[Federal Register Volume 68, Number 108 (Thursday, June 5, 2003)]
[Notices]
[Page 33690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14195]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7507-6]


Adequacy Determination for the Kansas City Area Ozone Maintenance 
State Implementation Plan (SIP) for Transportation Conformity Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy determination.

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SUMMARY: In this notice, EPA is informing the public that we have found 
the motor vehicle emissions budgets for volatile organic compounds and 
nitrogen oxides in the Kansas City area adequate for conformity 
purposes. The budgets were submitted with the Kansas City Maintenance 
Plan for Control of Ozone which addresses the second ten-year period 
from the years 2003 through 2012. The Plan was submitted under two 
separate SIP submittals by the state of Kansas and the state of 
Missouri. The motor vehicle emissions budgets in each SIP were for the 
Kansas City Maintenance area and the budgets were the same for both 
states. We have determined that the budget submitted by the state of 
Kansas is adequate, and that the budget submitted by the state of 
Missouri is adequate.

DATE: This finding is effective June 20, 2003.

FOR FURTHER INFORMATION CONTACT: The finding and the response to 
comments will be available at EPA's conformity Web site: http://www.epa.gov/otaq/transp/traqconf.htm (click on ``Adequacy Web Pages'').
    You may also contact Heather Hamilton, Environmental Protection 
Agency, 901 N. 5th Street, Kansas City, Kansas 66101, or e-mail at 
[email protected], telephone (913) 551-7039.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    We sent a letter to the Kansas Department of Health and Environment 
and the Missouri Department of Natural Resources on March 17, 2003, 
stating that the motor vehicle emissions budgets in the Kansas City 
area submitted with the Kansas City Maintenance Plan for Control of 
Ozone were adequate. The Kansas City Maintenance Plan for Control of 
Ozone addresses the second ten-year period from the years 2003 through 
2012.
    On March 2, 1999, the D.C. Circuit Court ruled that submitted SIPs 
cannot be used for conformity determinations until EPA has 
affirmatively found them adequate. As a result of our adequacy finding, 
the Kansas City Area must use the motor vehicle emissions budgets from 
the submitted Kansas City Maintenance Plan for Ozone for future 
conformity determinations.
    We described our process for determining the adequacy of submitted 
SIP budgets in a guidance memorandum dated May 14, 1999, entitled, 
``Conformity Guidance on Implementation of March 2, 1999, Conformity 
Court Decision.'' We followed this guidance in making our adequacy 
determination.
    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 SIP motor vehicle 
emission budgets are adequate for conformity purposes are outlined in 
40 CFR 93.118(e)(4). We applied these criteria in finding that the 
submitted budgets are adequate. 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.

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

    Dated: May 22, 2003.
James B. Gulliford,
Regional Administrator, Region 7.
[FR Doc. 03-14195 Filed 6-4-03; 8:45 am]
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