[Federal Register: December 16, 2003 (Volume 68, Number 241)]
[Notices]               
[Page 70012]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de03-41]                         


[[Page 70012]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7599-5]

 
Adequacy Status of Motor Vehicle Budgets in Submitted State 
Implementation Plan for Transportation Conformity Purposes; Washington, 
DC Metropolitan Area (DC-MD-VA)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy status.

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SUMMARY: EPA is announcing that the motor vehicle emission budgets (the 
budgets) for the Metropolitan Washington, DC One-Hour Ozone 
Nonattainment Area (the Washington, DC area) identified in the revised 
2005 Attainment Demonstration Plan (attainment plan) and the 2005 Rate 
of Progress (ROP) plan are adequate for transportation conformity 
purposes. This attainment plan was submitted to EPA by the Commonwealth 
of Virginia, the State of Maryland and the District of Columbia as 
State Implementation Plan (SIP) revisions on August 19, 2003, September 
2, 2003, and September 5, 2003, respectively. These SIP revision 
submittals included ROP plans for 2002 and 2005 which also identified 
motor vehicle emissions budgets. EPA has made findings of adequacy for 
the budgets of the attainment plan and the 2005 ROP plan for 
transportation conformity purposes. EPA has taken no action on the 
budgets identified in the 2002 ROP plan.

DATES: The findings that the budgets identified in the attainment plan 
and 2005 ROP plan are adequate were made in letters dated December 9, 
2003 from EPA Region III to the three jurisdictions (DC-MD-VA). These 
adequacy findings are effective on December 31, 2003.

FOR FURTHER INFORMATION CONTACT: Martin Kotsch, U.S. EPA, Region III, 
1650 Arch Street, Philadelphia, PA 19103 at (215) 814-3335 or by e-mail at kotsch.martin@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' `` us,'' or 
``our'' refer to EPA. The word ``budgets'' refers to the motor vehicle 
emission budgets for volatile organic compounds (VOCs) and nitrogen 
oxides (NOX). The word ``SIP'' in this document refers to 
the revised 2005 attainment plan for the Washington, DC area submitted 
to EPA as a SIP revision by the Commonwealth of Virginia, the State of 
Maryland and the District of Columbia on August 19, 2003, September 2, 
2003 and September 5, 2003, respectively. These SIP revision submittals 
also included ROP plans for 2002 and 2005 which identified motor 
vehicle emissions budgets.
    On March 2, 1999, the DC Circuit Court ruled that motor vehicle 
emission budgets contained in submitted SIPs cannot be used for 
conformity determinations until EPA has affirmatively found them 
adequate.
    The Commonwealth of Virginia, the State of Maryland and the 
District of Columbia formally submitted identical SIP revisions to EPA 
on August 19, 2003, September 2, 2003 and September 5, 2003, 
respectively, consisting of a revised 2005 attainment plan and initial 
2002 and 2005 Rate ROP plans for the Washington, DC area. On September 
10, 2003, we posted the availability of the plans and their identified 
budgets on our conformity Web site for the purpose of soliciting public 
comment on the adequacy of the budgets. EPA's public comment period 
closed on October 10, 2003. We received comments from the Sierra Club.
    On December 9, 2003, EPA Region III sent a letter to each of the 
three jurisdictions (DC-MD-VA) that constituted final Agency action on 
the adequacy of the motor vehicle emission budgets contained in the 
revised attainment plan and in the 2005 ROP plan. That action was EPA's 
finding that the budgets identified in the revised attainment plan and 
2005 ROP plan for the Washington, DC area are adequate for 
transportation conformity purposes. As a result of our December 9, 2003 
findings, the budgets contained in the revised 2005 attainment plan and 
the 2005 ROP plan for the Washington, DC area may be used for future 
conformity determinations. The 2002 ROP plan submitted as part of the 
SIP revision by the three jurisdictions showed a shortfall in the level 
of VOC emissions reductions required to demonstrate ROP. EPA has taken 
no action with regard to the adequacy of the budgets identified in the 
2002 ROP plan because we understand that the states are revising that 
2002 ROP plan to reflect that there is, in fact, no VOC shortfall for 
the 2002 milestone year. EPA has, therefore, made findings of adequacy 
only for the budgets identified in the revised attainment plan and the 
budgets identified in the 2005 ROP plan. These budgets will be needed 
for conformity and transportation planning.
    This is an announcement of adequacy findings that we made on 
December 9, 2003. The effective date of these findings is December 31, 
2003. These findings will also be announced on EPA's Web site: http://www.epa.gov/otaq/transp.htm
 (once there, click on the ``Conformity'' 
button). The Web site will contain a detailed analysis of our adequacy 
findings.
    Transportation conformity is required by section 176 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) through (5).
    Please note that these adequacy findings for the budgets identified 
in the revised attainment plan and 2005 ROP plan are separate from 
EPA's completeness determination of the revised SIP submission, and 
separate from EPA's action to approve or disapprove the revised SIP. 
Even though we have found the motor vehicle emission budgets of the 
Washington, DC area's revised 2005 attainment plan and 2005 ROP plan 
adequate, and they are replacing the previously approved budgets, those 
motor vehicle emission budgets contained in the revised attainment plan 
and 2005 ROP plan still have to be approved or disapproved.

    Dated: December 9, 2003.
Thomas Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 03-31005 Filed 12-15-03; 8:45 am]

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