[Federal Register: October 20, 1999 (Volume 64, Number 202)]
[Notices]               
[Page 56497-56498]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20oc99-53]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6460-9]

 
Adequacy Status of Chicago, IL Submitted Ozone Attainment 
Demonstration 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 EPA has 
found that the Chicago, Illinois ozone attainment demonstration does 
not contain adequate mobile source emission budgets. On March 2, 1999, 
the D.C. Circuit Court ruled that submitted State Implementation Plans 
(SIPs) cannot be used for conformity

[[Page 56498]]

determinations until EPA has affirmatively found them adequate. Since 
the April 30, 1998, submittal does not contain adequate budgets, this 
attainment demonstration can not be used for future conformity 
determinations.

FOR FURTHER INFORMATION CONTACT: 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'').
    Patricia Morris, Environmental Scientist, Regulation Development 
Section (AR-18J), Air Programs Branch, Air and Radiation Division, 
United States Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8656, 
morris.patricia@epa.gov.

SUPPLEMENTARY INFORMATION:
    Background: Throughout this document, whenever ``we'', ``us'' or 
``our'' is used, we mean EPA. Today's notice is simply an announcement 
of a finding that we have already made. EPA Region 5 sent a letter to 
the Illinois Environmental Protection Agency on September 28, 1999, 
stating that the Chicago, Illinois submitted ozone attainment 
demonstration does not contain adequate mobile source emission budgets. 
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 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 memorandum 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. 7401-7671q.

    Dated: October 7, 1999
David A. Ullrich,
Acting Regional Administrator, Region 5.
[FR Doc. 99-27389 Filed 10-19-99; 8:45 am]
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