24474 Federal Register / Vol. 76, No. 84 / Monday, May 2, 2011 / Notices 

of the Commission’s Procedural Rules 

(18 CFR 385.214) a motion to intervene 

or notice of intervention. Any person 

filing to intervene or the Commission’s 

staff may, pursuant to section 157.205 of 

the Commission’s Regulations under the 

NGA (18 CFR 157.205) file a protest to 

the request. If no protest is filed within 

the time allowed therefore, the proposed 

activity shall be deemed to be 

authorized effective the day after the 

time allowed for protest. If a protest is 

filed and not withdrawn within 30 days 

after the time allowed for filing a 

protest, the instant request shall be 

treated as an application for 

authorization pursuant to section 7 of 

the NGA. 

Persons who wish to comment only 

on the environmental review of this 

project should submit an original and 

two copies of their comments to the 

Secretary of the Commission. 

Environmental commenter’s will be 

placed on the Commission’s 

environmental mailing list, will receive 

copies of the environmental documents, 

and will be notified of meetings 

associated with the Commission’s 

environmental review process. 

Environmental commenter’s will not be 

required to serve copies of filed 

documents on all other parties. 

However, the non-party commentary, 

will not receive copies of all documents 

filed by other parties or issued by the 

Commission (except for the mailing of 

environmental documents issued by the 

Commission) and will not have the right 

to seek court review of the 

Commission’s final order. 

The Commission strongly encourages 

electronic filings of comments, protests, 

and interventions via the internet in lieu 

of paper. See 18 CFR 385.2001(a) (1) (iii) 

and the instructions on the 

Commission’s Web site (http:// 

www.ferc.gov) under the ‘‘e-Filing’’ link. 

Dated: April 26, 2011. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2011–10535 Filed 4–29–11; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–R04–OAR–2009–1011; FRL–9301–3] 

Adequacy Status of the Greensboro/ 

Winston-Salem/Highpoint North 

Carolina 1997 Annual PM2.5

Maintenance Plan Motor Vehicle 

Emissions Budgets for Transportation 

Conformity Purposes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Adequacy. 

SUMMARY: In this notice, EPA is 

notifying the public of its finding that 

the direct fine particulate (PM2.5) and 

nitrogen oxides (NOX) motor vehicle 

emissions budgets (MVEBs) in the 

Greensboro/Winston-Salem/Highpoint, 

North Carolina area (hereafter referred 

to as ‘‘the Triad Area’’) maintenance 

plan for the 1997 annual PM2.5 standard, 

submitted on December 18, 2009, and 

supplemented on December 22, 2010, by 

the North Carolina Department of 

Environment and Natural Resources 

(NCDENR) are adequate for 

transportation conformity purposes. The 

Triad Area is comprised of Guilford and 

Davidson Counties in their entirety. On 

March 2, 1999, the District of Columbia 

Circuit Court ruled that submitted state 

implementation plans (SIPs) cannot be 

used for transportation conformity 

determinations until EPA has 

affirmatively found them adequate. As a 

result of EPA’s finding, the Triad Area 

must use the PM2.5 and NOX MVEBs 

from the submitted maintenance plan 

for the Area for future conformity 

determinations. 

DATES: The adequacy finding for the 

PM2.5 and NOX MVEBs are effective May 

17, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Dianna B. Smith, Environmental 

Scientist, U.S. Environmental Protection 

Agency, Region 4, Air Planning Branch, 

Air Quality Modeling and 

Transportation Section, 61 Forsyth 

Street, SW., Atlanta, Georgia 30303. Ms. 

Smith can also be reached by telephone 

at (404) 562–9207, or via electronic mail 

at smith.dianna@epa.gov. The finding is 

available at EPA’s conformity Web site: 

http://www.epa.gov/otaq/transp.htm 

(once there, click on the ‘‘Transportation 

Conformity’’ text icon, then look for 

‘‘Adequacy Review of SIP 

Submissions’’). 

SUPPLEMENTARY INFORMATION: Today’s 

notice is simply an announcement of 

findings that EPA has already made. 

EPA Region 4 sent a letter to NCDENR 

on February 2, 2011, stating that the 

2011 and 2021 sub-area PM2.5 and NOx

MVEBs in the 1997 PM2.5 maintenance 

plan for the Triad Area, dated December 

18, 2009, and supplemented on 

December 22, 2010, are adequate. EPA 

posted the availability of the Triad 

MVEBs on EPA’s Web site on November 

23, 2010, as part of the adequacy 

process, for the purpose of soliciting 

comments. The comment period ran 

from November 23 through December 

23, 2010. EPA’s findings have also been 

announced on EPA’s conformity Web 

site: http://www.epa.gov/otaq/ 

stateresources/index.htm, (once there, 

click ‘‘Transportation Conformity’’ text 

icon, then look for ‘‘Adequacy Review of 

SIP Submissions’’). The adequate PM2.5

and NOX MVEBs are provided in the 

following table: 

TRIAD, NORTH CAROLINA ANNUAL

PM2.5 MVEBS 

[Kilograms/year] 

2011 2021 

Guilford County Sub-area MVEB 

NOX .......... 11,133,605 6,309,650 

PM2.5 ......... 421,841 421,841 

Davidson County Sub-area MVEB 

NOX .......... 4,086,413 2,148,938 

PM2.5 ......... 153,313 153,313 

Transportation conformity is required 

by section 176(c) of the Clean Air Act, 

as amended in 1990. EPA’s conformity 

rule, 40 Code of Federal Regulations 

(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. 

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 (NAAQS). 

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). EPA 

has described the process for 

determining the adequacy of submitted 

SIP budgets in a May 14, 1999, 

memorandum entitled ‘‘Conformity 

Guidance on Implementation of March 

2, 1999 Conformity Court Decision.’’ 

EPA has followed this guidance in 

making this adequacy determination. 

This guidance is incorporated into 

EPA’s 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 also should 

not be used to prejudge EPA’s ultimate 

approval of the SIP. Even if EPA finds 

the MVEB adequate, the Agency may 

later disapprove the SIP. 

Within 24 months from the effective 

date of this notice, the transportation 

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Federal Register / Vol. 76, No. 84 / Monday, May 2, 2011 / Notices 24475 

partners will need to demonstrate 

conformity to the new MVEB 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: April 18, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2011–10564 Filed 4–29–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–R04–OAR–2009–1010; FRL–9301–2] 

Adequacy Status of the HickoryMorganton-Lenoir, North Carolina 1997 

Annual PM2.5 Maintenance Plan Motor 

Vehicle Emissions Budgets for 

Transportation Conformity Purposes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Adequacy. 

SUMMARY: In this notice, EPA is 

notifying the public of its finding that 

the nitrogen oxides (NOX) motor vehicle 

emissions budgets (MVEBs) in the 

Hickory-Morganton-Lenoir, North 

Carolina area (hereafter referred to as 

the ‘‘Hickory Area’’) maintenance plan 

for the 1997 annual PM2.5 standard, 

submitted on December 18, 2009, and 

supplemented on December 22, 2010, by 

the North Carolina Department of 

Environment and Natural Resources 

(NCDENR) are adequate for 

transportation conformity purposes. 

EPA is also making an insignificance 

finding for direct fine particulate (PM2.5) 

through the transportation conformity 

adequacy process for the Hickory Area. 

The Hickory Area is comprised of the 

entire county of Catawba in North 

Carolina. On March 2, 1999, the District 

of Columbia Circuit Court ruled that 

submitted state implementation plans 

(SIPs) cannot be used for transportation 

conformity determinations until EPA 

has affirmatively found them adequate. 

As a result of EPA’s finding, the Hickory 

Area must use the NOX MVEBs from the 

submitted maintenance plan and 

supplement for the Hickory Area for 

future conformity determinations. 

Additionally, as a result of this finding, 

the Hickory Area is not required to 

perform a regional emissions analysis 

for direct PM2.5 in future PM2.5

transportation conformity 

determinations for the 1997 annual 

PM2.5 standard. 

DATES: The adequacy finding for the 

NOX MVEBs and the insignificance 

finding for direct PM2.5 are effective 

May 17, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Dianna B. Smith, Environmental 

Scientist, U.S. Environmental Protection 

Agency, Region 4, Air Planning Branch, 

Air Quality Modeling and 

Transportation Section, 61 Forsyth 

Street, SW., Atlanta, Georgia 30303. Ms. 

Smith can also be reached by telephone 

at (404) 562–9207, or via electronic mail 

at smith.dianna@epa.gov. The finding is 

available at EPA’s conformity Web site: 

http://www.epa.gov/otaq/transp.htm 

(once there, click on the ‘‘Transportation 

Conformity’’ text icon, then look for 

‘‘Adequacy Review of SIP 

Submissions’’). 

SUPPLEMENTARY INFORMATION: Today’s 

notice is simply an announcement of 

findings that EPA has already made. 

EPA Region 4 sent a letter to NCDENR 

on February 3, 2011, stating that the 

2011 and 2021 NOX MVEBs in the 1997 

PM2.5 maintenance plan for Hickory, 

dated December 18, 2009, and 

supplemented on December 22, 2010, 

are adequate. The letter also states that 

direct PM2.5 is insignificant for the 

Hickory Area, therefore no regional 

emissions analysis is required. EPA 

posted the availability of the Hickory 

Area NOX MVEBs and insignificance 

demonstration on EPA’s Web site on 

November 23, 2010, as part of the 

adequacy process, for the purpose of 

soliciting comments. The comment 

period ran from November 23, through 

December 23, 2010. EPA’s findings have 

also been announced on EPA’s 

conformity Web site: http:// 

www.epa.gov/otaq/stateresources/ 

index.htm, (once there, click 

‘‘Transportation Conformity’’ text icon, 

then look for ‘‘Adequacy Review of SIP 

Submissions’’). The adequate NOX

MVEBs are provided in the following 

table: 

HICKORY AREA NOX MVEB 

[Kilograms/year] 

2011 2021 

Catawba County ....... 3,996,601 2,236,028 

Transportation conformity is required 

by section 176(c) of the Clean Air Act, 

as amended in 1990. EPA’s conformity 

rule, 40 Code of Federal Regulations 

(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. 

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 (NAAQS). 

The criteria by which EPA determines 

whether a SIP’s MVEB is adequate for 

transportation conformity purposes are 

outlined in 40 CFR 93.118(e)(4). 

Additionally, the criteria by which EPA 

determines whether a particular 

pollutant/precursor is an insignificant 

contributor to the air quality problem in 

an area can be found at 40 CFR 

93.109(m). Insignificance findings are 

based on a number of factors, including 

the percentage of motor vehicle 

emissions in context of the total SIP 

inventory, the current state of air quality 

as determined by monitoring data for 

that NAAQS, the absence of SIP motor 

vehicle control measures, and historical 

trends and future projections of the 

growth of motor vehicle emissions. 

EPA’s rationale for the allowance of 

insignificance findings can be found in 

the July 1, 2004, revision to the 

transportation conformity rule at 69 FR 

40004. Specifically, the rationale is 

explained on page 40061 under the 

subsection entitled ‘‘B. Areas With 

Insignificant Motor Vehicle Emissions.’’ 

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 EPA finds the MVEB 

adequate or makes an insignificance 

finding through the adequacy process, 

the Agency may later disapprove the 

SIP. 

Transportation partners should note 

this insignificance finding in future 

transportation conformity 

determinations. While this 

insignificance finding waives the 

requirements for regional emissions 

analyses for direct PM2.5 for the Hickory 

Area for the 1997 PM2.5 NAAQS, as 

mentioned above, it does not waive 

other conformity requirements for the 

1997 PM2.5 NAAQS for the Hickory 

Area, nor does it waive transportation 

conformity requirements for other 

pollutants/precursors for which the 

Area may be designated nonattainment 

or redesignated to attainment with a 

maintenance plan. 

EPA has described the process for 

determining the adequacy of submitted 

SIP MVEBs in a May 14, 1999, 

memorandum entitled ‘‘Conformity 

Guidance on Implementation of March 

2, 1999 Conformity Court Decision.’’ 

EPA has followed this guidance in 

making this adequacy determination. 

This guidance is incorporated into 

EPA’s July 1, 2004, final rulemaking 

entitled ‘‘Transportation Conformity 

Rule Amendments for the New 8-hour 

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