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 Me a s u re s , 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 prop osing to approve a revision to the Delaware State Implementation Plan (SI P) 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. E PA is also proposing to approve the RFP motor vehicle emissions budgets (MVEBs) , the 2002 base y ear emissions inventory , contingency measures, and the reasonably available control measure (RACM) analy sis associated with this revision . EPA is proposing to approve the SI P 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 area s classified as mod erate and demonstrates further progress in reducing ozone precursors. EPA is proposing to approve the SI P 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 day s from date of publication ].2

ADDRESSES: Submit y our comments, identified by Docket I D 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: fernandez.cristina@epa.gov . C. Mail: EPA - R03 - OAR - 2009 - 0712 , Cristina Fernandez, Associate Director , Office of Air Program Planning, Mailcode 3AP 30 , U.S. Environmental Protection Agency , Region I II, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery : At the previously - listed EPA Region I II 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 I D 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 , includin g any personal information provided, unless the comment includes information claimed to be Confidential Business In formation (CBI ) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBIor oth erwise protected through www.regulations.gov or e - mail. The www.regulations.gov website is an A anony mous access @ sy stem, which means EPA will not know y our identity or contact information unless you provide it in the body of y our comment. I f y ou send an e - mail comment directly to EPA without going through www.regulations.gov , yo ur e - mail address will be automatically captured and included as part of the comment that is placed in the public docket and made availa ble on the Internet. I f y ou submit3

an electronic comment, EPA recommends that you include your name and other contact information in the body

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form of encry

ption, 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 copy righted mater ial, 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 Div ision, U.S. Environmental Protection Agency , Region I II, 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 14 01, 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.4

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? I V. What are the Statutory an d Executive Order Reviews ?

I. What Act ion is EPA Taking ? EPA is proposing to approve a revision to the Delaware SI P submitted by the Delaware Department of Natural Resources and Environmental Control (DNREC) on June 13, 2007, to meet the emissions invent ory 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 y ear emissions inventory , the 15 percent RFP plan, the RFP 2008 MVEBs , contingency

me asures, and RACM analy sis . 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. E PA is proposing to approve the SI P revision pursuant to section 11 0 and part D of the CAA and EPA regulations.

II. What is the Background for This Action? In1997, 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 on5

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 - exist ing 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 Apri l 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, 2 004. 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 trig gered the CAA ’s s ection 110(a)(1) r equirement that S tates must submit attainment demonstrations for their nonattainment areas to EPA by no later than three y ears after the promulgation of a NAAQS. Accordingly , EPA’s Phase 1 8 - hour ozone imp lementation rul e (Phase 1 r ule) , published on April 30, 200 4 (69 FR 23951) specifies that S tates must submit attainment demonstrations for their nonattainment areas to EPA by no later than three y ears from the effective date of designation, that is, by June 15, 2007.

Pursuant to the Phase 1 r

ule , an area was classified under subpart 2 of the CAA based on its6

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 criterio n, Delaware , as part of the Philadelphia nonattainment area was classified under subpart 2 as a moderate nonattainment area. On November 2 9, 2005 (70 FR 71612) , as revised on June 7, 2007 (72 FR 31727) , EPA published the Phase 2 final rule for implementati on of the 8 - hour standard (Phase 2 r ule) that addres sed the RFP control and planning obligations as they apply to areas designated nonattainment for the 1997 8 - hour ozone NAAQS . T he Phase 1 and 2 r ules outline the SI P requirements and deadlines for variou s requirements in areas designated as moderate nonattainment. For such areas , reasonably available control technology (RACT) plans were due by Septembe r 2006 (40 CFR 51.912(a)(2)). The rules further require that modeling and attainment demonstrations, RF P plans, RACM , projection y ear 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 SI P, 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?7

EPA’s analy sis 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 av ailable 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 SI P 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 SI P revision on July 23, 2008 (73 FR 4 2681). On May 2, 2007, Delaware submitted a new VOC control f r o m 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 SI P. The SI P submittal included an attainment demonstration plan , RFP plans for 2008 and 2009, RACM analy sis , contingency measures, on - road motor vehicle emission budgets , and the 2002 base y ear emissions inventory . These SI P revisions were subject to notice and comment by the public and the State addressed the comments received on the proposed SI Ps. All sections of this SI P submittal with the exception of the attainment demonstration plan will be discussed in this rulemaking. The attainment demon stration plan sections of this SI P submittal will be discussed in a separate rulemaking.
A. Base Year Emission s Inventor y An emissions inventory

is a comprehensive, accurate, current inventory of actual emissions from all sources and is required by sec tion 172(c)(3) of the CAA. For ozone nonattainment areas, the8

emissions inventory

needs to cont ain VOC and NOx emissions because these pollutants are precursors to ozone formation. EPA recommended 2002 as the base y ear emissions inventory , and is therefo re the starting point for calculating RFP . Delaware submitted its 2002 b ase y ear emission s inventor

y on June 13, 2007. A summary of the 2002 base y ear VOC and NOx emission s inventor

y , 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

Ar ea 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 de termining 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 y ear 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, 199 0 (55 FR 23666 ) . The9

FMVCP and RVP emissions reductions are determined by the State using EPA’s on - road mobile source emissions modeling software, MOBI LE6. The FMVCP and RVP emission reductions are then removed from the base y ear inventory by the State, resulting in an adjusted base y ear inventory . The emission reductions needed to satisfy the RFP requirement are then calculated from the adjusted base y ear inventory . These reductions are then subtracted from the adjusted base y ear inventory

to establish the emissions target for the RFP milestone y ear (2008).
For moderate areas like the Philadelphia nonattainment area , the CAA specifies a 15 percent reduction in ozone precursor emissions over an initial six y ear period . Inthe Phase 2 r ule, EPA interpre ted 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 r ule, 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 situatio n, a moderate nonattainment area is subject to RFP under section 172(c)(2) of the CAA and shall submit, no later than 3 y ears after designation for the 8 - hour NAAQS, a SI P revision that meets the requirements of 40 CFR 51.910(b)(2). The RFP SI P revision must provide for a 15 percent emission reduction (either NOx and/or VOC) accounting for any

growth that occurs during th e six y ear period following the baseline emissions inventory y ear , that is, 2002 - 2008. The section s 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.10

According to EPA’s Phase 2 r ule , Delaware must achieve 15 percent VOC emis sion 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.
A ccording to section 182(b)(1)(D) of the CAA, e mission reductions that resulted from the F MVCP and RVP rules promulgated prior to 1990 are not creditable for achieving RFP emission reductions. Therefore, the 2002 base y ear 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 MOBI LE6.2 model. The input and outp ut files for MOBI LE6.2 runs for the adjustments, the emission factors generated , and the calculations for emission projections are found in Appendix 4 - 1 of the Delaware SI P 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 B 2008 Mobile Source Adjustme nts for 2002 Baseline

2002

– 2008 1.15 1.42 C 200 8 = A - B 200811

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 b 2008 Mobile Source Adjustments for 2002 Baseline

2002

– 2008 2.98 4.38 c 200 8 = a – b 2008 The mobile source adjustments in Tables 3 and 4 are the non - cr e d i table emission reductions due to the pre - 1990 FMVCP and RVP rules. Subtra cting these adjustments from th e 2002 base ye ar emissions inventory (i.e., the S tate total emissions in Tables 1 and 2) will give the 2002 adjusted base y ear emissions inventory relative to the subject milestone year, as presented in Table 5 for Sussex County

and Table 6 for Kent and N ew 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 C 2008 20 02 Adjusted Baseline Relative to 2008 38.82 55.95 F 2008 = E

– C 200 8 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 f or 2002 - 2008 2.98 4.38 c 200 8 2002 Adjusted Baseline Relative to 2008 72.54 137.34 f 200 8 = e – c 200 8 By the end of 2008, Delaware is required to reduce 15 percent in its 2002 adjusted base y ear emissions inventory . According to the Phase 2 r ule , Sussex County

must achieve this 15 percent reduction in its VOC emission, since it did not have a 15 percent VOC rate - of - progress plan12

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 perc ent 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 poi nt source VOC control in Sussex County is Regulation No. 24, Section 46, Control of Crude Oil L ightering 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 be tween 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 /unit13

shutdown or modification. The 2008 on - road mobile source VOC emissions were projected using EPA’ s MOBI LE6.2 for obtaining factors and the P eninsula Travel Demand Model (PTDM) for predicting future vehicle miles traveled (VMT). Tables 7 and 8 summarize the total 2008 VOC emission projection s, 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 Suss ex 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 Th e 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.14

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 ful ly

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 th e 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 c an 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 baseline15

(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.
Anal ys is in Chapter 5.5, page 29 of the Delaware SI P, 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 SI P). 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 SI P). Therefore, there is no need to specify additional contingency

measures for the 2008 mil estone ye ar.
E. RACM Analysis Pursuant to section 172(c)(1) of the CAA , S tates 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 f or the implementation of all reasonably available control16

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 r ule , EPA describes how S tates must include with their attainment demonstration a RACM analy sis (70 FR 71659). The purp ose of the RACM analy sis 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 mus t be inc luded in the SI P. RACM are necessary to ensure that the attainment date is achieved “as expeditious as practicable.”
Control measures under RA C T 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 SI P revision o n 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 SI P 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 I dling of Heavy Duty Vehicles, Control of17

Stationary

Combustion Turbine Emissions, and the Brandy wine 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 attainme nt 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 SI P, mobile source VOC and NOx emission budgets for each of the milestone y ears 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 analy sis for their Transportation Improvement Programs (TI Ps) 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 inclu ding all Federal controls and Delaware specific controls. The 2008 mobile emissions are projected using EPA’s MOBI LE6.2 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 emission s budgets for the three counties in Delaware.18

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 rec eived. 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, Delawar e 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 SI P revision to meet the RFP re quirements of the CAA for the De laware portion of the Philadelphia 1997 8 - hour ozone moderate nonattainment area. EPA is also proposing approval of the RFP MVEBs , the 2002 base y ear emissions inventory , contingency

measures, and RACM analy sis associated with this revision. EPA is propo sing approval of the SI P 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 progre ss in reducing ozone precursors.19

V I . What are Statutory and Executive Order Reviews ? Under the CAA , the Administrator is required to approve a SI P 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, i n reviewing SI P 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, Octobe r 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 L aw 104 - 4) ;
 d oes not have Federalism implications a s 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);20

 is not a significant regulatory actio n 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 inc onsi stent 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, F ebruary 16, 1994).21

Inaddition, this proposed rule pertaining to Delaware ’s RFP Plan, 2002 base y ear emissions i nventory , contingency

measures, RACM analy sis, and transportation conformity b udgets , does not have tribal implications as specifi ed by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SI P 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 _____________ ____________________________ Date d: Shawn M. Garvin , Regional Administrator, Region I II.