[Federal Register Volume 69, Number 189 (Thursday, September 30, 2004)]
[Notices]
[Pages 58433-58434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21929]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-7822-2]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of withdrawal of adequacy.

-----------------------------------------------------------------------

SUMMARY: EPA is announcing that it has withdrawn its June 22, 2000 
adequacy finding on the 2015 and 2020 outyear motor vehicle emission 
budgets (MVEBs) for the Metropolitan Washington DC area. EPA has 
withdrawn the June 22, 2000 adequacy finding because the District of 
Columbia (DC), State of Maryland (MD), and the Commonwealth of Virginia 
(VA), collectively referred to as the three jurisdictions, withdrew the 
state implementation plan (SIP) submissions containing those MVEBs. 
Those SIP revisions are no longer pending before EPA. On August 26, 
2004, EPA sent letters to the three jurisdictions withdrawing the June 
22, 2000 adequacy finding of the 2015 and 2020 outyear MVEBs. EPA's 
withdrawal of its June 22, 2000 adequacy finding means that the 2015 
and 2020 outyear MVEBs are no longer available for transportation 
conformity purposes. This withdrawal of the June 22, 2000 adequacy 
finding has no effect whatsoever on EPA's more recent adequacy finding 
of December 9, 2003, which declared the MVEBs of the three 
jurisdictions' 2005 Rate of Progress Plan and 2005 revised Attainment 
Demonstration Plan submissions adequate for conformity purposes. That 
December 9, 2003 adequacy finding stands and the MVEBs of the 2005 Rate 
of Progress Plan and 2005 revised Attainment Demonstration Plan remain 
available for transportation conformity determinations.

DATES: EPA's withdrawal of the June 22, 2000 adequacy finding was made 
in letters dated August 26, 2004 from EPA Region III to the three 
jurisdictions. This August 26, 2004 withdrawal of the June 22, 2000 
adequacy finding is effective on October 15, 2004.

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].

[[Page 58434]]


SUPPLEMENTARY INFORMATION: Throughout this document the term ``MVEBs'' 
refers to the motor vehicle emission budgets for volatile organic 
compounds (VOCs) and nitrogen oxides (NOX). The term ``the 
three jurisdictions'' refers collectively to the District of Columbia, 
the State of Maryland, and the Commonwealth of Virginia. The word 
``SIP'' in this document refers to the revised attainment plan for the 
Metropolitan Washington DC area submitted to EPA as SIP revisions by 
the Commonwealth of Virginia, the District of Columbia, and State of 
Maryland on March 22, 2000, March 22, 2000, and March 31, 2000, 
respectively. These SIP revision submittals identified outyear MVEBs 
for 2015 and 2020.

I. Background

    The State of Maryland, the Commonwealth of Virginia, and District 
of Columbia by letters dated March 2, 2004, March 10, 2004, and March 
10, 2004, respectively, withdrew the previously submitted SIPs listed 
in the table below:

------------------------------------------------------------------------
                                                        Original SIP
           State                   SIP title           submission date
------------------------------------------------------------------------
Maryland...................  State Implementation   March 31, 2000.
                              Plan (SIP) Revision
                              Phase II Attainment
                              Plan for the DC-MD-
                              VA Nonattainment
                              Area Establishing
                              Outyear Mobile
                              Emissions Budgets
                              for Transportation
                              Conformity.
Virginia...................  Plan amendment which   March 22, 2000.
                              establishes motor
                              vehicle emissions
                              budgets for 2015 and
                              2020 consistent with
                              the Phase II Ozone
                              Attainment Plan.
Washington, DC.............  Proposed Revision to   March 22, 2000.
                              State Implementation
                              Plan (SIP) Revision,
                              Phase II Attainment
                              Plan for the DC-MD-
                              VA Nonattainment
                              Area Establishing
                              Out-year Mobile
                              Emissions Budgets
                              for Transportation
                              Conformity.
------------------------------------------------------------------------

    These SIP withdrawals by the three jurisdictions were effective on 
April 30, 2004. The withdrawn SIP submissions had proposed new MVEBs 
for the outyears 2015 and 2020. In letters dated June 22, 2000 from 
Judith Katz, Air Director, EPA, Region III to the three jurisdictions, 
EPA had found these MVEBs adequate for transportation conformity 
purposes. That June 22, 2000 adequacy finding was announced in the 
Federal Register on July 3, 2000 (65 FR 41067). It is important to note 
that while EPA had made an adequacy finding for these budgets, they 
were never approved as SIP revisions by EPA. Hence, there is no SIP 
rulemaking required to be withdrawn by EPA in regard to these outyear 
MVEBs.
    Because the MVEBs EPA found adequate on June 22, 2000 were 
contained in the SIP submissions that have been withdrawn by the three 
jurisdictions, those MVEBs can no longer be considered adequate for 
transportation conformity purposes. EPA, therefore, sent letters on 
August 26, 2004 to the three jurisdictions withdrawing the June 22, 
2000 adequacy finding. EPA has withdrawn its June 22, 2000 adequacy 
finding without prior notice and comment because adequacy findings are 
not considered rulemakings subject to the procedural requirements of 
the Administrative Procedures Act. In addition, EPA does not believe 
notice through EPA's conformity website is necessary in advance because 
the withdrawn SIPs are no longer pending before EPA for consideration. 
Consequently, further public comment would be unnecessary and not in 
the public interest. By sending the August 26, 2004 letters to the 
three jurisdictions, EPA has also withdrawn all statements and comments 
previously made regarding its June 22, 2000 adequacy finding of the 
MVEBs budgets for transportation conformity purposes.
    This is an announcement of EPA's withdrawal of its June 22, 2000 
adequacy finding. As previously explained, EPA withdrew this adequacy 
finding in letters dated August 26, 2004 from Judith M. Katz, Director, 
Air Protection Division, EPA Region III to the three jurisdictions. The 
effective date of this withdrawal is October 15, 2004. This 
announcement will also be made on EPA's Web site: http://www.epa.gov/otaq/transp.htm (once there, click on the ``Conformity'' button).

    Dated: September 21, 2004.
Thomas Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 04-21929 Filed 9-29-04; 8:45 am]
BILLING CODE 6560-50-P