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
[Federal Register: September 30, 2004 (Volume 69, Number 189)]
[Notices]
[Page 58433-58434]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30se04-82]
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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.
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SUMMARY: EPA is announcing that it has withdrawn its June 22, 2000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withdrawn the June 22, 2000 adequacy finding because the District of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 kotsch.martin@epa.gov.
[[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
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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]
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