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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]

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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.

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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

 
 

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