[Federal Register Volume 66, Number 129 (Thursday, July 5, 2001)]
[Notices]
[Pages 35421-35422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16811]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7006-8]


Adequacy Status of Motor Vehicle Budgets in Submitted State 
Implementation Plans for Transportation Conformity Purposes; Maryland; 
Revisions to the Phase II Plan for the Baltimore Ozone Nonattainment 
Area: Revised To Reflect the Benefits of the Tier 2/Sulfur-in-Fuel Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy status.

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SUMMARY: EPA is announcing that the revised motor vehicle emissions 
budgets (budgets) contained in the revised Phase II Plan for the 
Baltimore Ozone Nonattainment Area (the Baltimore area) submitted by 
the Maryland Department of the Environment (MDE) as a State 
Implementation Plan (SIP) revision are adequate for transportation 
conformity purposes. The revised Phase II Plan was submitted to EPA on 
December 28, 2001. These amendments to Maryland's Phase II Plan for the 
Baltimore area include revisions to its budgets to reflect the emission 
reduction benefits associated with the Tier 2 Vehicle Standards/Sulfur-
in Fuel rule. EPA has found the budgets in Maryland's revised Phase II 
Plan for the Baltimore area adequate for transportation conformity 
purposes.

DATES: The findings that the budgets are adequate were made in a letter 
dated June 19, 2001, from EPA Region III to the Maryland Department of 
the Environment. These adequacy findings are effective on July 20, 
2001.

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: [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 revised Phase II Plan for the Baltimore area submitted by MDE to 
EPA on December 28, 2000. The revised Phase II Plan includes the 2005 
attainment demonstration motor vehicle emissions budgets for the 
Baltimore nonattainment area.
    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. By a 
transmittal letter dated December 28, 2000, the MDE formally submitted 
revisions to the Phase II Plan for the Baltimore area. On January 17, 
2001, we posted the availability of the revised Phase II Plan and the 
budgets 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.
    On June 19, 2001, EPA Region III sent a letter to the Maryland 
Department of the Environment which constitutes final Agency action on 
the adequacy of the budgets contained in the revised Phase II SIP. 
Those actions were EPA's findings that the budgets of the revised Phase 
II plan submitted by MDE for the Baltimore area are adequate for 
transportation conformity purposes. As a result of our June 19, 2001 
findings, the attainment budgets for 2005 contained in Maryland's 
December 28, 2000 revised Phase II SIP for the Baltimore nonattainment 
area may be used for future conformity determinations.
    This is an announcement of adequacy findings that we have already 
made on June 19, 2001. The effective date of these findings is July 20, 
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 also contain a detailed analysis of our adequacy findings 
and our responses to the comments submitted during our January 17, 
2001-February 16, 2001 public comment period.
    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 EPA determines whether a SIP's budgets are adequate for 
conformity purposes are found 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 describe our 
process for determining the adequacy of submitted SIP budgets in 
guidance memorandum dated May 14, 1999 and titled

[[Page 35422]]

``Conformity Guidance on Implementation of March 2, 1999 Conformity 
Court Decision''. We followed this guidance in making these adequacy 
findings of the budgets in Maryland's revised Phase II plan. 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: June 22, 2001.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 01-16811 Filed 7-3-01; 8:45 am]
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