[Federal Register Volume 69, Number 218 (Friday, November 12, 2004)]
[Notices]
[Page 65426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25221]


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ENVIRONMENTAL PROTECTION AGENCY

[Docket No: WA-04-005; FRL-7837-1]


Adequacy Status of the Yakima PM<INF>10</INF> Nonattainment Area 
Limited Maintenance Plan and Redesignation Request 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 
the Yakima PM<INF>10</INF> Nonattainment Area Limited Maintenance Plan 
and Redesignation Request adequate for transportation 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 found them adequate. As a result of this 
adequacy finding, the area automatically meets the budget test for 
future transportation conformity. This affects future transportation 
conformity determinations prepared, reviewed and approved by the Yakima 
Valley Council of Governments, Washington State Department of 
Transportation, Federal Highway Administration and the Federal Transit 
Administration.

DATES: This finding is effective November 29, 2004.

FOR FURTHER INFORMATION CONTACT: The finding is available at EPA's 
conformity Web site: http://www.epa.gov/otaq/transp.htm, (once there, 
click on the ``Transportation Conformity'' button, then look for 
``Adequacy Review of SIP Submissions''). You may also contact Wayne 
Elson, U.S. EPA, Region 10, Office of Air, Waste, and Toxics (AWT-107), 
1200 Sixth Ave, Seattle WA 98101; (206) 553-1463 or 
<a href="/cdn-cgi/l/email-protection#41242d322e2f6f3620382f24012431206f262e37"><span class="__cf_email__" data-cfemail="06636a7569682871677f68634663766728616970">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    Today's notice is simply an announcement of a finding that we have 
already made. EPA Region 10 sent a letter to the Washington Department 
of Ecology, October 12, 2004, stating that the SIP is adequate for 
transportation conformity purposes.
    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 SIPs. 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 is 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 our ultimate approval of the 
SIP. Even if we find a SIP adequate for conformity, the SIP could later 
be disapproved.
    We have described our process for determining the adequacy in SIPs 
in guidance dated May 14, 1999. This guidance is now reflected in the 
amended transportation conformity rule, July 1, 2004 (69 FR 40004). We 
followed this process in making our adequacy determination.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: November 4, 2004.
Ronald A. Kreizenbeck,
Acting Regional Administrator, Region 10.
[FR Doc. 04-25221 Filed 11-10-04; 8:45 am]
BILLING CODE 6560-50-P


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