Adequacy Status of the Louisville, Kentucky Submitted 1-Hour
Ozone Maintenance Plan for Transportation Conformity Purposes
[Federal Register: August 7, 2003 (Volume 68, Number 152)]
[Notices]
[Page 47059-47060]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07au03-36]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-7541-3]
Adequacy Status of the Louisville, Kentucky Submitted 1-Hour
Ozone Maintenance Plan for Transportation Conformity Purposes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of adequacy.
-----------------------------------------------------------------------
SUMMARY: In this notice, EPA is notifying the public that EPA has found
that the motor vehicle emission budgets (MVEB) in the Louisville 1-Hour
Ozone Maintenance Plan, submitted June 27, 2003, by the Kentucky
Department of Air Quality (KDAQ) and the Jefferson County Air Pollution
Control District (JCAPCD), are adequate for transportation conformity
purposes. On March 2, 1999, the DC Circuit Court ruled that submitted
State Implementation Plans (SIPs) cannot be used for transportation
conformity determinations until EPA has affirmatively found them
adequate. As a result of this finding, Louisville can use the MVEB from
the Louisville 1-Hour Ozone Maintenance Plan for future conformity
determinations.
DATES: This finding is effective August 22, 2003.
FOR FURTHER INFORMATION CONTACT: The finding and the response to
comments are available at EPA's conformity Web site: http://
www.epa.gov/otaq/transp.htm (once there, click on the ``Transportation
Conformity'' text icon, then look for ``Adequacy Revision of State
Implementation Plan (SIP) Submissions for Conformity'').
Lynorae Benjamin, Environmental Engineer; U.S. Environmental
Protection Agency, Region 4; Air Planning Branch; Air Quality Modeling
and Transportation Section; Branch; 61 Forsyth Street, SW; Atlanta,
Georgia 30303. E-mail: benjamin.lynorae@epa.gov. Phone number: (404)
562-9040.
SUPPLEMENTARY INFORMATION:
[[Page 47060]]
Background
Today's notice is simply an announcement of a finding that EPA has
already made. EPA Region 4 sent a letter to KDAQ and JCAPD on July 23,
2003, stating that the MVEB in the Louisville 1-hour Ozone Maintenance
Plan Revision submitted on June 27, 2003, are adequate. This finding
has also been announced on EPA's conformity Web site: http://
www.epa.gov/otaq/transp.htm, (once there, click on the ``Transportation
Conformity'' text icon, then look for ``Adequacy Review of State
Implementation Plan (SIP) Submissions for Conformity'').
Transportation conformity is required by section 176(c) of the
Clean Air Act, as amended in 1990. EPA's conformity rule 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 EPA determines whether a SIP's MVEB are
adequate for transportation conformity purposes are outlined in 40 Code
of Federal Regulations 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 EPA
finds a budget adequate, the Agency may later determine that the SIP
itself is not approvable.
EPA has described the process for determining the adequacy of
submitted SIP budgets in guidance (May 14, 1999 memorandum entitled
``Conformity Guidance on Implementation of March 2, 1999 Conformity
Court Decision''). EPA has followed this guidance in making this
adequacy determination.
Authority: 42 U.S.C. 7401-7671 q.
Dated: July 31, 2003.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 03-20152 Filed 8-6-03; 8:45 am]
BILLING CODE 6560-50-P