[Federal Register: May 26, 2000 (Volume 65, Number 103)]
[Notices]
[Page 34174]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my00-82]
[[Page 34174]]
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ENVIRONMENTAL PROTECTION AGENCY
[OH137-1a; FRL-6705-3]
Adequacy Status of Cincinnati, Ohio Submitted Ozone Maintenance
Plan Budgets for Transportation Conformity Purposes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of adequacy.
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SUMMARY: In this document, EPA is notifying the public that EPA has
found that the motor vehicle emissions budgets in the Cincinnati, Ohio
ozone maintenance plan submitted on December 22, 1999, are adequate for
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, Cincinnati can use the motor
vehicle emissions budgets for the year 2010 from the submitted ozone
maintenance plan for future conformity determinations. These budgets
are effective June 12, 2000.
FOR FURTHER INFORMATION CONTACT: The finding and the response to
comments already received will be available at EPA's conformity
website: http://www.epa.gov/oms/traq, (once there, click on the
``Conformity'' button, then look for ``Adequacy Review of SIP
Submissions for Conformity'').
Patricia Morris, Environmental Scientist, 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) 353-8656,
morris.patricia@epa.gov.
SUPPLEMENTARY INFORMATION:
Background
Throughout this document, whenever ``we,'' ``us'' or ``our'' is
used, we mean EPA. Today's document is simply an announcement of a
finding that we have already made. EPA Region 5 sent a letter to the
Ohio Environmental Protection Agency on April 27, 2000, stating that
the motor vehicle emissions budgets in the Cincinnati, Ohio submitted
ozone maintenance plan for 2010 are adequate. This finding will also be
announced on EPA's conformity website: http://www.epa.gov/oms/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 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 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'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 this guidance in making our adequacy
determination.
Authority: 42 U.S.C. 7401-7671q.
Dated: May 5, 2000.
Norman Niedergang,
Acting Regional Administrator, Region 5.
[FR Doc. 00-13203 Filed 5-25-00; 8:45 am]
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