[Federal Register: October 15, 1999 (Volume 64, Number 199)]
[Notices]               
[Page 55911-55912]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15oc99-67]                         

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6458-7]

 
Adequacy Status of Submitted State Implementation Plans for 
Transportation Conformity Purposes: Houston 9% Rate-of-Progress for 
Ozone and El Paso Section 179B International Border for Carbon Monoxide

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy status.

-----------------------------------------------------------------------

SUMMARY: In this notice, EPA is announcing that the motor vehicle 
emissions budgets contained in the submitted Houston 9% Rate-of-
Progress (ROP) for ozone and the El Paso Section 179B International 
Border carbon monoxide State Implementation Plans (SIP) are adequate 
for transportation conformity purposes. As a result of our 
determination, the budgets from the submitted Houston 9% ROP and the El 
Paso Section 179B International Border SIPs may be used for future 
conformity determinations in the Houston and El Paso areas, 
respectively. No comments were received during the public comment 
period.

DATES: These budgets are effective November 1, 1999.

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: 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. 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, we are simply announcing the adequacy 
determinations that we have already made. On May 19, 1998, we received 
the Houston 9% ROP SIP which contained a volatile organic compounds 
budget of 132.68 tons/day and a nitrogen oxides budget of 283.01 tons/
day. On September 27, 1995, we received the El Paso 179B International 
Border carbon monoxide SIP which contained a carbon monoxide budget of 
96.9 tons/day. Notices that we had received these SIPs were posted on 
the EPA's website for a 30 day public comment period. The public 
comment period closed on July 7, 1999. We did not receive any comments. 
After the public comment process, we sent letters to the Texas Natural

[[Page 55912]]

Resource Conservation Commission stating that these budgets are 
adequate and can be used for conformity determinations.
    Therefore, the budgets contained in the submitted SIPs as 
referenced above may be used for transportation conformity by the 
respective Metropolitan Planning Organizations in Houston and El Paso.

    Dated: October 4, 1999.
Jerry Clifford,
Acting Regional Administrator, Region 6.
[FR Doc. 99-26969 Filed 10-14-99; 8:45 am]
BILLING CODE 6560-50-U