Adequacy Status of the Submitted 2002, 2005 and 2007 Rate of
Progress and Updated Attainment Demonstration Budgets for the Ozone
National Ambient Air Quality Standards for Transportation Conformity
Purposes for the New Jersey Severe Ozone Nonattainment Areas
[Federal Register: June 1, 2001 (Volume 66, Number 106)]
[Notices]
[Page 29797-29798]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jn01-81]
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ENVIRONMENTAL PROTECTION AGENCY
[Region II Docket No. NJ45-222, FRL-6990-3]
Adequacy Status of the Submitted 2002, 2005 and 2007 Rate of
Progress and Updated Attainment Demonstration Budgets for the Ozone
National Ambient Air Quality Standards 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
that the motor vehicle emissions budgets for volatile organic compounds
and nitrogen oxides in the submitted rate of progress state
implementation plan (SIP) for the New Jersey severe nonattainment areas
to be adequate for conformity purposes. On March 2, 1999, the D.C.
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 portions of the New York-New Jersey-Connecticut severe ozone
nonattainment area can use the motor vehicle emissions budgets of
volatile organic compounds and nitrogen oxides for 2002, 2005 and 2007
from the submitted rate of progress SIP for future conformity
determinations. These budgets also apply to the Warren County marginal
nonattainment area. The New Jersey portions of the Philadelphia-
Wilmington-Trenton severe ozone nonattainment areas can use the motor
vehicle emissions budgets of volatile organic compounds and nitrogen
oxides for 2002 and 2005 from
[[Page 29798]]
the submitted Rate of Progress SIP for future conformity
determinations. These budgets also apply to the Atlantic City moderate
ozone nonattainment area.
DATES: This finding is effective June 18, 2001.
FOR FURTHER INFORMATION CONTACT: Melanie A. Zeman, Mobile Source Team,
Air Programs Branch, Environmental Protection Agency, 290 Broadway,
25th Floor, New York, New York 10007-1866, (212) 637-4022, e-mail
address: zeman.melanie@epa.gov.
The finding and the response to comments will be available at EPA's
conformity website: http://www.epa.gov/oms/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 23, 2001 stating that the motor
vehicle emissions budgets in the submitted rate of progress plan (dated
April 11, 2001) for the New Jersey portions of the New York-New Jersey-
Connecticut and Philadelphia-Wilmington-Trenton severe nonattainment
areas are adequate for conformity purposes. This finding will also be
announced on EPA's conformity website: http://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: May 23, 2001.
Kathleen C. Callahan,
Acting Regional Administrator Region 2.
[FR Doc. 01-13780 Filed 5-31-01; 8:45 am]
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