Adequacy Status of Milwaukee, Wisconsin Submitted 9% Rate of Progress Plan for Transportation Conformity Purposes

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6469-2]

Adequacy Status of Milwaukee, Wisconsin Submitted 9% Rate of

Progress Plan for Transportation Conformity Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy.

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

found that the Milwaukee, Wisconsin 9% Rate of Progress (ROP) plan does

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 December 11, 1997,

submittal does contain adequate budgets, this attainment demonstration

can be used for future conformity determinations.

FOR FURTHER INFORMATION CONTACT:

The finding and the response to comments 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'').

Michael G. Leslie, 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) 353-6680, [email protected].

SUPPLEMENTARY INFORMATION:

Background

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

used, we mean EPA. This notice is simply an announcement of a finding

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

Department of Natural Resources on October 7, 1999, stating that the

Milwaukee, Wisconsin submitted 9% ROP does 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 memo 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. 7401-7671q.

Dated: October 22, 1999.

David A. Ullrich,

Acting Regional Administrator, Region 5.

[FR Doc. 99-28724 Filed 11-2-99; 8:45 am]

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