[Federal Register Volume 64, Number 220 (Tuesday, November 16, 1999)]
[Notices]
[Pages 62195-62196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29891]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6475-4]


Adequacy Status of Submitted State Implementation Plans for 
Transportation Conformity Purposes: The Phase II Attainment 
Demonstration for the Delaware Portion of the Philadelphia-Wilmington-
Trenton 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 Attainment Demonstration for the Delaware portion of the 
Philadelphia-Wilmington-Trenton Ozone Nonattainment Area are not 
adequate for transportation conformity purposes. This State 
Implemenation Plan (SIP) revision was submitted by the Delaware 
Department of Natural Resources and Environmental Control (DNREC). As a 
result of our finding, these budgets may not be used for future 
conformity determinations in Kent and New Castle Counties, Delaware.

DATES: This document is effective on November 16, 1999.

FOR FURTHER INFORMATION CONTACT: Larry Budney, U.S. EPA, Region III, 
1650 Arch Street, Philadelphia, PA. 19103 at (215) 814-2184 or by e-
mail at: [email protected].

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 Phase II State Implementation 
Plan submitted by DNREC to demonstrate attainment of the 1-hour 
National Ambient Air Quality Standard for ozone.
    On May 28, 1998, DNREC submitted the Phase II Attainment 
Demonstration SIP for its portion of the Philadelphia-Wilmington-
Trenton Ozone Nonattainment Area, namely for Kent and New Castle 
Counties, as a SIP revision. The motor vehicle emission budgets were 
not clearly identified and quantified as required as required in 40 CFR 
part 93, section 93.118(e)(4)(iii) of the federal conformity rule. 
Therefore, these budgets cannot be found adequate and cannot be used 
for conformity determinations.
    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 Attainment Demonstration for the Delaware Portion of 
the Philadelphia-Wilmington-Trenton Ozone 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 a letter to 
DNREC stating that the motor vehicle emissions budgets found in the 
Phase II Attainment Demonstration for the Delaware Portion of the 
Philadelphia-Wilmington-Trenton Ozone Nonattainment Area are not 
adequate. 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 determination for the budgets contained in the Phase II Attainment 
Demonstration for the Delaware Portion of the Philadelphia-Wilmington-
Trenton Ozone Nonattainment Area submitted

[[Page 62196]]

on May 28, 1998 for Kent and New Castle Counties. 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. 99-29891 Filed 11-15-99; 8:45 am]
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