[Federal Register Volume 67, Number 89 (Wednesday, May 8, 2002)]
[Notices]
[Page 30915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11454]


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ENVIRONMENTAL PROTECTION AGENCY

[Region 2 Docket No. NJ51-241 FRL-7208-2]


Adequacy Status of the Submitted Carbon Monoxide Redesignation 
Request and Maintenance Plan for the New Jersey Portion of the New 
York-Northern New Jersey-Long Island Moderate Carbon Monoxide 
Nonattainment Area

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 carbon monoxide (CO) in 
the submitted redesignation request and maintenance plan for the New 
Jersey portion of the New York-Northern New Jersey-Long Island moderate 
CO nonattainment area are adequate for transportation 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, the New Jersey portion of the New York-Northern 
New Jersey-Long Island CO nonattainment area must use the motor vehicle 
emission budget from this submitted redesignation request and 
maintenance plan for future conformity determinations.

DATES: This finding is effective May 23, 2002.

FOR FURTHER INFORMATION CONTACT: Kenneth M. Champagne, Mobile Sources 
Team, Air Programs Branch, Environmental Protection Agency--Region 2, 
290 Broadway, 25th Floor, New York, New York 10007-1866, (212) 637-
4249, [email protected].
    The finding and the response to comments will be available at EPA's 
conformity website: http://www.epa.gov/otaq/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 April 22, 2002 stating that the CO motor 
vehicle emissions budgets for 2007 and 2014 in the submitted 
redesignation request and maintenance plan (dated January 15, 2002) for 
the New Jersey portion of the New York-Northern New Jersey-Long Island 
moderate CO nonattainment area are adequate for transportation 
conformity purposes. This finding will also be announced on EPA's 
conformity website: http://www.epa.gov/otaq/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 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 have 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: April 22, 2002.
William J. Muszynski,
Deputy Regional Administrator, Region 2.
[FR Doc. 02-11454 Filed 5-7-02; 8:45 am]
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