[Federal Register Volume 66, Number 103 (Tuesday, May 29, 2001)]
[Notices]
[Pages 29126-29127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13412]


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ENVIRONMENTAL PROTECTION AGENCY

[IN 130; FRL-6984-5]


Adequacy Status of Lake and Porter Counties, Indiana Submitted 
Ozone Attainment Demonstration and Post 1999 Rate of Progress 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 EPA has found 
that the motor vehicle emissions budgets in the Lake and Porter 
Counties, Indiana (Northwest Indiana) ozone attainment demonstration 
and post 1999 Rate of Progress (ROP) plan are adequate for conformity 
purposes. These documents contain motor vehicle emission budgets for 
VOC for 2002, 2005, and 2007 and for NOX for 2007. 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, Northwest Indiana can use the motor vehicle 
emissions budgets from the submitted ozone attainment demonstration and 
the submitted post 1999 ROP plan for future conformity determinations. 
These budgets are effective June 13, 2001.

FOR FURTHER INFORMATION CONTACT: The finding and the response to 
comments will be available at EPA's conformity website: http://www.epa.gov/otaq/transp/, (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].

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 
Indiana Department of Environmental Management on May 9, 2001, stating 
that the motor vehicle emissions budgets in the Northwest Indiana 
submitted ozone attainment demonstration and ROP plan for 2002,

[[Page 29127]]

2005 and 2007 are adequate. This finding will also be announced on 
EPA's conformity website: http://www.epa.gov/otaq/transp/, (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. Transportation 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 EPA may later be disapprove the SIP.
    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 the guidance in making our adequacy 
determination.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: May 14, 2001.
David A. Ullrich,
Acting Regional Administrator, Region 5.
[FR Doc. 01-13412 Filed 5-25-01; 8:45 am]
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