
[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]

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