Adequacy Status of Lake and Porter Counties, Indiana Submitted Ozone Attainment Demonstration for Transportation Conformity Purposes

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6460-8]

Adequacy Status of Lake and Porter Counties, Indiana Submitted

Ozone Attainment Demonstration for Transportation Conformity Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of inadequacy.

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SUMMARY: In this document, EPA is notifying the public that EPA has

found that the Lake and Porter Counties, Indiana ozone attainment

demonstration does not contain adequate mobile source emission budgets.

On March 2, 1999, the D.C. Circuit Court ruled that submitted State

Implementation Plans (SIPs) cannot be used for conformity

determinations until EPA has affirmatively found them adequate. Since

the April 30, 1998, submittal does not contain adequate budgets, this

attainment demonstration can not be used for future conformity

determinations.

FOR FURTHER INFORMATION CONTACT: The finding and the response to

comments

[[Page 56497]]

will be available at EPA's conformity website:

http://www.epa.gov/oms/traq, (once there, click on the ``Conformity''

button, then look for ``Adequacy Review of SIP Submissions for

Conformity'').

Ryan Bahr, environmental engineer, Regulation Development Section

(AR-18J), Air Programs Branch, Air and Radiation Division, United

States Environmental Protection Agency, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois 60604, (312) 353-4366, [email protected].

SUPPLEMENTARY INFORMATION:

Background

Throughout this document, whenever ``we'', ``us'' or ``our'' is

used, we mean EPA. Today's notice is simply an announcement of a

finding that we have already made. EPA Region 5 sent a letter to the

Indiana Department of Environmental Management on September 28, 1999,

stating that the Lake and Porter Counties submitted ozone attainment

demonstration does not contain adequate mobile source emission budgets.

This finding will also be announced on EPA's conformity website: http:/

/www.epa.gov/oms/traq, (once there, click on the ``Conformity'' button,

then look for ``Adequacy Review of SIP Submissions for Conformity'').

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 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've described our process for determining the adequacy of

submitted SIP budgets in guidance (May 14, 1999 memorandum titled

``Conformity Guidance on Implementation of March 2, 1999 Conformity

Court Decision''). We followed this guidance in making our adequacy

determination.

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

Dated: October 7, 1999.

David A. Ullrich,

Acting Regional Administrator, Region 5.

[FR Doc. 99-27387 Filed 10-19-99; 8:45 am]

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