[Federal Register Volume 75, Number 67 (Thursday, April 8, 2010)]
[Rules and Regulations]
[Pages 17863-17865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7878]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0712; FRL-9134-9]


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: Final rule.

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SUMMARY: EPA is approving 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 
approving the RFP plan's 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 approving the SIP revision because it satisfies 
the 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 
approving the SIP revision pursuant the CAA and EPA's regulations.

DATES: Effective Date: This final rule is effective on May 10, 2010.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2009-0712. All documents in the docket are listed in 
the http://www.regulations.gov Web site. Although listed in the 
electronic docket, some information is not publicly available, i.e., 
confidential business information (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 through http://www.regulations.gov or in hard copy for public inspection during normal 
business hours at the Air Protection Division, U.S. Environmental 
Protection Agency, Region III, 1650 Arch Street, Philadelphia, 
Pennsylvania

[[Page 17864]]

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 19903.

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

SUPPLEMENTARY INFORMATION: 

I. Background

    On January 15, 2010 (75 FR 2452), EPA published a notice of 
proposed rulemaking (NPR) for the State of Delaware. The NPR proposed 
approval of the 15 percent RFP plan, the RFP plan's 2008 MVEBs, the 
2002 base year emissions inventory, contingency measures, and the RACM 
analysis for the Delaware portion of the Philadelphia 1997 8-hour ozone 
moderate nonattainment area. The formal SIP revision was submitted by 
the Delaware Department of Natural Resources and Environmental Control 
on June 13, 2007.

II. Summary of SIP Revision

    The SIP revision addresses emissions inventory, RACM, contingency 
measures and the RFP requirements for the 1997 8-hour ozone NAAQS for 
the Delaware portion of the Philadelphia moderate nonattainment area. 
The SIP revision also establishes MVEBs for 2008. Other requirements of 
the SIP revision and the rationale for EPA's proposed action are 
explained in the NPR and will not be restated here. No public comments 
were received on the NPR.

III. Final Action

    EPA is approving the Delaware SIP revision that meets the RFP 
requirements of the CAA for the Delaware portion of the Philadelphia 
1997 8-hour ozone moderate nonattainment area. EPA is also approving 
the RFP plan's MVEBs, the 2002 base year emissions inventory, 
contingency measures, and RACM analysis associated with the SIP 
revision. The SIP revision satisfies the requirements for the 1997 8-
hour ozone NAAQS nonattainment areas classified as moderate and 
demonstrates further progress in reducing ozone precursors.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act 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 approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under 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 rule 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.

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 action 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 7, 2010. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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 pertaining to the Delaware's RFP Plan, 2002 base 
year emissions inventory, contingency measures, RACM analysis, and 
transportation conformity budgets, 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: March 25, 2010.
W.C. Early,
Acting Regional Administrator, EPA 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. In Sec.  52.420, the table in paragraph (e) is amended by adding at 
the end of the table, the entries for Reasonable Further Progress Plan 
(RFP), Reasonably Available Control Measures and Contingency Measures; 
2002 Base Year Inventory for VOC, NOX and CO; and 2008 RFP 
Transportation Conformity Budgets for the Delaware Portion of the 
Philadelphia 1997 8-hour Ozone Moderate Nonattainment Area. The 
amendments read as follows:

[[Page 17865]]

Sec.  52.420  Identification of plan.

* * * * *
    (e) * * *

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    Name of non-regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Reasonable Further Progress Plan   Delaware portion of         6/13/07  4/8/10 [Insert page  ...................
 (RFP), Reasonably Available        the Philadelphia                     number where the
 Control Measures, and              1997 8-hour ozone                    document begins].
 Contingency Measures.              moderate
                                    nonattainment area.
2002 Base Year Inventory for VOC,  Delaware portion of         6/13/07  4/8/10 [Insert page  ...................
 NOX, and CO.                       the Philadelphia                     number where the
                                    1997 8-hour ozone                    document begins].
                                    moderate
                                    nonattainment area.
2008 RFP Transportation            Delaware portion of         6/13/07  4/8/10 [Insert page  ...................
 Conformity Budgets.                the Philadelphia                     number where the
                                    1997 8-hour ozone                    document begins].
                                    moderate
                                    nonattainment area.
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0
3. Section 52.423 is amended by revising the section heading and by 
adding paragraph (b) to read as follows:


Sec.  52.423  Base Year Emissions Inventory.

* * * * *
    (b) EPA approves as a revision to the Delaware State Implementation 
Plan the 2002 base year emissions inventories for the Delaware portion 
of the Philadelphia 1997 8-hour ozone moderate nonattainment area 
submitted by the Secretary of the Department of Natural Resources and 
Environmental Control on June 13, 2007. This submittal consists of the 
2002 base year point, area, non-road mobile, and on-road mobile source 
inventories in area for the following pollutants: Volatile organic 
compounds (VOC), carbon monoxide (CO) and nitrogen oxides 
(NOX).


0
4. Section 52.426 is amended by adding paragraphs (g) and (h) to read 
as follows:


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

* * * * *
    (g) EPA approves revisions to the Delaware State Implementation 
Plan consisting of the 2008 reasonable further progress (RFP) plan, 
reasonably available control measures, and contingency measures for the 
Delaware portion of the Philadelphia 1997 8-hour ozone moderate 
nonattainment area submitted by the Secretary of the Department of 
Natural Resources and Environmental Control on June 13, 2007.
    (h) EPA approves the following 2008 RFP motor vehicle emissions 
budgets (MVEBs) for the Delaware portion of the Philadelphia 1997 8-
hour ozone moderate nonattainment area submitted by the Secretary of 
the Department of Natural Resources and Environmental Control on June 
13, 2007:

 Transportation Conformity Emissions Budgets for the Delaware Portion of the Philadelphia Area for the 2008 Rate
                                                of Progress Plan
----------------------------------------------------------------------------------------------------------------
                                                2008 Emissions  (tons per day)
                   County                    ------------------------------------   Effective date of adequacy
                                                     VOC               NOX         determination or SIP approval
----------------------------------------------------------------------------------------------------------------
Kent........................................              4.14              9.68  January 5, 2009, (73 FR
                                                                                   77682), published December
                                                                                   19, 2008.
New Castle..................................             10.61             21.35
Sussex......................................              7.09             12.86
                                             ------------------------------------
    State Total.............................             21.84             43.89
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[FR Doc. 2010-7878 Filed 4-7-10; 8:45 am]
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