Adequacy Status of the Louisville, Kentucky/Indiana 1-Hour Ozone
Maintenance Plan for Transportation Conformity
[Federal Register: August 7, 2003 (Volume 68, Number 152)]
[Notices]
[Page 47060]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07au03-37]
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ENVIRONMENTAL PROTECTION AGENCY
[IN 121-4; FRL-7541-2]
Adequacy Status of the Louisville, Kentucky/Indiana 1-Hour Ozone
Maintenance Plan for Transportation Conformity
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 area
1-Hour Ozone Maintenance Plan (which includes Clark and Floyd Counties
Indiana), submitted June 26, 2003, by the Indiana Department of
Environmental Management (IDEM), are adequate for transportation
conformity purposes. On March 2, 1999, the D.C. 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, the Louisville area
can use the MVEB from the Louisville area 1-Hour Ozone Maintenance Plan
for future conformity determinations.
DATES: These MVEB are effective August 22, 2003.
FOR FURTHER INFORMATION CONTACT: Patricia Morris, Environmental
Scientist, U.S. Environmental Protection Agency, Region 5; Air Programs
Branch; Regulation Development Section; 77 West Jackson Blvd.; Chicago,
Illinois 60604. E-mail: morris.patricia@epa.gov. Phone number: (312)
353-8656. The finding is 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'').
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 IDEM on July 9, 2003,
stating that the MVEB in the Louisville 1-hour Ozone Maintenance Plan
Revision submitted in final on June 26, 2003, are adequate. IDEM
submitted the MVEB for parallel processing on May 13, 2003, and EPA
posted the submittal to the adequacy Web site on May 15, 2003, for
public comment. The adequacy public comment period closed on June 16,
2003, and no comments were submitted. 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 SIP could later be disapproved.
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 23, 2003.
William E. Muno,
Acting Regional Administrator, Region 5.
[FR Doc. 03-20153 Filed 8-6-03; 8:45 am]
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