[Federal Register Volume 75, Number 113 (Monday, June 14, 2010)]
[Notices]
[Pages 33614-33615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14209]


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ENVIRONMENTAL PROTECTION AGENCY

[Docket No. EPA-R02-OAR-2010-0482; FRL-9161-5]


Adequacy Status of the Submitted 2009 PM2.5 Motor 
Vehicle Emission Budgets for Transportation Conformity Purposes for New 
Jersey

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 motor vehicle emissions budgets for PM2.5 and 
NOX in the submitted attainment demonstration state 
implementation plans for the New Jersey portions of the New York-
Northern New Jersey-Long Island, NY-NJ-CT, and Philadelphia-Wilmington, 
PA-NJ-DE, PM2.5 nonattainment areas to be adequate for 
transportation conformity purposes. The transportation conformity rule 
(40 CFR part 93) requires that the EPA conduct a public process and 
make an affirmative decision on the adequacy of budgets before they can 
be used by metropolitan planning organizations in conformity 
determinations. As a result of our finding, two metropolitan planning 
organizations in New Jersey (the North Jersey Transportation Planning 
Authority and the Delaware Valley Regional Planning Commission) must 
use the new 2009 PM2.5 budgets for future transportation 
conformity determinations.

DATES: This finding is effective June 29, 2010.

FOR FURTHER INFORMATION CONTACT: Matt Laurita, Air Programs Branch, 
Environmental Protection Agency--Region 2, 290 Broadway, 25th Floor, 
New York, New York 10007-1866, (212) 637-3895, [email protected].
    The finding and the response to comments will be available at EPA's 
conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2009, New Jersey submitted attainment demonstration 
state implementation plans to EPA for both the New York-Northern New 
Jersey-Long Island, NY-NJ-CT (New York), and Philadelphia-Wilmington, 
PA-NJ-DE (Philadelphia), PM2.5 nonattainment areas. The 
purpose of New Jersey's submittal was to demonstrate the State's 
progress toward attaining the 1997 PM2.5 National Ambient 
Air Quality Standard (62 FR 38652, July 18, 1997). New Jersey's 
submittal included motor vehicle emissions budgets (``budgets'') for 
2009 for use by the State's metropolitan planning organizations in 
making transportation conformity determinations. On August 19, 2009, 
EPA posted the availability of the budgets our Web site for the purpose 
of soliciting public comments. The comment period closed on September 
18, 2009, and we received no comments.
    Today's notice is simply an announcement of a finding that we have 
already made. EPA Region 2 sent a letter to New Jersey on May 4, 2010, 
stating that the 2009 motor vehicle emissions budgets in New Jersey's 
SIPs for both the New York and Philadelphia PM2.5 
nonattainment areas are adequate because they are consistent with the 
required attainment demonstration. In the letter we also clarified that 
the adequate 2009 budgets do not replace previously approved ``early 
progress'' budgets for either NJTPA (71 FR 38770, July 10, 2006) or the 
Mercer County portion of DVRPC (73 FR 24868, May 6, 2008). However, 
since the previously approved budgets were established voluntarily 
(i.e. not to satisfy a specific Clean Air Act requirement), and the 
budgets submitted on April 1, 2009, were part of a required attainment 
demonstration, the budgets being found adequate today will co-exist 
with the previously approved budgets, and the more protective budgets 
will take precedence in any regional emissions analysis performed by 
either MPO.
    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 SIPs and establishes the 
criteria and procedures for determining whether or not they conform. 
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 have described our process for determining the adequacy of 
submitted SIP budgets in 40 CFR 93.118(f). We have followed this rule 
in making our adequacy determination. The motor vehicle emissions 
budgets being found adequate today are listed in Table 1. EPA's finding 
will also be announced on EPA's conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm.

 Table 1--2009 Attainment PM2.5 Motor Vehicle Emissions Budgets for New
                                 Jersey
                             [Tons per year]
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 Metropolitan planning organization         PM2.5              NOX
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North Jersey Transportation Planning               842            44,321
 Authority..........................
Delaware Valley Regional Planning                  105             5,323
 Commission (Mercer County only)....
Delaware Valley Regional Planning                  341            17,319
 Commission (Burlington, Camden, and
 Gloucester Counties)...............
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[[Page 33615]]

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

    Dated: June 2, 2010.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2010-14209 Filed 6-11-10; 8:45 am]
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