[Federal Register Volume 75, Number 16 (Tuesday, January 26, 2010)]
[Pages 4063-4064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1462]



[EPA-R05-OAR-2008-0682; FRL-9106-5]

Adequacy Status of the Cleveland/Akron, Ohio Submitted Annual 
Fine Particulate Matter Attainment Demonstration for Transportation 
Conformity Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy.


SUMMARY: In this notice, EPA is notifying the public that we have found 
that the motor vehicle emissions budgets (MVEBs) for fine particulate 
matter (PM2.5) and oxides of nitrogen (NOX) as a 
precursor to fine particulate matter in the Cleveland/Akron, Ohio area 
are adequate for use in transportation conformity determinations. Ohio 
submitted the Cleveland/Akron area budgets with the attainment 
demonstration submittal initially on July 16, 2008, and subsequently 
submitted the public hearing results on December 5, 2008. As a result 
of our finding, the Cleveland/Akron, Ohio area must use the MVEBs from 
the submitted PM2.5 attainment demonstration plan for future 
transportation conformity determinations.

DATES: This finding is effective February 10, 2010.

FOR FURTHER INFORMATION CONTACT: Patricia Morris, Environmental 
Scientist, Criteria Pollutant 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) 353-8656, morris.patricia@epa.gov.

SUPPLEMENTARY INFORMATION: 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. On December 7, 2009, EPA Region 5 sent a letter to the 
Ohio Environmental Protection Agency stating that the 2009 MVEBs for 
the Cleveland/Akron, Ohio area, which were submitted with the state's 
PM2.5 attainment demonstration, are adequate. Receipt of 
these MVEBs was announced on EPA's transportation conformity Web site, 
and no comments were submitted. The finding is available at EPA's 
conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm.
    The adequate 2009 MVEBs, in tons per year (tpy), for 
PM2.5 and NOX for the Cleveland/Akron, Ohio area 
are as follows:

                          Cleveland/Akron, Ohio
                                          PM2.5 (tpy)       NOX (tpy)
2009..................................          818.11         43553.48

    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

[[Page 4064]]

conform. Conformity to a State Implementation Plan (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 transportation conformity purposes 
are outlined in 40 CFR 93.118(e)(4). We have 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 while making our adequacy determination. 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.
    The finding and the response to comments are available at EPA's 
transportation conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm.

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

    Dated: January 13, 2010.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.
[FR Doc. 2010-1462 Filed 1-25-10; 8:45 am]