[Federal Register Volume 72, Number 67 (Monday, April 9, 2007)]
[Notices]
[Pages 17550-17551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6620]


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ENVIRONMENTAL PROTECTION AGENCY

[GA-78-200703; FRL-8296-1]


Adequacy Status of the Atlanta Early Progress 8-Hour Ozone Motor 
Vehicle Emission Budgets 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) in the Atlanta Early 
Progress State Implementation Plan (SIP), submitted on January 16, 
2007, by the Georgia Environmental Protection Division (GA EPD) of the 
Georgia Department of Natural Resources, are adequate for 
transportation conformity purposes. As a result of EPA's finding, the 
Atlanta area must use the MVEBs from the January 16, 2007, Atlanta 
Early Progress SIP for future conformity determinations for the 8-hour 
ozone standard.

DATES: These MVEBs are effective April 24, 2007.

FOR FURTHER INFORMATION CONTACT: Lynorae Benjamin, Environmental 
Engineer, U.S. Environmental Protection Agency, Region 4, Air Planning 
Branch, Air Quality Modeling and Transportation Section, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303. Ms. Benjamin can also be reached 
by telephone at (404) 562-9040, or via electronic mail at 
<a href="/cdn-cgi/l/email-protection#2446414a4e45494d4a0a485d4a4b564541644154450a434b52"><span class="__cf_email__" data-cfemail="3052555e5a515d595e1e5c495e5f425155705540511e575f46">[email protected]</span></a>. The finding is available at EPA's conformity 
Web site: http://www.epa.gov/otaq/stateresources/transconf/currsips.htm.

SUPPLEMENTARY INFORMATION:

Background

    Today's notice is simply an announcement of a finding that EPA has 
already made. EPA Region 4 sent a letter to GA EPD on January 24, 2007, 
stating that the MVEBs in the Atlanta Early Progress SIP, submitted on 
January 16, 2007, are adequate. The Atlanta 8-hour ozone nonattainment 
area is comprised of the following twenty counties: Barrow, Bartow, 
Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, 
Forsyth, Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, 
Spalding and Walton. EPA's adequacy comment period ran from October 30, 
2006, through November 29, 2006. During EPA's adequacy comment period 
no adverse comments were received. This finding has also been announced 
on EPA's conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/pastsips.htm. The adequate MVEBs are provided in the 
following table:

                       Atlanta 8-Hour Ozone MVEBs
                             [Tons per day]
------------------------------------------------------------------------
                                                                  2006
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VOC..........................................................     306.75
NOX..........................................................     172.27
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    Transportation conformity is required by section 176(c) of the 
Clean Air Act, as amended in 1990. 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. 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 EPA determines whether a SIP's MVEBs are 
adequate for

[[Page 17551]]

transportation conformity purposes are outlined in 40 Code of Federal 
Regulations 93.118(e)(4). We have described the process for determining 
the adequacy of submitted SIP budgets in our July 1, 2004, final 
rulemaking entitled, `` Transportation Conformity Rule Amendments for 
the New 8-hour Ozone and PM<INF>2.5</INF> 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 MVEBs adequate, the Agency may later determine that 
the SIP itself is not approvable.
    On December 22, 2006, the U.S. Court of Appeals for the District of 
Columbia Circuit issued a decision on EPA's Phase I rule implementing 
the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS) 
(D.C. Cir. No. 04-1200). EPA is currently analyzing the decision in 
detail. EPA's adequacy finding on the MVEBs in the Early Progress SIP 
for the Atlanta 8-hour nonattainment area is not affected by the 
court's decision and does not address any other requirements that may 
be affected by the decision. EPA's adequacy finding determines only 
that the budgets are adequate for the specific purpose submitted, and 
provides no conclusions on what requirements may ultimately apply in 
the area as a result of the court decision.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: March 29, 2007.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. E7-6620 Filed 4-6-07; 8:45 am]
BILLING CODE 6560-50-P


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