	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

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

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

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Proposed rule.

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

DATES: Written comments must be received on or before [insert date 30
days from date of publication].  

ADDRESSES:  Submit your comments, identified by Docket ID Number
EPA-R03-OAR-2009-0712 by one of the following methods:

A.  www.regulations.gov.  Follow the on-line instructions for submitting
comments.

B.  E-mail:    HYPERLINK "mailto:fernandez.cristina@epa.gov" 
fernandez.cristina@epa.gov .

C.  Mail:  EPA-R03-OAR-2009-0712, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.

D.  Hand Delivery:  At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket(s normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.

Instructions:  Direct your comments to Docket ID No. EPA-
R03-OAR-2009-0712.  EPA's policy is that all comments received will be
included in the public docket without change, and may be made available
online at 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
e-mail.  The www.regulations.gov website is an (anonymous access(
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment.  If you
send an e-mail comment directly to EPA without going through   HYPERLINK
"http://www.regulations.gov"  www.regulations.gov , your e-mail address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the Internet.  If
you submit an electronic comment, EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit.  If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA may
not be able to consider your comment.  Electronic files should avoid the
use of special characters, any form of encryption, and be free of any
defects or viruses.

Docket:  All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute.  Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form.  Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103.  Copies of the State submittal
are available at the Delaware Department of Natural Resources &
Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware
19901.

FOR FURTHER INFORMATION CONTACT:  Rose Quinto, (215) 814-2182, or by
e-mail at   HYPERLINK "mailto:quinto.rose@epa.gov"  quinto.rose@epa.gov
.

SUPPLEMENTARY INFORMATION:   Throughout this document, whenever
“we,” “us,” or “our” is used, we mean EPA.

The following is provided to aid in locating information in this
document.

I.    What Action is EPA Taking?

II.   What is the Background of This Action?

III.  What is EPA’s Evaluation of the Revision?

IV.  What are the Statutory and Executive Order Reviews?

I.  What Action is EPA Taking?

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

II.  What is the Background for This Action?

In 1997, EPA revised the health-based NAAQS for ozone, setting it at
0.08 parts per million (ppm) averaged over an 8-hour time frame.  EPA
set the 8-hour ozone standard based on scientific evidence demonstrating
that ozone causes adverse health effects at lower ozone concentrations
and over longer periods of time, than was understood when the
pre-existing 

1-hour ozone standard was set.  EPA determined that the 8-hour standard
would be more protective of human health, especially children and adults
who are active outdoors, and individuals with a pre-existing respiratory
disease, such as asthma.

On April 30, 2004 (69 FR 23951), EPA finalized its
attainment/nonattainment designations for areas across the country with
respect to the 8-hour ozone standard.  These actions became effective on
June 15, 2004.  Among those nonattainment areas is the
Philadelphia-Wilmington-Atlantic City (PA-NJ-MD-DE) moderate
nonattainment area (NAA).  This NAA includes the three counties in
Delaware, five counties in eastern Pennsylvania, one county in Maryland
and eight counties in southern New Jersey. 

These designations triggered the CAA’s section 110(a)(1) requirement
that States must submit attainment demonstrations for their
nonattainment areas to EPA by no later than three years after the
promulgation of a NAAQS.  Accordingly, EPA’s Phase 1 8-hour ozone
implementation rule (Phase 1 rule), published on April 30, 2004 (69 FR
23951) specifies that States must submit attainment demonstrations for
their nonattainment areas to EPA by no later than three years from the
effective date of designation, that is, by June 15, 2007.  

Pursuant to the Phase 1 rule, an area was classified under subpart 2 of
the CAA based on its 

8-hour design value if that area had a 1-hour design value at or above
0.121 ppm (the lowest 1-hour design value in Table 1 of subpart 2). 
Based on this criterion, Delaware, as part of the Philadelphia
nonattainment area was classified under subpart 2 as a moderate
nonattainment area. On November 29, 2005 (70 FR 71612), as revised on
June 7, 2007 (72 FR 31727), EPA published the Phase 2 final rule for
implementation of the 8-hour standard (Phase 2 rule) that addressed the
RFP control and planning obligations as they apply to areas designated
nonattainment for the 1997 8-hour ozone NAAQS.  The Phase 1 and 2 rules
outline the SIP requirements and deadlines for various requirements in
areas designated as moderate nonattainment.  For such areas, reasonably
available control technology (RACT) plans were due by September 2006 (40
CFR 51.912(a)(2)).  The rules further require that modeling and
attainment demonstrations, RFP plans, RACM, projection year emission
inventories, motor vehicle emissions budgets, and contingency measures
were all due by June 15, 2007 (40 CFR 51.908(a), (c)). 

Section 182(b)(1) of the CAA and EPA’s 1997 8-hour ozone
implementation rule (40 CFR 51.910) require each 8-hour ozone
nonattainment area designated moderate and above to submit an emissions
inventory and RFP Plan, for review and approval into its SIP, that
describes how the area will achieve actual emissions reductions of VOC
and NOx from a baseline emissions inventory.

III.  What is EPA’s Evaluation of the Revision?

EPA’s analysis and findings are discussed in this proposed rulemaking
and a more detailed discussion is contained in the Technical Support
Document for this Proposal which is available on line at   HYPERLINK
"www.regulations.gov"  www.regulations.gov , Docket number
EPA-R03-OAR-2009-0712.  

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

A.  Base Year Emissions Inventory 

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

Table 1.  Delaware 2002 Base Year VOC Emissions                         
                             

Source Sector	Kent	New Castle	Sussex	State Total

Point	0.49	  9.42	13.35	23.26

Stationary Area 	5.75	20.02	  7.31	33.08

Non-Road Mobile	5.17	12.24	  9.36	26.77

On-Road Mobile	5.45	16.98	  9.95	32.38

Total Emissions	      16.86	58.66	39.97	       115.49



Table 2.  Delaware 2002 Base Year NOx Emissions 

Source Sector	Kent	New Castle	Sussex	State Total

Point	  5.06	 44.09	 24.95	74.10

Stationary Area 	  0.45	   1.95	   0.77	  3.17

Non-Road Mobile	15.02	24.62	 13.15	52.79

On-Road Mobile	13.97	36.56	 18.50	69.03

Total Emissions	34.50	        107.22	 57.37	       199.09



B.  Adjusted Base Year Inventory and 2008 RFP Target Levels

The process for determining the emissions baseline from which the RFP
reductions are calculated, is described in section 182(b)(1) of the CAA
and 40 CFR 51.910.  This baseline value has been determined to be the
2002 adjusted base year inventory.  Sections 182(b)(1)(B) and (D)
require the exclusion from the base year inventory of emissions benefits
resulting from the Federal Motor Vehicle Control Program (FMVCP)
regulations promulgated by January 1, 1990, and the Reid Vapor Pressure
(RVP) regulations promulgated June 11, 1990 (55 FR 23666).  The FMVCP
and RVP emissions reductions are determined by the State using EPA’s
on-road mobile source emissions modeling software, MOBILE6.  The FMVCP
and RVP emission reductions are then removed from the base year
inventory by the State, resulting in an adjusted base year inventory. 
The emission reductions needed to satisfy the RFP requirement are then
calculated from the adjusted base year inventory.  These reductions are
then subtracted from the adjusted base year inventory to establish the
emissions target for the RFP milestone year (2008).

For moderate areas like the Philadelphia nonattainment area, the CAA
specifies a 15 percent reduction in ozone precursor emissions over an
initial six year period.  In the Phase 2 rule, EPA interpreted this
requirement for areas that were also designated nonattainment and
classified as moderate or higher for the 1-hour ozone standard.  Also in
the Phase 2 rule, EPA provided that an area classified as moderate or
higher that has the same boundaries as an area, or is entirely composed
of several areas or portions of areas, for which EPA fully approved a 15
percent plan for the 1-hour NAAQS, is considered to have met the
requirements of section 182(b)(1) of the CAA for the 8-hour NAAQS.  In
this situation, a moderate nonattainment area is subject to RFP under
section 172(c)(2) of the CAA and shall submit, no later than 3 years
after designation for the 8-hour NAAQS, a SIP revision that meets the
requirements of 40 CFR 51.910(b)(2).  The RFP SIP revision must provide
for a 15 percent emission reduction (either NOx and/or VOC) accounting
for any growth that occurs during the six year period following the
baseline emissions inventory year, that is, 2002-2008.  The sections 182
and 172 requirements differ in that section 182(b)(1) specifies that it
must be a 15 percent VOC reduction, where section 172(c)(2) provides
that the 15 percent reduction can be either a VOC and/or NOx reduction.

According to EPA’s Phase 2 rule, Delaware must achieve 15 percent VOC
emission reduction in Sussex County from its 2002 baseline level, and 15
percent VOC and/or NOx emission reduction in Kent and New Castle
Counties from their combined 2002 baseline level before the end of 2008.


According to section 182(b)(1)(D) of the CAA, emission reductions that
resulted from the FMVCP and RVP rules promulgated prior to 1990 are not
creditable for achieving RFP emission reductions.  Therefore, the 2002
base year inventory is adjusted by subtracting the VOC and NOX emission
reductions that are expected to occur between 2002 and the future
milestone years due to the FMVCP and RVP rules.  The FMVCP/RVP VOC and
NOx emission reductions that are expected to occur between 2002 and 2008
were determined using EPA’s MOBILE6.2 model. The input and output
files for MOBILE6.2 runs for the adjustments, the emission factors
generated, and the calculations for emission projections are found in
Appendix 4-1 of the Delaware SIP submittal.  The adjustments, in tpd,
are presented in Table 3 for Sussex County and Table 4 for Kent and New
Castle Counties.

Table 3.  Mobile Source FMVCP/RVP Adjustments for Sussex County 

Adjusted On-Road Mobile Source Emissions	VOC	NOx	Note

Adjusted for 2002	16.66	20.24	A

Adjusted for 2008	15.51	18.81	B2008

Mobile Source Adjustments for 2002 Baseline



	 2002 – 2008 	  1.15	  1.42	C2008 = A - B2008



Table 4.  Mobile Source FMVCP/RVP Adjustments for Kent and New Castle
Counties

Adjusted On-Road Mobile Source Emissions	VOC	NOx	Note

Adjusted for 2002	 42.16	56.02	a

Adjusted for 2008	 39.18	51.64	b2008

Mobile Source Adjustments for 2002 Baseline



	2002 – 2008 	2.98	4.38	c2008 = a – b2008



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

Table 5.  The 2002 Adjusted Base Year Emissions Inventory for Sussex
County 

	VOC	NOx	Note

2002 Base Year Emissions Inventory	39.97	57.37	E

Mobile Source Adjustments for 2002-2008	  1.15	  1.42	C2008

2002 Adjusted Baseline Relative to 2008	38.82	55.95	F2008 = E – C2008



Table 6.  The 2002 Adjusted Base Year Emissions Inventory for Kent and
New Castle Counties

	VOC	NOx	Note

2002 Base Year Emissions Inventory	  75.52	141.72	e

Mobile Source Adjustments for 2002-2008	  2.98	    4.38	c2008

2002 Adjusted Baseline Relative to 2008	72.54 	137.34	f2008 = e –
c2008



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

The 15 percent VOC emission reduction and emission target in 2008 in
Sussex County are calculated as follows:

Sussex 2002 adjusted VOC baseline relative to 2008 is 38.82 tpd.

Required 15 percent emission reduction:  38.82 X 15 percent = 5.82 tpd.

2008 VOC emission target:  38.83 – 5.82 = 33.00 tpd.

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

Kent/New Castle 2002 adjusted VOC baseline relative to 2008 is 72.54
tpd.

Required 15 percent emission reduction:  72.54 X 15 percent = 10.88 tpd.

2008 VOC emission target:  72.54 – 10.88 = 61.66 tpd.

C.  Control Measures and Emission Reductions for RFP

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

Table 7.  Sussex County Total VOC Emission Projection (tpd)

Point Source Sector	10.71

Area Source Sector	  6.32

Non-Road Mobile Sector	  8.01

On-Road Mobile Sector	  7.09

Total 2008 Emission Projection	32.13



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

Table 8.  Kent and New Castle Counties Total VOC Emission Projection
(tpd)

Point Source Sector	10.51

Area Source Sector	21.64

Non-Road Mobile Sector	13.81

On-Road Mobile Sector	14.75

Total 2008 Emission Projection	60.71



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

D.  Contingency Measures

The CAA requires States with nonattainment areas to implement specific
control measures if the area fails to make reasonable further progress. 
This CAA provision is a requirement for States with moderate and above
ozone nonattainment areas to include sufficient contingency measures in
their RFP so that, upon implementation of such measures, additional
emission reductions of at least 3 percent of the adjusted 2002 baseline
emissions would be achieved.  Under the same provision of the CAA, EPA
also requires that the contingency measures must be fully adopted
control measures or rules, so that upon failure to meet milestone
requirements, the contingency measures can be implemented without any
further rulemaking activities by the States and/or EPA.  For more
information on contingency measures, see the April 16, 1992 General
Preamble (57 FR 13512) and the November 29, 2005 Phase 2 8-hour ozone
implementation rule (70 FR 71612).

To meet the requirements for contingency emission reductions, EPA allows
States to use NOx emission reductions to substitute for VOC emission
reductions in their contingency plans.  The condition set forth by EPA
for NOx substitution is that States must achieve a minimum of 0.3 VOC
reductions of the total 3 percent contingency reduction, and the
remaining 2.7 percent reduction can be achieved through NOx emission
controls.  Delaware included both VOC and NOx emission controls as
contingency measures in this 8-hour ozone RFP.  

Based on the CAA and EPA requirements on contingency measures, the
contingency VOC reduction for Delaware for the 2008 milestone year is as
follows:  the 2002 VOC baseline (statewide) adjusted to 2008 (see Tables
6 and 7 in this document) is 111.36 tpd, therefore, contingency VOC
emission reduction in 2008 is 111.36 multiplied by 3 percent = 3.34 tpd.

Analysis in Chapter 5.5, page 29 of the Delaware SIP, indicates that the
three counties in Delaware will have a VOC emission reduction surplus of
1.82 tpd in 2008 [i.e., (33.00 + 61.66) – (32.13 + 60.71) = (94.66 –
92.84) = 1.82].  Therefore there is 3.34 – 1.82 = 1.52 tpd contingency
VOC reduction shortfall in 2008. 

Delaware’s 2002 VOC-to-NOx baseline (with respect to 2008) ratio is
(38.82 + 72.54): (55.95 + 137.34) = 111.36:193.29 = 1:1.74 (Section 4,
Tables 4-3 and 4-4 in the Delaware SIP).  Therefore, the contingency VOC
reduction shortfall is equivalent to 1.52 x 1.74 = 2.64 tpd NOx
reduction shortfall.                                                    
                                                                        
    

Delaware has implemented numerous controls leading to NOx reductions in
2008 that are greater than the identified 2.64 contingency shortfall
(see subsections 5.4 and 6.4 of the Delaware SIP).  Therefore, there is
no need to specify additional contingency measures for the 2008
milestone year.

E.  RACM Analysis  

Pursuant to section 172(c)(1) of the CAA, States are required to
implement all RACM as expeditiously as practicable.  Specifically,
section 172(c)(1) states the following: “In general – Such plan
provisions shall provide for the implementation of all reasonably
available control measures as expeditiously as practicable (including
such reductions in emissions from existing sources in the area as may be
obtained through the adoption, at a minimum, of reasonably available
control technology) and shall provide for attainment of the national
primary ambient air quality standards.”

Furthermore, in EPA’s Phase 2 rule, EPA describes how States must
include with their attainment demonstration a RACM analysis (70 FR
71659).  The purpose of the RACM analysis is to determine whether or not
reasonably available control measures exist that would advance the
attainment date for nonattainment areas.  Control measures that would
advance the attainment date are considered RACM and must be included in
the SIP.  RACM are necessary to ensure that the attainment date is
achieved “as expeditious as practicable.”

Control measures under RACT constitute a major group of RACM control
measures for stationary sources. To meet the CAA’s RACT requirements
under the 8-hour ozone standard, Delaware submitted a RACT SIP revision
on October 2, 2006, which certifies that all relevant RACT controls have
been implemented in Delaware for attaining the 8-hour ozone standard. 
EPA approved Delaware’s 8-hour RACT SIP revision on July 23, 2008 (73
FR 42681).  On May 2, 2007, Delaware submitted a new VOC control from
crude oil lightering operations.  EPA approved this rule on September
13, 2007 (72 FR 52285).  In addition to those RACT control measures,
Delaware adopted a number of other VOC and NOx RACM measures.  These
measures include the tightening of Delaware’s Open Burning Regulation,
Control of Stationary Generator Emissions, restrictions on Excessive
Idling of Heavy Duty Vehicles, Control of Stationary Combustion Turbine
Emissions, and the Brandywine School Districts Clean School Bus USA
grant, and voluntary and mandatory Ozone Action Day initiatives.  There
are no additional RACM measures or group of RACM measures that Delaware
could adopt to advance the attainment date from 2009 to 2008, therefore
Delaware has met the RACM requirements of the CAA.

F.  Transportation Conformity Budgets

Section 176 of the CAA requires that highway transportation activities
in ozone nonattainment areas must:  (1) establish in their SIP, mobile
source VOC and NOx emission budgets for each of the milestone years up
to the attainment year and submit the mobile budgets to EPA for
approval; (2) upon adequacy determination or approval of EPA, States
must conduct transportation conformity analysis for their Transportation
Improvement Programs (TIPs) and long range transportation plans to
ensure highway vehicle emissions will not exceed relevant mobile
budgets; and (3) failure of demonstrating such transportation conformity
lapses resulting in freezing of Federal highway funds and all Federal
highway projects in the lapsed area. 

The mobile emission budgets for 2008 RFP milestone are based on the
projected 2008 mobile source emissions, accounting for all relevant
mobile source controls including all Federal controls and Delaware
specific controls.  The 2008 mobile emissions are projected using
EPA’s MOBILE6.2 for obtaining emission factors and the “Peninsula
Travel Demand Model” for predicting future VMT.  Table 9 is a summary
of the 2008 VOC and NOx motor vehicle emissions budgets for the three
counties in Delaware. 

Table 9.  Motor Vehicle Emission Budgets for 2008

County	FIPS	2008 Emissions (tpd)



VOC	NOx

Kent	10001	  4.14	  9.68

New Castle	10003	10.61	21.35

Sussex	10005	  7.09	12.86

State Total

21.84	43.89



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

V.  What are EPA's Conclusions?

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

VI.  What are Statutory and Executive Order Reviews?   

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

is not a "significant regulatory action” subject to review by the
Office of Management and Budget under 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 (Public Law 104-4);

does not have Federalism implications as specified in Executive Order
13132 (64 FR 43255, August 10, 1999);

is not an economically significant regulatory action based on health or
safety risks subject to Executive Order 13045 (62 FR 19885, April 23,
1997); 

is not a significant regulatory action subject to Executive Order 13211
(66 FR 28355, May 22, 2001); 

is not subject to requirements of Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note)
because application of those requirements would be inconsistent with the
CAA; and 

does not provide EPA with the discretionary authority to address, as
appropriate, disproportionate human health or environmental effects,
using practicable and legally permissible methods, under Executive Order
12898 (59 FR 7629, February 16, 1994).

In addition, this proposed rule pertaining to Delaware’s RFP Plan,
2002 base year emissions inventory, contingency measures, RACM analysis,
and transportation conformity budgets, does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52  

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



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

                                                                     
William C. Early, Acting

                                                                      
Regional Administrator

____January 6, 2010_____________         	____________________________

Dated:                                                      	Shawn M.
Garvin,

                                                                 
Regional Administrator,

                                                                 	Region
III.

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