[Federal Register Volume 64, Number 202 (Wednesday, October 20, 1999)]
[Notices]
[Page 56497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27388]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6460-7]
Adequacy Status of Milwaukee, WI Submitted Ozone Attainment
Demonstration for Transportation Conformity Purposes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Inadequacy.
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SUMMARY: In this document, EPA is notifying the public that EPA has
found that the Milwaukee, Wisconsin ozone attainment demonstration does
not contain adequate mobile source emission budgets. On March 2, 1999,
the DC Circuit Court ruled that submitted State Implementation Plans
(SIPs) cannot be used for conformity determinations until EPA has
affirmatively found them adequate. Since the April 30, 1998, submittal
does not contain adequate budgets, this attainment demonstration can
not be used for future conformity determinations.
FOR FURTHER INFORMATION CONTACT: The finding and the response to
comments will be available at EPA's conformity website: http://
www.epa.gov/oms/traq, (once there, click on the ``Conformity'' button,
then look for ``Adequacy Review of SIP Submissions for Conformity'').
Michael G. Leslie, Regulation Development Section (AR-18J), Air
Programs Branch, Air and Radiation Division, United States
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois, 60604, (312) 353-6680, leslie.michael@epa.gov.
SUPPLEMENTARY INFORMATION:
Background:
Throughout this document, whenever ``we'', ``us'' or ``our'' is
used, we mean EPA. Today's notice is simply an announcement of a
finding that we have already made. EPA Region 5 sent a letter to the
Wisconsin Department of Natural Resources on September 28, 1999,
stating that the Milwaukee, Wisconsin submitted ozone attainment
demonstration does not contain adequate mobile source emission budgets.
This finding will also be announced on EPA's conformity website:
http://www.epa.gov/oms/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 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 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've described our process for determining the adequacy of
submitted SIP budgets in guidance (May 14, 1999 memorandum titled
``Conformity Guidance on Implementation of March 2, 1999 Conformity
Court Decision''). We followed this guidance in making our adequacy
determination.
Authority: 42 U.S.C. 7401-7671q.
Dated: October 7, 1999.
David A. Ullrich,
Acting Regional Administrator, Region 5.
[FR Doc. 99-27388 Filed 10-19-99; 8:45 am]
BILLING CODE 6560-50-P
