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Adequacy Status of the Municipality of Guaynabo, PR submitted PM10 Limited Maintenance Plan for Transportation Conformity Purposes

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[Federal Register: August 10, 2009 (Volume 74, Number 152)]
[Notices]
[Page 39957]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10au09-32]

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ENVIRONMENTAL PROTECTION AGENCY
[Docket No. EPA-R02-OAR-2009-0508; FRL-8942-8]

Adequacy Status of the Municipality of Guaynabo, PR submitted PM10
Limited Maintenance Plan 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 we have found
that the Limited Maintenance Plan for PM10 in the
Municipality of Guaynabo, Puerto Rico is adequate for transportation
conformity purposes.

DATES: This finding is effective August 25, 2009.

FOR FURTHER INFORMATION CONTACT: Marina Cubias-Castro, Air Programs
Branch, Environmental Protection Agency--Region 2, 290 Broadway, 25th
floor, New York, NY 10007, castro.marina@epa.gov, 212-637-3713.
    The finding and the response to comments are available at EPA's
conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/
adequacy.htm.

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 Puerto Rico
Environmental Quality Board on June 23, 2009 stating that the
Municipality of Guaynabo submitted PM10 Limited Maintenance
Plan, is adequate.
    On August 9, 2001, EPA issued guidance on streamlined maintenance
plan provisions for certain moderate PM10 nonattainment
areas seeking redesignation to attainment (Memo from Lydia Wegman,
Director, Air Quality Standards and Strategies Division, entitled
``Limited Maintenance Plan Option for Moderate PM10
Nonattainment Areas''). The LMP Option memo contains a statistical
demonstration that areas meeting certain air quality criteria will,
with a high degree of probability, maintain the standard 10 years into
the future. Since the Municipality of Guaynabo has been attaining the
PM10 NAAQS for at least 5 years, and has a low risk of
future exceedances, the limited maintenance plan policy allows both
Puerto Rico and EPA to redesignate this area, which is at a low risk of
PM10 violations, in an expedited manner. EPA's adequacy
review of the limited maintenance plan for the Municipality of Guaynabo
primarily focuses on whether the area qualifies for the applicable
limited maintenance plan policy for PM10. We have found the
maintenance plan for the Municipality of Guaynabo adequate for
conformity purposes under our limited maintenance plan policy.
    Transportation conformity is required by Clean Air Act section
176(c). EPA's conformity rule requires that transportation plans,
transportation improvement programs, and projects conform to state air
quality implementation plans (SIPs) 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). We've described our process for determining the
adequacy of submitted SIP budgets in our July 1, 2004 preamble starting
at 69 FR 40038 and we used the information in these resources in making
our adequacy determination. Please note that an adequacy review is
separate from EPA's completeness review, and should not be used to
prejudge EPA's ultimate approval action for the SIP. Even if we find a
limited maintenance plan adequate, the SIP could later be disapproved.

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

    Dated: July 28, 2009.
George Pavlou,
Acting Regional Administrator, Region 2.
[FR Doc. E9-19068 Filed 8-7-09; 8:45 am]
BILLING CODE 6560-50-P

 
 

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