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[Federal Register Volume 65, Number 112 (Friday, June 9, 2000)]
[Notices]
[Pages 36689-36690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14637]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6712-6]

Adequacy Status of the Submitted Attainment Demonstration for the 
Ozone National Ambient Air Quality Standards for Transportation 
Conformity Purposes for the New Jersey Severe Ozone Nonattainment Areas

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 for volatile organic compounds 
and nitrogen oxides in the submitted ozone attainment demonstration for 
the New Jersey severe nonattainment areas to be 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 Jersey portions of the New York-New 
Jersey-Connecticut and Philadelphia-Wilmington-Trenton severe ozone 
nonattainment areas can use the motor vehicle emissions budgets of 
volatile organic compounds and nitrogen oxides for 2007 and 2005, 
respectively, from the submitted ozone attainment demonstration for 
future conformity determinations.

DATES: This finding is effective June 26, 2000.

FOR FURTHER INFORMATION CONTACT: Matthew B. Cairns, Mobile Source Team, 
Air Programs Branch, Environmental Protection Agency, 290 Broadway, 
25th Floor, New York, New York 10007-1866, (212) 637-3895, 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 Jersey Department 
of Environmental Protection on May 31, 2000, stating that the motor 
vehicle emissions budgets in the submitted ozone attainment 
demonstration (dated April 26, 2000) for the New Jersey portions of the 
New York-New Jersey-Connecticut and Philadelphia-Wilmington-Trenton 
severe nonattainment areas are adequate for conformity purposes. 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.

[[Page 36690]]

    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've 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 et seq.

    Dated: May 31, 2000.
Jeanne M. Fox,
Regional Administrator, Region 2.
[FR Doc. 00-14637 Filed 6-8-00; 8:45 am]
BILLING CODE 6560-50-P
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