Inadequacy Status of Submitted State Implementation Plans for Transportation Conformity Purposes

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 [email protected].

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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