UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

1650 Arch Street

Philadelphia, Pennsylvania 19103

                                         August 26, 2013                
                                



SUBJECT:	

Supplemental Technical Support Document - Adequacy Findings for the
Motor Vehicle Emissions Budgets in the Attainment Demonstration for the
Delaware Portion of the Philadelphia-Wilmington-New Jersey 1997 Fine
Particulate (PM2.5) National Ambient Air quality Standard (NAAQS)
Nonattainment Area 





FROM:	             /s/

Gregory Becoat,  

Office of Air Program Planning (3AP30)	





TO:	

Administrative Record for the Adequacy Findings for the Motor Vehicle
Emissions Budgets in the Attainment Demonstration for the Delaware
Portion of the Philadelphia-Wilmington-New Jersey City 1997 PM2.5 NAAQS
Nonattainment Area 

           /s/	



THRU:	Cristina Fernandez, Associate Director,

Office of Air Program Planning (3AP30)

	

I.  Background

On April 3, 2008, the Delaware Department of Natural Resources and
Environmental Control (DNREC) formally submitted a State Implementation
Plan (SIP) revision to satisfy the attainment demonstration requirements
of the Clean Air Act (CAA) pursuant to the 1997 PM2.5 NAAQS for the
Philadelphia-Wilmington-New Jersey PM2.5 Nonattainment Area.  On April
25, 2012, DNREC submitted a formal supplement to the SIP revision that
was submitted on April 3, 2008 in order to:  (1) replace the MOBILE6.2
model on-road mobile emission budget with a budget that is based on the
Motor Vehicle Emissions Simulator (MOVES) model for milestone year 2009;
(2) demonstrate that the MOVES-based mobile source budget is consistent
with attainment of the 1997 PM2.5 NAAQS by 2010; (3) demonstrate that
the contingency requirements of the CAA are met; and (4) establish
out-year 2012 on-road mobile emissions budget for New Castle County for
PM2.5 and nitrogen oxides (NOx).  

On November 20, 2012, EPA posted a notice 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 and to inform
the public of the availability of the SIP on www.regulations.gov, docket
number EPA–R03–OAR–2010–0141.  EPA’s adequacy review of the
motor vehicle emissions budgets and the opportunity for public comment
on the SIP revision were concurrent.  A Notice of Proposed Rulemaking
(NPR) was published in the Federal Register on November 19, 2012 (77 FR
69399) proposing approval of the revision to the SIP in accordance with
the requirements of the CAA.

The purpose of this supplemental technical support document (TSD) is to
reflect corrections of typographical errors on the technical support
document associated with the NPR published on November 19, 2012 (77 FR
69399) entitled, “Technical Support Document - Adequacy Findings for
the Motor Vehicle Emissions Budgets in the Attainment Demonstration for
the Delaware Portion of the Philadelphia-Wilmington-New Jersey 1997 Fine
Particulate (PM2.5) National Ambient Air quality Standard (NAAQS)
Nonattainment Area,” and to establish out-year 2012 on-road mobile
emissions budget for New Castle County for PM2.5 and NOx.  

II.  Transportation Conformity Requirements

Under section 176(c) of the CAA, new transportation plans, programs, and
projects, such as the construction of new highways, must “conform”
to (i.e., be consistent with) the part of the state’s air quality plan
that addresses pollution from cars and trucks.  The CAA requires federal
actions in nonattainment and maintenance areas to “conform to” the
goals of SIP.  This means that such actions will not cause or contribute
to violations of NAAQS; worsen the severity of an existing violation; or
delay timely attainment of any NAAQS or any interim milestone.   

For motor vehicle budgets (MVEBs) to be approvable, they must meet, at a
minimum, EPA’s adequacy criteria found at 40 CFR 93.118(e)(4). 
EPA’s adequacy criteria are:  (1) the submitted control strategy
implementation plan was endorsed by the Governor or designee and was
subject to a State public hearing; (2) consultation among Federal,
State, and local agencies occurred; full implementation plan
documentation was provided to EPA; and EPA's stated concerns, if any,
were addressed before the control strategy implementation plan was
submitted; (3) the MVEBs are clearly identified and precisely
quantified; (4) the MVEBs, when considered together with all other
emissions sources, are consistent with applicable requirements for
maintenance; (5) the MVEBs are consistent with and clearly related to
the emissions inventory and the control measures in the submitted
control strategy implementation plan; and (6) revisions to previously
submitted maintenance plans 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; and
reasons for the changes (including the basis for any changes related to
emission factors or estimates of vehicle miles traveled).

III.   Administrative Requirements for Making Adequacy Findings  

We have followed the process for determining the adequacy of the
submitted SIP 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.”  EPA
will be issuing a supplemental NPR for a 30-day public comment period
soliciting public comment for the approvability of Delaware’s SIP
submission.  The supplemental NPR also proposes approval of the changes
to the MVEBs for milestone year 2009 and the out-year 2012 on-road
mobile emissions budget for New Castle County for PM2.5 and NOx. 
Concurrently with EPA’s supplemental NPR, 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 TSD. 

As stated previously, a typographical error was made on the MVEBs for
year 2009 in the TSD associated with the NPR published on November 19,
2012 and are corrected in Table 1 as follows:

Table 1

The Budgets of the Delaware Portion of the Philadelphia-Wilmington-New
Jersey 1997 PM2.5 NAAQS Attainment Demonstration

Plan

Submittals	

Milestone 

Year	

Mobile Vehicle Emissions Budget for Direct PM-Tons Per Year	

Mobile Vehicle Emissions Budget for NOx-Tons Per Year

	Attainment Plan Demonstration	2009	      257	   8,448

	

Shown below in Table 2 are the 2 sets of budgets established as the 2012
on-road mobile emissions budget for New Castle County for PM2.5 and NOx.

Table 2

The 2012 out-year budgets of the Delaware Portion of the
Philadelphia-Wilmington-New Jersey 1997 PM2.5 NAAQS Attainment
Demonstration

Plan

Submittals	

Out-Year	

Mobile Vehicle Emissions Budget for Direct PM-Tons Per Year	

Mobile Vehicle Emissions Budget for NOx-Tons Per Year

	Attainment Plan Demonstration	2012	      199	   6,273

	

IV. Evaluation of the Adequacy of the MVEBs Budgets in the Attainment
Demonstration for the Delaware Portion of the
Philadelphia-Wilmington-New Jersey 1997 NAAQS PM2.5  Nonattainment Area
Submitted by DNREC on April 25, 2012

In this TSD, we are evaluating the MVEBs associated with the 2009
attainment demonstration plan contained in the April 25, 2012 SIP
revision, for conformity purposes.  We are using the evaluation criteria
detailed in the Transportation Conformity Rule, 40 CFR part
93.102(b)(2)(v), 93.102(b)(2)(v), 93.102(b)(3), and part 93, 93.118(e)4
through 93.118(e)5.  The evaluation is presented in Table 3, below.

Table 3

Adequacy of the MVEBs Contained in the Attainment Demonstration for the
Delaware Portion of the Philadelphia-Wilmington-New Jersey 1997 NAAQS
PM2.5 Nonattainment Area

Transportation Conformity Rule

40 CFR Part 93, 93.118	

Review Criteria	

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

93.102(b)(2)(iv)	Have EPA and the State made a finding that NOx is an
insignificant contributor to the direct mobile PM emissions?	EPA and the
State have not made such a finding.

93.102(b)(2)(v)	Has EPA or State made a finding that VOCs, Sulfur Oxides
(SOx) or Ammonia (NH3) as precursors to be a significant contributor to
the mobile PM2.5 emissions?	Neither EPA or the State has made such a
finding.

93.102(b)(3)	Has the EPA or the State made a finding that re-entrained
road dust is a significant contributor to the PM mobile emissions?
Neither EPA or the State has made such a finding.

Sec. 93.118(e)(4)(i)	Was the submitted revised plan endorsed by the
Governor (or his or her designee) and subject to a State public hearing?

	Yes.  The submitted attainment demonstration was endorsed and submitted
as a SIP revision by the Governor’s designee, the Secretary of the
DNREC, and a public hearing was held on December 28, 2011.

Sec. 93.118(e)(4)(ii)	Before the attainment demonstration 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)	Was the motor vehicle emissions budget(s)
clearly identified and precisely quantified?	Yes, the budgets are
clearly identified on pages 7 and 8 (Sections 2 and 3) of the April 25,
2012 submittal containing the revised attainment demonstration.  



Sec. 93.118(e)(4)(iv)	Is the motor vehicle emissions budget(s), when
considered together with all other emission reductions, consistent with
applicable requirements for attainment demonstrations?

	EPA believes the budgets can be declared adequate because in
conjunction with the other emission reductions, they   demonstrate
attainment for 2010 and the chosen out-year of 2012 is appropriate.  



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

Is the motor vehicle emissions budget(s) consistent with and clearly
related to the emissions inventory and the control measures in the Plan?


EPA believes that the budgets are clearly related to the emissions
inventory and the control measures in the SIP submittal.



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

Revisions to previously submitted attainment demonstrations:  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 plan explains that the additional budgets are established for
the purpose of conformity determinations for years beyond the attainment
year.



Sec. 93.118(e)(5)	

Did they provide and we review public comments and the State’s
responses to those comments with the submitted control strategy SIP?	

Yes



V. Findings 

Based upon our review and evaluation of the MVEBs contained in DNREC’s
April 25, 2012 submittal of the attainment plan for the Delaware 1997
PM2.5 NAAQS nonattainment area, we find the MVEBs adequate for
conformity purposes.    



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