[Federal Register Volume 77, Number 223 (Monday, November 19, 2012)]
[Proposed Rules]
[Pages 69399-69409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28091]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2010-0141; FRL-9752-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Attainment Plan for the Philadelphia-Wilmington, 
Pennsylvania-New Jersey-Delaware 1997 Fine Particulate Matter 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by Delaware on April 3, 2008, as amended on April 
25, 2012. The SIP revision demonstrates attainment of the 1997 annual 
fine particulate matter (PM2.5) national ambient air quality 
standard (NAAQS) for the Philadelphia-Wilmington, Pennsylvania-New 
Jersey-Delaware (PA-NJ-DE) nonattainment area (Philadelphia Area). This 
Delaware SIP revision (herein called the ``attainment plan'') includes 
the Philadelphia Area's attainment demonstration and motor vehicle 
emission budgets (MVEBs) used for transportation conformity purposes 
for New Castle County in Delaware. The attainment plan also includes an 
analysis of reasonably available control measures (RACM) and reasonably 
available control technology (RACT), a base year emissions inventory, 
and contingency measures. The April 25, 2012 submittal is a SIP 
revision that replaces the MVEBs in the April 3, 2008 submittal with a 
budget that is based on the Motor Vehicle Emissions Simulator (MOVES) 
model. In a separate and concurrent process, EPA is conducting a 
procedure to find adequate the MVEBs for New Castle County. 
Furthermore, EPA has determined that a reasonable further progress 
(RFP) plan is not required because Delaware projected that attainment 
of the 1997 annual PM2.5 NAAQS occurred in the Philadelphia 
Area by the attainment date of April 2010. This action is being taken 
in accordance with the Clean Air Act (CAA) and the Clean Air Fine 
Particulate Implementation Rule (PM2.5 Implementation Rule) 
published on April 25, 2007.

DATES: Written comments must be received on or before December 19, 
2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0141 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2010-0141, Donna Mastro, Acting Associate 
Director, Office of Air Planning Program, 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-
2010-0141. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at 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 www.regulations.gov or email. The 
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 email comment 
directly to EPA without going through www.regulations.gov, your email 
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 
www.regulations.gov index. Although listed in the index, some 
information is

[[Page 69400]]

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 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 and 
Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware 
19903.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by 
email 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 preamble.

I. Summary of Action
II. Background
    A. Designation History
    B. Clean Air Fine Particle Implementation Rule
    C. Determinations of Attainment
III. Description of the Delaware Attainment Plan
IV. EPA's Analysis
    A. Attainment Demonstration
    1. Pollutants Addressed
    2. Emission Inventory Requirements
    3. Modeling
    4. Reasonably Available Control Measures/Reasonably Available 
Control Technology
    5. Reasonable Further Progress
    6. Contingency Measures
    7. Attainment Date
    B. Motor Vehicle Emissions Budgets (MVEBs)
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. Summary of Action

    EPA is proposing to approve Delaware's SIP revision which was 
submitted by the State of Delaware through the Delaware Department of 
Natural Resources and Environmental Control (DNREC) to EPA on April 3, 
2008, as amended on April 25, 2012, which demonstrates attainment of 
the 1997 annual PM2.5 NAAQS for the Philadelphia Area. This 
PM2.5 attainment plan includes Delaware's attainment 
demonstration and MVEBs used for transportation conformity purposes for 
New Castle County in Delaware. The April 25, 2012 SIP revision 
submittal (1) replaced the onroad emissions budget in the April 3, 2008 
submittal with a budget that is based on a new onroad mobile emissions 
model--MOVES model; (2) demonstrated that the MOVES based mobile source 
budget is consistent with attainment of the PM2.5 NAAQS by 
2010; and (3) demonstrated that the contingency requirements of the CAA 
are met. The April 25, 2012 submittal only impacts PM2.5 and 
nitrogen oxide (NOX) emissions and calculations.
    The attainment plan also includes a base year emissions inventory, 
an analysis of RACM/RACT, and contingency measures. EPA has determined 
that a RFP plan is not required because Delaware demonstrated that 
attainment with the 1997 annual PM2.5 NAAQS occurred in the 
Philadelphia Area by the attainment date of April 2010.
    In a separate and concurrent process, EPA is conducting a process 
to find adequate the MVEBs for New Castle County which are associated 
with the Delaware attainment demonstration for the Philadelphia Area. 
Concurrently with EPA's proposal to approve the SIP, a notice will be 
posted on EPA's Web site at http://www.epa.gov/otaq/stateresources/transconf/currsips.htm for the purpose of opening a 30-day public 
comment period on the adequacy of the MVEBs for New Castle County in 
the April 25, 2012 SIP revision's attainment demonstration for the 
Philadelphia Area. That notice will inform the public of the 
availability of the Delaware SIP revision on DNREC's Web site. 
Interested members of the public could access Delaware's April 25, 2012 
SIP revision on line at www.regulations.gov, Docket No. EPA-R03-OAR-
2010-0141. Following EPA's public comment period, responses to any 
comments received will be addressed. EPA has reviewed the revised MVEBs 
developed with MOVES and found them consistent with the attainment 
demonstration and found that the budgets meet the criteria for adequacy 
and approval.
    EPA has determined that Delaware's PM2.5 attainment plan 
meets the applicable requirements of the CAA, as described in the 
PM2.5 Implementation Rule published on April 25, 2007 (72 FR 
20586). EPA's analysis and findings are discussed in this proposed 
rulemaking. In addition, technical support documents (TSDs) for this 
proposal are available on line at www.regulations.gov, Docket No. EPA-
R03-OAR-2010-0141. These TSDs provide additional explanation of EPA's 
analysis supporting this proposal.

II. Background

A. Designation History

    On July 16, 1997, EPA established the 1997 PM2.5 NAAQS, 
including an annual standard of 15.0 micrograms per cubic meter 
([micro]g/m\3\) based on a 3-year average of annual mean 
PM2.5 concentrations and a 24-hour (or daily) standard of 65 
[micro]g/m\3\ based on a 3-year average of the 98th percentile of 24-
hour concentrations. See 62 FR 38652 (July 18, 1997). EPA established 
these standards based on significant evidence and numerous health 
studies demonstrating that serious health effects are associated with 
exposures to PM2.5.
    Following promulgation of a new or revised NAAQS, EPA is required 
by the CAA to designate areas throughout the United States as attaining 
or not attaining the NAAQS; this designation process is described in 
section 107(d)(1) of the CAA. In 1999, EPA and state air quality 
agencies initiated the monitoring process for the 1997 PM2.5 
NAAQS and by January 2001, established a complete set of air quality 
monitors. On January 5, 2005 (70 FR 944), EPA promulgated initial air 
quality designations for the 1997 PM2.5 NAAQS, which became 
effective on April 5, 2005, based on air quality monitoring data for 
calendar years 2001-2003.
    On April 14, 2005 (70 FR 19844), EPA promulgated a supplemental 
rule amending EPA's initial designations, with the same effective date 
(April 5, 2005) as 70 FR 944. As a result of this supplemental rule, 
PM2.5 nonattainment designations are in effect for 39 areas, 
comprising 208 counties within 20 states (and the District of Columbia) 
nationwide, with a combined population of about 88 million. The 
Philadelphia Area which includes New Castle County in Delaware is in 
the list of areas not attaining the 1997 annual PM2.5 NAAQS.
    It should be noted that on November 13, 2009 (74 FR 58688), EPA 
relabeled the existing designation tables in 40 CFR 81.308 to clarify 
the 1997 designations for the 24-hour PM2.5 NAAQS. The 
designation for New Castle County was clarified as unclassifiable/
attainment for the 1997 24-hour PM2.5 NAAQS.

B. Clean Air Fine Particle Implementation Rule

    The PM2.5 Implementation Rule describes the CAA 
framework and requirements for developing SIPs for areas designated 
nonattainment for the 1997 PM2.5 NAAQS. An attainment plan 
must include a demonstration that a nonattainment area will meet the 
applicable NAAQS within the

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timeframe provided in the statute. This demonstration must include 
modeling (40 CFR 51.1007) that is performed in accordance with EPA 
modeling guidance (EPA-454/B-07-002, April 2007). It must also include 
supporting technical analyses and descriptions of all relevant adopted 
Federal, state, and local regulations and control measures that have 
been adopted in order to provide attainment of the 1997 
PM2.5 NAAQS by the proposed attainment date.
    For the 1997 PM2.5 NAAQS, an attainment plan must show 
that a nonattainment area will attain the 1997 PM2.5 NAAQS 
as expeditiously as practicable, but within five years of designation 
(i.e. attainment date of April 2010 based on air quality data for 2007-
2009). If the area is not expected to meet the NAAQS by April 2010, a 
state may request to extend the attainment date by one to five years 
based upon the severity of the nonattainment problem or the feasibility 
of implementing control measures (section 172(a)(2) of the CAA) in the 
specific area.
    For each nonattainment area, the state must demonstrate that it has 
adopted all RACM, including all RACT for the appropriate emissions 
sources, needed to provide for attainment of the PM2.5 
standards in the specific nonattainment area ``as expeditiously as 
practicable.'' The PM2.5 Implementation Rule provided 
guidance for making these RACM/RACT determinations (see section IV.A.4 
of this notice). Any measures that are necessary to meet these 
requirements that are not already Federally promulgated or in an EPA-
approved part of the state's SIP must be submitted as part of a state's 
attainment plan. Any state measures must meet the applicable statutory 
and regulatory requirements, and in particular, must be enforceable.
    The PM2.5 Implementation Rule also included guidance on 
pollutants that states must address in their attainment plans. Section 
302(g) of the CAA authorizes EPA to regulate criteria pollutants and 
their precursors. In the case of PM2.5, the main chemical 
precursors are sulfur dioxide (SO2), NOX, ammonia 
(NH3), and volatile organic compounds (VOCs). The effect of 
reducing emissions of precursor pollutants that contribute to 
PM2.5 concentrations varies by area, however, depending on 
PM2.5 composition, emission levels, and other area-specific 
factors. For this reason, the PM2.5 Implementation Rule 
provided guidance recommending that states elect to control direct 
PM2.5 emissions and the precursor or precursors that would 
be most effective for attaining the NAAQS within the specific area, 
based upon an appropriate technical demonstration.
    In accordance with the PM2.5 Implementation Rule, direct 
PM2.5 emissions means ``solid particles emitted directly 
from an air emissions source or activity, or gaseous emissions or 
liquid droplets from an air emissions source or activity which condense 
to form particulate matter at ambient temperatures. Direct 
PM2.5 emissions include elemental carbon, directly emitted 
organic carbon (OC), directly emitted sulfate (SO4), 
directly emitted nitrate (NO3), and other inorganic 
particles (including but not limited to crustal material, metals, and 
sea salt).''
    The PM2.5 Implementation Rule requires all states to 
address SO2 as a PM2.5 precursor and to evaluate 
SO2 for possible control measures in all PM2.5 
nonattainment areas. States are required to address NOX as a 
PM2.5 precursor and evaluate reasonable controls for 
NOX in all PM2.5 attainment plans, unless the 
state and EPA make a finding that NOX emissions from sources 
in the state do not significantly contribute to PM2.5 
concentrations in the relevant nonattainment area.
    Although current scientific information shows that certain VOC 
emissions are precursors to the formation of secondary organic aerosol, 
and significant progress has been made in understanding the role of 
gaseous organic material in the formation of organic particulate matter 
(PM), this relationship remains complex. Further research and technical 
tools are needed to better characterize emissions inventories for 
specific VOC compounds and to determine the extent of the contribution 
of specific VOC compounds to organic PM mass. Because of these factors, 
the PM2.5 Implementation Rule did not require states to 
address VOCs as PM2.5 attainment plan precursors and 
evaluate them for control measures, unless the state or EPA made a 
finding that VOCs significantly contribute to a PM2.5 
nonattainment problem in the specific area or to other downwind air 
quality concerns.
    The PM2.5 Implementation Rule also describes the 
formation of particles related to NH3 emissions, which is a 
complex, nonlinear process. Though recent studies have improved our 
understanding of the role of NH3 in aerosol formation, 
ongoing research is needed to better describe the relationships between 
NH3 emissions, PM concentrations, and related impacts. Also, 
area-specific data is needed to evaluate the effectiveness of reducing 
NH3 emissions on reducing PM2.5 concentrations in 
different areas, and to determine where NH3 decreases may 
increase the acidity of particles and precipitation. For these reasons, 
in the PM2.5 Implementation Rule, NH3 is presumed 
not to be a PM2.5 attainment plan precursor, meaning that 
the state is not required to address NH3 in its attainment 
plan or evaluate sources of NH3 emissions for reduction 
measures, unless the state or EPA makes a finding that NH3 
significantly contributes to a PM2.5 nonattainment problem 
in the area or to other downwind air quality concerns.
    The presumptive inclusion of NOX and the presumptive 
exclusion of VOC and NH3 as precursors can be reversed based 
on an acceptable technical demonstration for a particular nonattainment 
area by the state or EPA. Such a demonstration should include 
information from multiple sources, including results of speciation data 
analyses, air quality modeling studies, chemical tracer studies, 
emission inventories, or special intensive measurement studies to 
evaluate specific atmospheric chemistry in an area. See the 
PM2.5 Implementation Rule for more information.
    The PM2.5 Implementation Rule also provided guidance for 
the other elements of a state's attainment plan, including, but not 
limited to, emission inventories, contingency measures, and MVEBs used 
for transportation conformity purposes. There are, however, three 
aspects of the PM2.5 Implementation Rule for which EPA 
received petitions requesting reconsideration. These pertain to the 
presumption or advance determination that compliance with the 
requirements of the Clean Air Interstate Rule (CAIR) automatically 
satisfies the requirements for RACT or RACM for NOX or 
SO2 emissions from electric generating unit (EGU) sources 
participating in regional cap and trade programs; the suggestion in the 
preamble that the economic feasibility element of a RACT determination 
for EGUs should include consideration of whether the cost of a measure 
is reasonable in light of the benefits; and the policy described in the 
preamble of allowing certain emissions reductions from outside the 
nonattainment area to be credited as meeting the RFP requirement. EPA 
has granted these petitions. The Delaware attainment plan for the 
Philadelphia Area does not rely on any of these aspects of the rule.\1\
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    \1\ While Delaware listed CAIR as a control measure in its 
discussion of RACM/RACT, Delaware's determination of RACM/RACT did 
not solely depend on CAIR as RACT. See Appendix 7-1 of Delaware's 
April 3, 2008 Attainment Plan.

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[[Page 69402]]

    With regard to CAIR, EPA published this rule on May 12, 2005 (70 FR 
25162) to address the interstate transport requirements of the CAA with 
respect to the 1997 ozone and 1997 PM2.5 NAAQS. As 
originally promulgated, CAIR required significant reductions in 
emissions of SO2 and NOX to limit the interstate 
transport of these pollutants. In 2008, however, the Court of Appeals 
for the District of Columbia Circuit (``the Court'') remanded CAIR back 
to EPA. See North Carolina v. EPA, 550 F.3d 1176 (D.C. Cir. 2008). The 
Court had previously found CAIR to be inconsistent with the 
requirements of the CAA, North Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 
2008), but ultimately remanded the rule to EPA without vacatur because 
it found that ``allowing CAIR to remain in effect until it is replaced 
by a rule consistent with [the Court's] opinion would at least 
temporarily preserve the environmental values covered by CAIR.'' See 
North Carolina v. EPA, 550 F.3d at 1178. CAIR thus remained in place 
following the remand, and was in place and enforceable through the 
April 5, 2010 attainment date.
    In response to the Court's decision, EPA issued a new rule to 
address interstate transport of NOX and SO2 in 
the eastern United States (i.e., the Transport Rule, also known as the 
Cross-State Air Pollution Rule). See 76 FR 48208 (August 8, 2011). In 
the Transport Rule, EPA finalized regulatory changes to sunset (i.e., 
discontinue) CAIR and the CAIR Federal Implementation Plans (FIPs) for 
control periods in 2012 and beyond. See 76 FR 48322.
    The recent Court decision on the Transport Rule, EME Homer City 
Generation, L.P. v. EPA, No. 11-1302 (D.C. Cir., August 21, 2012) \2\ 
does not disturb EPA's determination that it is appropriate to move 
forward with this proposed action. This action proposes to approve an 
attainment plan that demonstrated that the Philadelphia Area would 
attain the 1997 annual PM2.5 NAAQS by 2010, which it did, as 
discussed in section II.C of this notice. The air quality analysis 
conducted for the Transport Rule demonstrates that the Philadelphia 
Area would be able to attain the 1997 annual PM2.5 NAAQS 
even in the absence of CAIR or the Transport Rule. See Appendix B to 
the Air Quality Modeling Final Rule Technical Support Document for the 
Transport Rule. Nothing in the D.C. Circuit's August 2012 decision 
disturbs or calls into question that conclusion or the validity of the 
air quality analysis on which it is based. More importantly, the 
Transport Rule is not relevant to this action. The Transport Rule only 
addresses emissions in 2012 and beyond. As such, neither the Transport 
Rule itself, nor the vacatur of the Transport Rule, is relevant to the 
question addressed in this proposal notice. The purpose of this action 
is to determine whether the attainment plan submitted by Delaware is 
sufficient to bring the Philadelphia Area into attainment by the April 
2010 attainment date, a date before the Transport Rule was even 
promulgated.
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    \2\ The Court's judgment is not final at this time as the 
mandate has not yet issued.
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    Similarly, the status of CAIR after the April 2010 attainment date 
is also not relevant to this action. While the air quality monitoring 
data that shows the Philadelphia Area attained the 1997 annual 
PM2.5 NAAQS by the April 2010 attainment deadline was 
impacted by CAIR, CAIR was in place and enforceable through the 2010 
attainment date that is relevant to this attainment plan. CAIR was an 
enforceable control measure applicable to affected sources in the area, 
as well as sources throughout the Eastern United States. As such, the 
current status of CAIR is irrelevant to and does not impact our 
conclusion that the attainment plan should be approved. Moreover, in 
its August 2012 decision, the Court also ordered EPA to continue 
implementing CAIR. See EME Homer City, slip op. at 60. For these 
reasons, neither the current status of CAIR nor the current status of 
the Transport Rule affects any of the criteria for proposed approval of 
this SIP revision.

C. Determinations of Attainment

    EPA makes two different types of attainment determinations for 
nonattainment areas. The first, a Determination of Attainment by the 
attainment date, is a determination of whether the area attained the 
NAAQS as of the area's applicable attainment deadline, which, for 
PM2.5, is required by section 179(c) of the CAA. The second 
is a Determination of Attainment for purposes of suspending a state's 
obligation to submit certain attainment-related planning SIP 
requirements (i.e., the Clean Data Determinations for 
PM2.5). See 40 CFR 51.1004(c). A Clean Data Determination 
and the suspension of the planning requirements continue for as long as 
the area continues to attain the NAAQS.
(1) Determination of Attainment by the Area's Attainment Date
    In accordance with section 179(c) of the CAA, EPA determined on May 
16, 2012 (77 FR 28782) that the Philadelphia Area attained the 1997 
annual PM2.5 NAAQS by its required attainment date of April 
5, 2010. This determination was based on complete, quality-assured, 
quality-controlled, and certified ambient air monitoring data for 2007-
2009 as well as the 2008-2010 monitoring periods. See 40 CFR 
51.1004(c).
(2) Clean Data Determination
    On May 16, 2012 (77 FR 28782), EPA also determined that the 
Philadelphia Area has attained the 1997 annual PM2.5 NAAQS 
and remains in attainment. The determination was based on complete, 
quality-assured, quality-controlled, and certified ambient air 
monitoring data for the 2007-2009 and the 2008-2010 monitoring periods. 
See 40 CFR 51.1004(c).

III. Description of the Delaware Attainment Plan

    In accordance with section 172(c) of the CAA and the PM2.5 
Implementation Rule, the attainment plan submitted on April 3, 2008 and 
amended on April 25, 2012 by DNREC for the Philadelphia Area included 
Delaware's attainment demonstration, MVEBs used for transportation 
conformity purposes for New Castle County in Delaware, a base year 
emissions inventory, a RACM/RACT analysis and contingency measures.
    To analyze future year emissions reductions and air quality 
improvements, Delaware used local, regional, and national modeling 
analyses that have been developed to support Federal and local emission 
reduction programs. This modeling was performed in accordance with 
EPA's ``Guidance on the Use of Models and Other Analyses for 
Determining Attainment of Air Quality Goals for Ozone, PM2.5, and 
Regional Haze'' (EPA-454/B-07-002, April 2007).

IV. EPA's Analysis

A. Attainment Demonstration

1. Pollutants Addressed
    In accordance with policies described in the PM2.5 
Implementation Rule, Delaware's PM2.5 attainment plan 
evaluates emissions of direct PM2.5, SO2, and 
NOX in the Philadelphia Area. With regard to evaluation of 
PM2.5 precursors, the PM2.5 Implementation Rule 
requires that SO2 be evaluated for controls in all 
nonattainment areas, and describes general presumptive policies for 
NOX, NH3, and VOCs. For NOX, states 
are required to address NOX as a PM2.5 attainment 
plan precursor and evaluate reasonable controls for NOX in 
PM2.5 attainment plans, unless the state makes

[[Page 69403]]

a finding that NOX emissions in the state do not 
significantly contribute to PM2.5 concentrations in the 
area. For NH3, because of uncertainties regarding 
NH3 emission inventories and the efficacy of ammonia control 
technologies, the final rule sets forth the presumption that 
NH3 is not a PM2.5 precursor and that states are 
not required to address NH3 in their attainment plan. 
Similarly, VOC emissions are presumed not to be an attainment plan 
precursor because of uncertainties regarding the role of VOC in 
secondary organic aerosol formation. Delaware's attainment plan does 
not reverse any of these presumptions.
2. Emissions Inventory Requirements
    States are required under section 172(c)(3) of the CAA to develop 
emissions inventories of point, area, onroad mobile, and nonroad mobile 
sources for their attainment demonstrations. These inventories provide 
a detailed accounting of all emissions and emission sources by 
precursor or pollutant. In addition, inventories are used to model air 
quality to demonstrate attainment of the 1997 PM2.5 NAAQS as 
expeditiously as practicable, and, if an attainment extension beyond 
2010 is needed, to support the need for such an extension. Emissions 
inventory guidance was provided in the April 1999 document ``Emissions 
Inventory Guidance for Implementation of Ozone and Particulate Matter 
NAAQS and Regional Haze Regulations,'' (EPA-454/R-99-006), which was 
updated in November 2005 (EPA-454/R-05-001). Emissions reporting 
requirements were provided in the 2002 Consolidated Emissions Reporting 
Rule (CERR) (67 FR 39602). On December 17, 2008 (73 FR 76539), EPA 
promulgated the Air Emissions Reporting Requirements (AERR) to update 
emissions reporting requirements in the CERR, and to harmonize, 
consolidate and simplify data reporting by states. In accordance with 
the AERR and the November 2005 guidance, the PM2.5 
Implementation Rule required states to submit inventory information on 
directly emitted PM2.5 and PM2.5 precursors and 
any additional inventory information needed to support an attainment 
demonstration.
    PM2.5 is comprised of filterable and condensable 
emissions. Condensable particulate matter (CPM) can comprise a 
significant percentage of direct PM2.5 emissions from 
certain sources, and are required to be included in national emission 
inventories based on emission factors. Test Methods 201A and 202 are 
available for source-specific measurement of condensable emissions. 
However, the PM2.5 Implementation Rule acknowledged that 
there were issues and concerns related to availability and 
implementation of these test methods as well as uncertainties in 
existing data for condensable PM2.5. In recognition of these 
concerns, EPA established a transition period during which EPA could 
assess possible revisions to available test methods and allow time for 
states to update emissions inventories as needed to address direct 
PM2.5, including condensable emissions. Because of the time 
required for this assessment, EPA recognized that states would be 
limited in how to effectively address CPM emissions, and established a 
period of transition, up to January 1, 2011, during which state 
attainment demonstration submissions for PM2.5 were not 
required to address CPM emissions. Amendments to these test methods 
were proposed on March 25, 2009 (74 FR 12970), and finalized on 
December 21, 2010 (75 FR 80118). The amendments to Method 201A added a 
particle-sizing device for PM2.5 sampling, and the 
amendments to Method 202 revised the sample collection and recovery 
procedures of the method to reduce the formation of reaction artifacts 
that could lead to inaccurate measurements of CPM emissions.
    The period of transition for establishing emissions limits for 
condensable direct PM2.5 ended on January 1, 2011. 
Attainment demonstration PM2.5 submissions made during the 
transition period are not required to address CPM emissions; however, 
states must address the control of direct PM2.5 emissions, 
including condensable emissions, with any new action taken after 
January 1, 2011. Delaware submitted the attainment plan prior to 
January 1, 2011 and therefore, did not consider condensables.
    On June 25, 2007, EarthJustice filed a petition requesting 
reconsideration of EPA's transition period for CPM emissions provided 
in the PM2.5 Implementation Rule. On April 25, 2011, EPA 
denied EarthJustice's petition for reconsideration which allowed states 
to continue to exclude CPM for Prevention of Significant Deterioration 
(PSD) permitting during the transition period. Today's action reflects 
a review of Delaware's submittal based on applicable EPA guidance as 
described in the PM2.5 Implementation Rule.
    The SIP base year inventory is the primary inventory from which 
other inventories (3-year cycle inventories, RFP inventories, modeling 
inventories) are derived. The CAA calls for state, local, and tribal 
agencies to ensure that the base year inventory is comprehensive, 
accurate, and current for all actual emissions (EPA-454/R-05-001). The 
base year inventory includes emissions estimates from stationary point 
and nonpoint sources, onroad mobile sources, and nonroad mobile 
sources. For the PM2.5 NAAQS, the pollutants to be 
inventoried are primary emissions (including condensables \3\) of 
PM10 and PM2.5, and emissions of SO2, 
NH3, VOC, and NOX, and are reported as actual 
annual emissions. DNREC defines 2002 as the base year inventory 
consistent with the PM2.5 Implementation Rule. The 
pollutants inventoried for Delaware include PM10, 
PM2.5, SO2, NH3, VOC, and 
NOX. Information on the manmade sources of direct PM and its 
potential precursors, SO2, NH3, VOC, and 
NOX, was compiled for point, area, onroad and nonroad 
sources.
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    \3\ Although the PM2.5 Implementation Rule 
established a transition period for including condensables for 
attainment demonstration controls, reporting of condensables in the 
emission inventories is still required.
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    The stationary point source inventory represents facility-specific 
data for Delaware's larger stationary sources. Point sources typically 
include large industrial, commercial, and institutional facilities. 
Manufacturing facilities, within the industrial sector, comprise the 
majority of all reporting point sources. The institutional sector 
includes hospitals, universities, prisons, military bases, landfills, 
and wastewater treatment plants. Point source emissions data are 
submitted to DNREC by the facilities using Terminal Server Satellite i-
STEPS software. i-STEPS is the point source emission inventory 
electronic data management system.
    Area sources represent a large and diverse set of individual 
emission source categories. Emissions from area sources were estimated 
at the county level. For the area sources, DNREC has provided an 
inventory that contains estimations of emissions by multiplying an 
emission factor by some known indicator or activity level for each 
category at the county level. These emissions are calculated on an 
annual basis. Various sources of emission factors or methodologies were 
used, including EPA's AP-42; the Factor Information Retrieval System 
(FIRE); EPA's Emissions Inventory Improvement Program, Volume III; 
documented projects performed by the California Air Resource Board; and 
projects performed by the Mid-Atlantic Regional Air Management 
Association (MARAMA). Area source estimates were provided by source 
classification code (SCC).

[[Page 69404]]

    Highway vehicles, which include passenger cars and light-duty 
trucks, other trucks, buses, and motorcycles, are represented by an 
onroad mobile source emissions inventory that was developed using the 
MOVES model and link-level vehicle miles traveled (VMT) data for each 
county from the Delaware Department of Transportation (DelDOT). The 
emission factors developed using MOVES were by month, using monthly 
temperature and fuel property data. DNREC provided MOVES input and 
output files for review. DNREC provided annual mobile emissions values 
in tons per year (tpy).
    Nonroad sources, which encompass a diverse collection of engines, 
including, but not limited to, outdoor power equipment, recreational 
vehicles, farm and construction machinery, lawn and garden equipment, 
industrial equipment, recreational marine vessels, commercial marine 
vessels, locomotives, ships, and aircraft were estimated using the EPA 
NONROAD 2005 model. The emissions inventory for the base year, 2002, 
was developed in accordance with EPA guidance, ``Emissions Inventory 
Guidance for Implementation of Ozone and Particulate Matter National 
Ambient Air Quality Standards and Regional Haze Regulations,'' EPA-454/
R-05-001, August 2005, updated November 2005. Tables 1, 2 and 3 
summarize the emissions for 2002.

                                 Table 1--2002 Annual Emissions by County (tpy)
----------------------------------------------------------------------------------------------------------------
                    County                         PM10      PM2.5       SO2        NOX        NH3        VOC
----------------------------------------------------------------------------------------------------------------
Kent..........................................       3991       1097       4062      10314       2841       5296
New Castle....................................       8604       3430      50237      30748       1384      18062
Sussex........................................       6758       2575      25552      16060      10057      10251
                                               -----------------------------------------------------------------
    Total.....................................      19353       7102      79852      57122      14284      33610
----------------------------------------------------------------------------------------------------------------


                                 Table 2--2002 Statewide Annual Emissions (tpy)
----------------------------------------------------------------------------------------------------------------
                 Source sector                     PM10      PM2.5       SO2        NOX        NH3        VOC
----------------------------------------------------------------------------------------------------------------
Point.........................................       3859       3161      73708      16372        179       4773
Area..........................................      13870       2580       1330       2427      13194      10254
Onroad........................................        581        415        584      21341        903      10564
Nonroad.......................................       1043        946       4230      16982          8       8019
                                               -----------------------------------------------------------------
    Total.....................................      19353       7102      79852      57122      14284      33610
----------------------------------------------------------------------------------------------------------------


                             Table 3--2002 New Castle County Annual Emissions (tpy)
----------------------------------------------------------------------------------------------------------------
                 Source sector                     PM10      PM2.5       SO2        NOX        NH3        VOC
----------------------------------------------------------------------------------------------------------------
Point.........................................       2168       1733      47070       9157        118       2687
Area..........................................       5674       1073        780       1513        710       6198
Onroad........................................        304        209        326      11799        552       5762
Nonroad.......................................        458        415       2061       8279          4       3415
                                               -----------------------------------------------------------------
    Total.....................................       8604       3430      50237      30748       1384      18062
----------------------------------------------------------------------------------------------------------------

    The review and evaluation of the methods used for the emissions 
inventory submitted by Delaware are found in the attainment plan 
submittal (section 3) and a TSD entitled ``Technical Support Document 
for Emissions Inventories for the Delaware Nonattainment Area 
PM2.5 SIP Base Year Inventory,'' dated June 16, 2010, 
available on line at www.regulations.gov, Docket No. EPA-R03-OAR-2010-
0141. EPA is proposing to approve Delaware's 2002 base year emissions 
inventory for the Philadelphia Area as meeting the requirements of 
section 172(c)(3) of the CAA.
3. Modeling
    All attainment demonstrations must include modeling that is 
performed in accordance with EPA's ``Guidance on the Use of Models and 
Other Analyses for Demonstrating Attainment of Air Quality Goals for 
Ozone, PM2.5, and Regional Haze'' (EPA-454/B-07-002, April 2007). This 
includes the photochemical modeling guidance which is divided into two 
parts. One part describes how to use a photochemical grid model for 
ozone and PM2.5, to assess whether an area will come into 
attainment of the air quality standard. A second part describes how the 
user should perform supplemental analyses, using various analytical 
methods, to determine if the model over predicts, under predicts, or 
accurately predicts the air quality improvement projected to occur by 
the attainment date. The guidance indicates that states should review 
these supplemental analyses, in combination with the modeling analysis, 
in a ``weight of evidence'' assessment to determine whether each area 
is likely to achieve timely attainment.
    A description of how the attainment demonstration from the April 3, 
2008 SIP revision addresses this EPA modeling guidance for a modeled 
attainment demonstration can be found in the TSD entitled, ``Technical 
Support Document for the Modeling and Weight of Evidence Potions of the 
Delaware SIP for Attainment of the PM2.5 Annual NAAQS,'' 
dated June 15, 2010 (Attainment TSD), available on line at 
www.regulations.gov, Docket number EPA-R03-OAR-2010-0141 and section 6 
of the April 3, 2008 SIP revision submittal.
    In the April 3, 2008 SIP revision submittal, the photochemical grid 
model used projected emissions for 2009, including emission changes due 
to regulations Delaware and its neighboring states were planning to

[[Page 69405]]

implement and expected growth by 2009. Meteorological conditions from 
2002, the same as the base year modeling, were used in the projection 
modeling for 2009. Using the base case meteorology allows the effect of 
changes in states' emissions to be determined without being influenced 
by yearly fluctuations in meteorology and is consistent with EPA 
guidance.
    The conceptual model (describes how weather patterns affect the 
formation and transport of PM2.5, accounting for emissions 
and photochemistry) for Delaware's attainment plan is described in a 
document prepared by the Northeast States for Coordinated Air-Use 
Management (NESCAUM) final report entitled, ``The Nature of the Fine 
Particle and Regional Haze Air Quality Problems in the MANE-VU Region: 
A Conceptual Description (2006).'' This document is consistent with 
EPA's guidance and was prepared for use by the Ozone Transport 
Commission (OTC) member states which provides the conceptual 
description of PM2.5 issues in the OTC states. The OTC is a 
multi-state organization consisting of the States of Connecticut, 
Delaware, District of Columbia, Maine, Maryland, Massachusetts, New 
Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont 
and Northern Virginia. See section 184 of the CAA. By agreement of OTC, 
the New York State Department of Environmental Conversation (NYSEC) ran 
the Community Multi-scale Air Quality Model (CMAQ) for the states in 
the northeast Ozone Transport Region (OTR) which includes Delaware. The 
inputs of the model are described in section 6 of the April 3, 2008 SIP 
revision submittal.
    The attainment test for PM2.5 is referred to as the 
Speciated Modeled Attainment Test (SMAT). In the Delaware's April 3, 
2008 SIP revision submittal, the SMAT results demonstrated that the 
projected annual arithmetic mean PM2.5 concentration 
calculated at each Federal Reference Method (FRM) monitor attained the 
annual PM2.5 NAAQS in 2009. Specifically, all calculations 
are less than 15[mu]g/m\3\.
    In summary, the basic photochemical grid modeling, presented in the 
Delaware attainment plan, used the methods recommended in EPA's 
modeling guidance. When EPA's attainment test is applied to the 
modeling results, the 2009 annual-average PM2.5 design value 
is predicted to be 13.3[mu]g/m\3\ in the Philadelphia Area. Therefore, 
based on EPA's modeled attainment test, the Philadelphia Area reached 
attainment of the annual average PM2.5 standard in 2009 
before the attainment date of April 5, 2010.
4. Reasonably Available Control Measures/Reasonably Available Control 
Technology
a. Requirements for RACM/RACT
    CAA section 172(c)(1) requires that each attainment plan ``provide 
for the implementation of all RACM as expeditiously as practicable, 
including such reductions in emissions from the existing sources in the 
area as may be obtained through the adoption, at a minimum, of RACT, 
and shall provide for attainment of the national primary ambient air 
quality standards.'' EPA interprets RACM including RACT under section 
172 as measures that a state finds are both reasonably available and 
contribute to attainment as expeditiously as practicable in the 
nonattainment area. Thus, what constitutes RACM or RACT in a 
PM2.5 nonattainment area is closely tied to the expeditious 
attainment demonstration of the plan. See 40 CFR 51.1010; 72 FR 20586 
at 20612.
    States are required to evaluate RACM/RACT for direct 
PM2.5 emissions and all of the area's attainment plan 
precursors. See 40 CFR 51.1002(c); 72 FR 20586 at 20589-97. Consistent 
with the guidance provided for the PM2.5 Implementation 
Rule, a state initially must evaluate RACM/RACT for sources that emit 
direct PM2.5, SO2, and NOX. A state 
may establish with an appropriate demonstration that it should not 
regulate NOX in the specific nonattainment area, so it could 
thereby forgo evaluation of RACM/RACT for NOX. Because EPA 
concluded that VOC and NH3 are presumptively not regulatory 
precursors for PM2.5, unless the state or EPA determines 
that it is necessary to regulate them in a specific nonattainment area, 
the state is not required to evaluate RACM/RACT for sources of VOC or 
NH3 unless there is a determination supported by an 
appropriate demonstration that such emissions need to be regulated for 
expeditious attainment of the NAAQS in the specific area.
    For PM2.5 attainment plans, the PM2.5 
Implementation Rule requires a combined approach to RACM and RACT under 
subpart 1 of part D of the CAA. Subpart 1, unlike subparts 2 and 4, 
does not identify specific source categories for which EPA must issue 
control technique documents or guidelines, or identify specific source 
categories for state and EPA evaluation during attainment plan 
development. See 72 FR 20586 at 20610. Rather, under subpart 1, EPA 
considers RACT to be part of an area's overall RACM obligation 
consistent with the section 172 definition. Because of the variable 
nature of the PM2.5 problem in different nonattainment areas 
which may require states to develop attainment plans that address 
widely disparate circumstances, EPA determined not only that states 
should have flexibility with respect to RACM/RACT controls, but also 
that in areas needing significant emission reductions, RACM/RACT 
controls on smaller sources may be necessary to reach attainment as 
expeditiously as practicable. See 72 FR 20586 at 20612, 20615. Thus, 
under the PM2.5 Implementation Rule, RACM and RACT are those 
reasonably available measures that contribute to attainment as 
expeditiously as practicable in the specific nonattainment area. See 40 
CFR 51.1010; 72 FR 20586 at 20612.
    Specifically, the PM2.5 Implementation Rule requires 
that attainment plans include the list of measures that a state 
considered and information sufficient to show that the state met all 
requirements for the determination of what constitutes RACM/RACT in a 
specific nonattainment area. See 40 CFR 51.1010(a). In addition, the 
PM2.5 Implementation Rule requires that the state, in 
determining whether a particular emissions reduction measure or set of 
measures must be adopted as RACM/RACT, consider the cumulative impact 
of implementing the available measures and adopt as RACM/RACT any 
potential measures that are reasonably available considering 
technological and economic feasibility if, considered collectively, 
they would advance the attainment date by one year or more. If a 
measure or measures is not necessary for expeditious attainment of the 
NAAQS in the area, then by definition that measure is not RACM/RACT for 
purposes of the 1997 PM2.5 NAAQS in that area. Any measures 
that are necessary to meet these requirements which are not already 
either Federally promulgated, part of the state's SIP, or otherwise 
creditable in SIPs must be submitted in enforceable form as part of a 
state's attainment plan for the area. See 72 FR 20586 at 20614.
    Guidance provided in the PM2.5 Implementation Rule for 
evaluating RACM/RACT level controls for an area also indicated that 
there could be flexibility with respect to those areas that were 
predicted to attain the 1997 PM2.5 NAAQS within five years 
of designation as a result of existing national or local measures. See 
72 FR 20586 at 20612. In such circumstances, EPA indicated that the 
state may

[[Page 69406]]

conduct a more limited RACM/RACT analysis that does not involve 
additional air quality modeling. Moreover, the RACM/RACT analysis for 
such area would focus on a review of reasonably available measures, the 
estimation of potential emissions reductions, and the evaluation of the 
time needed to implement the measures. Thus, the PM2.5 
Implementation Rule guidance recommended that not all areas would need 
to conduct as rigorous an analysis, and suggested that a less rigorous 
analysis would be needed for those areas expected to attain within the 
initial five years from designation as a nonattainment area for the 
1997 PM2.5 NAAQS. A more comprehensive discussion of the 
RACM/RACT requirement for PM2.5 attainment plans and EPA's 
guidance for it can be found in the PM2.5 Implementation 
Rule preamble. See 72 FR 20586 at 20609-20633.
b. Delaware's Analysis of Pollutants and Sources for the Delaware 
Portion of the Philadelphia Area
    Based upon the emissions inventory for the area, Delaware 
determined that it would be appropriate to evaluate sources of 
PM2.5, SO2, and NOX located in the 
nonattainment area for potential control as RACM/RACT. Delaware 
determined that controls of sources of VOC or NH3 would not 
be necessary for expeditious attainment of the NAAQS in this area, nor 
does EPA believe that there is a need to do so. Delaware's 
determination with respect to which pollutants the plan should evaluate 
is found in Section 1.4 of the attainment plan submittal.
    After evaluating which pollutants should be addressed in the 
attainment plan, Delaware identified all source categories of those 
emissions located within the nonattainment area to determine available 
controls that could advance the attainment date by one year or more. 
See Section 7 of the attainment plan submittal. For the primary 
PM2.5 RACM, DNREC evaluated measures that are limited to the 
boundaries of the nonattainment area, i.e. New Castle County. However, 
because SO2 and NOX can be transported over 
considerable distances to form PM2.5, SO2 and 
NOX were assessed on a statewide basis. See Appendix 7-1 of 
Delaware's attainment plan for ``EPA's List of Potential Control 
Measures.'' Although VOC is not a regulated PM2.5 precursor 
for the Delaware portion of the Philadelphia area, VOC control measures 
approved by EPA are included in the modeling associated with this 
attainment plan.
    In accordance with 40 CFR 51.1010, a SIP revision for a 
PM2.5 nonattainment area is required to demonstrate that all 
RACM, including RACT for stationary sources, necessary to demonstrate 
attainment as expeditiously as practicable, have been adopted. The 
cumulative impact of implementing available measures must be considered 
in determining whether a particular emission reduction measure or set 
of measures is required to be adopted as RACM. Potential measures that 
are reasonably available considering technical and economic feasibility 
must be adopted as RACM if, considered collectively, they would advance 
the attainment date by one year or more. Since the Philadelphia Area 
attained at the end of 2009, any RACM measures needed to be in effect 
in 2008. Delaware determined that there were no additional control 
measures that could be adopted by January 1, 2008. In addition, 
existing measures and measures planned for implementation by 2009 
enabled the Philadelphia Area to attain the 1997 annual 
PM2.5 NAAQS. Therefore, Delaware determined no further 
actions on RACM or RACT were warranted.
c. Delaware's Evaluation of RACM/RACT Control Measures for the Delaware 
Portion of the Philadelphia Area
    In accordance with section 172 of the CAA, Delaware determined it 
adopted all RACM, including RACT, needed to attain the standards ``as 
expeditiously as practicable.'' Delaware's demonstration for attaining 
the 1997 PM2.5 NAAQS in the Philadelphia Area is based on 
the following Federally enforceable measures in Section 7 of the 
state's submittal and listed below. From the control measures listed 
below, EPA is proposing not to approve CAIR as RACM/RACT for EGUs in 
Delaware for the 1997 PM2.5 NAAQS but proposes to approve as 
RACM/RACT the other control measures identified in Delaware's April 3, 
2008 SIP submittal which were approved by EPA previously into the 
Delaware SIP (see 40 CFR 52.420(c)) or are otherwise Federally 
enforceable.
    Section 7.2.1 Point Sources:

 40 CFR parts 51, 72, et al. Rule to Reduce Interstate 
Transport of Fine Particulate Matter and Ozone (Clean Air Interstate 
Rule)
 ``Inclusion of Delaware and New Jersey in the Clean Air 
Interstate Rule'' 71 FR 25288 (April 28, 2006)
 Consent Decree, Premcor Refinery, Delaware City (formerly 
Motiva Enterprises) New Castle County. Control of SO2, and 
NOX Emission from Boilers and Heaters
 Regulation 1146, EGUs, Electric Generating Unit (EGU) Multi-
Pollutant Regulation, SO2 and NOX emission 
control (effective December 11, 2006)
 Regulation 1148, Control of Stationary Combustion Turbine 
Electric Generating Unit Emissions, NOX emission control
 Regulation 1144, Control of Stationary Generator Emissions, 
SO2, PM, VOC and NOX emission control
 Regulation 1142, Section 1.0, Control of NOX 
Emissions from Industrial Boilers, NOX emission control
 Regulation 1142, Section 2.0, Control of NOX 
Emissions from Industrial Boilers and Process Heaters at Petroleum 
Refineries, NOX emission control, New Castle County
 Regulation 1124, Section 46.0, Crude Oil Lightering 
Operations, VOC emission control
 Facility and Unit shutdowns (see Table 4-3 in the Delaware 
submittal)
    Section 7.2.2 Non-Point Sources:

 Regulation 1124, Section 33.0, Solvent Cleaning and Drying, 
VOC emission control
 Regulation 1124, Section 11.0, Mobile Equipment Repair and 
Refinishing, VOC emission control
 Regulation 1141, Section 3.0, Portable Fuel Containers, VOC 
emission control
 Regulation 1141, Section 2.0, Consumer Products, VOC emission 
control
 Regulation 1141, Section 1.0, Architectural and Industrial 
Maintenance Coatings, VOC emission control
 Regulation 1124, Section 36.0, Stage II Vapor Recovery, VOC 
emission control
 Controls on Residential Woodstoves, 40 CFR Part 60 Subpart 
AAA--New Source Performance Standards (``NSPS'') for PM, VOC and 
NOX emission control
 Regulation 1113, Open Burning Controls, PM, VOC and 
NOX emission control
    Section 7.2.3 Non-Road Sources:

 Phase I and Phase II Emissions Standards for Gasoline-Powered 
Non-Road Utility Engines, Federal Rule
 Emissions Standards for Diesel-Powered Non-Road Utility 
Engines of 50 or More Horsepower, Federal Rule
 Emissions Standards for Spark Ignition (SI) Marine Engines, 
Federal Rule
 Emissions Standards for Large Spark Ignition Engines, Federal 
Rule

[[Page 69407]]

 Reformulated Gasoline Use in Non-Road Motor Vehicles and 
Equipment, Federal Rule
 ``Control of Emissions from New Marine Compression-Ignition 
Engines at or above 30 liters per Cylinder; Final Rule,'' 68 FR 9746 
(February 28, 2003), at pp. 9755-56 (hereinafter EPA C3 Rule)
    Section 7.2.4 On-Road Mobile Sources:

 Regulation No. 31, Low Enhanced Inspection and Maintenance 
Program
 Regulation 1132, Transportation Conformity Regulation
 40 CFR Parts 80, 85, and 86--Control of Air Pollution from New 
Motor Vehicles: Tier 2 Motor Vehicle Emissions Standards and Gasoline 
Sulfur Control Requirements; Final Rule
 40 CFR parts 69, 80, and 86 Control of Air Pollution from New 
Motor Vehicles: Heavy-Duty Engine and Vehicle Standards and Highway 
Diesel Fuel Sulfur Control Requirements; Final Rule
 Regulation 1145, Controls on Excessive Idling of Heavy Duty 
Vehicles
 Regulation 1140, National Low Emission Vehicle (NLEV) Program

    Delaware has implemented other control measures for SO2, 
NOX, VOC, and PM2.5 including mandatory episodic 
prohibition of lightering on ozone action days, and reduction of 
emissions from high electric demand day electric generation.
    The above measures have been adopted by Delaware and approved by 
EPA as Federally enforceable measures in the Delaware SIP (see 40 CFR 
52.420(c)) or are otherwise Federally enforceable.
    In addition, other voluntary measures that are effective in 2010 
include:

     Brandywine School District Bus Retrofits
     Delaware Ride Share
     Ozone Action Days (voluntary curtailment of activities 
that contribute to air pollution)
     Use of Biodiesel (B20) in state-run equipment
     Best Workplaces for Commuters and SmartWay Transport 
programs
     Implement anti-idling outreach programs for schools and 
school districts
     Clean State Program--focusing on greater use of 
alternative transportation fuels
     Installation of an E85 fueling station in Delaware
 Delaware continues to identify and implement energy efficiency 
programs for the residential and commercial sectors. Energy efficiency 
programs include:

--Energy efficiency/conservation education, outreach, technical 
assistance
--Energy An$wers Program
--Home Appliances
--Business
--Home Performance
--Energy Star Program
--Sustainable Energy Utility (SEU)
d. Proposed Action on RACM/RACT Demonstration and Control Strategy
    EPA is proposing to approve Delaware's evaluation of RACM/RACT 
control measures for the Philadelphia Area, except for the reference to 
CAIR for EGUs which EPA is not proposing to approve as RACM/RACT. The 
monitoring data for this area indicates that it has attained the 1997 
annual PM2.5 NAAQS by its applicable date, and EPA made a 
determination of attainment on May 16, 2012 (77 FR 28782). EPA's 
guidance for the PM2.5 Implementation Rule recommended that 
if an area was predicted through the attainment plan to attain the 
standard within five years after designation, then the state could 
submit a more limited RACM/RACT analysis and the state could elect not 
to do additional modeling.
    Because the Philadelphia Area attained the 1997 annual 
PM2.5 NAAQS by the applicable attainment date, and because 
EPA agrees with Delaware that no additional measures could be adopted 
that would advance the attainment date by one year, EPA proposes to 
determine that the Delaware attainment plan (except for CAIR for EGUs) 
meets the RACM/RACT requirements of the PM2.5 Implementation 
Rule and that the Federally enforceable control measures identified in 
the Delaware attainment plan (other than CAIR for EGUs) constitute 
RACM/RACT for purposes of the 1997 annual PM2.5 NAAQS. 
Because the PM2.5 Implementation Rule defines RACM/RACT as 
that level of control that is necessary to bring the area into timely 
attainment, and because no additional measures could achieve attainment 
one year earlier, the level of Federally enforceable controls on 
sources located within the Philadelphia Area as of the end of the 
calendar year 2009 constitutes RACM/RACT for the Philadelphia Area for 
this purpose. EPA is proposing not to approve CAIR as RACM/RACT in 
Delaware for the 1997 PM2.5 NAAQS for EGUs but proposes to 
approve as RACM/RACT the other control measures, including state 
controls on EGUs, identified in Delaware's April 3, 2008 SIP submittal, 
which were previously approved by EPA as part of the Delaware SIP (see 
40 CFR 52.420(c)) or are otherwise Federally enforceable, because the 
Philadelphia Area has attained the 1997 PM2.5 NAAQS by the 
attainment date.
5. Reasonable Further Progress
    Section 172(c)(2) of the CAA requires that attainment plans include 
RFP to achieve steady progress toward meeting air quality standards by 
showing generally linear progress toward attainment. The 
PM2.5 Implementation Rule set forth that an area that 
demonstrates attainment by 2010 will be considered to have satisfied 
the RFP requirement and need not submit any additional material to 
satisfy the RFP requirement. EPA views the attainment demonstration as 
also demonstrating that the area is making reasonable further progress 
toward attainment. A state is required to submit a separate RFP plan 
for any area for which the state seeks an extension of the attainment 
date beyond 2010. The RFP plan is required to provide emission 
reductions such that emissions in 2009 represent generally linear 
progress from the 2002 baseline year to the attainment year. The 
Philadelphia Area attained by 2010, and has therefore met the RFP 
requirements under the PM2.5 Implementation Rule.
6. Contingency Measures
    In accordance with section 172(c)(9) of the CAA, the 
PM2.5 Implementation Rule requires that PM2.5 
attainment demonstrations include contingency measures. See 40 CFR 
51.1012 and 72 FR at 20642-20646, April 25, 2007. Contingency measures 
are additional measures to be implemented in the event an area fails to 
meet RFP or fails to attain a standard by its attainment date. These 
measures must be fully adopted rules or control measures that can be 
implemented quickly and without significant further EPA or state action 
if the area fails to meet RFP or fails to attain by its attainment 
date, and should contain trigger mechanisms and an implementation 
schedule. In addition, they should be measures not already included in 
the SIP control strategy and should provide for emission reductions 
equivalent to one year of RFP.
    Delaware submitted contingency measures as required by the 
PM2.5 Implementation Rule that were fully adopted rules or 
control measures that were ready to be implemented quickly upon failure 
of the area to attain and were at the level of reductions equal to at 
least one's year worth of reductions

[[Page 69408]]

needed for attainment in the area. In accordance with section 110(k)(2) 
of the CAA, EPA must take action on the contingency measures that were 
submitted by Delaware. However, as noted in section II.C of this 
proposed rulemaking action, the Philadelphia Area, which consists of 
New Castle County in Delaware, has attained the 1997 annual 
PM2.5 NAAQS and meets the attainment date of April 5, 2010, 
and continues to attain based on the most recent data available. 
Because EPA has determined that the area attained by its required 
attainment date, in accordance with section 179(c)(9), no contingency 
measures for failure to attain by this date need be implemented, and 
further EPA action is unnecessary. Furthermore, as set forth in the 
PM2.5 Implementation Rule, areas that attained the NAAQS by 
the attainment date are considered to have satisfied the requirement to 
show RFP, and as such do not need to implement contingency measures to 
make further progress to attainment. EPA has determined that the 
Philadelphia Area has attained by the attainment date, therefore the 
contingency measures submitted by Delaware are no longer necessary for 
the Philadelphia Area to meet RFP requirements or attain the 1997 
annual PM2.5 NAAQS by the attainment date. Although the 
Philadelphia Area met the attainment date of April 5, 2010 and thus is 
not required to implement contingency measures, by relying on those 
contingency measures that were already in place, Delaware has 
effectively implemented its control measures in advance.
7. Attainment Date
    Delaware provided a demonstration of attainment of the 1997 annual 
PM2.5 NAAQS in the Philadelphia Area by 2010.

B. Motor Vehicle Emissions Budgets (MVEBs)

    Section 176(c) of the CAA requires Federal actions in nonattainment 
and maintenance areas to ``conform to'' the goals of SIPs. This means 
that such actions will not cause or contribute to violations of a 
NAAQS, worsen the severity of an existing violation, or delay timely 
attainment of any NAAQS or any interim milestone. Actions involving 
Federal Highway Administration (FHWA) or Federal Transit Administration 
(FTA) funding or approval are subject to the transportation conformity 
rule (40 CFR Part 93, subpart A). Under this rule, metropolitan 
planning organizations (MPOs) in nonattainment and maintenance areas 
coordinate with state air quality and transportation agencies, EPA, and 
the FHWA and FTA to demonstrate that their long range transportation 
plans and transportation improvement programs (TIP) conform to 
applicable SIPs. This is typically determined by showing that estimated 
emissions from existing and planned highway and transit systems are 
less than or equal to the MVEBs contained in the SIP.
    On April 25, 2012, Delaware submitted a SIP revision that is 
related to the PM2.5 and NOx onroad mobile source budgets 
that were established in the April 3, 2008 submittal. The April 25, 
2012 submittal replaces the MVEBs in the April 3, 2008 submittal with 
budgets based on the MOVES model.
    In a separate and concurrent process, EPA is conducting a process 
to find adequate the MVEBs for New Castle County which are associated 
with the Delaware attainment demonstration for the Philadelphia Area. 
Concurrently with EPA's proposal to approve the SIP, a notice will be 
posted on EPA's Web site at http://www.epa.gov/otaq/stateresources/transconf/currsips.htm for the purpose of opening a 30-day public 
comment period on the adequacy of the MVEBs for New Castle County in 
the April 25, 2012 SIP revision's attainment demonstration for the 
Philadelphia Area. That notice will inform the public of the 
availability of the Delaware SIP revision on DNREC's Web site. 
Interested members of the public could access Delaware's April 25, 2012 
SIP revision on line at www.regulations.gov, Docket No. EPA-R03-OAR-
2010-0141. Following EPA's public comment period, responses to any 
comments received will be addressed. EPA has reviewed the revised MVEBs 
developed and found them consistent with the attainment demonstration 
and that the budgets meet the criteria for adequacy and approval.

V. Proposed Action

    EPA is proposing to approve the Delaware 1997 annual 
PM2.5 NAAQS attainment plan for the Philadelphia Area that 
was submitted on April 3, 2008. EPA is also proposing to find adequate 
and approve the MVEBs revised with MOVES that were submitted on April 
25, 2012 as a SIP revision. The attainment plan includes Delaware's 
attainment demonstration, an analysis of RACM/RACT, the 2002 base year 
emissions inventory, and contingency measures. EPA has determined that 
Delaware's attainment demonstration meets the applicable requirements 
of the CAA, as described in the PM2.5 Implementation Rule. 
Specifically, EPA has determined that the Delaware SIP revision 
includes an attainment demonstration and adopted state regulations and 
programs needed to support a determination that the Philadelphia Area 
attained the 1997 annual PM2.5 NAAQS by the April 2010 
deadline. EPA is specifically proposing however not to approve CAIR as 
RACM/RACT for Delaware's attainment plan for the Philadelphia Area. EPA 
is soliciting public comments on the issues discussed in this document. 
These comments will be considered before taking final action.

VI. 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 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

[[Page 69409]]

     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 the Delaware 1997 
annual PM2.5 attainment plan for the Philadelphia Area, 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

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

    Dated: October 31, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-28091 Filed 11-16-12; 8:45 am]
BILLING CODE 6560-50-P