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.