	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:  Final rule.

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

EFFECTIVE DATE:  This final rule is effective on [insert date 30 days
from date of publication].

ADDRESSES:  EPA has established a docket for this action under Docket
ID Number EPA-R03-OAR-2009-0712.  All documents in the docket are listed
in the www.regulations.gov website.  Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute.  Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form.  Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103.  Copies of the State
submittal are available at the Delaware Department of Natural Resources
& Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover,
Delaware 19903.

 

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

SUPPLEMENTARY INFORMATION:  

I.  Background	

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

II.  Summary of SIP Revision

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



III.  Final Action

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

IV.   Statutory and Executive Order Reviews 

A.   General Requirements 

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

is not a "significant regulatory action” subject to review by the
Office of Management and Budget under Executive Order 12866 (58 FR
51735, October 4, 1993);  

does not impose an information collection burden under the provisions of
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

is certified as not having a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.);  

does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (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 rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP
is not approved to apply in Indian country located in the state, and EPA
notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law.

B.   Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating the
rule must submit a rule report, which includes a copy of the rule, to
each House of the Congress and to the Comptroller General of the United
States.  EPA will submit a report containing this action and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register.  A major rule cannot
take effect until 60 days after it is published in the Federal Register.
 This action is not a “major rule” as defined by 5 U.S.C. 804(2). 

C.  Petitions for Judicial Review

Under section 307(b)(1) of the CAA, petitions for judicial review of
this action must be filed in the United States Court of Appeals for the
appropriate circuit by [Insert date 60 days from date of publication of
this document in the Federal Register].  Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action. 
This action pertaining to the Delaware’s RFP Plan, 2002 base year
emissions inventory, contingency measures, RACM analysis, and
transportation conformity budgets, may not be challenged later in
proceedings to enforce its requirements.  (See section 307(b)(2).)

List of Subjects in 40 CFR part 52  

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

                                                                        
          W. C. Early, Acting

                                                                        
           Regional Administrator

_March 25, 2010___                                                 
________________________

Dated:                            				Shawn M. Garvin, 

							Regional Administrator,

							EPA Region III.

40 CFR part 52 is amended as follows: 

PART 52 - [AMENDED] 

1.  The authority citation for part 52 continues to read as follows: 

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

Subpart I( Delaware	 

2.  In ( 52.420, the table in paragraph (e) is amended by adding at the
end of the table, the entries for Reasonable Further Progress Plan
(RFP), Reasonably Available Control Measures and Contingency Measures;
2002 Base Year Inventory for VOC, NOx and CO; and 2008 RFP
Transportation Conformity Budgets for the Delaware Portion of the
Philadelphia 1997 8-hour Ozone Moderate Nonattainment Area. The
amendments read as follows: 

( 52.420  		Identification of plan.

*		*		*		*		*

(e) * * *

Name of non-regulatory SIP revision	Applicable geographic or
nonattainment area	State submittal date	EPA approval date	Additional
explanation

*     *     *     *     *     *     *     

Reasonable Further Progress Plan (RFP), Reasonably Available Control
Measures, and Contingency Measures 	Delaware portion of the Philadelphia
1997 8-hour ozone moderate nonattainment area	6/13/07	[Insert Federal
Register publication date] [Insert page number where the document
begins]

	2002 Base Year Inventory for VOC, NOx, and CO	Delaware portion of the
Philadelphia 1997 8-hour ozone moderate nonattainment area	6/13/07
[Insert Federal Register publication date] [Insert page number where the
document begins]

	2008 RFP Transportation Conformity Budgets 	Delaware portion of the
Philadelphia 1997 8-hour ozone moderate nonattainment area	6/13/07
[Insert Federal Register publication date] [Insert page number where the
document begins]

	

*	*	*	* 	*

3.   Section 52.423 is amended by revising the title and by adding
paragraph (b) to read as follows:

§ 52.423   		Base Year Emissions Inventory 

*	*	*	*	* 

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

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

( 52.426  		 Control strategy plans for attainment and rate-of-progress:
 ozone.

*	*	*	*	*

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

(h)  EPA approves the following 2008 RFP motor vehicle emissions budgets
(MVEBs) for the Delaware portion of the Philadelphia 1997 8-hour ozone
moderate nonattainment area submitted by the Secretary of the Department
of Natural Resources and Environmental Control on June 13, 2007:

Transportation Conformity Emissions Budgets for the Delaware Portion of
the Philadelphia Area for the 2008 Rate of Progress Plan

County	2008 Emissions (tons per day)	Effective date of adequacy
determination or SIP approval

	VOC	NOx	

January 5, 2009, (73 FR 77682), published December 19, 2008.

Kent	  4.14	  9.68

	New Castle	10.61	21.35

	Sussex	  7.09	12.86

	State Total	21.84	43.89

	

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