Adequacy Status of Submitted State Implementation Plans for Transportation Conformity Purposes: State Implementation Plan for the Attainment and Maintenance of the NAAQS for OzoneSoutheastern Pennsylvania

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6475-3]

Adequacy Status of Submitted State Implementation Plans for

Transportation Conformity Purposes: State Implementation Plan for the

Attainment and Maintenance of the NAAQS for Ozone--Southeastern

Pennsylvania

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy status.

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SUMMARY: In this document EPA is announcing that the attainment motor

vehicle emissions budgets (hereafter referred to as ``budgets'')

contained in the State Implementation Plan for the Attainment and

Maintenance of the NAAQS for Ozone Meeting the Requirements of the

Alternative Ozone Attainment Demonstration Policy--Phase II for

Southeastern Pennsylvania are not adequate for transportation

conformity purposes. We are

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concurrently announcing that the Rate of Progress (ROP) motor vehicle

emission budgets contained in this same State Implementation Plan

submittal are adequate for transportation conformity purposes. As a

result of our finding, the attainment budgets contained in the

submitted Phase II Ozone Attainment and Maintenance Plan may not be

used for future conformity determinations, but the ROP motor vehicle

emission budgets contained in the same submittal may be used for future

conformity determinations in the Southeastern Pennsylvania area.

DATES: These ROP budgets are effective on December 1, 1999.

FOR FURTHER INFORMATION CONTACT: Larry Budney, U.S. EPA, Region III,

1650 Arch Street, Philadelphia, PA. 19103 at (215) 814-2184 or by e-

mail at: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''

``us,'' or ``our'' are used we mean EPA. The word ``budgets'' refers to

the mobile source emission budget for volatile organic compounds (VOCs)

and the mobile source emissions budget for nitrogen oxides

(NOX). The word SIP in this document refers to the Phase II

State Implementation Plan submitted to to demonstrate ROP and to

demonstrate attainment and maintenance of the 1-hour National Ambient

Air Quality Standard for ozone in the Pennsylvania portion of the

Philadelphia-Wilmington-Trenton ozone nonattainment area.

On April 30, 1998, the Pennsylvania Department of Environmental

Protection (PADEP) submitted its State Implementation Plan for the

Attainment and Maintenance of the NAAQS for Ozone Meeting the

Requirements of the Alternative Ozone Attainment Demonstration Policy--

Phase II. The SIP contained mobile source vehicle emissions budgets

both for ROP and for attainment. Based upon its review, EPA is finding

the motor vehicle emission budgets in the attainment plan portion of

the submittal not adequate for the purposes of transportation

conformity. The attainment motor vehicle emission budgets, when

considered together with all other emission reductions, were not

consistent with applicable requirements for attainment as required in

40 CFR part 93, Sec. 93.118(e)(4)(iv) of the conformity rule. We are

concurrently finding the motor vehicle emission budgets in the 1999,

2002, and 2005 ROP plan adequate since they met the review criteria in

40 CFR part 93, section 93.118(e)(4)(i) through (e)(4)(vi) of the

conformity rule.

On March 2, 1999, the D.C Circuit Court ruled that motor vehicle

emission budgets contained in submitted SIPs cannot be used for

conformity determinations until EPA has affirmatively found them

adequate. In accordance with that ruling, on August 2, 1999, we posted

a notice on our web site at: http://www.epa.gov/oms/traq stating that

we were taking comments on the adequacy of motor vehicle emissions

budgets found in the State Implementation Plan for the Attainment and

Maintenance of the NAAQS for Ozone Meeting the Requirements of the

Alternative Ozone Attainment Demonstration Policy--Phase II. The

comment period closed on August 31, 1999. We received no comments.

Today's document is simply an announcement of a finding that we

have already made. On October 26, 1999 EPA Region III sent a letter to

the PADEP stating that the attainment motor vehicle emissions budgets

found in the State Implementation Plan for the Attainment and

Maintenance of the NAAQS for Ozone Meeting the Requirements of the

Alternative Ozone Attainment Demonstration Policy--Phase II are not

adequate for transportation conformity purposes. We also indicated that

we were finding the ROP motor vehicle emission budgets found in the SIP

adequate for transportation conformity purposes. The essential

information in this document will also be posted on EPA's conformity

website: http://www.epa.gov/oms/traq (once there, click on the

``Conformity'' button, then look for ``Adequacy Review of Submissions

for Conformity'').

Transportation conformity is required by section 176 (c) of the

Clean Air Act. EPA's conformity rule requires that transportation

plans, programs, and projects conform to SIPs and establishes the

criteria and procedures for determining whether or not they do so.

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 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 EPA's review to determine if the SIP is approvable. Even if

we find a budget adequate, the SIP could later be disapproved.

We have described our process for determining the adequacy of

submitted SIP budgets in guidance memorandum dated May 14, 1999 and

titled ``Conformity Guidance on Implementation of March 2, 1999

Conformity Court Decision''. We have followed this guidance in making

this adequacy determination for the budgets contained in the State

Implementation Plan for the Attainment and Maintenance of the NAAQS for

Ozone Meeting the Requirements of the Alternative Ozone Attainment

Demonstration Policy--Phase II submitted on April 30, 1998 by PADEP.

You may obtain a copy of this guidance from EPA's conformity web site:

http://www.epa.gov/oms/traq (once there, click on the ``Conformity''

button) or by calling the contact name listed in ``For Further

Information Contact'' section of this document.

Authority: 42 U.S.C. 7401-7671q.

Dated: November 4, 1999.

W. Michael McCabe,

Regional Administrator, Region III.

[FR Doc. 99-29890 Filed 11-15-99; 8:45 am]

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