[Federal Register Volume 67, Number 137 (Wednesday, July 17, 2002)]
[Notices]
[Pages 46970-46971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17984]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-7247-1]


Adequacy Status of Submitted State Implementation Plans (SIP) for 
Transportation Conformity Purposes: Baton Rouge Attainment 
Demonstration SIP for Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy.

-----------------------------------------------------------------------

SUMMARY: In this notice, EPA is notifying the public that we have found 
that the on-road motor vehicle emissions budgets contained in the Baton 
Rouge serious ozone nonattainment area attainment demonstration SIP for 
the Baton Rouge 5-Parish ozone nonattainment area are adequate for 
transportation conformity purposes. As a result of our finding, the 
budgets from the submitted attainment demonstration SIP must be used 
for future conformity determinations in the Baton Rouge area.

DATES: These budgets are effective August 1, 2002.

FOR FURTHER INFORMATION CONTACT: The essential information in this 
notice will be available at EPA's conformity Web site: http://www.epa.gov/oms/transp/conform/adequacy.htm. You may also contact Mr. 
Kenneth W. Boyce, U.S. Environmental Protection Agency, Region 6, 1445 
Ross Avenue, Dallas, Texas 75202; telephone (214) 665-7259 or by e-mail 
at: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'', 
``us'', or ``our'' are used we mean EPA. The word ``budgets'' refers to 
the mobile source emission budget for volatile organic compounds (VOCs) 
and the mobile source emissions budget for nitrogen oxides 
(NOX). The word SIP in this document refers to the State 
Implementation Plan revision submitted to satisfy the attainment 
demonstration for ozone.
    On December 28, 2001, we received the attainment demonstration SIP 
for the Baton Rouge 5--Parish ozone nonattainment area. There are two 
motor vehicle emissions budgets found in this plan for 2005. The 
emissions budget for VOCs is 15.48 tons/day and the emissions budget 
for NOX is 34.26 tons/day. On January 23, 2002, the 
availability of these budgets was posted on EPA's web site for the 
purpose of soliciting public comments. The comment period closed on 
February 22, 2002, and we received no comments.
    Today's notice is simply an announcement of a finding that we have 
already made. EPA Region VI sent a letter to the Louisiana Department 
of Environmental Quality (LDEQ) on July 5, 2002, stating that the motor 
vehicle emissions budgets in the Baton Rouge 5--Parish ozone 
nonattainment area are adequate and they must be used for 
transportation conformity determinations.
    Transportation conformity is required by section 176(c) of the 
Clean Air Act. The EPA's conformity rule, 40 CFR part 93, 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 EPA determines

[[Page 46971]]

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 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.
    On March 2, 1999, the DC Circuit Court of Appeals ruled that 
budgets contained in submitted SIPs cannot be used for conformity 
determinations unless EPA has affirmatively found the conformity budget 
adequate. We have described our process for determining the adequacy of 
submitted SIP budgets in the policy guidance dated May 14, 1999, and 
titled Conformity Guidance on Implementation of March 2, 1999 
Conformity Court Decision. We followed this guidance in making our 
adequacy determination. You may obtain a copy of this guidance from 
EPA's conformity web site or by contacting us at the address above.

    Dated: July 5, 2002.
Lawrence E. Starfield,
Regional Administrator, Region 6.
[FR Doc. 02-17984 Filed 7-16-02; 8:45 am]
BILLING CODE 6560-50-P