[Federal Register Volume 68, Number 105 (Monday, June 2, 2003)]
[Notices]
[Pages 32749-32750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13719]


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ENVIRONMENTAL PROTECTION AGENCY

[Region 2 Docket No. NJ60-258; FRL-7506-2]


Adequacy Status of the Submitted 2005 and 2007 Revised Attainment 
Demonstration Budgets for the 1-Hour Ozone National Ambient Air Quality 
Standard 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 
the revised attainment year motor vehicle emissions budgets 
(``budgets'') for volatile organic compounds (VOC) and nitrogen oxides 
(NOX) in the submitted revision to the 1-hour ozone 
attainment demonstration state implementation plan (SIP) for New 
Jersey's severe nonattainment areas to be adequate for conformity 
purposes. These attainment year budgets were recalculated using EPA's 
latest motor vehicle emissions factor model, MOBILE6. On March 2, 1999, 
the DC 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 portion of the New York-Northern New Jersey-Long Island severe 
ozone nonattainment area can use the revised 2007 attainment year 
budgets of VOC and NOX from the submitted revision to the 1-
hour ozone attainment demonstration SIP for future conformity 
determinations. These 2007 budgets also apply to the New Jersey portion 
(Warren County) of the Allentown-Bethlehem-Easton marginal ozone 
nonattainment area. The New Jersey portion of the Philadelphia-
Wilmington-Trenton severe ozone nonattainment area can use the revised 
2005 attainment year budgets of VOC and NOX from the 
submitted revision to the 1-hour ozone attainment demonstration SIP for 
future conformity determinations. These 2005 budgets also apply to the 
Atlantic City moderate ozone nonattainment area.

DATES: This finding is effective June 17, 2003.

FOR FURTHER INFORMATION CONTACT: Kenneth M. Champagne, 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 Web site: 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 May 19, 2003, stating that the revised 
attainment year budgets in the submitted 1-hour ozone attainment 
demonstration SIP revision (dated April 8, 2003) for the New Jersey 
portions of the New York-Northern New Jersey-Long Island and 
Philadelphia-Wilmington-Trenton severe ozone nonattainment areas are 
adequate for conformity purposes. The purpose of New Jersey's April 8, 
2003, submittal was to address its enforceable commitment to revise the 
attainment year budgets using MOBILE6 within one year of the release of 
the model. This enforceable commitment was approved by EPA on February 
4, 2002 (67 FR 5152). EPA's adequacy finding will also be announced on 
EPA's conformity Web site: 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 conform. 
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, which can also be found 
on EPA's Web site at: http://

[[Page 32750]]

www.epa.gov/otaq/traq, in making our adequacy determination.

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

    Dated: May 19, 2003.
Jane M. Kenny,
Regional Administrator, Region 2.
[FR Doc. 03-13719 Filed 5-30-03; 8:45 am]
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