[Federal Register Volume 66, Number 106 (Friday, June 1, 2001)]
[Notices]
[Pages 29797-29798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13780]


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ENVIRONMENTAL PROTECTION AGENCY

[Region II Docket No. NJ45-222, FRL-6990-3]


Adequacy Status of the Submitted 2002, 2005 and 2007 Rate of 
Progress and Updated Attainment Demonstration Budgets for the Ozone 
National Ambient Air Quality Standards for Transportation Conformity 
Purposes for the New Jersey Severe Ozone Nonattainment Areas

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 for volatile organic compounds 
and nitrogen oxides in the submitted rate of progress state 
implementation plan (SIP) for the New Jersey severe nonattainment areas 
to be adequate for conformity purposes. On March 2, 1999, the D.C. 
Circuit Court ruled that submitted state implementation plan budgets 
cannot be used for conformity determinations until EPA has 
affirmatively found them adequate. As a result of our finding, the New 
Jersey portions of the New York-New Jersey-Connecticut severe ozone 
nonattainment area can use the motor vehicle emissions budgets of 
volatile organic compounds and nitrogen oxides for 2002, 2005 and 2007 
from the submitted rate of progress SIP for future conformity 
determinations. These budgets also apply to the Warren County marginal 
nonattainment area. The New Jersey portions of the Philadelphia-
Wilmington-Trenton severe ozone nonattainment areas can use the motor 
vehicle emissions budgets of volatile organic compounds and nitrogen 
oxides for 2002 and 2005 from

[[Page 29798]]

the submitted Rate of Progress SIP for future conformity 
determinations. These budgets also apply to the Atlantic City moderate 
ozone nonattainment area.

DATES: This finding is effective June 18, 2001.

FOR FURTHER INFORMATION CONTACT: Melanie A. Zeman, Mobile Source Team, 
Air Programs Branch, Environmental Protection Agency, 290 Broadway, 
25th Floor, New York, New York 10007-1866, (212) 637-4022, 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 Jersey Department 
of Environmental Protection on May 23, 2001 stating that the motor 
vehicle emissions budgets in the submitted rate of progress plan (dated 
April 11, 2001) for the New Jersey portions of the New York-New Jersey-
Connecticut and Philadelphia-Wilmington-Trenton severe nonattainment 
areas are adequate for conformity purposes. 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'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 et seq.

    Dated: May 23, 2001.
Kathleen C. Callahan,
Acting Regional Administrator Region 2.
[FR Doc. 01-13780 Filed 5-31-01; 8:45 am]
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