[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Page 77682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30207]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8755-2]


Delaware; Adequacy Status of the 2008 Reasonable Further Progress 
Plan for the Delaware Portion of the Philadelphia-Wilmington-Atlantic 
City 8-Hour Ozone Nonattainment Area Motor Vehicle Emission Budgets

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy.

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SUMMARY: In this notice, EPA is notifying the public that we have found 
that the Motor Vehicle Emissions Budgets (MVEBs) in the Reasonable 
Further Progress Plan (RFP) submitted as a State Implementation Plan 
(SIP) revision on June 13, 2007 by the Delaware Department of Natural 
Resources and Environmental Control (DNREC), are adequate for 
transportation conformity purposes. As a result of EPA's finding, the 
State of Delaware must use the MVEBs from the June 13, 2007 RFP Plan 
for future conformity determinations for the 8-hour ozone standard.

DATES: These MVEBs are effective January 5, 2009.

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]. The finding is available at EPA's conformity 
Web site: http://www.epa.gov/otaq/stateresources/transconf/currsips.htm.

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 RFP Plans for the Delaware portion of the Philadelphia-Wilmington-
Atlantic City Ozone Nonattainment Area submitted to EPA as SIP 
revisions on June 13, 2007.
    Today's notice is simply an announcement of a finding that EPA has 
already made. In this notice, EPA is notifying the public that we have 
found that the MVEBs in the RFP for 2008, submitted on June 13, 2007 by 
DNREC, are adequate for transportation conformity purposes. As a result 
of EPA's finding, the State of Delaware must use the MVEBs from the 
June 13, 2007 RFP Plan for future conformity determinations for the 8-
hour ozone standard. This finding has also been announced on EPA's 
conformity web site: http://www.epa.gov/otaq/stateresources/transconf/pastsips.htm. The adequate MVEBs are provided in the following table:

            Table 1--Delaware Motor Vehicle Emissions Budgets
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                                                 2008 Reasonable Further
                                                        Progress
              Nonattainment area               -------------------------
                                                 VOC (tpd)    NOX (tpd)
------------------------------------------------------------------------
New Castle County.............................        21.35        10.61
Kent County...................................         9.68         4.14
Sussex County.................................        12.86         7.09
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    Transportation conformity is required by section 176(c) of the 
Clean Air Act, as amended in 1990. EPA's conformity rule requires that 
transportation plans, programs and projects conform to state air 
quality implementation plans, and establishes the criteria and 
procedures for determining whether or not they do. 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 motor vehicle emission 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 it also should not be used to prejudge EPA's ultimate 
approval of the SIP. 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 40 CFR 93.118(f), and have 
followed this rule in making our adequacy determination.

    Dated: December 5, 2008.
William T. Wisniewski,
Acting Regional Administrator, Region III.
 [FR Doc. E8-30207 Filed 12-18-08; 8:45 am]
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