[Federal Register Volume 68, Number 152 (Thursday, August 7, 2003)]
[Notices]
[Page 47060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20153]


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ENVIRONMENTAL PROTECTION AGENCY

[IN 121-4; FRL-7541-2]


Adequacy Status of the Louisville, Kentucky/Indiana 1-Hour Ozone 
Maintenance Plan for Transportation Conformity

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 emission budgets (MVEB) in the Louisville area 
1-Hour Ozone Maintenance Plan (which includes Clark and Floyd Counties 
Indiana), submitted June 26, 2003, by the Indiana Department of 
Environmental Management (IDEM), 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 
transportation conformity determinations until EPA has affirmatively 
found them adequate. As a result of this finding, the Louisville area 
can use the MVEB from the Louisville area 1-Hour Ozone Maintenance Plan 
for future conformity determinations.

DATES: These MVEB are effective August 22, 2003.

FOR FURTHER INFORMATION CONTACT: Patricia Morris, Environmental 
Scientist, U.S. Environmental Protection Agency, Region 5; Air Programs 
Branch; Regulation Development Section; 77 West Jackson Blvd.; Chicago, 
Illinois 60604. E-mail: [email protected]. Phone number: (312) 
353-8656. The finding is available at EPA's conformity Web site: http://www.epa.gov/otaq/transp.htm (once there, click on the ``Transportation 
Conformity'' text icon, then look for ``Adequacy Revision of State 
Implementation Plan (SIP) Submissions for Conformity'').

SUPPLEMENTARY INFORMATION:

Background

    Today's notice is simply an announcement of a finding that EPA has 
already made. EPA Region 5 sent a letter to IDEM on July 9, 2003, 
stating that the MVEB in the Louisville 1-hour Ozone Maintenance Plan 
Revision submitted in final on June 26, 2003, are adequate. IDEM 
submitted the MVEB for parallel processing on May 13, 2003, and EPA 
posted the submittal to the adequacy Web site on May 15, 2003, for 
public comment. The adequacy public comment period closed on June 16, 
2003, and no comments were submitted. This finding has also been 
announced on EPA's conformity Web site: http://www.epa.gov/otaq/transp.htm, (once there, click on the ``Transportation Conformity'' 
text icon, then look for ``Adequacy Review of State Implementation Plan 
(SIP) Submissions for Conformity'').
    Transportation conformity is required by section 176(c) of the 
Clean Air Act, as amended in 1990. 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. 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 whether a SIP's MVEB are 
adequate for transportation conformity purposes are outlined in 40 Code 
of Federal Regulations 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 EPA 
finds a budget adequate, the SIP could later be disapproved.
    EPA has described the process for determining the adequacy of 
submitted SIP budgets in guidance (May 14, 1999 memorandum entitled 
``Conformity Guidance on Implementation of March 2, 1999 Conformity 
Court Decision''). EPA has followed this guidance in making this 
adequacy determination.

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

    Dated: July 23, 2003.
William E. Muno,
Acting Regional Administrator, Region 5.
[FR Doc. 03-20153 Filed 8-6-03; 8:45 am]
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