[Federal Register Volume 75, Number 10 (Friday, January 15, 2010)]
[Proposed Rules]
[Pages 2452-2457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-745]



[[Page 2452]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0712; FRL-9103-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Reasonable Further Progress Plan, 2002 Base Year Inventory, 
Reasonably Available Control Measures, Contingency Measures, and 
Transportation Conformity Budgets for the Delaware Portion of the 
Philadelphia 1997 8-Hour Ozone Moderate Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a revision to the Delaware State 
Implementation Plan (SIP) to meet the reasonable further progress (RFP) 
requirements of the Clean Air Act (CAA) for the Delaware portion of the 
Philadelphia 1997 8-hour ozone moderate nonattainment area. EPA is also 
proposing to approve the RFP motor vehicle emissions budgets (MVEBs), 
the 2002 base year emissions inventory, contingency measures, and the 
reasonably available control measure (RACM) analysis associated with 
this revision. EPA is proposing to approve the SIP revision because it 
satisfies RFP, emissions inventory, contingency measures, RFP 
transportation conformity, and RACM requirements for the 1997 8-hour 
ozone national ambient air quality standard (NAAQS) nonattainment areas 
classified as moderate and demonstrates further progress in reducing 
ozone precursors. EPA is proposing to approve the SIP revision pursuant 
to section 110 and part D of the CAA and EPA's regulations.

DATES: Written comments must be received on or before February 16, 
2010.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0712 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: [email protected].
    C. Mail: EPA-R03-OAR-2009-0712, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2009-0712. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. 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. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy during normal business hours at the 
Air Protection Division, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the 
State submittal are available at the Delaware Department of Natural 
Resources & Environmental Control, 89 Kings Highway, P.O. Box 1401, 
Dover, Delaware 19901.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    The following is provided to aid in locating information in this 
document.

I. What Action Is EPA Taking?
II. What Is the Background of This Action?
III. What Is EPA's Evaluation of the Revision?
IV. What Are EPA's Conclusions?
V. What Are Statutory and Executive Order Reviews?

I. What Action Is EPA Taking?

    EPA is proposing to approve a revision to the Delaware SIP 
submitted by the Delaware Department of Natural Resources and 
Environmental Control (DNREC) on June 13, 2007, to meet the emissions 
inventory and RFP requirements of the CAA for the Delaware portion of 
the Philadelphia 1997 8-hour ozone moderate nonattainment area. EPA is 
proposing to approve the 2002 base year emissions inventory, the 15 
percent RFP plan, the RFP 2008 MVEBs, contingency measures, and RACM 
analysis. The RFP plan demonstrates that emissions will be reduced 15 
percent for the period of 2002 through 2008. The volatile organic 
compound (VOC) MVEBs is 21.84 tons per day (tpd) and the nitrogen 
oxides (NOx) MVEBs is 43.89 tpd. EPA is proposing to approve the SIP 
revision pursuant to section 110 and part D of the CAA and EPA 
regulations.

II. What Is the Background for This Action?

    In 1997, EPA revised the health-based NAAQS for ozone, setting it 
at 0.08 parts per million (ppm) averaged over an 8-hour time frame. EPA 
set the 8-hour ozone standard based on scientific evidence 
demonstrating that ozone causes adverse health effects at lower ozone 
concentrations and over longer periods of time, than was understood 
when the pre-existing 1-hour ozone standard was set. EPA determined 
that the 8-hour standard would be more protective of human health, 
especially children and adults who are active outdoors, and individuals 
with a pre-existing respiratory disease, such as asthma.
    On April 30, 2004 (69 FR 23951), EPA finalized its attainment/
nonattainment designations for areas across the country with respect to 
the 8-hour ozone standard. These actions became effective on June 15, 
2004. Among those nonattainment areas is the Philadelphia-Wilmington-
Atlantic City (PA-NJ-MD-DE) moderate nonattainment area

[[Page 2453]]

(NAA). This NAA includes the three counties in Delaware, five counties 
in eastern Pennsylvania, one county in Maryland and eight counties in 
southern New Jersey.
    These designations triggered the CAA's section 110(a)(1) 
requirement that States must submit attainment demonstrations for their 
nonattainment areas to EPA by no later than three years after the 
promulgation of a NAAQS. Accordingly, EPA's Phase 1 8-hour ozone 
implementation rule (Phase 1 rule), published on April 30, 2004 (69 FR 
23951) specifies that States must submit attainment demonstrations for 
their nonattainment areas to EPA by no later than three years from the 
effective date of designation, that is, by June 15, 2007.
    Pursuant to the Phase 1 rule, an area was classified under subpart 
2 of the CAA based on its 8-hour design value if that area had a 1-hour 
design value at or above 0.121 ppm (the lowest 1-hour design value in 
Table 1 of subpart 2). Based on this criterion, Delaware, as part of 
the Philadelphia nonattainment area was classified under subpart 2 as a 
moderate nonattainment area. On November 29, 2005 (70 FR 71612), as 
revised on June 7, 2007 (72 FR 31727), EPA published the Phase 2 final 
rule for implementation of the 8-hour standard (Phase 2 rule) that 
addressed the RFP control and planning obligations as they apply to 
areas designated nonattainment for the 1997 8-hour ozone NAAQS. The 
Phase 1 and 2 rules outline the SIP requirements and deadlines for 
various requirements in areas designated as moderate nonattainment. For 
such areas, reasonably available control technology (RACT) plans were 
due by September 2006 (40 CFR 51.912(a)(2)). The rules further require 
that modeling and attainment demonstrations, RFP plans, RACM, 
projection year emission inventories, motor vehicle emissions budgets, 
and contingency measures were all due by June 15, 2007 (40 CFR 
51.908(a), (c)).
    Section 182(b)(1) of the CAA and EPA's 1997 8-hour ozone 
implementation rule (40 CFR 51.910) require each 8-hour ozone 
nonattainment area designated moderate and above to submit an emissions 
inventory and RFP Plan, for review and approval into its SIP, that 
describes how the area will achieve actual emissions reductions of VOC 
and NOx from a baseline emissions inventory.

III. What Is EPA's Evaluation of the Revision?

    EPA's analysis and findings are discussed in this proposed 
rulemaking and a more detailed discussion is contained in the Technical 
Support Document for this Proposal which is available on line at http://www.regulations.gov, Docket number EPA-R03-OAR-2009-0712.
    After completing the appropriate public notice and comment 
procedures, Delaware made several submittals in order to address the 
CAA's 8-hour ozone attainment requirements. On October 2, 2006, 
Delaware submitted a RACT SIP revision which certifies that all 
relevant RACT controls have been implemented in Delaware for attaining 
the 8-hour ozone standard. EPA approved Delaware's 8-hour RACT SIP 
revision on July 23, 2008 (73 FR 42681). On May 2, 2007, Delaware 
submitted a new VOC control from crude oil lightering operations. EPA 
approved this rule on September 13, 2007 (72 FR 52285). On June 13, 
2007, Delaware submitted a comprehensive 8-hour ozone SIP. The SIP 
submittal included an attainment demonstration plan, RFP plans for 2008 
and 2009, RACM analysis, contingency measures, on-road motor vehicle 
emission budgets, and the 2002 base year emissions inventory. These SIP 
revisions were subject to notice and comment by the public and the 
State addressed the comments received on the proposed SIPs. All 
sections of this SIP submittal with the exception of the attainment 
demonstration plan will be discussed in this rulemaking. The attainment 
demonstration plan sections of this SIP submittal will be discussed in 
a separate rulemaking.

A. Base Year Emissions Inventory

    An emissions inventory is a comprehensive, accurate, current 
inventory of actual emissions from all sources and is required by 
section 172(c)(3) of the CAA. For ozone nonattainment areas, the 
emissions inventory needs to contain VOC and NOX emissions 
because these pollutants are precursors to ozone formation. EPA 
recommended 2002 as the base year emissions inventory, and is therefore 
the starting point for calculating RFP. Delaware submitted its 2002 
base year emissions inventory on June 13, 2007. A summary of the 2002 
base year VOC and NOX emissions inventory, in tons per day 
(tpd), are included in Tables 1 and 2 of this document.

                                 Table 1--Delaware 2002 Base Year VOC Emissions
----------------------------------------------------------------------------------------------------------------
                  Source sector                        Kent         New Castle        Sussex        State total
----------------------------------------------------------------------------------------------------------------
Point...........................................            0.49            9.42           13.35           23.26
Stationary Area.................................            5.75           20.02            7.31           33.08
Non-Road Mobile.................................            5.17           12.24            9.36           26.77
On-Road Mobile..................................            5.45           16.98            9.95           32.38
                                                 ---------------------------------------------------------------
    Total Emissions.............................           16.86           58.66           39.97          115.49
----------------------------------------------------------------------------------------------------------------


                                 Table 2--Delaware 2002 Base Year NOX Emissions
----------------------------------------------------------------------------------------------------------------
                  Source sector                        Kent         New Castle        Sussex        State total
----------------------------------------------------------------------------------------------------------------
Point...........................................            5.06           44.09           24.95           74.10
Stationary Area.................................            0.45            1.95            0.77            3.17
Non-Road Mobile.................................           15.02           24.62           13.15           52.79
On-Road Mobile..................................           13.97           36.56           18.50           69.03
                                                 ---------------------------------------------------------------
    Total Emissions.............................           34.50          107.22           57.37          199.09
----------------------------------------------------------------------------------------------------------------


[[Page 2454]]

B. Adjusted Base Year Inventory and 2008 RFP Target Levels

    The process for determining the emissions baseline from which the 
RFP reductions are calculated, is described in section 182(b)(1) of the 
CAA and 40 CFR 51.910. This baseline value has been determined to be 
the 2002 adjusted base year inventory. Sections 182(b)(1)(B) and (D) 
require the exclusion from the base year inventory of emissions 
benefits resulting from the Federal Motor Vehicle Control Program 
(FMVCP) regulations promulgated by January 1, 1990, and the Reid Vapor 
Pressure (RVP) regulations promulgated June 11, 1990 (55 FR 23666). The 
FMVCP and RVP emissions reductions are determined by the State using 
EPA's on-road mobile source emissions modeling software, MOBILE6. The 
FMVCP and RVP emission reductions are then removed from the base year 
inventory by the State, resulting in an adjusted base year inventory. 
The emission reductions needed to satisfy the RFP requirement are then 
calculated from the adjusted base year inventory. These reductions are 
then subtracted from the adjusted base year inventory to establish the 
emissions target for the RFP milestone year (2008).
    For moderate areas like the Philadelphia nonattainment area, the 
CAA specifies a 15 percent reduction in ozone precursor emissions over 
an initial six year period. In the Phase 2 rule, EPA interpreted this 
requirement for areas that were also designated nonattainment and 
classified as moderate or higher for the 1-hour ozone standard. Also in 
the Phase 2 rule, EPA provided that an area classified as moderate or 
higher that has the same boundaries as an area, or is entirely composed 
of several areas or portions of areas, for which EPA fully approved a 
15 percent plan for the 1-hour NAAQS, is considered to have met the 
requirements of section 182(b)(1) of the CAA for the 8-hour NAAQS. In 
this situation, a moderate nonattainment area is subject to RFP under 
section 172(c)(2) of the CAA and shall submit, no later than 3 years 
after designation for the 8-hour NAAQS, a SIP revision that meets the 
requirements of 40 CFR 51.910(b)(2). The RFP SIP revision must provide 
for a 15 percent emission reduction (either NOX and/or VOC) 
accounting for any growth that occurs during the six year period 
following the baseline emissions inventory year, that is, 2002-2008. 
The sections 182 and 172 requirements differ in that section 182(b)(1) 
specifies that it must be a 15 percent VOC reduction, where section 
172(c)(2) provides that the 15 percent reduction can be either a VOC 
and/or NOX reduction.
    According to EPA's Phase 2 rule, Delaware must achieve 15 percent 
VOC emission reduction in Sussex County from its 2002 baseline level, 
and 15 percent VOC and/or NOX emission reduction in Kent and 
New Castle Counties from their combined 2002 baseline level before the 
end of 2008.
    According to section 182(b)(1)(D) of the CAA, emission reductions 
that resulted from the FMVCP and RVP rules promulgated prior to 1990 
are not creditable for achieving RFP emission reductions. Therefore, 
the 2002 base year inventory is adjusted by subtracting the VOC and 
NOX emission reductions that are expected to occur between 
2002 and the future milestone years due to the FMVCP and RVP rules. The 
FMVCP/RVP VOC and NOX emission reductions that are expected 
to occur between 2002 and 2008 were determined using EPA's MOBILE6.2 
model. The input and output files for MOBILE6.2 runs for the 
adjustments, the emission factors generated, and the calculations for 
emission projections are found in Appendix 4-1 of the Delaware SIP 
submittal. The adjustments, in tpd, are presented in Table 3 for Sussex 
County and Table 4 for Kent and New Castle Counties.

                         Table 3--Mobile Source FMVCP/RVP Adjustments for Sussex County
----------------------------------------------------------------------------------------------------------------
                                                  VOC             NOX                       Note
----------------------------------------------------------------------------------------------------------------
Adjusted On-Road Mobile Source Emissions:
    Adjusted for 2002.....................           16.66           20.24  A
    Adjusted for 2008.....................           15.51           18.81  B2008
Mobile Source Adjustments for 2002
 Baseline:
    2002-2008.............................            1.15            1.42  C2008 = A-B2008
----------------------------------------------------------------------------------------------------------------


                  Table 4--Mobile Source FMVCP/RVP Adjustments for Kent and New Castle Counties
----------------------------------------------------------------------------------------------------------------
                                                  VOC             NOX                       Note
----------------------------------------------------------------------------------------------------------------
Adjusted On-Road Mobile Source Emissions:
    Adjusted for 2002.....................           42.16           56.02  a
    Adjusted for 2008.....................           39.18           51.64  b2008
Mobile Source Adjustments for 2002
 Baseline:
    2002-2008.............................            2.98            4.38  c2008 = a-b2008
----------------------------------------------------------------------------------------------------------------

    The mobile source adjustments in Tables 3 and 4 are the non-
creditable emission reductions due to the pre-1990 FMVCP and RVP rules. 
Subtracting these adjustments from the 2002 base year emissions 
inventory (i.e., the State total emissions in Tables 1 and 2) will give 
the 2002 adjusted base year emissions inventory relative to the subject 
milestone year, as presented in Table 5 for Sussex County and Table 6 
for Kent and New Castle Counties.

                   Table 5--The 2002 Adjusted Base Year Emissions Inventory for Sussex County
----------------------------------------------------------------------------------------------------------------
                                                  VOC             NOX                       Note
----------------------------------------------------------------------------------------------------------------
2002 Base Year Emissions Inventory........           39.97           57.37  E
Mobile Source Adjustments for 2002-2008...            1.15            1.42  C2008
2002 Adjusted Baseline Relative to 2008...           38.82           55.95  F2008 = E-C2008
----------------------------------------------------------------------------------------------------------------


[[Page 2455]]


            Table 6--The 2002 Adjusted Base Year Emissions Inventory for Kent and New Castle Counties
----------------------------------------------------------------------------------------------------------------
                                                  VOC             NOX                       Note
----------------------------------------------------------------------------------------------------------------
2002 Base Year Emissions Inventory........           75.52          141.72  e
Mobile Source Adjustments for 2002-2008...            2.98            4.38  c2008
2002 Adjusted Baseline Relative to 2008...           72.54          137.34  f2008 = e-c2008
----------------------------------------------------------------------------------------------------------------

    By the end of 2008, Delaware is required to reduce 15 percent in 
its 2002 adjusted base year emissions inventory. According to the Phase 
2 rule, Sussex County must achieve this 15 percent reduction in its VOC 
emission, since it did not have a 15 percent VOC rate-of-progress plan 
approved by EPA under the 1-hour ozone standard. For Kent and New 
Castle Counties, their 15 percent emission reductions can be achieved 
form VOC emissions and/or from NOX emissions.
    The 15 percent VOC emission reduction and emission target in 2008 
in Sussex County are calculated as follows:

Sussex 2002 adjusted VOC baseline relative to 2008 is 38.82 tpd.
Required 15 percent emission reduction: 38.82 x 15 percent = 5.82 tpd.
2008 VOC emission target: 38.83 - 5.82 = 33.00 tpd.

    The 15 percent VOC emission reduction and emission target in 2008 
in Kent and New Castle Counties are calculated as follows:

Kent/New Castle 2002 adjusted VOC baseline relative to 2008 is 72.54 
tpd.
Required 15 percent emission reduction: 72.54 x 15 percent = 10.88 tpd.
2008 VOC emission target: 72.54 - 10.88 = 61.66 tpd.

C. Control Measures and Emission Reductions for RFP

    The only post-2002 point source VOC control in Sussex County is 
Regulation No. 24, Section 46, Control of Crude Oil Lightering 
Operations. Since there will be no new VOC controls for point sources, 
non-point source sector, and non-road mobile source sector for VOC 
emissions between 2008 and 2009, Delaware's 2008 emission reductions 
and projections are estimated by interpolating the 2002 base year 
emissions and the 2009 projections. Kent and New Castle Counties 
applied for and obtained total VOC and NOX emission 
reductions from facility/unit shutdown or modification. The 2008 on-
road mobile source VOC emissions were projected using EPA's MOBILE6.2 
for obtaining factors and the Peninsula Travel Demand Model (PTDM) for 
predicting future vehicle miles traveled (VMT). Tables 7 and 8 
summarize the total 2008 VOC emission projections, in tpd, for the RFP 
requirements for Sussex County and Kent/New Castle Counties, 
respectively.

          Table 7--Sussex County Total VOC Emission Projection
                                  [tpd]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point Source Sector............................................    10.71
Area Source Sector.............................................     6.32
Non-Road Mobile Sector.........................................     8.01
On-Road Mobile Sector..........................................     7.09
                                                                --------
    Total 2008 Emission Projection.............................    32.13
------------------------------------------------------------------------

    The total VOC emission projection meets the 2008 emission target 
under the 15 percent RFP requirements (33.00 tpd). Therefore, the 2008 
RFP in Sussex County is demonstrated.

   Table 8--Kent and New Castle Counties Total VOC Emission Projection
                                  [tpd]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Point Source Sector............................................    10.51
Area Source Sector.............................................    21.64
Non-Road Mobile Sector.........................................    13.81
On-Road Mobile Sector..........................................    14.75
                                                                --------
    Total 2008 Emission Projection.............................    60.71
------------------------------------------------------------------------

    The total VOC emission projection meets the 2008 emission target 
under the 15 percent RFP requirements (61.66 tpd). Therefore, the 2008 
RFP in Kent and New Castle Counties is demonstrated.

D. Contingency Measures

    The CAA requires States with nonattainment areas to implement 
specific control measures if the area fails to make reasonable further 
progress. This CAA provision is a requirement for States with moderate 
and above ozone nonattainment areas to include sufficient contingency 
measures in their RFP so that, upon implementation of such measures, 
additional emission reductions of at least 3 percent of the adjusted 
2002 baseline emissions would be achieved. Under the same provision of 
the CAA, EPA also requires that the contingency measures must be fully 
adopted control measures or rules, so that upon failure to meet 
milestone requirements, the contingency measures can be implemented 
without any further rulemaking activities by the States and/or EPA. For 
more information on contingency measures, see the April 16, 1992 
General Preamble (57 FR 13512) and the November 29, 2005 Phase 2 8-hour 
ozone implementation rule (70 FR 71612).
    To meet the requirements for contingency emission reductions, EPA 
allows States to use NOX emission reductions to substitute 
for VOC emission reductions in their contingency plans. The condition 
set forth by EPA for NOX substitution is that States must 
achieve a minimum of 0.3 VOC reductions of the total 3 percent 
contingency reduction, and the remaining 2.7 percent reduction can be 
achieved through NOX emission controls. Delaware included 
both VOC and NOX emission controls as contingency measures 
in this 8-hour ozone RFP.
    Based on the CAA and EPA requirements on contingency measures, the 
contingency VOC reduction for Delaware for the 2008 milestone year is 
as follows: the 2002 VOC baseline (statewide) adjusted to 2008 (see 
Tables 6 and 7 in this document) is 111.36 tpd, therefore, contingency 
VOC emission reduction in 2008 is 111.36 multiplied by 3 percent = 3.34 
tpd.
    Analysis in Chapter 5.5, page 29 of the Delaware SIP, indicates 
that the three counties in Delaware will have a VOC emission reduction 
surplus of 1.82 tpd in 2008 [i.e., (33.00 + 61.66) - (32.13 + 60.71) = 
(94.66 - 92.84) = 1.82]. Therefore there is 3.34 - 1.82 = 1.52 tpd 
contingency VOC reduction shortfall in 2008.
    Delaware's 2002 VOC-to-NOX baseline (with respect to 
2008) ratio is (38.82 + 72.54): (55.95 + 137.34) = 111.36:193.29 = 
1:1.74 (Section 4, Tables 4-3 and 4-4 in the Delaware SIP). Therefore, 
the contingency VOC reduction shortfall is equivalent to 1.52 x 1.74 = 
2.64 tpd NOX reduction shortfall.
    Delaware has implemented numerous controls leading to 
NOX reductions in 2008 that are greater than the identified 
2.64 contingency shortfall (see subsections 5.4 and 6.4 of the Delaware 
SIP). Therefore, there is no need to specify additional contingency 
measures for the 2008 milestone year.

[[Page 2456]]

E. RACM Analysis

    Pursuant to section 172(c)(1) of the CAA, States are required to 
implement all RACM as expeditiously as practicable. Specifically, 
section 172(c)(1) states the following: ``In general--Such plan 
provisions shall provide for the implementation of all reasonably 
available control measures as expeditiously as practicable (including 
such reductions in emissions from existing sources in the area as may 
be obtained through the adoption, at a minimum, of reasonably available 
control technology) and shall provide for attainment of the national 
primary ambient air quality standards.''
    Furthermore, in EPA's Phase 2 rule, EPA describes how States must 
include with their attainment demonstration a RACM analysis (70 FR 
71659). The purpose of the RACM analysis is to determine whether or not 
reasonably available control measures exist that would advance the 
attainment date for nonattainment areas. Control measures that would 
advance the attainment date are considered RACM and must be included in 
the SIP. RACM are necessary to ensure that the attainment date is 
achieved ``as expeditious as practicable.''
    Control measures under RACT constitute a major group of RACM 
control measures for stationary sources. To meet the CAA's RACT 
requirements under the 8-hour ozone standard, Delaware submitted a RACT 
SIP revision on October 2, 2006, which certifies that all relevant RACT 
controls have been implemented in Delaware for attaining the 8-hour 
ozone standard. EPA approved Delaware's 8-hour RACT SIP revision on 
July 23, 2008 (73 FR 42681). On May 2, 2007, Delaware submitted a new 
VOC control from crude oil lightering operations. EPA approved this 
rule on September 13, 2007 (72 FR 52285). In addition to those RACT 
control measures, Delaware adopted a number of other VOC and 
NOX RACM measures. These measures include the tightening of 
Delaware's Open Burning Regulation, Control of Stationary Generator 
Emissions, restrictions on Excessive Idling of Heavy Duty Vehicles, 
Control of Stationary Combustion Turbine Emissions, and the Brandywine 
School Districts Clean School Bus USA grant, and voluntary and 
mandatory Ozone Action Day initiatives. There are no additional RACM 
measures or group of RACM measures that Delaware could adopt to advance 
the attainment date from 2009 to 2008, therefore Delaware has met the 
RACM requirements of the CAA.

F. Transportation Conformity Budgets

    Section 176 of the CAA requires that highway transportation 
activities in ozone nonattainment areas must: (1) Establish in their 
SIP, mobile source VOC and NOX emission budgets for each of 
the milestone years up to the attainment year and submit the mobile 
budgets to EPA for approval; (2) upon adequacy determination or 
approval of EPA, States must conduct transportation conformity analysis 
for their Transportation Improvement Programs (TIPs) and long range 
transportation plans to ensure highway vehicle emissions will not 
exceed relevant mobile budgets; and (3) failure of demonstrating such 
transportation conformity lapses resulting in freezing of Federal 
highway funds and all Federal highway projects in the lapsed area.
    The mobile emission budgets for 2008 RFP milestone are based on the 
projected 2008 mobile source emissions, accounting for all relevant 
mobile source controls including all Federal controls and Delaware 
specific controls. The 2008 mobile emissions are projected using EPA's 
MOBILE6.2 for obtaining emission factors and the ``Peninsula Travel 
Demand Model'' for predicting future VMT. Table 9 is a summary of the 
2008 VOC and NOX motor vehicle emissions budgets for the 
three counties in Delaware.

                                Table 9--Motor Vehicle Emission Budgets for 2008
----------------------------------------------------------------------------------------------------------------
                                                                                       2008 Emissions (tpd)
                             County                                    FIPS      -------------------------------
                                                                                        VOC             NOX
----------------------------------------------------------------------------------------------------------------
Kent............................................................           10001            4.14            9.68
New Castle......................................................           10003           10.61           21.35
Sussex..........................................................           10005            7.09           12.86
                                                                 -----------------------------------------------
    State Total.................................................  ..............           21.84           43.89
----------------------------------------------------------------------------------------------------------------

    On March 21, 2008, EPA posted the availability of these budgets for 
Delaware on EPA's conformity Web site for the purpose of soliciting 
public comments. The public comment period closed on April 21, 2008 and 
no comments were received. On December 19, 2008 (73 FR 77682), EPA 
published a notice of adequacy for the Delaware 2008 RFP MVEBs. In this 
notice, EPA found that Delaware's RFP MVEBs are adequate for 
transportation conformity purposes. As a result of EPA's finding, 
Delaware shall use the MVEBs from the June 13, 2007 RFP plan for future 
conformity determinations for the 8-hour standard.

IV. What Are EPA's Conclusions?

    EPA is proposing approval of the Delaware's SIP revision to meet 
the RFP requirements of the CAA for the Delaware portion of the 
Philadelphia 1997 8-hour ozone moderate nonattainment area. EPA is also 
proposing approval of the RFP MVEBs, the 2002 base year emissions 
inventory, contingency measures, and RACM analysis associated with this 
revision. EPA is proposing approval of the SIP revision because it 
satisfies RFP, emissions inventory, RFP transportation conformity, 
contingency measures, and RACM requirements for the 1997 8-hour ozone 
nonattainment areas classified as moderate and demonstrates further 
progress in reducing ozone precursors.

V. What Are Statutory and Executive Order Reviews?

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under

[[Page 2457]]

Executive Order 12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule pertaining to Delaware's RFP Plan, 
2002 base year emissions inventory, contingency measures, RACM 
analysis, and transportation conformity budgets, does not have tribal 
implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), because the SIP is not approved to apply in Indian 
country located in the state, and EPA notes that it will not impose 
substantial direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: January 6, 2010.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2010-745 Filed 1-14-10; 8:45 am]
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