[Federal Register Volume 65, Number 59 (Monday, March 27, 2000)]
[Notices]
[Page 16196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7453]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6565-3]
Adequacy Status of the New York State Portion of the New York-New
Jersey-Connecticut Carbon Monoxide Maintenance Plan for Transportation
Conformity Purposes
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 contained in the November 23,
1999 carbon monoxide maintenance plan for the New York State portion of
the New York-New Jersey-Connecticut carbon monoxide nonattainment area
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, the New
York State portion of the New York-New Jersey-Connecticut carbon
monoxide nonattainment area must use the motor vehicle emissions
budgets from the submitted carbon monoxide maintenance plan for future
conformity determinations. This finding is effective April 11, 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 March 17, 2000 stating that
the motor vehicle emissions budgets for 2000, 2007 and 2012 in the
submitted carbon monoxide maintenance plan for the New York State
portion of the New York-New Jersey-Connecticut carbon monoxide
nonattainment area 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 (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: March 17, 2000.
William Muszynski,
Acting Regional Administrator, Region 2.
[FR Doc. 00-7453 Filed 3-24-00; 8:45 am]
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