[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 6560-50-P