[Federal Register: August 17, 2001 (Volume 66, Number 160)]
[Notices]
[Page 43255-43256]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au01-88]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[WII06-01-7336; FRL-7036-5]
Adequacy Status of the Ozone Attainment Demonstration and Post
1999 Rate of Progress Plan Motor Vehicle Emissions Budgets for the
Milwaukee Severe Ozone Area, the Manitowoc Moderate Ozone Area, and the
Sheboygan Ozone Maintenance Area for Transportation Conformity Purposes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of adequacy.
-----------------------------------------------------------------------
SUMMARY: In this notice, EPA is notifying the public that EPA has found
that the Motor Vehicle Emissions Budgets (MVEB) in the Wisconsin ozone
attainment demonstration and post 1999 Rate of Progress (ROP) plan are
adequate for conformity purposes. These MVEBs cover the Milwaukee
severe ozone area, the Manitowoc moderate ozone area, and the Sheboygan
ozone maintenance area for Volatile Organic Compounds (VOC) and Oxides
of Nitrogen (NOX) for 2002, 2005, and 2007. 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,
Milwaukee, Manitowoc, and Sheboygan areas can use the MVEBs from the
submitted ozone attainment demonstration and the submitted post 1999
ROP plan for future conformity determinations. These budgets are
effective September 4, 2001.
FOR FURTHER INFORMATION CONTACT: The finding and the response to
comments will be available at EPA's conformity website: http://
www.epa.gov/otaq/
[[Page 43256]]
transp/, (once there, click on the ``Conformity'' button, then look for
``Adequacy Review of SIP Submissions for Conformity'').
Michael Leslie, 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) 353-6680,
leslie.michael@epa.gov.
SUPPLEMENTARY INFORMATION:
Background
Today's notice is simply an announcement of a finding that we have
already made. EPA Region 5 sent a letter to the Wisconsin Department of
Natural Resources on July 25, 2001, stating that the Milwaukee,
Manitowoc, and Sheboygan MVEBs in the submitted ozone attainment
demonstration and ROP plan for 2002, 2005 and 2007 are adequate. This
finding will also be announced on EPA's conformity website: http://
www.epa.gov/otaq/transp/, (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 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 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 EPA may later disapprove the SIP.
We've 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 the guidance in making our adequacy
determination.
Authority: 42 U.S.C. 7401-7671q.
Dated: August 6, 2001.
David A. Ullrich,
Acting Regional Administrator, Region 5.
[FR Doc. 01-20788 Filed 8-16-01; 8:45 am]
BILLING CODE 6560-50-M