[Federal Register Volume 66, Number 74 (Tuesday, April 17, 2001)]
[Notices]
[Pages 19769-19770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9484]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6965-9]


Adequacy Status of Motor Vehicle Budgets in Submitted State 
Implementation Plans for Transportation Conformity Purposes; Delaware; 
ROP Plans for Delaware Portion of the Philadelphia-Wilmington-Trenton 
Ozone Nonattainment Area (Kent and New Castle Counties)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy status.

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SUMMARY: EPA is announcing that the motor vehicle emissions budgets 
(budgets) for Kent County and for New Castle County contained in the 
revised 2002 Rate of Progress Plan (ROP) and in the 2005 ROP Plan are 
adequate for transportation conformity purposes. These ROP plans were 
submitted to EPA by the Delaware Department of Natural Resources and 
Environmental Control (DNREC) as State Implementation Plan (SIP) 
revisions on December 22, 2000. EPA has found the ROP plans' budgets 
for these two counties, which comprise the Delaware portion of the 
Philadelphia-Wilmington-Trenton Ozone Nonattainment Area, are adequate 
for transportation conformity purposes.

DATES: The findings that the budgets are adequate were made in a letter 
dated April 5, 2001 from EPA Region III to the DNREC . These adequacy 
findings are effective on May 2, 2001.

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: [email protected].

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 ROP Plans for the Delaware portion of the Philadelphia-Wilmington-
Trenton Ozone Nonattainment Area submitted to EPA as SIP revisions on 
December 22, 2000.
    On March 2, 1999, the DC Circuit Court ruled that budgets contained 
in submitted SIPs cannot be used for conformity determinations until 
EPA has affirmatively found them adequate. On December 22, 2000, the 
Delaware DNREC formally submitted SIP revisions to EPA consisting of a 
revised 2002 ROP Plan and the 2005 ROP Plan for the Delaware portion of 
the Philadelphia-Wilmington-Trenton Ozone Nonattainment Area (Kent and 
New Castle Counties). On January 17, 2001, we posted the availability 
of the ROP plans and the budgets for these two counties on our 
conformity website for the purpose of soliciting public comment on the 
adequacy of the budgets. The comment period closed on February 16, 
2001. We did not receive any comments.
    On April 5, 2001, EPA Region III sent a letter to DNREC which 
constituted final Agency actions on the adequacy of the budgets 
contained in the revised 2002 and the 2005 ROP plans submitted by DNREC 
for Kent and New Castle Counties. Those actions were EPA's findings 
that the ROP plans' budgets for Kent County and for New Castle County 
are adequate for transportation conformity purposes. As a result of our 
April 5, 2001 findings, the revised 2002 ROP plan budgets and the 2005 
ROP plan budgets contained in Delaware's December 22, 2000 SIP 
submittals for Kent County and for New Castle County (the Delaware 
Portion of the Philadelphia-Wilmington-Trenton Ozone Nonattainment 
Area) may be used for future conformity determinations.
    This is an announcement of adequacy findings that we already made 
on April 6, 2001. The effective date of these findings is May 2, 2001. 
These findings will also be announced on EPA's website: http://www.epa.gov/oms/traq (once there, click on the ``Conformity'' button, 
then look for ``Adequacy Review of Submissions for Conformity''). The 
website 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

[[Page 19770]]

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 SIP's 
budgets are adequate for conformity purposes are outlined in 40 CFR 
93.118 (e)(4).
    Please note that an adequacy finding for budgets contained in a SIP 
is separate from EPA's completeness determination of the SIP 
submission, and separate from EPA's action to approve or disapprove the 
SIP. Even if we find budgets adequate, the SIP could later be 
disapproved. We describe 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 followed this guidance in making these 
adequacy findings of the budgets in the Delaware Rate of Progress Plans 
submitted on December 22, 2000. 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 notice.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: April 6, 2001.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 01-9484 Filed 4-16-01; 8:45 am]
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