[Federal Register Volume 64, Number 220 (Tuesday, November 16, 1999)]
[Notices]
[Page 62196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29892]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6475-5]
Adequacy Status of Submitted State Implementation Plans for
Transportation Conformity Purposes: Washington Region Phase II Ozone
Attainment Plans for the Metropolitan Washington D.C. Ozone
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of adequacy status.
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SUMMARY: In this document EPA is announcing that the motor vehicle
emissions budgets (hereafter referred to as ``budgets'') contained in
the Phase II Ozone Attainment Plans submitted for the Metropolitan
Washington D.C. Nonattainment Area (comprised of the District of
Columbia and portions of the State of Maryland and Commonwealth of
Virginia) are not adequate for transportation conformity purposes. As a
result of our finding, the budgets from the Phase II Ozone Attainment
Plans as submitted cannot be used for future conformity determinations
in the Metropolitan Washington D.C. ozone nonattainment area.
DATES: This document is effective November 16, 1999.
FOR FURTHER INFORMATION CONTACT: Paul T. Wentworth, P.E., U.S. EPA,
Region III, 1650 Arch Street, Philadelphia, PA. 19103 at (215) 814-2183
or by e-mail at: wentworth.paul@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,
us'', or ``our'' are used we mean EPA. The word ``budgets'' refers to
the mobile source emission budget for volatile organic compounds (VOCs)
and the mobile source emissions budget for nitrogen oxides (NOx). The
word SIP in this document refers to the State Implementation Plan
revisions submitted to satisfy the attainment demonstration
requirements for the Metropolitan Washington D.C. area, commonly
referred to as the Phase II Attainment SIP.
There are six SIPs submissions associated with the Phase II Ozone
Attainment Plan for the Metropolitan Washington DC ozone nonattainment
area. They contain two motor vehicle emissions budgets, one for NOx and
one for VOC. The six SIPs and their respective submittal dates follow
below:
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State Submittal date
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Maryland portion of the Washington (1) April 29, 1998--Initial
area. Submittal.
(2) August 17, 1998--Supplement.
Virginia portion of the Washington (1) April 29, 1998--Initial
area. Submittal.
(2) August 18, 1998--Supplement.
The District portion of the Washington (1) April 24, 1998--Initial
area. Submittal.
(2) October 27, 1998--
Supplement.
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On March 2, 1999, the D.C. Circuit Court ruled that budgets
contained in submitted SIPs cannot be used for conformity
determinations until EPA has affirmatively found them adequate. In
accordance with that ruling, on August 2, 1999, we posted a notice on
our web site at: http://www.epa.gov/oms/traq stating that we were
taking comments on the adequacy of motor vehicle emissions budget found
in the Phase II Ozone Attainment Plans for the Metropolitan Washington
D.C. Nonattainment Area. The comment period closed on August 31, 1999.
We received no comments.
Today's document is simply an announcement of a finding that we
have already made. On October 26, 1999, EPA Region III sent letters to
the Virginia Department of Environmental Quality, the Maryland
Department of the Environment, and the Washington D.C. Department of
Health, Air Quality Division, stating that the motor vehicle emissions
budgets found in the Phase II Ozone Attainment Plans for the
Metropolitan Washington Nonattainment Area are not adequate for
transportation conformity purposes. The essential information in this
document will also be posted on EPA's conformity website: http://
www.epa.gov/oms/traq (once there, click on the ``Conformity'' button,
then look for ``Adequacy Review of 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 SIPs and establishes the
criteria and procedures for determining whether or not they do so.
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 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 EPA's review to determine if the SIP is approvable. Even if
we find a budget adequate, the SIP could later be disapproved.
We have described our process for determining the adequacy of
submitted SIP budgets in guidance memorandum dated May 14, 1999 and
titled ``Conformity Guidance on Implementation of March 2, 1999
Conformity Court Decision''. We have followed this guidance in making
this adequacy determination for the budgets contained in the Region
Phase II Ozone Attainment Plans for the Metropolitan Washington
Nonattainment Area. You may obtain a copy of this guidance from EPA's
conformity web site: http://www.epa.gov/oms/traq (once there, click on
the ``Conformity'' button) or by calling the contact name listed in
``For Further Information Contact'' section of this document.
Authority: 42 U.S.C. 7401-7671q.
Dated: November 4, 1999.
W. Michael McCabe,
Regional Administrator, Region III.
[FR Doc. 99-29892 Filed 11-15-99; 8:45 am]
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