[Federal Register Volume 68, Number 234 (Friday, December 5, 2003)]
[Rules and Regulations]
[Pages 67948-67953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30041]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DE072-1042a; FRL-7593-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; MOBILE6-Based Motor Vehicle Emission Budgets for the Delaware 
Portion of the Philadelphia-Wilmington-Trenton 1-Hour Ozone 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
Delaware State Implementation Plan (SIP). Specifically, EPA is 
approving amendments to the 2005 highway (on road) motor vehicle 
emission inventory for the Delaware portion of the Philadelphia-
Wilmington-Trenton area's (the Philadelphia area) 1-hour ozone 
attainment plan as a revision to the Delaware SIP. This revision also 
serves to amend the 2005 motor vehicle emission budgets (MVEBs) used 
for determining transportation conformity under the Clean Air Act. The 
revised MVEBs were developed using MOBILE6, the most recent version of 
EPA's mobile source emission factor model. Revision of the MVEBs was a 
requirement of EPA's prior approval of Delaware's 1-hour ozone 
attainment demonstration plan for the Philadelphia severe ozone 
nonattainment area. The intended effect of this direct final approval 
action is to approve a SIP revision that will assist Delaware in 
attaining and demonstrating conformity with the 1-hour ozone standard. 
This action is being taken by EPA in accordance with the requirements 
of the Clean Air Act.

DATES: This rule is effective on February 3, 2004 without further 
notice, unless EPA receives adverse written comment by January 5, 2004. 
If EPA receives such comments, it will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Comments may be submitted either by mail or electronically. 
Written comments should be mailed to Robert Kramer, Chief, Energy, 
Radiation and Indoor Environment Branch, Mailcode 3AP23, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. Electronic comments should be sent 
either to [email protected] or to

[[Page 67949]]

http://www.regulations.gov, which is an alternative method for 
submitting electronic comments to EPA. To submit comments, please 
follow the detailed instructions described in Part III of the 
SUPPLEMENTARY INFORMATION section. Copies of the documents relevant to 
this action are available for public inspection during normal business 
hours at the Air Protection Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; 
and at the Delaware Department of Natural Resources and Environmental 
Control, 156 South State Street, Dover, Delaware 19901.

FOR FURTHER INFORMATION CONTACT: Larry Budney, (215) 814-2184, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

A. Delaware's SIP-Approved Attainment Demonstration and Mobile Budget

    On October 29, 2001 ( 66 FR 54598), EPA approved Delaware's 1-hour 
ozone attainment demonstration plan for the Philadelphia area. As part 
of that final rule, EPA required that Delaware revise the plan to 
recalculate the 2005 attainment year motor vehicle emission budgets 
(MVEBs) for the Delaware portion of the Philadelphia area (Kent and New 
Castle Counties). The 2005 MVEBs were to be updated using MOBILE6, the 
most recent version of MOBILE, EPA's mobile emission factor model. On 
September 2, 2003, Delaware formally submitted a revision to its 
attainment demonstration plan for the Philadelphia area, consisting of 
updated MOBILE6-based MVEBs for the Delaware portion of the 
Philadelphia area.

B. Background on the MOBILE Emission Factor Model and Related EPA 
Policy

    MOBILE is an EPA emission factor model for estimating pollution 
from on-road motor vehicles. The MOBILE model calculates emissions of 
volatile organic compounds (VOCs), nitrogen oxides (NOX) and 
carbon monoxide (CO) from passenger cars, motorcycles, buses, and 
light-duty and heavy-duty trucks. The model accounts for the emission 
impacts of factors such as changes in vehicle emission standards, 
changes in vehicle populations and activity, and variation in local 
conditions such as temperature, humidity, fuel quality, and air quality 
programs. The MOBILE model, first developed in 1978, has been updated 
several times to reflect changes to motor vehicles and fuel 
composition, to incorporate better understanding of vehicle emissions, 
and to reflect new emissions programs. The MOBILE model is used to 
calculate current and future inventories of motor vehicle emissions at 
the national and local level. These inventories are used to make 
decisions about air pollution policy and programs at the local, state 
and national level. Mobile source emission inventories based on MOBILE 
are used to meet the Federal Clean Air Act's requirements for SIPs and 
transportation conformity. EPA announced the release of the MOBILE6 
version of the MOBILE model on January 29, 2002 (67 FR 4254) as a 
replacement for a MOBILE5 version of the model. In November of 1999, 
EPA issued two memoranda \1\ to articulate its policy regarding states 
that incorporated MOBILE5-based interim Tier 2 standard \2\ benefits 
into their attainment demonstration plans and those plans' associated 
MVEBs. EPA has implemented this policy in all ozone nonattainment areas 
where a state assumed Federal Tier 2 benefits in its attainment 
demonstration plans according to EPA's April 2000 MOBILE5 guidance, 
``MOBILE5 Information Sheet 8: Tier 2 Benefits Using 
MOBILE5.'' States whose approved attainment demonstrations or 
maintenance plans include interim MOBILE5-based estimates of the Tier 2 
standards were required to update and resubmit the MVEBs of those plans 
after the final release of MOBILE6. EPA's October 29, 2001 (66 FR 
54598) approval of Delaware's 1-hour ozone attainment demonstration 
plan for the Philadelphia area was based upon interim mobile emission 
budgets, with projected reductions from Tier 2 motor vehicle standards 
estimated using the MOBILE5 model. EPA's October 29, 2001 approval of 
Delaware's 1-hour ozone attainment demonstration for the Philadelphia 
area required a MOBILE6-based motor vehicle emission budget SIP 
revision.
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    \1\ Memoranda, ``Guidance on Motor Vehicle Emissions Budgets in 
1-Hour Ozone Attainment Demonstrations,'' issued November 3, 1999, 
and ``1-Hour Ozone Attainment Demonstrations and Tier2/Sulfur 
Rulemaking,'' issued November 8, 1999. Copies of these memoranda can 
be found on EPA's Web site at http://www.epa.gov/otaq/transp/traqconf.htm.
    \2\ The final rule on Tier 2 Motor Vehicle Emissions Standards 
and Gasoline Sulfur Control Requirements (``Tier 2 standards'') for 
passenger cars, light trucks, and larger passenger vehicles was 
published on February 10, 2000 (65 FR 6698).
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II. Summary of Delaware's SIP Revision and EPA's Review

A. MOBILE6-Based Highway Mobile Source Emission Inventories

    On September 2, 2003, the Delaware Department of Natural Resources 
and Environmental Control (DNREC) submitted an SIP revision to its 
approved attainment plan for the Philadelphia area. The revision 
consists of updated inventories of emissions calculated using the 
MOBILE6 emission factor model of the ozone precursors VOC and 
NOX from highway mobile sources operating in the Delaware 
portion (Kent and New Castle Counties) of the Philadelphia area. These 
inventories were generated for summertime periods in 1990, and for 
2005, the year the Philadelphia area is to attain the 1-hour ozone 
standard. The MOBILE6-based highway emission inventory projections for 
VOCs and NOX for 2005 also serve as the attainment plan's 
MVEBs for transportation conformity planning.
    The SIP revision is intended to demonstrate that the updated 
MOBILE6-based projections of motor vehicle emissions continue to 
support the demonstration of attainment of the 1-hour ozone NAAQS for 
the Philadelphia area by 2005. Table 1 is presented to compare 
Delaware's revised MOBILE6-based motor vehicle emissions inventories 
with the previously approved MOBILE5-based inventories, by pollutant, 
expressed in units of tons per summer day (tpd). The MOBILE6-based 
inventories were developed using the latest available planning 
assumptions, including 2002 data from Delaware's Department of 
Transportation for vehicle registration, vehicle miles traveled (VMT) 
and speeds.

[[Page 67950]]



  Table 1.--Comparison of the MOBILE5 and MOBILE6-Based Highway Mobile Emissions for the Delaware Portion of the Philadelphia-Wilmington-Trenton 1-Hour
                                                                  Ozone Attainment Plan
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                                                                        Kent County              New Castle County                Two-county totals
                                                               ----------------------------------------------------------------------------------------------
                                                                     VOC           NOX           VOC           NOX           VOC           NOX      VOC
-------------------------------------------------------------------------------------------------------------------------------------------------- ----------
                                                           MOBILE6-Based Estimates (tpd)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1990 Base Year................................................         11.84          9.24         42.16         31.03         54.00         40.27
2005 Attainment Year..........................................          5.14          8.42         15.08         21.28         20.22         29.70
Percent Reduction.............................................         56.6           8.9          64.2          31.4          62.6          26.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           MOBILE5-Based Estimates (tpd)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1990 Base Year................................................         12.89         10.62         34.07         27.04         46.96         37.66
2005 Attainment Year..........................................          4.84          7.90         14.76         22.92         19.60         30.83
Percent Reduction.............................................         62.5          25.6          56.7          15.2          58.3          18.1
--------------------------------------------------------------------------------------------------------------------------------------------------------

    EPA's articulated its policy regarding the use of MOBILE6 modeling 
for purposes of SIP development in guidance documents entitled ``Policy 
Guidance on the Use of MOBILE6 for SIP Development and Transportation 
Conformity'' \3\ and ``Clarification of Policy Guidance for MOBILE6 in 
Mid-course Review Areas.'' \4\
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    \3\ Memorandum, ``Policy Guidance on the Use of MOBILE6 for SIP 
development and Transportation Conformity,'' issued January 18, 
2002. A copy of this memorandum can be found on EPA's Web site at 
http://www.epa.gov/otaq/transp/traqconf.htm.
    \4\ Memorandum, ``Clarification of Policy Guidance for MOBILE6 
SIPs in Mid-course Review Areas,'' issued February 12, 2003. A copy 
of this memorandum can be found on EPA's Web site at http://www.epa.gov/otaq/transp/traqconf.htm.
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    Delaware's September 2, 2003 SIP revision submittal includes an 
explanation of the differences between the MOBILE5 and MOBILE6-based 
inventories. The submittal also provides a comparison of the relative 
reduction, by percentage, between the 1990 and 2005 inventories 
generated using the two different versions of the model to ensure that 
the approved Philadelphia area 1-hour ozone attainment demonstration 
will continue to demonstrate attainment by 2005. The methodology for 
this relative reduction comparison consists of comparing the revised 
MOBILE6 baseline and attainment case inventories, by pollutant, with 
the previously approved MOBILE5 inventory totals for the Delaware 
portion of Philadelphia area to determine if attainment can still be 
predicted by the attainment date. Delaware then compared these relative 
reduction percentages for the MOBILE5 versus MOBILE6 inventories for 
1990 and 2005. As indicated in Table 1, the State's relative reduction 
comparison for the two-county Delaware portion of the Philadelphia area 
shows that the reductions in NOX and VOC emissions, on a 
percentage basis, are greater in the revised MOBILE 6-based inventories 
than in the previously approved MOBILE5-based inventories. It should be 
noted that because the latest available planning assumptions (e.g., 
2002 data for vehicle registration, vehicle miles traveled (VMT) and 
speeds) were also used in the revised MOBILE6-based modeling, this 
relative reduction comparison is not a strict comparison of the 
differences resulting solely from the use of the MOBILE6 versus MOBILE5 
version of the MOBILE model.
    EPA's relevant policy guidance also requires Delaware to consider 
whether growth and control strategy assumptions for other sources (i.e, 
point, area, and non-road mobile sources) were still accurate at the 
time of the revised MOBILE6-based MVEBs were developed for submittal as 
a SIP revision to the Philadelphia area attainment plan. Delaware's 
September 2, 2003 SIP submittal indicates that the overall emissions of 
VOC and/or NOX in the 1996 and 1999 periodic emissions 
inventories are below the rate-of-progress emission targets for those 
two milestone years, and concludes that the assumptions for growth and 
control strategies continue to be valid for the Delaware portion of the 
Philadelphia area. EPA finds that Delaware's September 2, 2003 SIP 
revision satisfies the conditions outlined in EPA's MOBILE6 policy 
guidance, and demonstrates that the new levels of motor vehicle 
emissions calculated using MOBILE6 continue to support achievement of 
the projected attainment of the 1-hour ozone standard by the attainment 
date of 2005 for the Delaware portion of the Philadelphia area.

B. MOBILE6-Based Motor Vehicle Emission Budgets (MVEBs)

    As previously stated, the on-road components of VOC and 
NOX emissions of the 2005 attainment plan emission 
inventories are the 2005 MVEBs for the Philadelphia area. Those MVEBs 
for the Delaware portion of the Philadelphia area are summarized in 
Table 2. As indicated in Delaware's September 2, 2003 submittal, these 
budgets were developed using the latest planning assumptions, including 
2002 vehicle registration, speed and vehicle miles traveled (VMT) data. 
Because Delaware's September 2, 2003 submittal satisfies the conditions 
outlined in EPA's MOBILE6 policy guidance and demonstrates that the new 
levels of motor vehicle emissions calculated using MOBILE6 continue to 
support achievement of the projected attainment of the 1-hour ozone 
standard, EPA is approving these MVEBs.

Table 2.--MOBILE6-Based Motor Vehicle Emission Budgets (MVEBs) for the Delaware Portion of the 1-Hour Attainment
                         Demonstration Plan for the Philadelphia-Wilmington-Trenton Area
----------------------------------------------------------------------------------------------------------------
                                                            Kent County                  New Castle County
              2005 Attainment year               ---------------------------------------------------------------
                                                        VOC             NOX             VOC             NOX
----------------------------------------------------------------------------------------------------------------
Emission Budgets (tpd)..........................            5.14            8.42           15.08           21.28
----------------------------------------------------------------------------------------------------------------


[[Page 67951]]

III. Final Action

    EPA is approving Delaware's September 2, 2003 SIP revision 
submittal which updates the 1990 and 2005 highway mobile VOC and 
NOX emissions inventories and the 2005 MVEBs of the 
Philadelphia area attainment plan to reflect the use of MOBILE6. This 
SIP revision fulfills the requirement of EPA's October 29, 2001 ( 66 FR 
54598) approval of Delaware's 1-hour attainment demonstration plan for 
the Philadelphia area that the 2005 highway mobile emissions inventory 
and, therefore, the 2005 MVEBs of the plan be updated after the release 
of MOBILE6. EPA is publishing this rule without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comment. However, in the ``Proposed Rules'' section of 
today's Federal Register, EPA is also publishing a separate document 
that will serve as the proposal to approve this SIP revision if adverse 
comments are filed. This rule will be effective on February 3, 2004 
without further notice unless EPA receives adverse comment by January 
5, 2004. If EPA receives adverse comment, EPA will publish a timely 
withdrawal of this action in the Federal Register informing the public 
that the rule will not take effect. EPA will address public comments in 
a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.
    You may submit comments either electronically or by mail. To ensure 
proper receipt by EPA, identify the appropriate rulemaking 
identification number (DE072-1042) in the subject line on the first 
page of your comment. Please ensure that your comments are submitted 
within the specified comment period. Comments received after the close 
of the comment period will be marked ``late.'' EPA is not required to 
consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD-ROM you submit, and in any cover letter accompanying 
the disk or CD-ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to: 
[email protected], attention DE072-1042. EPA's e-mail system is not 
an ``anonymous access'' system. If you send an e-mail comment directly 
without going through Regulations.gov, EPA's e-mail system 
automatically captures your e-mail address. E-mail addresses that are 
automatically captured by EPA's e-mail system are included as part of 
the comment that is placed in the official public docket.
    ii. Regulations.gov. Your use of Regulation.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov, then select ``Environmental Protection Agency'' at 
the top of the page and use the ``go'' button. The list of current EPA 
actions available for comment will be listed. Please follow the online 
instructions for submitting comments. The system is an ``anonymous 
access'' system, which means EPA will not know your identity, e-mail 
address, or other contact information unless you provide it in the body 
of your comment.
    iii. Disk or CD-ROM. You may submit comments on a disk or CD-ROM 
that you mail to the mailing address identified in the ADDRESSES 
section of this document. These electronic submissions will be accepted 
in WordPerfect, Word or ASCII file format. Avoid the use of special 
characters and any form of encryption.
    2. By Mail. Written comments should be addressed to the EPA 
Regional office listed in the ADDRESSES section of this document. For 
public commenters, it is important to note that EPA's policy is that 
public comments, whether submitted electronically or in paper, will be 
made available for public viewing at the EPA Regional Office, as EPA 
receives them and without change, unless the comment contains 
copyrighted material, confidential business information (CBI), or other 
information whose disclosure is restricted by statute. When EPA 
identifies a comment containing copyrighted material, EPA will provide 
a reference to that material in the version of the comment that is 
placed in the official public rulemaking file. The entire printed 
comment, including the copyrighted material, will be available at the 
Regional Office for public inspection.

Submittal of CBI Comments

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD-ROM, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR Part 
2. In addition to one complete version of the comment that includes any 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
official public regional rulemaking file. If you submit the copy that 
does not contain CBI on disk or CD-ROM, mark the outside of the disk or 
CD-ROM clearly that it does not contain CBI. Information not marked as 
CBI will be included in the public file and available for public 
inspection without prior notice. If you have any questions about CBI or 
the procedures for claiming CBI, please consult the person identified 
in the FOR FURTHER INFORMATION CONTACT section.

Considerations When Preparing Comments to EPA

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate 
regional file/rulemaking identification number in the subject line on 
the first page of your

[[Page 67952]]

response. It would also be helpful if you provided the name, date, and 
Federal Register citation related to your comments.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not 
have tribal implications because it will not have a substantial direct 
effect on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes, 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
This action also does not have federalism implications because it does 
not have substantial direct effects on the states, on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 
This action merely approves a state rule implementing a federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This rule 
also is not subject to Executive Order 13045 ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 
23, 1997), because it is not economically significant. In reviewing SIP 
submissions, EPA's role is to approve state choices, provided that they 
meet the criteria of the Clean Air Act. In this context, in the absence 
of a prior existing requirement for the State to use voluntary 
consensus standards (VCS), EPA has no authority to disapprove a SIP 
submission for failure to use VCS. It would thus be inconsistent with 
applicable law for EPA, when it reviews a SIP submission, to use VCS in 
place of a SIP submission that otherwise satisfies the provisions of 
the Clean Air Act. Thus, the requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) do not apply. This rule does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by February 3, 2004. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action.
    This action approving Delaware's updates to the 1990 and 2005 
highway mobile VOC and NOX emissions inventories and the 
2005 MVEBs of its 1-hour ozone attainment demonstration plan for the 
Philadelphia area to reflect the use of MOBILE6 may not be challenged 
later in proceedings to enforce its requirements. (See section 
307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Ozone, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: November 20, 2003.
Thomas Voltaggio,
Acting Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart I--Delaware

0
2. Section 52.426 is amended by:
0
a. Removing and reserving paragraph (c)(2);
0
b. Revising paragraph (d);
0
c. Adding paragraph (e).
    The revision and addition read as follows:


Sec.  52.426  Control strategy plans for attainment and rate-of-
progress: ozone.

* * * * *
    (c) * * *
    (2) [Reserved]
* * * * *
    (d) EPA is approving the following mobile budgets, explicitly 
quantified as sub-budgets for each of Kent and New Castle Counties, of 
the Post 1996 ROP Plans and the 1-Hour Ozone Attainment Demonstration 
Plan:

          Transportation Conformity Emission Budgets for the Delaware Portion of the Philadelphia Area
----------------------------------------------------------------------------------------------------------------
                                                    Kent County        New Castle County     Effective date of
                                              --------------------------------------------        adequacy
   Type of control strategy SIP        Year                                                 determination or SIP
                                                  VOC        NOX        VOC        NOX            approval
----------------------------------------------------------------------------------------------------------------
Post-1996 ROP Plan................       1999       7.55      11.17      22.49      29.41  April 29, 1999, (64
                                                                                            FR 31217, published
                                                                                            June 10, 1999).
Post-1996 ROP Plan................       2002       6.30       9.81      18.44      27.29  June 23, 2000, (65 FR
                                                                                            36440, published
                                                                                            June 8, 2000).

[[Page 67953]]

 
Post-1996 ROP Plan................       2005       4.84       7.90      14.76      22.92  May 2, 2001, (66 FR
                                                                                            19769, published
                                                                                            April 17, 2001).
Attainment Demonstration..........       2005       5.14       8.42      15.08      21.28  SIP approval on
                                                                                            December 5, 2003;
                                                                                            Effective on
                                                                                            February 3, 2004.
----------------------------------------------------------------------------------------------------------------

    (1)(2) [Reserved]
    (e) EPA approves Delaware's revised 2005 VOC and NOX 
motor vehicle emission budgets for the 1-hour ozone attainment plan for 
the Delaware portion of the Philadelphia-Wilmington-Trenton severe 
ozone nonattainment area as a SIP revision. The revisions were 
submitted by the Delaware Department of Natural Resources and 
Environmental Control on September 2, 2003. Submittal of these revised 
MOBILE6-based motor vehicle emissions budgets was a requirement of 
EPA's approval of the attainment demonstration under paragraph (c) of 
this section.

[FR Doc. 03-30041 Filed 12-4-03; 8:45 am]
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