
[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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