tons/day for Nitrogen 
Oxides ( NOX) for the ozone nonattainment area. On May 31, 
2000, the EPA sent a letter to the TNRCC stating that the budgets for 
VOC and NOX in the November 12, 1999, HGA Ozone Attainment 
Demonstration SIP were adequate for transportation conformity purposes. 
The EPA published a notice in the Federal Register on June 14, 2000, 
(65 FR 37368) announcing that we had made an adequacy determination for 
the budgets submitted in HGA Ozone Attainment Demonstration SIP. This 
finding was also announced on EPA's conformity web site, http://www.epa.gov/oms/traq.
    On December 20, 2000, the Governor of Texas submitted another 
revision to the HGA Attainment Demonstration SIP which contained a set 
of revised year 2007 budgets for the on-road mobile sources. These 
budgets were 79.51 tons/day and 151.6 tons/day for VOC and 
NOX, respectively. Subsequently, the EPA posted these 
budgets on its web site for public review. However, the EPA has not 
made any adequacy determination on these budgets. On May 30, 2001, the 
TNRCC proposed additional revisions to the HGA Attainment Demonstration 
SIP that will further change the budgets for the on-road mobile 
sources.
    The EPA has now determined that the budgets contained in the HGA 
Ozone Attainment Demonstration SIP submitted on November 12, 1999, are 
inadequate for transportation conformity purposes. We cannot support 
adequacy of these budgets because they do not accurately reflect the 
HGA on-road mobile source emissions and are not consistent with HGA 
reaching attainment of the ozone air quality standard. One of the 
criteria for budget adequacy is that the budgets, when considered 
together with all other emissions sources, are consistent with 
applicable requirements for the given implementation plan submission, 
in this case attainment of the ozone standard by the applicable CAA 
attainment date. We have determined, by following our rule and 
guidance, that the HGA Ozone Attainment Demonstration SIP budgets 
submitted on November 12, 1999, are not consistent with attainment of 
the ozone standard and therefore are not adequate.
    As explained in detail in the OTAQ's memorandum referenced earlier, 
the 1999 Rate-Of-Progress budgets are

[[Page 35421]]

considered the applicable budgets until replaced by subsequent budgets 
in accordance with 40 CFR 93.118. In addition, this determination that 
the budgets are not adequate does not have any adverse implications on 
the conformity process or the current conforming transportation Plan or 
program.
    The effective date of this determination is May 9, 2001, the date 
of the EPA's letter that notified the TNRCC of our inadequacy 
determination. Even though adequacy determinations are not considered 
rulemaking subject to procedural requirements of the Administrative 
Procedures Act, the EPA's policy is to provide a notice and comment 
period on adequacy determinations through its conformity web site. 
However, we are not providing opportunity for comment on this 
inadequacy determination because adequacy determinations are not 
considered rulemaking subject to the procedural requirements of the 
Administrative Procedures Act. In addition, the EPA does not believe 
that it was necessary to provide an opportunity for advance notice or 
comment on this inadequacy determination because we believe it is clear 
that the budgets can no longer be considered adequate and consistent 
with attainment. There was also good cause to act expeditiously in 
order to protect the public interest, given the potential May 12, 2001, 
conformity lapse date under 40 CFR 93.104(e)(2) and its associated 
restrictions. Making this action effective on May 9, 2001, would 
relieve these restrictions. The substance of the revised attainment 
budgets will be further reviewed by EPA as part of its final decision 
to approve or disapprove the HGA Ozone Attainment Demonstration SIP for 
the Houston nonattainment area. The EPA will consider all of these 
submissions as well as all public comments in our evaluation whether to 
approve or disapprove the HGA Ozone Attainment Demonstration SIP.
    The EPA will also announce this inadequacy determination on its 
conformity web site at http://www.epa.gov/oms/traq.

    Dated: June 19, 2001.
Lynda F. Carroll,
Acting Regional Administrator, Region 6.
[FR Doc. 01-16810 Filed 7-3-01; 8:45 am]
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