Adequacy Status of the Submitted 2005 and 2007 Revised Attainment
Demonstration Budgets for the 1-Hour Ozone National Ambient Air Quality
Standard for Transportation Conformity Purposes for the New Jersey
Severe Ozone Nonattainment Areas
[Federal Register: June 2, 2003 (Volume 68, Number 105)]
[Notices]
[Page 32749-32750]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jn03-78]
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ENVIRONMENTAL PROTECTION AGENCY
[Region 2 Docket No. NJ60-258; FRL-7506-2]
Adequacy Status of the Submitted 2005 and 2007 Revised Attainment
Demonstration Budgets for the 1-Hour Ozone National Ambient Air Quality
Standard for Transportation Conformity Purposes for the New Jersey
Severe Ozone Nonattainment Areas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of adequacy.
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SUMMARY: In this notice, EPA is notifying the public that we have found
the revised attainment year motor vehicle emissions budgets
(``budgets'') for volatile organic compounds (VOC) and nitrogen oxides
(NOX) in the submitted revision to the 1-hour ozone
attainment demonstration state implementation plan (SIP) for New
Jersey's severe nonattainment areas to be adequate for conformity
purposes. These attainment year budgets were recalculated using EPA's
latest motor vehicle emissions factor model, MOBILE6. On March 2, 1999,
the DC Circuit Court ruled that submitted state implementation plan
budgets cannot be used for conformity determinations until EPA has
affirmatively found them adequate. As a result of our finding, the New
Jersey portion of the New York-Northern New Jersey-Long Island severe
ozone nonattainment area can use the revised 2007 attainment year
budgets of VOC and NOX from the submitted revision to the 1-
hour ozone attainment demonstration SIP for future conformity
determinations. These 2007 budgets also apply to the New Jersey portion
(Warren County) of the Allentown-Bethlehem-Easton marginal ozone
nonattainment area. The New Jersey portion of the Philadelphia-
Wilmington-Trenton severe ozone nonattainment area can use the revised
2005 attainment year budgets of VOC and NOX from the
submitted revision to the 1-hour ozone attainment demonstration SIP for
future conformity determinations. These 2005 budgets also apply to the
Atlantic City moderate ozone nonattainment area.
DATES: This finding is effective June 17, 2003.
FOR FURTHER INFORMATION CONTACT: Kenneth M. Champagne, Air Programs
Branch, Environmental Protection Agency--Region 2, 290 Broadway, 25th
Floor, New York, New York 10007-1866, (212) 637-4249,
champagne.kenneth@epa.gov.
The finding and the response to comments will be available at EPA's
conformity Web site: http://www.epa.gov/otaq/traq, (once there, click
on the ``Conformity'' button, then look for ``Adequacy Review of SIP
Submissions for Conformity'').
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 May 19, 2003, stating that the revised
attainment year budgets in the submitted 1-hour ozone attainment
demonstration SIP revision (dated April 8, 2003) for the New Jersey
portions of the New York-Northern New Jersey-Long Island and
Philadelphia-Wilmington-Trenton severe ozone nonattainment areas are
adequate for conformity purposes. The purpose of New Jersey's April 8,
2003, submittal was to address its enforceable commitment to revise the
attainment year budgets using MOBILE6 within one year of the release of
the model. This enforceable commitment was approved by EPA on February
4, 2002 (67 FR 5152). EPA's adequacy finding will also be announced on
EPA's conformity Web site: http://www.epa.gov/otaq/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 SIPs and establishes the
criteria and procedures for determining whether or not they 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.
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 have 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, which can also be found
on EPA's Web site at:
[[Page 32750]]
www.epa.gov/otaq/traq, in making our adequacy determination.
Authority: 42 U.S.C. 7401-7671q.
Dated: May 19, 2003.
Jane M. Kenny,
Regional Administrator, Region 2.
[FR Doc. 03-13719 Filed 5-30-03; 8:45 am]
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