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Adequacy Status of Chicago, IL, Northwest Indiana, IN, and Milwaukee, WI in Submitted Ozone Attainment Demonstrations for Transportation Conformity Purposes

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[Federal Register: June 20, 2000 (Volume 65, Number 119)]
[Notices]
[Page 38277-38278]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn00-63]

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ENVIRONMENTAL PROTECTION AGENCY

[IL 200, IN 130, WI 97-01-7328; FRL-6719-6]


Adequacy Status of Chicago, IL, Northwest Indiana, IN, and
Milwaukee, WI in Submitted Ozone Attainment Demonstrations for
Transportation Conformity Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy.

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SUMMARY: In this document, EPA is notifying the public that EPA has
found that the motor vehicle emissions budgets in each of the three
Lake Michigan area ozone attainment demonstrations are adequate for
transportation conformity purposes. The three areas affected are:
Chicago, Illinois; Northwest Indiana (Lake and Porter Counties),
Indiana, and Milwaukee, Wisconsin. 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 the motor vehicle emission budgets adequate. We
have made that finding in letters to the States affected and are
providing notice to the public in this Federal Register. As a result of
our finding, Chicago, Northwest Indiana and Milwaukee can use the motor
vehicle emissions budgets from their submitted ozone attainment
demonstrations for future transportation conformity determinations. The
motor vehicle emissions budgets are for two pollutants, volatile
organic compounds (VOC) and oxides of nitrogen (NOx), that combine to
form ground level-ozone. Ozone can cause inflamation of the lungs,
decrease lung capacity, and aggravate asthma. These budgets are
effective July 5, 2000.

FOR FURTHER INFORMATION CONTACT: The finding and the response to
comments will be available at EPA's transportation 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'').
    Ryan Bahr, Environmental Engineer, 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) 353-4366, bahr.ryan@epa.gov.

[[Page 38278]]

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 letters to the
Illinois Environmental Protection Agency on March 24, 2000, and May 31,
2000, stating that both the VOC and NOx motor vehicle emissions budgets
in the Chicago, Illinois submitted ozone attainment demonstration for
2007 are adequate. EPA sent similar letters to the Indiana Department
of Environmental Management on May 8, 2000, and May 31, 2000. Similar
letters were sent to the Wisconsin Department of Natural Resources on
May 1, 2000, and May 31, 2000.
    Before making these findings, we opened a 30 day public comment
period for the adequacy of mobile source vehicle emission budgets in
the States' submittals. No comments were received during this comment
period. However, there were comments received during the comment period
relating to the proposed conditional approval of the attainment
demonstration SIPs. After examining those comments, we determined that
several applied to the adequacy process and while they were not
submitted during the adequacy comment period, they should be addressed.
We responded to these comments and issued supplemental letters to
Illinois, Indiana, and Wisconsin finalizing the adequacy findings on
May 31, 2000. All three letters found that the VOC and NOx motor
vehicle emissions budgets in the submitted ozone attainment
demonstrations for 2007 are adequate. These findings and the response
to comments 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 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 we
find a budget adequate, the SIP could later be disapproved.
    We've described our process for determining the adequacy of
submitted SIP motor vehicle emission budgets in guidance (May 14, 1999
memo 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: June 8, 2000.
Norman Niedergang,
Acting Regional Administrator, Region 5.
[FR Doc. 00-15508 Filed 6-19-00; 8:45 am]
BILLING CODE 6560-50-P

 
 

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