[Federal Register Volume 66, Number 160 (Friday, August 17, 2001)]
[Notices]
[Pages 43255-43256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20788]


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ENVIRONMENTAL PROTECTION AGENCY

[WII06-01-7336; FRL-7036-5]


Adequacy Status of the Ozone Attainment Demonstration and Post 
1999 Rate of Progress Plan Motor Vehicle Emissions Budgets for the 
Milwaukee Severe Ozone Area, the Manitowoc Moderate Ozone Area, and the 
Sheboygan Ozone Maintenance Area 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 (MVEB) in the Wisconsin ozone 
attainment demonstration and post 1999 Rate of Progress (ROP) plan are 
adequate for conformity purposes. These MVEBs cover the Milwaukee 
severe ozone area, the Manitowoc moderate ozone area, and the Sheboygan 
ozone maintenance area for Volatile Organic Compounds (VOC) and Oxides 
of Nitrogen (NOX) for 2002, 2005, and 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, 
Milwaukee, Manitowoc, and Sheboygan areas can use the MVEBs from the 
submitted ozone attainment demonstration and the submitted post 1999 
ROP plan for future conformity determinations. These budgets are 
effective September 4, 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/

[[Page 43256]]

transp/, (once there, click on the ``Conformity'' button, then look for 
``Adequacy Review of SIP Submissions for Conformity'').
    Michael Leslie, 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) 353-6680, 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Today's notice is simply an announcement of a finding that we have 
already made. EPA Region 5 sent a letter to the Wisconsin Department of 
Natural Resources on July 25, 2001, stating that the Milwaukee, 
Manitowoc, and Sheboygan MVEBs in the submitted ozone attainment 
demonstration and ROP plan for 2002, 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 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: August 6, 2001.
David A. Ullrich,
Acting Regional Administrator, Region 5.
[FR Doc. 01-20788 Filed 8-16-01; 8:45 am]
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