[Federal Register: April 28, 2008 (Volume 73, Number 82)]
[Notices]
[Page 22943]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ap08-47]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-R04-OAR-2008-0216-200812; FRL-8558-9]
Adequacy Status of the Northern Kentucky Attainment Demonstration
8-Hour Ozone Motor Vehicle Emission Budgets for Transportation
Conformity Purposes
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of adequacy.
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SUMMARY: EPA is notifying the public that it has found that the motor
vehicle emissions budgets (MVEBs) in the Northern Kentucky Attainment
Demonstration State Implementation Plan (SIP) revision, submitted on
December 7, 2007, by the Kentucky Division of Air Quality (KDAQ) are
adequate for transportation conformity purposes. As a result of EPA's
finding, the Northern Kentucky Area (Boone, Campbell and Kenton
Counties) must use the MVEBs from the December 7, 2007, Northern
Kentucky Attainment Demonstration SIP for future conformity
determinations for the 1997 8-hour ozone standard.
DATES: These MVEBs are effective May 13, 2008.
FOR FURTHER INFORMATION CONTACT: Lynorae Benjamin, U.S. Environmental
Protection Agency, Region 4, Air Planning Branch, 61 Forsyth Street,
SW., Atlanta, Georgia 30303. Ms. Benjamin can also be reached by
telephone at (404) 562-9040, or via electronic mail at
benjamin.lynorae@epa.gov. The finding is available at EPA's conformity
Web site: http://www.epa.gov/otaq/stateresources/transconf/
currsips.htm.
SUPPLEMENTARY INFORMATION: This notice is simply an announcement of a
finding that EPA has already made. EPA Region 4 sent a letter to KDAQ
on March 14, 2008, stating that the MVEBs in the Northern Kentucky
Attainment Demonstration SIP, submitted on December 7, 2007, are
adequate. The tri-state Cincinnati-Hamilton 8-hour ozone nonattainment
area (Area) is comprised of the following counties: Boone, Campbell and
Kenton in Kentucky; Butler, Clermont, Clinton, Hamilton and Warren in
Ohio; and a portion of Dearborn in Indiana. Kentucky's Attainment
Demonstration submittal addresses only MVEBs for the Kentucky portion
of this Area. The MVEBs for the Ohio and Indiana portions of this Area
are addressed in a separate submittal provided by Ohio and Indiana. In
a separate letter, EPA made a similar determination for the MVEBs
associated with the Ohio and Indiana portions of this Area. EPA is
addressing the adequacy of the Ohio and Indiana MVEBs through a
separate notice. EPA's adequacy comment period for the Kentucky
submittal ran from December 18, 2007, through January 17, 2008. 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/stateresources/transconf/pastsips.htm. The adequate
MVEBs are provided in the following table:
Northern Kentucky 8-Hour Ozone MVEBs
[Tons per day]
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2008
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NOX........................................................... 21.36
VOC........................................................... 9.91
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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 EPA determines whether a SIP's MVEBs are
adequate for transportation conformity purposes are outlined in 40 Code
of Federal Regulations (CFR) 93.118(e)(4). We have also described the
process for determining the adequacy of submitted SIP budgets in our
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). 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.
Within 24 months from the effective date of this notice, the
transportation partners will need to demonstrate conformity to the new
MVEBs if the demonstration has not already been made, pursuant to 40
CFR 93.104(e). See, 73 FR 4419 (January 24, 2008).
Authority: 42 U.S.C. 7401 et seq.
Dated: April 17, 2008.
Russell L. Wright, Jr.,
Acting Regional Administrator, Region 4.
[FR Doc. E8-9244 Filed 4-25-08; 8:45 am]
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