83 FR 11751 - Adequacy Determination for the Denver-North Front Range 2008 Ozone Attainment Plan's Motor Vehicle Emissions Budgets for Transportation Conformity Purposes; State of Colorado
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 52 (March 16, 2018)
Federal Register Volume 83, Issue 52 (March 16, 2018)
| Page Range | 11751-11751 | |
| FR Document | 2018-05406 |
[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)] [Notices] [Page 11751] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05406] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-R08-OAR-2018-0027; FRL-9975-08--Region 8] Adequacy Determination for the Denver-North Front Range 2008 Ozone Attainment Plan's Motor Vehicle Emissions Budgets for Transportation Conformity Purposes; State of Colorado AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of adequacy determination. ----------------------------------------------------------------------- SUMMARY: In this notice, the Environmental Protection Agency (EPA) is notifying the public that the EPA has found the Metro-Denver/North Front Range (Metro-Denver/NFR) Moderate 2008 8-hour ozone National Ambient Air Quality Standard (NAAQS) attainment plan and its motor vehicle emissions budgets (MVEBs) adequate for transportation conformity purposes. As more fully explained in the Supplementary Information section of this notice, this finding will affect future transportation conformity determinations. DATES: This finding is effective on April 2, 2018. FOR FURTHER INFORMATION CONTACT: Tim Russ, Air Program, U.S. Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6479, or [email protected]. SUPPLEMENTARY INFORMATION: Transportation conformity is required by section 176(c) of the Clean Air Act to ensure that federally funded highway and transit projects are consistent with the air quality goals established by the state implementation plan (SIP). The EPA's conformity rule provisions at 40 CFR part 93, subpart A, establish the criteria and procedures for determining whether transportation plans, programs and projects conform to the SIP. Conformity to a SIP means that transportation activities will not produce new air quality violations, worsen existing violations, or delay timely attainment of the applicable NAAQS. The criteria by which the EPA determines whether a SIP revision's MVEBs are adequate for transportation conformity purposes are outlined at 40 CFR 93.118(e)(4), and the adequacy review process is described at 40 CFR 93.118(f)(1). We applied these criteria and followed this process in making the determinations announced in this notice. This notice is simply an announcement of findings that the EPA has already made, as described below. The State of Colorado submitted the Metro-Denver/NFR Moderate 2008 8-hour ozone NAAQS attainment plan, and its associated MVEBs, on May 16, 2017. As part of our adequacy review, we posted the Metro-Denver/ NFR Moderate 2008 8-hour ozone NAAQS attainment plan, with its identified nitrogen oxides (NOX ) and volatile organic compounds (VOC) MVEBs, for adequacy review on the EPA Office of Transportation and Air Quality's transportation conformity website (https://www.epa.gov/state-and-local-transportation/adequacy-review-state-implementation-plan-sip-submissions-conformity) on December 8, 2017. The EPA requested public comments by January 8, 2018; we did not receive any comments. We sent a letter to the Colorado Department of Public Health and Environment (CDPHE) on January 30, 2018, stating that the submitted Metro-Denver/NFR Moderate 2008 8-hour ozone NAAQS attainment plan and its MVEBs were adequate for transportation conformity purposes. For the Metro-Denver/NFR Moderate 2008 8-hour ozone NAAQS attainment plan, the MVEBs we found adequate were as identified and described in Chapter 11 of the ozone attainment plan. We find that the Total Nonattainment Area Budgets of 73 tons per day (tpd) of NOX and 55 tpd of VOC for 2017 are adequate, in accordance with 40 CFR 93.118. We also find the nonattainment area's Northern Subarea Budgets of 12 tpd of NOX and 8 tpd of VOCs and the Southern Subarea Budgets of 61 tpd of NOX and 47 tpd of VOCs, all for 2017, are adequate. In addition, and as described in Chapter 11 of the Metro-Denver/NFR Moderate 2008 8-hour NAAQS ozone attainment plan, the Denver Regional Council of Governments (DRCOG) Metropolitan Planning Organization (MPO) and the North Front Range MPO (NFRMPO) may switch from using the combined nonattainment-area-wide MVEBs to using the sub-area MVEBs for determining transportation conformity. To switch to use of the sub-area MVEBs (or to subsequently switch back to use of the combined nonattainment-area-wide MVEBs), the DRCOG and the NFRMPO must use the process described in Chapter 11 of the Metro-Denver/NFR ozone Moderate 2008 8-hour NAAQS ozone attainment plan on pages 11-5 through 11-6. Following the effective date listed in the DATES section of this notice, the DRCOG, the NFRMPO, the Colorado Department of Transportation, and the U.S. Department of Transportation are required to use the MVEBs discussed above for future transportation conformity determinations for projects in the Metro-Denver/NFR Moderate 2008 8- hour NAAQS ozone nonattainment area. Please refer to 40 CFR 81.306 for a description of the nonattainment area boundary. On the effective date of this notice of adequacy, the previously-approved NOX and VOC MVEBs (76 FR 47443; August 5, 2011) for the Metro-Denver/NFR 1997 8-hour ozone NAAQS nonattainment area will no longer be applicable for transportation conformity purposes. Please note that our adequacy review of the MVEBs is separate from our future rulemaking action on the Metro-Denver/NFR Moderate 2008 8- hour NAAQS ozone attainment plan SIP revision and should not be used to prejudge our ultimate approval or disapproval of that SIP revision. Even if we find the Metro-Denver/NFR Moderate 2008 8-hour NAAQS ozone attainment plan and its MVEBs adequate for transportation conformity purposes now, we may later find it necessary to disapprove the SIP revision. Should this situation arise, we would revisit our adequacy finding. Authority: 42 U.S.C. 7401 et seq. Dated: March 13, 2018. Douglas H. Benevento, Regional Administrator, Region 8. [FR Doc. 2018-05406 Filed 3-15-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices 11751
work at the non-tribal portion of the Site state implementation plan (SIP). The Moderate 2008 8-hour NAAQS ozone
will be overseen by NDEP. EPA is only EPA’s conformity rule provisions at 40 attainment plan, the Denver Regional
seeking comment on the cost recovery CFR part 93, subpart A, establish the Council of Governments (DRCOG)
component of the Settlement. EPA will criteria and procedures for determining Metropolitan Planning Organization
consider all comments submitted by the whether transportation plans, programs (MPO) and the North Front Range MPO
date set forth above regarding Section V. and projects conform to the SIP. (NFRMPO) may switch from using the
(Payment of Response Costs) and EPA Conformity to a SIP means that combined nonattainment-area-wide
may withhold consent from, or seek to transportation activities will not MVEBs to using the sub-area MVEBs for
modify, all or part of Section V. produce new air quality violations, determining transportation conformity.
(Payment of Response Costs) if worsen existing violations, or delay
To switch to use of the sub-area MVEBs
comments received disclose facts or timely attainment of the applicable
(or to subsequently switch back to use
considerations that indicate that Section NAAQS.
The criteria by which the EPA of the combined nonattainment-area-
V. (Payment of Response Costs) is
determines whether a SIP revision’s wide MVEBs), the DRCOG and the
inappropriate, improper, or inadequate.
MVEBs are adequate for transportation NFRMPO must use the process
Dated: March 5, 2018. described in Chapter 11 of the Metro-
conformity purposes are outlined at 40
Enrique Manzanilla, Denver/NFR ozone Moderate 2008 8-
CFR 93.118(e)(4), and the adequacy
Director, Superfund Division, U.S. review process is described at 40 CFR hour NAAQS ozone attainment plan on
Environmental Protection Agency, Region 9.
93.118(f)(1). We applied these criteria pages 11–5 through 11–6.
[FR Doc. 2018–05407 Filed 3–15–18; 8:45 am]
and followed this process in making the Following the effective date listed in
BILLING CODE 6560–50–P determinations announced in this the DATES section of this notice, the
notice. DRCOG, the NFRMPO, the Colorado
This notice is simply an
ENVIRONMENTAL PROTECTION Department of Transportation, and the
announcement of findings that the EPA
AGENCY U.S. Department of Transportation are
has already made, as described below.
The State of Colorado submitted the required to use the MVEBs discussed
[EPA–R08–OAR–2018–0027; FRL–9975–
08—Region 8] Metro-Denver/NFR Moderate 2008 8- above for future transportation
hour ozone NAAQS attainment plan, conformity determinations for projects
Adequacy Determination for the and its associated MVEBs, on May 16, in the Metro-Denver/NFR Moderate
Denver-North Front Range 2008 Ozone 2017. As part of our adequacy review, 2008 8-hour NAAQS ozone
Attainment Plan’s Motor Vehicle we posted the Metro-Denver/NFR nonattainment area. Please refer to 40
Emissions Budgets for Transportation Moderate 2008 8-hour ozone NAAQS CFR 81.306 for a description of the
Conformity Purposes; State of attainment plan, with its identified nonattainment area boundary. On the
Colorado nitrogen oxides (NOX) and volatile effective date of this notice of adequacy,
AGENCY: Environmental Protection organic compounds (VOC) MVEBs, for the previously-approved NOX and VOC
Agency (EPA). adequacy review on the EPA Office of MVEBs (76 FR 47443; August 5, 2011)
Transportation and Air Quality’s for the Metro-Denver/NFR 1997 8-hour
ACTION: Notice of adequacy
transportation conformity website ozone NAAQS nonattainment area will
determination. (https://www.epa.gov/state-and-local- no longer be applicable for
SUMMARY: In this notice, the transportation/adequacy-review-state- transportation conformity purposes.
Environmental Protection Agency (EPA) implementation-plan-sip-submissions-
conformity) on December 8, 2017. The Please note that our adequacy review
is notifying the public that the EPA has
EPA requested public comments by of the MVEBs is separate from our
found the Metro-Denver/North Front
January 8, 2018; we did not receive any future rulemaking action on the Metro-
Range (Metro-Denver/NFR) Moderate
2008 8-hour ozone National Ambient comments. We sent a letter to the Denver/NFR Moderate 2008 8-hour
Air Quality Standard (NAAQS) Colorado Department of Public Health NAAQS ozone attainment plan SIP
attainment plan and its motor vehicle and Environment (CDPHE) on January revision and should not be used to
emissions budgets (MVEBs) adequate for 30, 2018, stating that the submitted prejudge our ultimate approval or
transportation conformity purposes. As Metro-Denver/NFR Moderate 2008 8- disapproval of that SIP revision. Even if
more fully explained in the hour ozone NAAQS attainment plan we find the Metro-Denver/NFR
Supplementary Information section of and its MVEBs were adequate for Moderate 2008 8-hour NAAQS ozone
this notice, this finding will affect future transportation conformity purposes. attainment plan and its MVEBs
transportation conformity For the Metro-Denver/NFR Moderate adequate for transportation conformity
determinations. 2008 8-hour ozone NAAQS attainment purposes now, we may later find it
plan, the MVEBs we found adequate necessary to disapprove the SIP
DATES: This finding is effective on April were as identified and described in
2, 2018. revision. Should this situation arise, we
Chapter 11 of the ozone attainment would revisit our adequacy finding.
FOR FURTHER INFORMATION CONTACT: Tim plan. We find that the Total
Russ, Air Program, U.S. Environmental Nonattainment Area Budgets of 73 tons Authority: 42 U.S.C. 7401 et seq.
Protection Agency, Region 8, Mailcode per day (tpd) of NOX and 55 tpd of VOC Dated: March 13, 2018.
8P–AR, 1595 Wynkoop Street, Denver, for 2017 are adequate, in accordance Douglas H. Benevento,
Colorado 80202–1129, (303) 312–6479, with 40 CFR 93.118. We also find the
daltland on DSKBBV9HB2PROD with NOTICES
or russ.tim@epa.gov. Regional Administrator, Region 8.
nonattainment area’s Northern Subarea
SUPPLEMENTARY INFORMATION: [FR Doc. 2018–05406 Filed 3–15–18; 8:45 am]
Budgets of 12 tpd of NOX and 8 tpd of
Transportation conformity is required VOCs and the Southern Subarea BILLING CODE 6560–50–P
by section 176(c) of the Clean Air Act Budgets of 61 tpd of NOX and 47 tpd of
to ensure that federally funded highway VOCs, all for 2017, are adequate.
and transit projects are consistent with In addition, and as described in
the air quality goals established by the Chapter 11 of the Metro-Denver/NFR
VerDate Sep<11>2014 21:54 Mar 15, 2018 Jkt 244001 PO 00000 Frm 00083 Fmt 4703 Sfmt 9990 E:\FR\FM\16MRN1.SGM 16MRN1](https://thefederalregister.org/doc/83_FR_11803/page/1.svg)
Document Created: 2018-03-16 01:12:21
Document Modified: 2018-03-16 01:12:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of adequacy determination. | |
| Dates | This finding is effective on April 2, 2018. | |
| Contact | Tim Russ, Air Program, U.S. Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6479, or [email protected] | |
| FR Citation | 83 FR 11751 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR