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2878 Federal Register / Vol. 72, No.

14 / Tuesday, January 23, 2007 / Notices

adequately address the environmental ACTION: Notice of adequacy. Jackson Boulevard, Chicago, Illinois
justice issue raised by Petitioners as is 60604, (312) 353–8777,
required by state and federal SUMMARY: In this action, EPA is Maietta.anthony@epa.gov.
environmental justice executive orders; notifying the public that EPA has found
SUPPLEMENTARY INFORMATION:
and (6) the DEP did not adequately that the motor vehicle emissions
Throughout this document, whenever
address issues raised by Petitioners budgets (MVEBs) for four areas across
‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, we mean
during the public hearing. On November the state of Michigan are adequate for
EPA.
30, 2006, the Administrator issued an conformity purposes. On March 2, 1999,
order granting on the issue of Statement the D.C. Circuit Court ruled that Background
of Basis and denying on the other submitted State Implementation Plans Today’s action is simply an
issues. The order explains EPA’s (SIPs) cannot be used for conformity announcement of a finding that we have
reasons for granting on the Statement of determinations until EPA has already made. EPA Region 5 sent a letter
Basis issue and for denying the affirmatively found them adequate. As a to the Michigan Department of
remaining issues. result of our finding, the Flint Environmental Quality on November 29,
Dated: January 4, 2007. (consisting of Genesee and Lapeer 2006, stating that the 2018 (MVEBs) in
Counties), Muskegon County, Berrien the Flint, Muskegon County, Berrien
Alan J. Steinberg,
County, and Cass County areas can use County, and Cass County areas are
Regional Administrator, Region 2.
the (MVEBs) for future conformity adequate. Michigan submitted the
[FR Doc. E7–818 Filed 1–22–07; 8:45 am] determinations. These budgets are budgets as part of the 8-hour ozone
BILLING CODE 6560–50–P effective February 7, 2007. The finding redesignation requests and maintenance
and the response to comments will be plans for these areas. This finding was
available at EPA’s conformity Web site: announced on EPA’s conformity Web
ENVIRONMENTAL PROTECTION http://www.epa.gov/otaq/transp.htm,
AGENCY site, and received no comments:
(once there, click on the ‘‘Conformity’’ http://www.epa.gov/otaq/
[MI–88–1; FRL–8272–8] button, then look for ‘‘Adequacy Review stateresources/transconf/adequacy.htm,
of SIP Submissions for Conformity’’). (once there, click on ‘‘What SIP
Adequacy Status of Motor Vehicle
FOR FURTHER INFORMATION CONTACT: submissions are currently under EPA
Emissions Budgets for Four Areas in
Michigan for Transportation Anthony Maietta, Life Scientist, Criteria adequacy review?’’).
Conformity Purposes Pollutant Section (AR–18J), Air The 2018 (MVEBs), in tons per day,
Programs Branch, Air and Radiation for volatile organic compounds and
AGENCY: Environmental Protection Division, United States Environmental oxides of nitrogen for these areas are as
Agency (EPA). Protection Agency, Region 5, 77 West follows:

2018 VOC 2018 NOX


Area MVEB (tpd) MVEB (tpd)

Flint .......................................................................................................................................................................... 25.68 37.99


Muskegon County .................................................................................................................................................... 6.67 11.00
Berrien County ......................................................................................................................................................... 9.16 15.19
Cass County ............................................................................................................................................................ 2.76 3.40

Transportation conformity is required We’ve described our process for ACTION: Notice of withdrawal action.
by section 176(c) of the Clean Air Act. determining the adequacy of submitted
EPA’s conformity rule requires that SIP budgets in guidance (May 14, 1999 SUMMARY: This notice announces that
transportation plans, programs, and memo titled ‘‘Conformity Guidance on EPA is withdrawing the Notice of Final
projects conform to state air quality Implementation of March 2, 1999 Agency Action of November 22, 2006
implementation plans and establishes Conformity Court Decision’’). We (71 FR 67560), for the Indeck-Elwood,
the criteria and procedures for followed this guidance in making our LLC Prevention of Significant
determining whether or not they do. adequacy determination. Deterioration (PSD) permit, because the
Conformity to a SIP means that Dated: January 11, 2007. Environmental Appeals Board (EAB)
transportation activities will not Mary A. Gade, remanded the permit in part. On
produce new air quality violations, Regional Administrator, Region 5. September 27, 2006, the EAB of the EPA
worsen existing violations, or delay [FR Doc. E7–919 Filed 1–22–07; 8:45 am] denied in part, and remanded in part, a
timely attainment of the national BILLING CODE 6560–50–P petition for review of a federal PSD
ambient air quality standards. permit issued to Indeck-Elwood, LLC by
The criteria by which we determine the Illinois Environmental Protection
whether a SIP’s motor vehicle emission ENVIRONMENTAL PROTECTION Agency. According to 40 CFR part 124,
budgets are adequate for conformity AGENCY a final permit decision shall be issued
purposes are outlined in 40 CFR by the Regional Administrator when the
93.118(e)(4). Please note that an [IL228–2; FRL–8272–7] EAB issues a decision on the merits of
adequacy review is separate from EPA’s the appeal and the decision does not
mstockstill on PROD1PC70 with NOTICES

Notice of Prevention of Significant include a remand of the proceedings.


completeness review, and it also should
Deterioration Final Determination for Because the EAB’s decision on this
not be used to prejudge EPA’s ultimate Indeck-Elwood, LLC
approval of the SIP. Even if we find a permit appeal included a partial
budget adequate, the SIP could later be remand, there is not yet a final agency
AGENCY: Environmental Protection
disapproved. Agency (EPA). action subject to review.

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