[Federal Register Volume 69, Number 132 (Monday, July 12, 2004)]
[Notices]
[Pages 41801-41802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15720]


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ENVIRONMENTAL PROTECTION AGENCY

[Region 2 Docket No. NY69-278 FRL-7785-8]


Adequacy Status of the Submitted 2003, 2009 and 2013 Carbon 
Monoxide Budgets for the Attainment and Maintenance of the Carbon 
Monoxide National Ambient Air Quality Standards for Transportation 
Conformity Purposes for Onondaga County, NY

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 (``budgets'') for carbon 
monoxide (CO) in the submitted revision to the Carbon Monoxide 
Maintenance Plan for Onondaga, New York to be adequate for conformity 
purposes. These budgets were recalculated using EPA's latest motor 
vehicle emissions factor model, MOBILE6. On March 2, 1999, the D.C. 
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, Onondaga 
County, New York must use the new 2003, 2009 and 2013 CO budgets from 
the revision to the Carbon Monoxide Maintenance Plan for

[[Page 41802]]

Onondaga County for future conformity determinations.

DATES: This finding is effective July 27, 2004.

FOR FURTHER INFORMATION CONTACT: Melanie A. Zeman, Air Programs Branch, 
Environmental Protection Agency--Region 2, 290 Broadway, 25th Floor, 
New York, New York 10007-1866, (212) 637-4022, [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 York Department of 
Environmental Conservation on June 30, 2004 stating that the revised 
carbon monoxide budgets in the submitted Carbon Monoxide Maintenance 
Plan revision for Onondaga County, New York (dated June 22, 2004) are 
adequate for conformity purposes. The purpose of New York's June 22, 
2004 submittal was to fulfill its commitment to update the current ten 
year Maintenance Plan for Carbon Monoxide for Onondaga County. The 
state is required to submit a new maintenance plan ten years after EPA 
approves the initial maintenance plan for the area. EPA approved the 
Onondaga County, New York redesignation request and Maintenance plan in 
1993 (58 FR 50851, September 29, 1993). 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://www.epa.gov/otaq/traq, in making our 
adequacy determination.

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

    Dated: June 30, 2004.
Jane M. Kenny,
Regional Administrator, Region 2.
[FR Doc. 04-15720 Filed 7-9-04; 8:45 am]
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