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Adequacy Status of Submitted State Implementation Plans (SIP) for Transportation Conformity Purposes: Dallas-Fort Worth (DFW) and Beaumont-Port Arthur (BPA) Attainment Demonstration SIPs for Ozone

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[Federal Register: October 20, 2000 (Volume 65, Number 204)]
[Notices]
[Page 63074-63075]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20oc00-51]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6885-3]


Adequacy Status of Submitted State Implementation Plans (SIP) for
Transportation Conformity Purposes: Dallas-Fort Worth (DFW) and
Beaumont-Port Arthur (BPA) Attainment Demonstration SIPs for Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy determination.

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SUMMARY: In this notice, the EPA is announcing that the motor vehicle
emissions budgets contained in the submitted DFW and BPA Attainment
Demonstration State Implementation Plans (SIP) for ozone are adequate
for transportation conformity purposes. As a result of this
determination, the budgets from the submitted attainment SIPs must be
used for transportation conformity determinations in the DFW and BPA
areas. The EPA received no public comments.

DATES: These budgets are effective November 6, 2000.

FOR FURTHER INFORMATION CONTACT: Mr. J. Behnam, P.E., The U.S.
Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202;
telephone (214) 665-7247.

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 United States Court of Appeals for the
District of Columbia Circuit issued its opinion in Environmental
Defense Fund (EDF) v. Environmental Protection Agency, 167 F.3d 641
(D.C. Cir. 1999), and ruled that budgets contained in submitted SIPs
cannot be used for conformity determinations unless EPA has
affirmatively found the conformity budget adequate. 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, we are simply announcing the DFW and BPA adequacy
determinations that we have already made. The Governor of Texas

[[Page 63075]]

submitted the DFW Attainment Demonstration SIP on April 25, 2000. The
Attainment SIP contained the 2007 motor vehicle emissions budgets for
VOC (107.60 tons/day) and NOX (164.30 tons/day) for the DFW
ozone nonattainment area. On May 9, 2000, the availability of those
budgets was posted on EPA's web site for the purpose of soliciting
public comments. The public comment period closed on June 8, 2000, and
the EPA did not receive any comments. Also, the Governor submitted
additional information on the BPA Attainment Demonstration SIP on April
25, 2000, to supplement the November 15, 1999, initial submission. The
Attainment SIP contained the 2007 motor vehicle emissions budgets for
VOC (17.22 tons/day) and NOX (29.94 tons/day) for the BPA
ozone nonattainment area. On August 1, 2000, the availability of those
budgets was posted on EPA's web site for the purpose of soliciting
public comments. The public comment period closed on August 31, 2000,
and the EPA did not receive any comments. After the public comment
process, we sent a letter, dated September 6, 2000, to the Texas
Natural Resource Conservation Commission stating that these budgets are
adequate and they must be used for transportation conformity
determinations.
    Therefore, the budgets contained in the submitted DFW and BPA
Attainment SIPs as cited in this notice must be used for transportation
conformity by the Metropolitan Planning Organizations in the DFW and
BPA areas.

    Dated: September 29, 2000.
Myron M. Knudson,
Acting Regional Administrator, Region 6.
[FR Doc. 00-27035 Filed 10-19-00; 8:45 am]
BILLING CODE 6560-50-P

 
 

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