Inadequacy Status of Submitted State Implementation Plans for Transportation Conformity Purposes: Houston Attainment Demonstration Plan

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6504-1]

Inadequacy Status of Submitted State Implementation Plans for

Transportation Conformity Purposes: Houston Attainment Demonstration

Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of inadequacy status.

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SUMMARY: In this document, EPA is notifying the public of its finding

of inadequacy of the motor vehicle emissions budgets (budgets) in the

State Implementation Plan (SIP) submitted on May 19, 1998, for purposes

of demonstration of attainment of ozone National Ambient Air Quality

Standards in the Houston nonattainment area, because the SIP did not

include any budgets for volatile organic compound and nitrogen oxide.

On March 2, 1999, the D.C. Circuit Court ruled that submitted SIPs

cannot be used for transportation conformity determinations until EPA

has affirmatively found them adequate. Since the May 19, 1998,

submittal does not contain adequate budgets, this attainment

demonstration can not be used for future transportation conformity

determinations. No comments were received during the public comment

period.

FOR FURTHER INFORMATION CONTACT: Mr. J. Behnam, or Mr. Ken Boyce, U.S.

Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas,

Texas 75202; telephone (214) 665-7247 or (214) 665-7259,

[email protected] or [email protected].

SUPPLEMENTARY INFORMATION: Transportation conformity is required by

section 176(c) of the Clean Air Act. The EPA's conformity rule, 40 CFR

part 93, requires that transportation plans, programs, and projects

conform to 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 EPA determines

whether a SIP's motor vehicle emission budgets are adequate for

conformity purposes are outlined in 40 CFR 93.118(e)(4). An adequacy

review is separate from EPA's completeness review, and it 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.

On March 2, 1999, the D.C. Circuit Court of Appeals ruled that

budgets contained in submitted SIPs cannot be used for conformity

determinations unless EPA has affirmatively found the conformity budget

adequate. Where EPA finds a budget inadequate, it cannot be used for

further conformity determinations. We have described our process for

determining the adequacy of submitted SIP budgets in the policy

guidance dated May 14, 1999, and titled Conformity Guidance on

Implementation of March 2, 1999 Conformity Court Decision. You may

obtain a copy of this guidance from EPA's conformity web site: http://

www.epa.gov/oms/traq (once there, click on ``conformity'' and then

scroll down) or by contacting us at the address above.

By this notice, EPA is announcing the inadequacy determination that

we have already made. On May 19, 1998, we received the Houston

attainment demonstration SIP which did not contain volatile organic

compound and nitrogen oxide budgets. Notice that we had received this

SIP was posted on the EPA's website for a 30 day public comment period.

The public comment period closed on August 21, 1999. We did not receive

any comments. After the public comment process, we sent a letter to the

Texas Natural Resource Conservation Commission stating that this SIP is

inadequate for transportation conformity determinations.

This means that the SIP cannot be used for transportation

conformity determinations. 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

SIPs will be addressed in a future rulemaking.

Therefore, the ozone attainment demonstration SIP as referenced

above cannot be used for transportation conformity by the Metropolitan

Planning Organization in Houston.

Dated: November 24, 1999.

Gregg A. Cooke,

Regional Administrator, Region 6.

[FR Doc. 99-31663 Filed 12-6-99; 8:45 am]

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