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Inadequacy Status of Submitted State Implementation Plans for Transportation Conformity Purposes

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[Federal Register: August 12, 1999 (Volume 64, Number 155)]
[Notices]               
[Page 44008-44009]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au99-59]                         

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ENVIRONMENTAL PROTECTION AGENCY

[Region VII Tracking No. 081-1081; FRL-6418-8]

 
Inadequacy Status of Submitted State Implementation Plans for 
Transportation Conformity Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of inadequacy status.

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SUMMARY: In this document, Region VII is augmenting the national list 
of submitted State Implementation Plans (SIP) with motor vehicle 
emissions budgets that have been reviewed for adequacy for 
transportation conformity purposes as identified in 64 FR 31217-31219 
(June 10, 1999). This document describes a finding of inadequacy for 
the emissions budget for St. Louis, Missouri.

FOR FURTHER INFORMATION CONTACT: Christopher D. Hess, U.S. EPA, Air 
Planning and Development Branch, 901 North 5th Street, Kansas City, 
Kansas 66101; (913) 551-7213 or hess.christopher@epamail.epa.gov.

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. Where EPA finds 
a budget inadequate, it cannot be used for further 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/
transp.htm.

[[Page 44009]]

Status of Submitted Budgets

    In Region VII, the only submitted budgets for transportation 
conformity purposes pertain to the St. Louis metropolitan area and that 
area's 15% plan and attainment demonstration for the pollutant ozone.
    In a letter dated May 27, 1999, from EPA to the Missouri Department 
of Natural Resources, Region VII determined that the area's budgets are 
inadequate and we are publishing that finding in this document. 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.
    Because the area has performed certain other emissions analyses, 
its transportation programs may continue despite this finding of 
inadequacy regarding submitted budgets. Furthermore, the state is 
anticipated to submit new budgets by November 15, 1999.

    Dated: July 30, 1999.
William Rice,
Acting Regional Administrator, Region VII.
[FR Doc. 99-20866 Filed 8-11-99; 8:45 am]
BILLING CODE 6560-50-P

 
 

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