Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Notices 34735 

and the partial Counties of Lawrence in 

Kentucky; Mason in West Virginia; and 

Adams and Gallia in Ohio. On 

December 5, 2008, the Commonwealth 

of Kentucky, through the Division of Air 

Quality (DAQ), submitted an attainment 

demonstration for the 1997 annual PM2.5

standard for the Kentucky portion of the 

tri-state Huntington-Ashland area 

(hereafter referred to as the Ashland 

Area). As a result of EPA’s 

insignificance finding, the Ashland Area 

is no longer required to perform regional 

emissions analyses for either directly 

emitted PM2.5 or NOX as part of future 

PM2.5 conformity determinations for the 

1997 annual PM2.5 air quality standard. 

This finding only relates to the 

Kentucky portion of the tri-state 

Huntington-Ashland 1997 PM2.5

nonattainment area. In a letter dated 

October 23, 2009, EPA informed the 

State of Ohio that regional mobile 

emissions of direct PM2.5 and NOX are 

insignificant for transportation 

conformity purposes as well. That 

insignificance finding took effect on 

December 22, 2009. EPA will review the 

adequacy of the West Virginia submittal 

in a separate action. 

DATES: This insignificance finding for 

direct PM2.5 and NOX is effective July 6, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Dianna 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/ 

stateresources/transconf/adequacy.htm. 

SUPPLEMENTARY INFORMATION: This 

notice is simply an announcement of a 

finding that EPA has already made. EPA 

sent a letter to DAQ on March 23, 2010, 

stating that regional direct PM2.5 and 

NOX emissions are insignificant from 

mobile sources as provided in the 

Kentucky portion of the 1997 annual 

PM2.5 attainment demonstration for the 

tri-state Huntington-Ashland area. The 

Commonwealth of Kentucky submitted 

the 1997 annual PM2.5 attainment 

demonstration for the Ashland Area on 

December 5, 2008. Ohio and West 

Virginia provided separate submittals 

for their portion of this Area and EPA 

is addressing these submissions in 

actions separate from today’s action. 

EPA posted the availability of the 

insignificance finding for the Ashland 

Area on EPA’s Web site on September 

8, 2009, as part of the adequacy process, 

for the purpose of soliciting comments. 

The comment period for Kentucky’s 

submission ran from September 8, 2009, 

through October 8, 2009. During EPA’s 

adequacy comment period for 

Kentucky’s submission, no comments 

were received on the insignificance 

finding for the Ashland Area. Through 

this notice, EPA is informing the public 

of the insignificance finding for direct 

PM2.5 and NOX for the purpose of 

implementing transportation conformity 

in the Ashland Area for the 1997 PM2.5

standard. EPA’s findings have also been 

announced on EPA’s conformity Web 

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

stateresources/transconf/adequacy.htm. 

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. 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. 

The criteria by which EPA determines 

whether a SIP’s motor vehicle budget is 

adequate for transportation conformity 

purposes are outlined in 40 Code of 

Federal Regulations (CFR) 93.118(e)(4). 

The Transportation Conformity Rule in 

40 CFR 93.109(k) states that a regional 

emissions analysis is no longer 

necessary if EPA finds through the 

adequacy or approval process that a SIP 

demonstrates that regional motor 

vehicle emissions are an insignificant 

contributor to the air quality problem 

for that pollutant/precursor. A finding 

of insignificance does not change the 

requirement for a regional analysis for 

other pollutants/precursors; the area’s 

obligation to meet other transportation 

conformity requirements (i.e., other than 

the regional emissions analysis); and 

does not change the requirement for hotspot analysis. (See 73 FR 4419, January 

24, 2008.) 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 attainment 

demonstration plan for the Ashland 

Area. Even if EPA finds the 

insignificance finding for direct PM2.5

and NOX adequate, the attainment 

demonstration plan could later be 

disapproved. 

Transportation partners should note 

this insignificance finding in future 

transportation conformity 

determinations. Additionally, while this 

insignificance finding waives the 

requirements for regional emissions 

analyses for direct PM2.5 and NOX for 

the Ashland Area for the 1997 PM2.5

standard, as mentioned above, it does 

not waive other conformity 

requirements for the 1997 PM2.5

standard for the Ashland 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 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). 

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

Dated: June 9, 2010. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2010–14774 Filed 6–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–R04–OAR–2010–0260–201019; FRL– 

9164–1] 

Adequacy Status of the Alabama 

Portion (Jackson County) of the 

Chattanooga, Tennessee Tri-State Area 

1997 Annual PM2.5 Attainment 

Demonstration Insignificance Finding 

for Transportation Conformity 

Purposes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Adequacy. 

SUMMARY: In this notice, EPA is 

notifying the public that EPA has made 

an insignificance finding through the 

transportation conformity adequacy 


srobinson on DSKHWCL6B1PROD with NOTICES
34736 Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Notices 

process for directly emitted fine 

particulate matter (PM2.5) and nitrogen 

oxides (NOX) emissions as contained in 

the 1997 PM2.5 attainment 

demonstration for the Alabama portion 

of the tri-state Chattanooga, Tennessee 

nonattainment area (hereafter referred to 

as the ‘‘Jackson County Area’’). On 

October 14, 2009, the State of Alabama, 

through the Alabama Department of 

Environmental Management (ADEM), 

submitted an attainment demonstration 

plan for the 1997 annual PM2.5 standard 

for Jackson County, Alabama as part of 

the tri-state Chattanooga 1997 PM2.5

nonattainment area. The tri-state 

Chattanooga 1997 annual PM2.5

nonattainment area is comprised of a 

portion of Jackson County, Alabama; 

Catoosa and Walker Counties, Georgia; 

and Hamilton County, Tennessee. As a 

result of EPA’s finding, the portion of 

Jackson County within the tri-state 

Chattanooga 1997 PM2.5 nonattainment 

area is no longer required to perform a 

regional emissions analysis for either 

directly emitted PM2.5 or NOX as part of 

future PM2.5 conformity determinations 

for the 1997 annual PM2.5 standard. This 

finding only relates to the Alabama 

portion of this Area, and does not 

relieve the Georgia or Tennessee 

portions of the tri-state 1997 PM2.5

nonattainment area from the 

requirement of performing the regional 

emissions analyses for direct PM2.5 and 

NOX. EPA will review the adequacy of 

the Georgia and Tennessee submittals 

with regard to the motor vehicle 

emission budgets or insignificance 

findings (if any and if appropriate) in 

separate actions. 

DATES: This insignificance finding for 

direct PM2.5 and NOX is effective July 6, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Dianna 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/ 

stateresources/transconf/adequacy.htm 

SUPPLEMENTARY INFORMATION: This 

notice is simply an announcement of a 

finding that EPA has already made. EPA 

Region 4 sent a letter to ADEM on 

March 25, 2010, stating that regional 

mobile source emissions of direct PM2.5

and NOX emissions are insignificant as 

provided in the Alabama portion of the 

1997 annual PM2.5 attainment 

demonstration for the Jackson County 

Area submitted on October 14, 2009. 

EPA posted the availability of the 

insignificance finding on EPA’s Web 

site on February 16, 2010, as part of the 

adequacy process, for the purpose of 

soliciting comments. The comment 

period ran from February 16, 2010, 

through March 18, 2010. During EPA’s 

adequacy comment period, no 

comments were received on the 

insignificance finding for the Jackson 

County Area. Through this notice, EPA 

is informing the public of the 

insignificance finding for direct PM2.5

and NOX for the purpose of 

implementing transportation conformity 

in the Jackson County Area for the 1997 

PM2.5 standard. EPA’s findings have also 

been announced on EPA’s conformity 

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

stateresources/transconf/adequacy.htm. 

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. 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. 

The criteria by which EPA determines 

whether a SIP’s motor vehicle emissions 

budget is adequate for transportation 

conformity purposes are outlined in 40 

Code of Federal Regulations (CFR) 

93.118(e)(4). The Transportation 

Conformity Rule in 40 CFR 93.109(k) 

states that a regional emissions analysis 

is no longer necessary if EPA finds 

through the adequacy or approval 

process that a SIP demonstrates that 

regional motor vehicle emissions are an 

insignificant contributor to the air 

quality problem for that pollutant/ 

precursor. A finding of insignificance 

does not change the requirement for a 

regional analysis for other pollutants/ 

precursors and does not change the 

requirement for hot-spot analysis. (See 

73 FR 4419, January 24, 2008.) 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 

attainment demonstration plan for the 

Jackson County Area. Even if EPA finds 

the insignificance determination 

adequate, the attainment demonstration 

plan could later be disapproved. 

Transportation partners should note 

this insignificance finding in future 

transportation conformity 

determinations. Additionally, while this 

insignificance finding waives the 

requirements for regional emissions 

analyses for direct PM2.5 and NOX for 

the Jackson County Area for the 1997 

PM2.5 standard, as mentioned above, it 

does not waive other conformity 

requirements for the 1997 PM2.5

standard for the Jackson County 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 budgets (which also applies to 

insignificance determinations) 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). 

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

Dated: June 8, 2010. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2010–14770 Filed 6–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9163–6] 

Draft FY 2011–2015 EPA Strategic Plan 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of Availability, request 

for public comments. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is announcing 

the availability of the Draft FY 2011– 

2015 EPA Strategic Plan (Strategic Plan) 

for public review and comment, as part 

of the periodic update required by the 

Government Performance and Results 

Act (GPRA). The Agency’s final 


srobinson on DSKHWCL6B1PROD with NOTICES