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Adequacy Status of the Atlanta, GA, Submitted Ozone Attainment State Implementation Plan for Transportation Conformity Purposes; Withdrawal of Adequacy Finding

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[Federal Register: January 26, 2001 (Volume 66, Number 18)]
[Notices]
[Page 7904-7905]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ja01-26]

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ENVIRONMENTAL PROTECTION AGENCY

[GA47-200003; FRL-6936-9]


Adequacy Status of the Atlanta, GA, Submitted Ozone Attainment
State Implementation Plan for Transportation Conformity Purposes;
Withdrawal of Adequacy Finding

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of adequacy finding.

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SUMMARY: EPA has decided to withdraw our finding of adequacy for the
motor vehicle emissions budgets in the Atlanta, Georgia, ozone
attainment SIP submitted on October 28, 1999. We are withdrawing our
adequacy finding for several reasons. The United States Court of
Appeals for the District of Columbia circuit decided on August 30,
2000, that the implementation of the Nitrogen Oxides (NOX)
State Implementation Plan (SIP) Call rule could not be required before
May 31, 2004. The emission levels in the Atlanta attainment SIP motor
vehicle emissions budget for NOX were based in part on the
assumption that transport of ozone recursors into Atlanta from upwind
states would be addressed by May 2003 pursuant to EPA's NOX
SIP Call. Further, the Georgia Environmental Protection Division (EPD)
recently requested that EPA withdraw its adequacy determination of the
Atlanta ozone attainment SIP motor vehicle emissions budgets. The
notice of the adequacy determination that is being withdrawn was made
on February 15, 2000, in a letter to the State and was published in the
Federal Register on February 28, 2000.

DATES: The notice of adequacy is withdrawn as of January 26, 2001.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler (404-562-9042).

SUPPLEMENTARY INFORMATION:

Background

    On February 15, 2000, EPA Region 4 sent a letter to the Georgia
Environmental Protection Division stating that the motor vehicle
emissions budgets for nitrogen oxides (NOX) and volatile
organic compounds (VOCs) in the October 28, 1999, Atlanta ozone
attainment SIP for 2003 were adequate for the purpose of transportation
conformity. EPA published a notice in the Federal Register on February
28, 2000, [65 FR 10490] announcing that we had made an adequacy
determination for the motor vehicle emissions budgets in Atlanta's
attainment SIP. This finding was also announced on EPA's conformity
website, http://www.epa.gov/oms/traq.
    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 conform.
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.
    EPA described the 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''). This guidance was used in making the adequacy
determination on the motor vehicle emissions budgets contained in the
attainment demonstration for Atlanta. The criteria by which EPA
determines whether a SIP's motor vehicle emission budgets are adequate
for conformity purpose are outlined in 40 CFR 93.118(e)(4). An adequacy
review is separate from EPA's SIP completeness review, and it also
should not be used to prejudge EPA's ultimate action to approve or
disapprove the SIP. The SIP could later be disapproved for reasons
unrelated to transportation conformity even though the budgets had been
deemed adequate.
    The Southern Environmental Law Center (SELC) on behalf of many
petitioners, filed a lawsuit on April 28, 2000, with the 11th Circuit
Court of Appeals seeking review of EPA's adequacy finding. On July 11,
2000, the petitioners moved, on an expedited basis, to stay EPA's
adequacy determination pending that Court's ruling on the merits of
their April 28, 2000 Petition. On July 18, 2000, the 11th Circuit Court
granted the motion for stay.
    Once the 11th Circuit stayed the attainment SIP adequacy
determination on July 18, 2000, the United States Department of
Transportation (USDOT) had to base any conformity determination on the
prior approved motor vehicle emissions budgets contained in the VOC 15
percent and NOX 9 percent rate of progress SIPs approved by
EPA on April 26, 1999, and March 18, 1999, respectively (64 FR 20186
and 64 FR 13348). Today's action does not affect USDOT's July 25, 2000,
conformity determination since it was based on these approved budgets
and not the submitted attainment budgets, which had been stayed prior
to the conformity determination.
    EPA believes that a consequence of the D.C. Circuit's order
delaying the implementation date of the NOX SIP Call rule is
that the budget submitted by Georgia can no longer be considered
adequate for purposes of transportation conformity. This belief is
based on the fact that the attainment demonstration relied on the
expected reductions from the NOX SIP call in 2003, whereas
those reductions can not now be assumed prior to 2004.
    Furthermore, on December 21, 2000, Georgia sent a letter
withdrawing the motor vehicle emission budgets contained in the October
28, 1999, SIP submittal and asked that EPA not undertake any further
consideration of these budgets until the State concludes the work
necessary to submit a revised budget. The revised budget is expected to
be based on the results of the recent study of vehicle speeds data,
updated vehicle registration data, and modeling information relevant to
the estimation of current and future motor vehicle emissions developed
since submission of the previous budget. Based on these changes of fact
and law, the parties filed a joint motion to the 11th Circuit to hold
further proceedings on review of the adequacy determination in abeyance
and for permission for EPA to withdraw the finding of adequacy. All
parties in those proceedings have agreed that because it is not
appropriate for the transportation agencies to rely upon the currently
submitted budget for the purpose of making transportation conformity
determinations, the stay entered by the Court on July 19, 2000,

[[Page 7905]]

should remain in effect pending EPA's completion of the withdrawal
action. On January 12, 2001, the court granted EPA the motion to
withdraw the adequacy determination.
    Consequently, EPA has decided to withdraw the February 15 adequacy
determination. Even though adequacy determinations are not considered
rulemaking subject to procedural requirements of the Administrative
Procedures Act, EPA's policy is to provide a notice and comment period
on adequacy determinations. However, we are not providing opportunity
for comment on this withdrawal notice for two reasons. EPA is taking
this action without prior notice and comment because adequacy
determinations are not considered rulemaking subject to the procedural
requirements of the Administrative Procedures Act. In addition, EPA
does not believe further notice through EPA's conformity website is
necessary in advance, since as a result of the stay issued by the
court, the conformity determination made by USDOT on July 25, 2000, did
not rely on the motor vehicle emission budgets submitted in the
attainment SIP. Therefore, although EPA had found these budgets to be
adequate, they were never used for transportation conformity purposes.
Further, because of the delay in the NOX SIP Call
implementation date, it is clear that the budgets can no longer be
considered adequate, and Georgia has requested that EPA withdraw the
adequacy determination. Consequently, further public comment would be
unnecessary and not in the public interest. In this action, EPA is also
withdrawing all statements and comments previously made in relation to
its earlier determination of the adequacy of the budgets for
transportation conformity purposes. The substance of the budgets and
any revisions to them will be further reviewed by EPA as part of its
final decision to approve or disapprove the 1-hour ozone attainment
demonstration SIP for the Atlanta nonattainment area. This SIP was
initially submitted to EPA on October 28, 1999, and was supplemented on
January 31, 2000, and July 31, 2000. EPA will consider all of these
submissions as well as all comments timely submitted as we decide
whether to approve or disapprove the SIP.
    EPA will announce the withdrawal of the adequacy determination on
its conformity website at http://www.epa.gov/oms/traq.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons,
Ozone.

    Dated: January 16, 2001.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 01-2169 Filed 1-25-01; 8:45 am]
BILLING CODE 6560-50-M

 
 

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