[Federal Register Volume 65, Number 59 (Monday, March 27, 2000)]
[Notices]
[Page 16196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7453]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6565-3]


Adequacy Status of the New York State Portion of the New York-New 
Jersey-Connecticut Carbon Monoxide Maintenance Plan 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 contained in the November 23, 
1999 carbon monoxide maintenance plan for the New York State portion of 
the New York-New Jersey-Connecticut carbon monoxide nonattainment area 
are adequate for conformity purposes. On March 2, 1999, the D.C. 
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, the New 
York State portion of the New York-New Jersey-Connecticut carbon 
monoxide nonattainment area must use the motor vehicle emissions 
budgets from the submitted carbon monoxide maintenance plan for future 
conformity determinations. This finding is effective April 11, 2000.

FOR FURTHER INFORMATION CONTACT: Rudolph K. Kapichak, Mobile Source 
Team Leader, Air Programs Branch, Environmental Protection Agency, 290 
Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-3804, e-
mail address: [email protected].
    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'').

SUPPLEMENTARY INFORMATION:

Background

    Today's notice is simply an announcement of a finding that we have 
already made. EPA Region 2 sent a letter to the New York State 
Department of Environmental Conservation on March 17, 2000 stating that 
the motor vehicle emissions budgets for 2000, 2007 and 2012 in the 
submitted carbon monoxide maintenance plan for the New York State 
portion of the New York-New Jersey-Connecticut carbon monoxide 
nonattainment area are adequate. 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 (SIPs) 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 have 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. 7401-7671q.

    Dated: March 17, 2000.
William Muszynski,
Acting Regional Administrator, Region 2.
[FR Doc. 00-7453 Filed 3-24-00; 8:45 am]
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