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

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: 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: 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

on May 28, 1998 for Kent and New Castle Counties. You may obtain a copy of this guidance from EPA's conformity web site: 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] BILLING CODE 6560-50-P