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]. 
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ADDRESSES: Submit your comments, identified by Docket ID Number EPA-R03-OAR2009-0712 by one of the following methods:

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

B. E-mail: 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 Aanonymous 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 

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 
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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 quinto.rose@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, whenever “we,” “us,” or 

“our” is used, we mean EPA.
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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 
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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-WilmingtonAtlantic 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 
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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?
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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 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 
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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 
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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.
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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
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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 
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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 
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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.
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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 
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(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 
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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 
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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.
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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.
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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); 
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 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).
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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.