[Federal Register Volume 65, Number 204 (Friday, October 20, 2000)]
[Notices]
[Pages 63074-63075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27035]


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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 NO<INF>X</INF> (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 NO<INF>X</INF> (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]
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