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

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]

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