[Federal Register Volume 71, Number 36 (Thursday, February 23, 2006)]
[Notices]
[Page 9332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2575]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R04-OAR-2005-AL-0003-200604; FRL-8036-2 ]


Adequacy Status of the Birmingham, AL 8-hour Ozone Redesignation 
and Maintenance Demonstration for Transportation Conformity Purposes

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 Emissions Budgets (MVEBs) in the Birmingham, 
Alabama 8-hour ozone redesignation and maintenance demonstration, dated 
January 27, 2006, by the Alabama Department of Environmental Management 
(ADEM), 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 EPA's finding, the Birmingham area can use the 
MVEBs from the submitted Birmingham, Alabama 8-hour ozone maintenance 
plan for future conformity determinations.

DATES: These MVEBs are effective March 10, 2006.

FOR FURTHER INFORMATION CONTACT: Amanetta Wood, Environmental 
Scientist, U.S. Environmental Protection Agency, Region 4, Air Planning 
Branch, Air Quality Modeling and Transportation Section, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303. Ms. Wood can also be reached by 
telephone at (404) 562-9025, or via electronic mail at 
[email protected]. 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 
Review of SIP Submissions'').

SUPPLEMENTARY INFORMATION:

Background

    Today's notice is simply an announcement of a finding that EPA has 
already made. EPA Region 4 sent a letter to ADEM on February 2, 2006, 
stating that the MVEBs in the submitted Birmingham, Alabama 8-hour 
ozone maintenance plan, dated January 27, 2006, are adequate. The 
Birmingham, Alabama 8-hour ozone maintenance area is comprised of 
Jefferson and Shelby Counties. EPA's adequacy comment period ran from 
November 17, 2005, through December 19, 2005. During EPA's adequacy 
comment period no adverse comments were received. This finding has also 
been announced on EPA's conformity Web site: http://www.epa.gov/otaq/transp/conform/adequacy.htm, (once there, look for ``What SIP 
submissions are currently under EPA Adequacy Review?''). The adequate 
MVEBs are provided in the following table:

                          Birmingham Area MVEBs
                             [Tons per day]
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                                                                  2017
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VOC..........................................................         23
NOX..........................................................         42
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    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 MVEBs are 
adequate for transportation 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 EPA finds the MVEBs 
adequate, the Agency may later determine that the SIP itself is not 
approvable.
    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. This guidance is incorporated into EPA's July 
1, 2004, final rulemaking entitled, `` Transportation Conformity Rule 
Amendments for the New 8-hour Ozone and PM2.5 National 
Ambient Air Quality Standards and Miscellaneous Revisions for Existing 
Areas; Transportation Conformity Rule Amendments: Response to Court 
Decision and Additional Rule Changes'' (69 FR 40004).

    Authority: 42 U.S.C. 7401 et seq.

    Dated: February 13, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. E6-2575 Filed 2-22-06; 8:45 am]
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