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Adequacy Status of Indiana and Kentucky Ozone Attainment Demonstration for Transportation Conformity Purposes for the Louisville Area 




[Federal Register: May 4, 2001 (Volume 66, Number 87)]
[Notices]
[Page 22550-22551]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04my01-74]

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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6975-4]
 
Adequacy Status of Indiana and Kentucky Ozone Attainment 
Demonstration for Transportation Conformity Purposes for the Louisville 
Area

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of inadequacy.

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SUMMARY: In this notice, EPA is notifying the public that it has found 
that the Louisville ozone attainment demonstration state implementation 
plans (SIP) submitted by Kentucky and Indiana on November 12, 1999, and 
November 15, 1999, respectively, do not contain motor vehicle emission 
budgets (MVEBs) that are adequate for transportation conformity 
purposes. The Louisville moderate one-hour ozone nonattainment area 
includes Clark and Floyd Counties, Indiana, and Jefferson County, 
Kentucky, and portions of Bullitt and Oldham Counties in Kentucky. EPA 
is finding the MVEBs inadequate because, due to a decision by the 
United States Court of Appeals, one of the significant assumptions of 
the demonstration has changed. The SIP submittal assumes that regional 
oxides of nitrogen ( NOX) reductions will be achieved in 
adjoining States by May 1, 2003. Due to the Court's decision, those 
reductions will not be assured to occur until May 31, 2004. Since the 
MVEBs in the SIP submittal could only be adequate if the reductions 
occur in 2003, they are now being found inadequate. Since the November 
15, 1999, submittal does not contain adequate MVEBs, this attainment 
demonstration submittal cannot be used for future transportation 
conformity determinations.

FOR FURTHER INFORMATION CONTACT: Ryan Bahr, Environmental Engineer, 
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) 
353-4366, bahr.ryan@epa.gov.
    Dr. Robert Goodwin, Environmental Scientist, Regulatory Planning 
Section, Air Planning Branch, Air, Pesticides, and Toxics Management 
Division, United States Environmental Protection Agency, Region 4, 61 
Forsyth St., SW., Atlanta, GA 30303, (404) 562-9044, 
goodwin.robert@epa.gov.

SUPPLEMENTARY INFORMATION:

Background

    Today's notice is simply an announcement of a finding that EPA has 
already made. EPA Region 5 sent a letter to the Indiana Department of 
Environmental Management on April 20, 2001, stating that the submitted 
Louisville ozone attainment demonstration does not contain adequate 
MVEBs, and EPA Region 4 sent a similar letter to the Kentucky Division 
for Air Quality on April 20, 2001. This finding will also be announced 
on EPA's conformity website: http://www.epa.gov/otaq/traq. (Once at 
EPA's Transportation and Air Quality Center website, click on the 
``Conformity'' button and 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. Transportation 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 MVEBs 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 EPA finds a motor vehicle emission budget 
adequate, the EPA may later disapprove the SIP.
    EPA described the 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'').

[[Page 22551]]

EPA followed this guidance in making this determination.
    EPA is finding the MVEBs in the submitted Louisville attainment SIP 
inadequate because the associated SIP assumes that regional 
NOX reductions under the NOX SIP Call will be 
achieved in adjoining States by May 1, 2003. However, on August 30, 
2000, the United States Court of Appeals for the D.C. Circuit issued an 
order extending the compliance date for the NOX SIP Call 
from May 1, 2003, to May 31, 2004. The effect of this ruling is that 
the regional NOX emissions reductions cannot be assumed to 
occur until 2004, and, therefore, 40 CFR 93.118(e)(4)(iv) cannot be 
satisfied by the submitted MVEBs.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: April 26, 2001.
David A. Ullrich,
Acting Regional Administrator, Region 5.

    Dated: April 20, 2001.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 01-11410 Filed 5-3-01; 8:45 am]
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