[Federal Register: May 8, 2002 (Volume 67, Number 89)]
[Notices]
[Page 30915]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my02-97]
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ENVIRONMENTAL PROTECTION AGENCY
[Region 2 Docket No. NJ51-241 FRL-7208-2]
Adequacy Status of the Submitted Carbon Monoxide Redesignation
Request and Maintenance Plan for the New Jersey Portion of the New
York-Northern New Jersey-Long Island Moderate Carbon Monoxide
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of adequacy.
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SUMMARY: In this notice, EPA is notifying the public that we have found
that the motor vehicle emissions budgets for carbon monoxide (CO) in
the submitted redesignation request and maintenance plan for the New
Jersey portion of the New York-Northern New Jersey-Long Island moderate
CO nonattainment area 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 conformity
determinations until EPA has affirmatively found them adequate. As a
result of our finding, the New Jersey portion of the New York-Northern
New Jersey-Long Island CO nonattainment area must use the motor vehicle
emission budget from this submitted redesignation request and
maintenance plan for future conformity determinations.
DATES: This finding is effective May 23, 2002.
FOR FURTHER INFORMATION CONTACT: Kenneth M. Champagne, Mobile Sources
Team, Air Programs Branch, Environmental Protection Agency--Region 2,
290 Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-
4249, champagne.kenneth@epa.gov.
The finding and the response to comments will be available at EPA's
conformity website: http://www.epa.gov/otaq/traq, (once there, click on
the ``Conformity'' button, then look for ``Adequacy Review of SIP
Submissions for Conformity'').
SUPPLEMENTARY INFORMATION:
Background
Today's notice is simply an announcement of a finding that we have
already made. EPA Region 2 sent a letter to the New Jersey Department
of Environmental Protection on April 22, 2002 stating that the CO motor
vehicle emissions budgets for 2007 and 2014 in the submitted
redesignation request and maintenance plan (dated January 15, 2002) for
the New Jersey portion of the New York-Northern New Jersey-Long Island
moderate CO nonattainment area are adequate for transportation
conformity purposes. This finding will also be announced on EPA's
conformity website: http://www.epa.gov/otaq/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 SIPs 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 have described our process for determining the adequacy of
submitted SIP budgets in guidance (May 14, 1999 memo 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: April 22, 2002.
William J. Muszynski,
Deputy Regional Administrator, Region 2.
[FR Doc. 02-11454 Filed 5-7-02; 8:45 am]
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