[Federal Register Volume 74, Number 217 (Thursday, November 12, 2009)]
[Notices]
[Pages 58277-58278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27170]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-R04-OAR-2009-0164-200917; FRL-8980-1]
Adequacy Status of the Tennessee Portion of the Bi-State Memphis
Maintenance Plan 8-Hour Ozone Motor Vehicle Emission Budgets for
Transportation Conformity Purposes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of adequacy.
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SUMMARY: EPA is notifying the public that it has found that the motor
vehicle emissions budgets (MVEBs) for Shelby County, Tennessee in the
1997 8-Hour Ozone Maintenance Plan State Implementation Plan (SIP)
revision, submitted on February 26, 2009, by the Tennessee Department
of Environment and Conservation (TDEC), are adequate for transportation
conformity purposes. Shelby County is one of the counties in the bi-
state Memphis Area for the 1997 8-hour ozone standard. Crittenden
County, Arkansas is the other county in the bi-state Memphis Area.
Through a separate action EPA has already found the Crittenden County
budgets adequate for transportation conformity purposes. This action
relates only to the Shelby County, Tennessee budgets. As a result of
EPA's finding, Shelby County must use the MVEBs for future conformity
[[Page 58278]]
determinations for the 1997 8-hour ozone standard.
DATES: These MVEBs are effective November 27, 2009.
FOR FURTHER INFORMATION CONTACT: Dianna Smith, U.S. Environmental
Protection Agency, Region 4, Air Planning Branch, 61 Forsyth Street,
SW., Atlanta, Georgia 30303. Ms. Smith can also be reached by telephone
at (404) 562-9207, or via electronic mail at [email protected]. The
finding is available at EPA's conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/currsips.htm.
SUPPLEMENTARY INFORMATION: This notice is simply an announcement of a
finding that EPA has already made. EPA Region 4 sent a letter to TDEC
on
September 18, 2009, stating that the MVEBs identified for Shelby
County in Tennessee's maintenance plan SIP revision for their portion
of the bi-state Memphis Area, submitted on February 26, 2009, are
adequate and must be used for transportation conformity determinations
in Shelby County, Tennessee. The bi-state Memphis, Tennessee 8-hour
ozone nonattainment area is comprised of Shelby County in Tennessee and
Crittenden County in Arkansas. Tennessee's redesignation request and
maintenance plan submittal addresses only MVEBs for the Tennessee
portion of this Area (i.e., Shelby County). The MVEBs for the Arkansas
portion of this Area are addressed in a separate submittal provided by
the State of Arkansas. In a previous action, EPA found the MVEBs
associated with Crittenden County (as a part of the bi-state Memphis
1997 8-hour ozone area) adequate for transportation conformity purpose.
More details on EPA's finding for the Crittenden County MVEBs can be
obtained at the EPA Web site: http://www.epa.gov/otaq/stateresources/transconf/pastsips.htm.
EPA posted the availability of the Shelby County MVEBs on EPA's Web
site on March 12, 2009, as part of the adequacy process, for the
purpose of soliciting comments. The adequacy comment period ran from
March 12, 2009, through April 13, 2009. During EPA's adequacy comment
period, no adverse comments were received on the Shelby County MVEBs.
Through this notice, EPA is informing the public that these MVEBs are
adequate for transportation conformity. This finding has also been
announced on EPA's conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/pastsips.htm. The adequate MVEBs are provided
in the following table:
Shelby County, Tennessee 8-Hour Ozone MVEBs
[Tons per day]
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2006 2009 2017 2021
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NOX..................................... 55.878 55.620 55.173 54.445
VOC..................................... 25.216 27.240 18.323 13.817
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Transportation conformity is required by section 176(c) of the
Clean Air Act. EPA's conformity rule, 40 CFR part 93, 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 so. 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 EPA determines whether a SIP's MVEBs are
adequate for transportation conformity purposes are outlined in 40 CFR
93.118(e)(4). We have also described the process for determining the
adequacy of submitted SIP budgets in our July 1, 2004, final rulemaking
entitled, ``Transportation Conformity Rule Amendments for the New 8-
hour Ozone and PM2.5 National Ambient Air Quality Standards and
Miscellaneous Revisions for Existing Areas; Transportation Conformity
Rule Amendments: Response to Court Decision and Additional Rule
Changes'' (69 FR 40004). Please note that an adequacy review is
separate from EPA's completeness review, and it should not be used to
prejudge EPA's ultimate approval of Tennessee's maintenance plan SIP
revision submittal for Shelby County. Even if EPA finds a budget
adequate, the maintenance plan SIP revision submittal could later be
disapproved.
Within 24 months from the effective date of this notice, the
transportation partners will need to demonstrate conformity to the new
MVEBs, if the demonstration has not already been made, pursuant to 40
CFR 93.104(e). See, 73 FR 4419 (January 24, 2008).
Authority: 42 U.S.C. 7401 et seq.
Dated: October 29, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. E9-27170 Filed 11-10-09; 8:45 am]
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