[Federal Register Volume 65, Number 103 (Friday, May 26, 2000)]
[Notices]
[Page 34174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13203]



[[Page 34174]]

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ENVIRONMENTAL PROTECTION AGENCY

[OH137-1a; FRL-6705-3]


Adequacy Status of Cincinnati, Ohio Submitted Ozone Maintenance 
Plan Budgets for Transportation Conformity Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy.

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SUMMARY: In this document, EPA is notifying the public that EPA has 
found that the motor vehicle emissions budgets in the Cincinnati, Ohio 
ozone maintenance plan submitted on December 22, 1999, 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, Cincinnati can use the motor 
vehicle emissions budgets for the year 2010 from the submitted ozone 
maintenance plan for future conformity determinations. These budgets 
are effective June 12, 2000.

FOR FURTHER INFORMATION CONTACT: The finding and the response to 
comments already received 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'').
    Patricia Morris, Environmental Scientist, 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) 353-8656, 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Throughout this document, whenever ``we,'' ``us'' or ``our'' is 
used, we mean EPA. Today's document is simply an announcement of a 
finding that we have already made. EPA Region 5 sent a letter to the 
Ohio Environmental Protection Agency on April 27, 2000, stating that 
the motor vehicle emissions budgets in the Cincinnati, Ohio submitted 
ozone maintenance plan for 2010 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 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 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: May 5, 2000.
Norman Niedergang,
Acting Regional Administrator, Region 5.
[FR Doc. 00-13203 Filed 5-25-00; 8:45 am]
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