UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

1650 Arch Street

Philadelphia, Pennsylvania  19103-2029

May 31, 2012

SUBJECT:	

Technical Support Document - Adequacy Findings for the Motor Vehicle
Emissions Budgets in the 2009 Attainment Plan for the Delaware Portion
of the Philadelphia-Wilmington-Atlantic City Nonattainment Area (New
Castle, Kent and Sussex Counties) 





    FROM:	                      /S/

Martin Kotsch, Office of Air Program Planning (3AP30)            

	





          TO:	Administrative Record for the Adequacy Findings for the
Motor Vehicle Emissions Budgets in the 2009 Attainment Plan for the
Delaware Portion of the Philadelphia-Wilmington-Atlantic City
Nonattainment Area  (New Castle, Kent and Sussex Counties)	

	   	





THRU:	                    /S/

Donna Mastro, Acting Associate Director 

Office of Air Program Planning (3AP30)

	

I.   Administrative Requirements For Making Adequacy Findings  

We have followed the process for determining the adequacy of the
submitted State Implementation Plan (SIP) Motor Vehicle Emissions
Budgets (MVEBs) in accordance with the procedures listed in the January
2008 Conformity Regulations contained in 40 CFR part 93.118(f)
“Adequacy review process for implementation plan submissions.”  

On June 13, 2007, the Delaware Department of Natural Resources and
Environmental Control (DNREC) formally submitted a combined 2008
Reasonable Further Progress Plan (hereafter the 2008 RFP Plan) and 2009
8-Hour Ozone Attainment Demonstration Plan (hereafter the 2009
attainment demonstration) for the Delaware Portion of the
Philadelphia-Wilmington-Atlantic City  8-Hour Ozone Nonattainment Area
as a State Implementation Plan (SIP) revision.   

This TSD is only addressing the MVEBs contained in the 2009 attainment
demonstration since on April 8, 2010 (75 FR 17893) EPA had previously
approved and found adequate the MVEBs for the 2008 RFP plan . 

EPA will be issuing its own Notice of Proposed Rulemaking for a 30-day
public comment period soliciting public comment as to the approvability
of the Delaware SIP submission.  Concurrently with EPA’s Notice of
Proposed Rulemaking, a notice will be posted on EPA’s website at
http://www.epa.gov/otaq/stateresources/transconf/currsips.htm  for the
purpose of opening EPA’s 30-day public comment period on the
adequacy/approvability of the budgets in the SIP revision.  That notice
will inform the public of the availability of the Delaware SIP revision
on its own website.  EPA’s website notice will provide a link to the
address for the website where interested members of the public could
access the SIP revision. Following EPA’s public comment period,
responses to any comments received on the proposed mobile budgets in the
Delaware SIP will be addressed in an amendment to this Technical Support
Document (TSD). 

II. Evaluation of the Budgets 

Table 1 - The Budgets 

Clean Air Act Requirement	

Milestone Year	

Mobile Vehicle Emissions Budget for NOx in Tons Per Day	

Mobile Vehicle Emissions Budget for VOCs in Tons Per Day



Attainment Demonstration

New Castle County	

2009	

19.23	

9.89



Attainment Demonstration

Kent County	

2009	

9.04

	

3.95



Attainment Demonstration 

Sussex County	

2009	

11.93	

7.05



Table 2

Adequacy of the Budgets in the 2009 Attainment Demonstration for the
Delaware Portion of the Philadelphia-Wilmington-Atlantic City Ozone
Nonattainment Area (New Castle, Kent and Sussex Counties  Budgets)



Transportation Conformity Rule

40 CFR Part 93, ' 93.118	

Review Criteria	

Was the Criterion Satisfied?    If Yes How was this Criteria Satisfied?



Sec. 93.118(e)(4)(i)	

Was the submitted control strategy implementation plan endorsed by the
Governor (or his or her designee) and subject to a State public hearing?

	

Yes.  The SIP was endorsed and submitted by the Secretary of DNREC, the
Governor’s designee formally delegated the authority to submit SIP
revisions to EPA.  A public hearing was held.



Sec. 93.118(e)(4)(ii)	

Before the control strategy implementation plan was submitted to EPA,
did consultation between Federal, State and local agencies occur; was
full implementation plan documentation provided to EPA, and was EPA’s
stated concerns, if any, addressed?	

Yes.  Consultation has occurred among all required federal, state and
local agencies.



Sec. 93.118(e)(4)(iii)	

Were the motor vehicle emissions budgets clearly identified and
precisely quantified?	

Yes.  The 2009 budgets are found in Table 9-2 of the attainment plan
submittal.





Sec. 93.118(e)(4)(iv)	

Are the motor vehicle emissions budgets, when considered together with
all other emission reductions, consistent with applicable  requirements
for the control strategy implementation 

plan?	

Yes.  The budgets are consistent with the ROP plan’s requirements. The
SIP submittal demonstrates that the control measures and strategy
adopted and imposed by Delaware in New Castle,  Kent and Sussex Counties
achieve the reductions necessary to meet the ROP requirements. The
control measures include the   FMVCP and RVP, Tier I Vehicle Emission
Standards, Enhanced I/M, RFG, HDDE, the NLEV Program and the Tier
2/Sulfur-in Fuel Rule.



Sec. 93.118(e)(4)(v)	

Are the motor vehicle emissions budgets consistent with and clearly
related to the emissions inventory and the control measures in the
submitted control strategy implementation plan?	

Yes.



Sec. 93.118(e)(4)(vi)	

Revisions to previously submitted control strategy implementation plan: 
explain and document any changes to previously submitted budgets and
control measures; impacts on point and area source emissions; any
changes to established safety margins (see Sec. 93.101 for definition);
and reasons for the changes (including the basis for any changes related
to emission factors or estimates of vehicle miles traveled).

	

Yes.  The SIP submission   explains that the revised MVEBs are in
response to EPA’s 1997 revision to the previous ozone standard.  This
revision revoked the previous1-hour ozone standard and replaced with a
more stringent 8 hour ozone standard.



Sec. 93.118(e)(5)	Did they provide and did we review public comments and
the State’s responses to those comments with the submitted control
strategy SIP?	There were no comments on the proposed mobile emissions
budgets in the SIP.



III.   Findings - Based upon our review and evaluation of the budgets
contained in the attainment demonstration for 2009 submitted on June 12,
2007 by the State of Delaware for New Castle, Kent and Sussex Counties,
we recommend that the motor vehicle budgets be found adequate. 

IV.   The Applicable Motor Vehicle Emissions Budgets for Purposes of
Demonstrating Conformity for 2009 in New Castle Counties, Kent and
Sussex Counties - The applicable motor vehicle emissions budgets for
purposes of demonstrating conformity are 19.23 tons/day of NOx and 9.89
tons/day VOC for New Castle County and 9.04 tons/day of NOx and 3.95
tons/day VOC for Kent County and 11.93 tons/day of NOx and 7.05 tons/day
of VOC for Sussex County.  

