[Federal Register Volume 65, Number 112 (Friday, June 9, 2000)]
[Notices]
[Page 36690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14638]


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ENVIRONMENTAL PROTECTION AGENCY

[Region II Docket No. NY 36-201 FRL-6712-9]


Adequacy Status of the Submitted 2007 Attainment Demonstration 
for the Ozone National Ambient Air Quality Standards for Transportation 
Conformity Purposes for the New York State Portion of the New York-New 
Jersey-Connecticut Severe Ozone Nonattainment Area

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 2007 ozone attainment 
demonstration for the New York State portion of the New York-New 
Jersey-Connecticut severe nonattainment area for ozone 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 York State portion of the 
New York-New Jersey-Connecticut severe nonattainment area for ozone can 
use the motor vehicle emissions budgets for volatile organic compounds 
and nitrogen oxides from the submitted 2007 attainment demonstration 
for ozone for future conformity determinations. These budgets are 
effective June 26, 2000.

FOR FURTHER INFORMATION CONTACT: Rudolph K. Kapichak, Mobile Source 
Team Leader, Air Programs Branch, Environmental Protection Agency, 290 
Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-3804, e-
mail address: <a href="/cdn-cgi/l/email-protection#4d062c3d242e252c26631f382922213d250d283d2c632a223b"><span class="__cf_email__" data-cfemail="99d2f8e9f0faf1f8f2b7cbecfdf6f5e9f1d9fce9f8b7fef6ef">[email protected]</span></a>.
    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 York State 
Department of Environmental Conservation on May 31, 2000 stating that 
the motor vehicle emissions budgets in the submitted 2007 attainment 
demonstration for the New York State portion of the New York-New 
Jersey-Connecticut severe nonattainment area for ozone 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 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.
    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. 00-14638 Filed 6-8-00; 8:45 am]
BILLING CODE 6560-50-P


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