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Adequacy Status of New Jersey State Implementation Plan (SIP) for Attainment and Maintenance of the Ozone National Ambient Air Quality Standards for Transportation Conformity Purposes 





[Federal Register: November 16, 1999 (Volume 64, Number 220)]
[Notices]
[Page 62197-62198]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no99-74]

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ENVIRONMENTAL PROTECTION AGENCY

[Region II Docket No. NJ 38-199; FRL-6474-5]


Adequacy Status of New Jersey State Implementation Plan (SIP) for
Attainment and Maintenance of the Ozone National Ambient Air Quality
Standards for Transportation Conformity Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of inadequacy.

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SUMMARY: In this document, EPA is notifying the public that we have
found that the motor vehicle emissions budgets for the New Jersey
counties in the Philadelphia-Wilmington-Trenton nonattainment area, and
the New Jersey counties in the New York-Northern New Jersey-Long Island
nonattainment area submitted in the New Jersey State Implementation
Plan (SIP) for Attainment and Maintenance of the Ozone National Ambient
Air Quality Standards for Transportation Conformity Purposes inadequate
for conformity purposes. On March 2, 1999, the DC Circuit Court ruled
that submitted SIPs cannot be used for conformity determinations until
EPA has affirmatively found them adequate. As a result of our finding,
the New Jersey counties in the Philadelphia-Wilmington-Trenton
nonattainment area, and the New Jersey counties in the New York-
Northern New Jersey-Long Island nonattainment area cannot use the motor
vehicle emissions budgets from the submitted State of New Jersey State
Implementation Plan (SIP) for Attainment and Maintenance of the Ozone
National Ambient Air Quality Standards for Transportation Conformity
Purposes for future conformity determinations.

FOR FURTHER INFORMATION CONTACT: 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'').
The regional contact is: Rudolph Kapichak, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10278, (212) 637-3804.

SUPPLEMENTARY INFORMATION:

Background

    Today's notice is simply an announcement of a finding that we have
already made. EPA Region 2 sent a letter to the New Jersey Department
of Environmental Protection on October 25, 1999, stating that the motor
vehicle emissions budgets for the New Jersey counties in the
Philadelphia-Wilmington-Trenton nonattainment area for budget year
2005, and the New Jersey counties in the New York-Northern New Jersey-
Long Island nonattainment area for budget year 2007 submitted In the
New Jersey State Implementation Plan (SIP) for Attainment and
Maintenance of the Ozone National Ambient Air Quality Standards for
Transportation Conformity Purposes are inadequate because the submittal
does not contain clearly identified and quantified budgets. 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.

[[Page 62198]]

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: October 25, 1999.
William J. Muszynski,
Acting Regional Administration, Region 2.
[FR Doc. 99-29767 Filed 11-15-99; 8:45 am]
BILLING CODE 6560-50-P

 
 

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