[Federal Register Volume 65, Number 112 (Friday, June 9, 2000)]
[Notices]
[Page 36690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14638]
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ENVIRONMENTAL PROTECTION AGENCY
[Region II Docket No. NY 36-201 FRL-6712-9]
Adequacy Status of the Submitted 2007 Attainment Demonstration
for the Ozone National Ambient Air Quality Standards for Transportation
Conformity Purposes for the New York State Portion of the New York-New
Jersey-Connecticut Severe Ozone 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 volatile organic compounds
and nitrogen oxides in the submitted 2007 ozone attainment
demonstration for the New York State portion of the New York-New
Jersey-Connecticut severe nonattainment area for ozone to be 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, the New York State portion of the
New York-New Jersey-Connecticut severe nonattainment area for ozone can
use the motor vehicle emissions budgets for volatile organic compounds
and nitrogen oxides from the submitted 2007 attainment demonstration
for ozone for future conformity determinations. These budgets are
effective June 26, 2000.
FOR FURTHER INFORMATION CONTACT: Rudolph K. Kapichak, Mobile Source
Team Leader, Air Programs Branch, Environmental Protection Agency, 290
Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-3804, e-
mail address: [email protected].
The finding and the response to comments 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'').
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 York State
Department of Environmental Conservation on May 31, 2000 stating that
the motor vehicle emissions budgets in the submitted 2007 attainment
demonstration for the New York State portion of the New York-New
Jersey-Connecticut severe nonattainment area for ozone are adequate for
conformity purposes. 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 state air quality implementation
plans (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'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 et seq.
Dated: May 31, 2000.
Jeanne M. Fox,
Regional Administrator Region 2.
[FR Doc. 00-14638 Filed 6-8-00; 8:45 am]
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