[Federal Register Volume 64, Number 202 (Wednesday, October 20, 1999)]
[Notices]
[Page 56497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27388]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6460-7]


Adequacy Status of Milwaukee, WI Submitted Ozone Attainment 
Demonstration for Transportation Conformity Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Inadequacy.

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SUMMARY: In this document, EPA is notifying the public that EPA has 
found that the Milwaukee, Wisconsin ozone attainment demonstration does 
not contain adequate mobile source emission budgets. 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. Since the April 30, 1998, submittal 
does not contain adequate budgets, this attainment demonstration can 
not be used for future conformity determinations.

FOR FURTHER INFORMATION CONTACT: 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'').
    Michael G. Leslie, Regulation Development 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) 353-6680, [email protected].

SUPPLEMENTARY INFORMATION:

Background:

    Throughout this document, whenever ``we'', ``us'' or ``our'' is 
used, we mean EPA. Today's notice is simply an announcement of a 
finding that we have already made. EPA Region 5 sent a letter to the 
Wisconsin Department of Natural Resources on September 28, 1999, 
stating that the Milwaukee, Wisconsin submitted ozone attainment 
demonstration does not contain adequate mobile source emission budgets. 
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 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 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 memorandum 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. 7401-7671q.

    Dated: October 7, 1999.
David A. Ullrich,
Acting Regional Administrator, Region 5.
[FR Doc. 99-27388 Filed 10-19-99; 8:45 am]
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