[Federal Register Volume 70, Number 179 (Friday, September 16, 2005)]
[Notices]
[Pages 54738-54739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18424]


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ENVIRONMENTAL PROTECTION AGENCY

[R04-OAR-2005-TN-00006-200525; FRL-7970-1]


Adequacy Status of the Nashville 1-Hour Ozone Maintenance Plan 
Update 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) submitted in the 
Nashville (Middle Tennessee) 1-hour ozone maintenance plan update, 
dated August 10, 2005, by the Tennessee Department of Environment and 
Conservation (TDEC), are adequate for transportation conformity 
purposes. On March 2, 1999, the DC Circuit Court ruled that MVEBs 
submitted in 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 Nashville area 
can use the MVEBs from the submitted Nashville 1-hour ozone maintenance 
plan update for future conformity determinations.

DATES: These MVEBs are effective October 3, 2005.

FOR FURTHER INFORMATION CONTACT: Amanetta Wood, 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. Wood can also be reached by 
telephone at (404) 562-9025, or via electronic mail

[[Page 54739]]

at <a href="/cdn-cgi/l/email-protection#087f67676c26696569666d7c7c69486d7869266f677e"><span class="__cf_email__" data-cfemail="f98e96969dd7989498979c8d8d98b99c8998d79e968f">[email protected]</span></a>. 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:

Background

    Today's notice is simply an announcement of a finding that EPA has 
already made. EPA Region 4 sent a letter to TDEC on August 16, 2005, 
stating that the MVEBs submitted in the Nashville 1-hour ozone 
maintenance plan update dated August 10, 2005, are adequate. EPA's 
adequacy comment period ran from June 9 through July 11, 2005. This 
finding has also been announced on EPA's conformity Web site: http://www.epa.gov/otaq/transp.htm, (once there, click ``Transportation 
Conformity'' text icon, then look for ``Adequacy Review of SIP 
Submissions''). The adequate MVEBs are provided in the following table:

                          Nashville Area MVEBs
                             [Tons per day]
------------------------------------------------------------------------
                                                                 2016
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VOC.........................................................       21.93
NOX.........................................................       45.76
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    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 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 transportation conformity purposes are outlined in 40 CFR 
93.118(e)(4). Please note that an adequacy review is separate from 
EPA's SIP submittal 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.
    EPA has described the process for determining the adequacy of 
submitted SIP budgets in guidance (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 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).

    Dated: September 1, 2005.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 05-18424 Filed 9-15-05; 8:45 am]
BILLING CODE 6560-50-P


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