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[Federal Register: February 24, 2010 (Volume 75, Number 36)]
[Notices]               
[Page 8331-8332]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24fe10-70]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R05-OAR-2009-0928, EPA-R05-OAR-2010-0046; FRL-9116-6]

 
Adequacy Status of the Cincinnati, Ohio/Indiana Submitted 8-Hour 
Ozone Redesignation and Maintenance Plans 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 (MVEBs) for volatile organic 
compounds (VOCs) and oxides of nitrogen (NOx) as precursors 
to ozone in the Ohio and Indiana portions of the Cincinnati-Hamilton, 
OH/KY/IN ozone nonattainment area are adequate for use in 
transportation conformity determinations. Ohio submitted a 
redesignation request and maintenance plan for Cincinnati, Ohio on 
December 14, 2009. The MVEBs in the submittal include emissions for the 
Ohio portion and also the Indiana portion of the Cincinnati area. 
Indiana submitted a redesignation request and maintenance plan for 
Lawrenceburg Township in Dearborn County, Indiana, which is part of the 
Cincinnati 8-hour ozone nonattainment area, on January 21, 2010. 
Indiana and Ohio submitted identical MVEBs for the combined Ohio and 
Indiana portions of the Cincinnati area.
    As a result of our finding, the Cincinnati, Ohio area must use the 
MVEBs from the submitted ozone maintenance plan for future 
transportation conformity determinations.

DATES: This finding is effective March 11, 2010.

FOR FURTHER INFORMATION CONTACT: Patricia Morris, Environmental 
Scientist, Criteria Pollutant Section

[[Page 8332]]

(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: Throughout this document, whenever ``we'', 
``us'' or ``our'' is used, we mean EPA.

Background

    Today's notice is simply an announcement of a finding that we have 
already made. On January 14, 2010, EPA Region 5 sent a letter to the 
Ohio Environmental Protection Agency and also to the Indiana Department 
of Environmental Management stating that the 2015 and 2020 MVEBs for 
the both the Ohio portion and the Indiana portion of the Cincinnati, 
Ohio 8-hour ozone area are adequate. The letters note that Kentucky 
will submit separate budgets for the Kentucky portion of the Cincinnati 
area. Receipt of these MVEBs was announced on EPA's transportation 
conformity website, and no comments were submitted. The finding is 
available at EPA's conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm.
    The adequate 2015 and 2020 MVEBs, in tons per day (tpd), for VOCs 
and NOx for the Ohio and Indiana portions of the Cincinnati, Ohio area 
are as follows:

              Ohio and Indiana portions of Cincinnati, Ohio
------------------------------------------------------------------------
                                            VOCs (tpd)       NOx (tpd)
------------------------------------------------------------------------
2015....................................           31.73           49.00
2020....................................           28.82           34.39
------------------------------------------------------------------------

    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 conform. Conformity to a State 
Implementation Plan (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 MVEBs are 
adequate for transportation conformity purposes are outlined in 40 CFR 
93.118(e)(4). We have described our process for determining the 
adequacy of submitted SIP budgets in our July 1, 2004, preamble 
starting at 69 FR 40038, and we used the information in these resources 
while making our adequacy determination. 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.
    The finding and the response to comments are available at EPA's 
transportation conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm.

    Authority:  42 U.S.C. 7401-7671 q.

    Dated: February 3, 2010.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.
[FR Doc. 2010-3678 Filed 2-23-10; 8:45 am]
BILLING CODE 6560-50-P
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