[Federal Register Volume 65, Number 119 (Tuesday, June 20, 2000)]
[Notices]
[Pages 38277-38278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15508]


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ENVIRONMENTAL PROTECTION AGENCY

[IL 200, IN 130, WI 97-01-7328; FRL-6719-6]


Adequacy Status of Chicago, IL, Northwest Indiana, IN, and 
Milwaukee, WI in Submitted Ozone Attainment Demonstrations 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 each of the three 
Lake Michigan area ozone attainment demonstrations are adequate for 
transportation conformity purposes. The three areas affected are: 
Chicago, Illinois; Northwest Indiana (Lake and Porter Counties), 
Indiana, and Milwaukee, Wisconsin. On March 2, 1999, the D.C. Circuit 
Court ruled that submitted State Implementation Plans (SIPs) cannot be 
used for transportation conformity determinations until EPA has 
affirmatively found the motor vehicle emission budgets adequate. We 
have made that finding in letters to the States affected and are 
providing notice to the public in this Federal Register. As a result of 
our finding, Chicago, Northwest Indiana and Milwaukee can use the motor 
vehicle emissions budgets from their submitted ozone attainment 
demonstrations for future transportation conformity determinations. The 
motor vehicle emissions budgets are for two pollutants, volatile 
organic compounds (VOC) and oxides of nitrogen (NOx), that combine to 
form ground level-ozone. Ozone can cause inflamation of the lungs, 
decrease lung capacity, and aggravate asthma. These budgets are 
effective July 5, 2000.

FOR FURTHER INFORMATION CONTACT: The finding and the response to 
comments will be available at EPA's transportation 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'').
    Ryan Bahr, Environmental Engineer, 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) 353-4366, [email protected].

[[Page 38278]]


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 letters to the 
Illinois Environmental Protection Agency on March 24, 2000, and May 31, 
2000, stating that both the VOC and NOx motor vehicle emissions budgets 
in the Chicago, Illinois submitted ozone attainment demonstration for 
2007 are adequate. EPA sent similar letters to the Indiana Department 
of Environmental Management on May 8, 2000, and May 31, 2000. Similar 
letters were sent to the Wisconsin Department of Natural Resources on 
May 1, 2000, and May 31, 2000.
    Before making these findings, we opened a 30 day public comment 
period for the adequacy of mobile source vehicle emission budgets in 
the States' submittals. No comments were received during this comment 
period. However, there were comments received during the comment period 
relating to the proposed conditional approval of the attainment 
demonstration SIPs. After examining those comments, we determined that 
several applied to the adequacy process and while they were not 
submitted during the adequacy comment period, they should be addressed. 
We responded to these comments and issued supplemental letters to 
Illinois, Indiana, and Wisconsin finalizing the adequacy findings on 
May 31, 2000. All three letters found that the VOC and NOx motor 
vehicle emissions budgets in the submitted ozone attainment 
demonstrations for 2007 are adequate. These findings and the response 
to comments 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 transportation 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 motor vehicle emission 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: June 8, 2000.
Norman Niedergang,
Acting Regional Administrator, Region 5.
[FR Doc. 00-15508 Filed 6-19-00; 8:45 am]
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