[Federal Register Volume 64, Number 220 (Tuesday, November 16, 1999)] [Notices] [Pages 62197-62198] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-29767] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [Region II Docket No. NJ 38-199; FRL-6474-5] Adequacy Status of New Jersey State Implementation Plan (SIP) for Attainment and Maintenance of the Ozone National Ambient Air Quality Standards for Transportation Conformity Purposes
Agency
Environmental Protection Agency (EPA).
Action
Notice of inadequacy.
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Summary
In this document, EPA is notifying the public that we have found that the motor vehicle emissions budgets for the New Jersey counties in the Philadelphia-Wilmington-Trenton nonattainment area, and the New Jersey counties in the New York-Northern New Jersey-Long Island nonattainment area submitted in the New Jersey State Implementation Plan (SIP) for Attainment and Maintenance of the Ozone National Ambient Air Quality Standards for Transportation Conformity Purposes inadequate for conformity purposes. On March 2, 1999, the DC Circuit Court ruled that submitted SIPs cannot be used for conformity determinations until EPA has affirmatively found them adequate. As a result of our finding, the New Jersey counties in the Philadelphia-Wilmington-Trenton nonattainment area, and the New Jersey counties in the New York- Northern New Jersey-Long Island nonattainment area cannot use the motor vehicle emissions budgets from the submitted State of New Jersey State Implementation Plan (SIP) for Attainment and Maintenance of the Ozone National Ambient Air Quality Standards for Transportation Conformity Purposes for future conformity determinations.
For Further Information Contact
The finding and the response to comments will be available at EPA's conformity website: https:// www.epa.gov/oms/traq, (once there, click on the ``Conformity'' button, then look for ``Adequacy Review of SIP Submissions for Conformity''). The regional contact is: Rudolph Kapichak, Air Programs Branch, Environmental Protection Agency, 290 Broadway, 25th Floor, New York, New York 10278, (212) 637-3804.
Supplementary Information
Background
Today's notice is simply an announcement of a finding that we have already made. EPA Region 2 sent a letter to the New Jersey Department of Environmental Protection on October 25, 1999, stating that the motor vehicle emissions budgets for the New Jersey counties in the Philadelphia-Wilmington-Trenton nonattainment area for budget year 2005, and the New Jersey counties in the New York-Northern New Jersey- Long Island nonattainment area for budget year 2007 submitted In the New Jersey State Implementation Plan (SIP) for Attainment and Maintenance of the Ozone National Ambient Air Quality Standards for Transportation Conformity Purposes are inadequate because the submittal does not contain clearly identified and quantified budgets. This finding will also be announced on EPA's conformity website: https:// www.epa.gov/oms/traq, (once there, click on the ``Conformity'' button, then look for ``Adequacy Review of SIP Submissions for Conformity''). 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 state air quality implementation plans (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 we determine whether a SIP's motor vehicle emission budgets are adequate for conformity purposes are outlined in 40 CFR 93.118(e)(4). Please note that an adequacy review is separate from EPA's completeness review, and it also 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. We've described our 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''). We followed this guidance in making our adequacy determination.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 25, 1999. William J. Muszynski, Acting Regional Administration, Region 2. [FR Doc. 99-29767 Filed 11-15-99; 8:45 am] BILLING CODE 6560-50-P