[Federal Register: November 1, 1999 (Volume 64, Number 210)]
[Notices]
[Page 58837]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no99-50]
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ENVIRONMENTAL PROTECTION AGENCY
[AZNV017-FOI; FRL-6467-9]
Inadequacy Status of Submitted State Implementation Plans for
Transportation Conformity Purposes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of inadequacy determination.
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SUMMARY: In this document, Region IX is augmenting the national list of
adequacy determinations for State Implementation Plans (SIP) submittals
for transportation conformity purposes as identified in 64 FR 31217-
31219 (June 10, 1999). This notice describes a finding of inadequacy
for the PM10 attainment submittals with respect to emissions
budget criteria for Clark County, Nevada and Yuma County, Arizona.
DATES: These budgets are effective November 16, 1999.
FOR FURTHER INFORMATION CONTACT: Karina O'Connor, U.S. EPA, Region IX,
Air Division AIR-2, 75 Hawthorne Street, San Francisco, CA 94105; (415)
744-1247 or oconnor.karina@epa.gov.
SUPPLEMENTARY INFORMATION:
Background
Transportation conformity is required by section 176(c) of the
Clean Air Act. EPA's conformity rule, 40 CFR Part 93, requires that
transportation plans, programs, and projects conform to state air
quality implementation plans 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).
On March 2, 1999, the D.C. Circuit Court of Appeals ruled that
submitted SIPs cannot be used for conformity determinations unless EPA
has affirmatively found the conformity budget adequate through a
process providing for public notice and comment. Where EPA finds a
budget inadequate, it cannot be used for conformity determinations.
The new process for determining the adequacy of submitted SIP
budgets is contained in a May 14, 1999, memo titled ``Conformity
Guidance on Implementation of March 2, 1999 Conformity Court
Decision.'' EPA will be revising the conformity rule to codify this
guidance. You can obtain this guidance at http://www.epa.gov/oms/traq
from this website, click on the conformity button and look for
``Adequacy Review of SIP Submissions for Conformity.''
Status of Submitted Budgets
In Las Vegas, Nevada, the serious PM10 attainment plan
did not establish any PM10 emission budgets for the annual
or 24 hour PM10 standard. Thus the plan does not contain
emission budgets that are adequate for use in conformity
determinations. In a letter dated July 12, 1999, from EPA to the Nevada
Division of Environmental Protection, Region IX determined that the
area's budgets are inadequate and we are publishing that finding in
this notice.
In Yuma, AZ, the only submitted budgets for transportation
conformity purposes pertain to the area's moderate attainment
demonstration for the pollutant PM10. In a letter dated July
12, 1999, from EPA to the Arizona Department of Environmental Quality,
Region IX determined that the area's budgets are inadequate and we are
publishing that finding in this notice.
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 two SIPs mentioned in this
notice will be addressed in a future rulemaking.
Because both areas have performed certain other emissions analyses,
their transportation programs may continue despite this finding of
inadequacy regarding submitted budgets. Furthermore, the areas can
continue to use these alternative emission analyses for future
conformity determinations.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 21, 1999.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. 99-28499 Filed 10-29-99; 8:45 am]
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