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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 





[Federal Register: November 16, 1999 (Volume 64, Number 220)]
[Notices]
[Page 62194-62195]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no99-70]

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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.Rudolph@epa.gov.
    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]
BILLING CODE 6560-50-P

 
 

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