Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Environmental Protection Agency

          - [IL-224-1; FRL-7867-6] 

# AGENCY:

Environmental Protection Agency (EPA). 

# ACTION:

Notice of adequacy. 

# SUMMARY:

                        In this notice, EPA is notifying the public that EPA has found that the motor vehicle emissions budgets in the Metro-East St. Louis, Illinois 1-hour ozone maintenance plan are adequate for conformity purposes. On March 2, 1999, the DC 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, Metro-East St. Louis can use the motor vehicle emissions budgets from the submitted 1-hour ozone maintenance plan for future conformity determinations. These budgets are effective February 17, 2005. The finding and the response to comments will be available at EPA's conformity Web site:                         *http://www.epa.gov/​otaq/​transp.htm,*                         (once there, click on the “Conformity” button, then look for “Adequacy Review of SIP Submissions for Conformity”).                     

# FOR FURTHER INFORMATION CONTACT:

                        Anthony Maietta, Life Scientist, Criteria Pollutant Section (AR-18J), Air Programs Branch, Air and Radiation Division, United States Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-8777,                         *Maietta.anthony@epa.gov.*

# SUPPLEMENTARY INFORMATION:

Throughout this document, whenever “we”, “us” or “our” is used, we mean EPA. 

## Background 

                    Today's notice is simply an announcement of a finding that we have already made. EPA Region 5 sent a letter to the Illinois Environmental Protection Agency on January 10, 2005, stating that the motor vehicle emissions budgets in the Metro-East St. Louis, Illinois submitted 1-hour ozone maintenance plan for 2007 are adequate. This finding has been announced on EPA's conformity Web site:                     *http://www.epa.gov/​otaq/​transp.htm,*                     (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 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.                           ( print page 5440)    

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: January 18, 2005. 

Norman Niedergang, 

Acting Regional Administrator. 

[FR Doc. 05-1996 Filed 2-1-05; 8:45 am] 

BILLING CODE 6560-50-P