[Federal Register: September 16, 2005 (Volume 70, Number 179)]
[Notices]
[Page 54738-54739]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se05-102]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[R04-OAR-2005-TN-00006-200525; FRL-7970-1]


Adequacy Status of the Nashville 1-Hour Ozone Maintenance Plan
Update for Transportation Conformity Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy.

-----------------------------------------------------------------------

SUMMARY: In this notice, EPA is notifying the public that we have found
that the motor vehicle emissions budgets (MVEBs) submitted in the
Nashville (Middle Tennessee) 1-hour ozone maintenance plan update,
dated August 10, 2005, by the Tennessee Department of Environment and
Conservation (TDEC), are adequate for transportation conformity
purposes. On March 2, 1999, the DC Circuit Court ruled that MVEBs
submitted in state implementation plans (SIPs) cannot be used for
transportation conformity determinations until EPA has affirmatively
found them adequate. As a result of EPA's finding, the Nashville area
can use the MVEBs from the submitted Nashville 1-hour ozone maintenance
plan update for future conformity determinations.

DATES: These MVEBs are effective October 3, 2005.

FOR FURTHER INFORMATION CONTACT: Amanetta Wood, Environmental
Scientist, U.S. Environmental Protection Agency, Region 4, Air Planning
Branch, Air Quality Modeling and Transportation Section, 61 Forsyth
Street, SW., Atlanta, Georgia 30303. Ms. Wood can also be reached by
telephone at (404) 562-9025, or via electronic mail

[[Page 54739]]

at wood.amanetta@epa.gov. 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
Review of SIP Submissions'').

SUPPLEMENTARY INFORMATION:

Background

    Today's notice is simply an announcement of a finding that EPA has
already made. EPA Region 4 sent a letter to TDEC on August 16, 2005,
stating that the MVEBs submitted in the Nashville 1-hour ozone
maintenance plan update dated August 10, 2005, are adequate. EPA's
adequacy comment period ran from June 9 through July 11, 2005. This
finding has also been announced on EPA's conformity Web site: http://www.epa.gov/otaq/transp.htm
, (once there, click ``Transportation

Conformity'' text icon, then look for ``Adequacy Review of SIP
Submissions''). The adequate MVEBs are provided in the following table:

                          Nashville Area MVEBs
                             [Tons per day]
------------------------------------------------------------------------
                                                                 2016
------------------------------------------------------------------------
VOC.........................................................       21.93
NOX.........................................................       45.76
------------------------------------------------------------------------

    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 EPA determines whether a SIP's MVEBs are
adequate for transportation conformity purposes are outlined in 40 CFR
93.118(e)(4). Please note that an adequacy review is separate from
EPA's SIP submittal completeness review, and it also should not be used
to prejudge EPA's ultimate approval of the SIP. Even if EPA finds the
MVEBs 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. This guidance is incorporated into EPA's July
1, 2004, final rulemaking entitled ``Transportation Conformity Rule
Amendments for the New 8-hour Ozone and PM2.5 National
Ambient Air Quality Standards and Miscellaneous Revisions for Existing
Areas; Transportation Conformity Rule Amendments: Response to Court
Decision and Additional Rule Changes'' (69 FR 40004).

    Dated: September 1, 2005.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 05-18424 Filed 9-15-05; 8:45 am]

BILLING CODE 6560-50-P