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Federal Register / Vol. 73, No.

82 / Monday, April 28, 2008 / Notices 22943

93–275, 15 U.S.C. 761 et seq.), and the DOE Campbell and Kenton in Kentucky; completeness review, and it also should
Organization Act (Pub. L. 95–92, 42 U.S.C. Butler, Clermont, Clinton, Hamilton and not be used to prejudge EPA’s ultimate
7101 et seq.). Warren in Ohio; and a portion of approval of the SIP. Even if EPA finds
Issued in Washington, DC, April 22, 2008. Dearborn in Indiana. Kentucky’s the MVEBs adequate, the Agency may
Jay H. Casselberry, Attainment Demonstration submittal later determine that the SIP itself is not
Agency Clearance Officer, Energy Information addresses only MVEBs for the Kentucky approvable.
Administration. portion of this Area. The MVEBs for the Within 24 months from the effective
[FR Doc. E8–9221 Filed 4–25–08; 8:45 am] Ohio and Indiana portions of this Area date of this notice, the transportation
BILLING CODE 6450–01–P
are addressed in a separate submittal partners will need to demonstrate
provided by Ohio and Indiana. In a conformity to the new MVEBs if the
separate letter, EPA made a similar demonstration has not already been
determination for the MVEBs associated made, pursuant to 40 CFR 93.104(e).
ENVIRONMENTAL PROTECTION
with the Ohio and Indiana portions of See, 73 FR 4419 (January 24, 2008).
AGENCY
this Area. EPA is addressing the Authority: 42 U.S.C. 7401 et seq.
[EPA–R04–OAR–2008–0216–200812; FRL– adequacy of the Ohio and Indiana
8558–9] MVEBs through a separate notice. EPA’s Dated: April 17, 2008.
adequacy comment period for the Russell L. Wright, Jr.,
Adequacy Status of the Northern Kentucky submittal ran from December Acting Regional Administrator, Region 4.
Kentucky Attainment Demonstration 18, 2007, through January 17, 2008. [FR Doc. E8–9244 Filed 4–25–08; 8:45 am]
8-Hour Ozone Motor Vehicle Emission During EPA’s adequacy comment BILLING CODE 6560–50–P
Budgets for Transportation Conformity period, no adverse comments were
Purposes received. This finding has also been
AGENCY: Environmental Protection announced on EPA’s conformity Web ENVIRONMENTAL PROTECTION
Agency (EPA). site: http://www.epa.gov/otaq/ AGENCY
ACTION: Notice of adequacy.
stateresources/transconf/pastsips.htm. [FRL–8559–2]
The adequate MVEBs are provided in
SUMMARY: EPA is notifying the public the following table: Notice of Proposed Administrative
that it has found that the motor vehicle Settlement Pursuant to the
emissions budgets (MVEBs) in the NORTHERN KENTUCKY 8-HOUR OZONE Comprehensive Environmental
Northern Kentucky Attainment MVEBS Response, Compensation, and Liability
Demonstration State Implementation [Tons per day] Act
Plan (SIP) revision, submitted on
December 7, 2007, by the Kentucky 2008 AGENCY: Environmental Protection
Division of Air Quality (KDAQ) are Agency.
adequate for transportation conformity NOX ................................................ 21.36 ACTION: Notice; request for public
purposes. As a result of EPA’s finding, VOC ................................................ 9.91 comment.
the Northern Kentucky Area (Boone,
Transportation conformity is required SUMMARY: In accordance with Section
Campbell and Kenton Counties) must
by section 176(c) of the Clean Air Act. 122(h)(1) of the Comprehensive
use the MVEBs from the December 7,
EPA’s conformity rule requires that Environmental Response,
2007, Northern Kentucky Attainment
transportation plans, programs and Compensation, and Liability Act, as
Demonstration SIP for future conformity
projects conform to state air quality amended (‘‘CERCLA’’), 42 U.S.C.
determinations for the 1997 8-hour
implementation plans and establishes 9622(h)(1), notice is hereby given of a
ozone standard.
the criteria and procedures for proposed administrative settlement
DATES: These MVEBs are effective May determining whether or not they do. concerning the Webster-Gulf Nuclear
13, 2008. Conformity to a SIP means that Superfund Site, Gulf Nuclear Superfund
FOR FURTHER INFORMATION CONTACT: transportation activities will not Site, and the Tavenor-Gulf Nuclear
Lynorae Benjamin, U.S. Environmental produce new air quality violations, Superfund Site, collectively known as
Protection Agency, Region 4, Air worsen existing violations, or delay the Gulf Nuclear Superfund Site (the
Planning Branch, 61 Forsyth Street, timely attainment of the national Sites). The Sites are located in Webster,
SW., Atlanta, Georgia 30303. Ms. ambient air quality standards. Harris County, Texas; Odessa, Ector
Benjamin can also be reached by The criteria by which EPA determines County, Texas; and Houston, Harris
telephone at (404) 562–9040, or via whether a SIP’s MVEBs are adequate for County, Texas.
electronic mail at transportation conformity purposes are The Settling Party, the Texas
benjamin.lynorae@epa.gov. The finding outlined in 40 Code of Federal Department of State Health Services
is available at EPA’s conformity Web Regulations (CFR) 93.118(e)(4). We have (DSHS) has provided to EPA In-Kind
site: http://www.epa.gov/otaq/ also described the process for Services valued at $124,592.40. A
stateresources/transconf/currsips.htm. determining the adequacy of submitted $102,000 portion of the value of the In-
SUPPLEMENTARY INFORMATION: This SIP budgets in our July 1, 2004, final Kind Services already provided shall be
notice is simply an announcement of a rulemaking entitled, ‘‘ Transportation valued as consideration in the
finding that EPA has already made. EPA Conformity Rule Amendments for the Settlement Agreement. The remaining
Region 4 sent a letter to KDAQ on New 8-hour Ozone and PM2.5 National In-Kind Services value of $22,592.40
March 14, 2008, stating that the MVEBs Ambient Air Quality Standards and will be available to the Settling Party to
in the Northern Kentucky Attainment Miscellaneous Revisions for Existing use as credit for any expenditure of
pwalker on PROD1PC71 with NOTICES

Demonstration SIP, submitted on Areas; Transportation Conformity Rule costs at the Sites that go beyond EPA’s
December 7, 2007, are adequate. The tri- Amendments: Response to Court estimated response costs of
state Cincinnati-Hamilton 8-hour ozone Decision and Additional Rule Changes’’ $29,864,194.82. The purpose of this
nonattainment area (Area) is comprised (69 FR 40004). Please note that an Agreement is to settle the claims for past
of the following counties: Boone, adequacy review is separate from EPA’s costs incurred by EPA against DSHS, a

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