Federal Register / Vol. 79, No. 70 / Friday, April 11, 2014 / Proposed Rules 20139 

Extension of Comment Period 

The comment period for Docket No. 

FAA–2013–0981, Directorate Identifier 

2013–NM–032–AD, has been revised. 

The comment period now closes May 6, 

2014. 

No other part of the regulatory 

information has been changed; 

therefore, the NPRM (78 FR 73739, 

December 9, 2013) is not republished in 

the Federal Register. 

Issued in Renton, Washington, on April 4, 

2014. 

Michael J. Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–08144 Filed 4–10–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter VI 

Negotiated Rulemaking Committee, 

Notice of Additional Committee 

Meeting—Title IV Federal Student Aid 

Programs, Program Integrity and 

Improvement 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Notice of intent to establish 

negotiated rulemaking committee. 

SUMMARY: On November 20, 2013, we 

announced our intention to establish a 

negotiated rulemaking committee to 

prepare proposed regulations to address 

program integrity and improvement 

issues for the Federal Student Aid 

Programs authorized under Title IV of 

the Higher Education Act of 1965, as 

amended (HEA), (Title IV Federal 

Student Aid Programs). We also 

announced the schedule for three 

sessions of committee meetings. We 

now announce the addition of a fourth 

session, consisting of two days of 

committee meetings to focus on the 

development of proposed regulations to 

define ‘‘adverse credit’’ for borrowers in 

the Federal Direct PLUS Loan Program. 

DATES: The dates, times, and locations 

of the fourth session are set out in the 

Schedule for Negotiations section under 

SUPPLEMENTARY INFORMATION, below. 

FOR FURTHER INFORMATION CONTACT: For 

information about the content of this 

notice, including information about the 

negotiated rulemaking process, contact: 

Wendy Macias, U.S. Department of 

Education, 1990 K Street NW., room 

8017, Washington, DC 20006. 

Telephone: (202) 502–7526 or by email: 

wendy.macias@ed.gov. 

For general information about the 

negotiated rulemaking process, see The 

Negotiated Rulemaking Process for Title 

IV Regulations, Frequently Asked 

Questions at http://www2.ed.gov/policy/ 

highered/reg/hearulemaking/hea08/negreg-faq.html. 

If you use a telecommunications 

device for the deaf or text telephone, 

call the Federal Relay Service, toll free, 

at 1–800–877–8339. 

Individuals with disabilities can 

obtain this document in an accessible 

format (e.g., braille, large print, 

audiotape, or compact disc) on request 

to the program contact person listed 

under FOR FURTHER INFORMATION

CONTACT. 

SUPPLEMENTARY INFORMATION: On 

November 20, 2013, we published a 

document in the Federal Register (78 

FR 69612) announcing our intention to 

establish a negotiated rulemaking 

committee to prepare proposed 

regulations to address program integrity 

and improvement issues for the Title IV 

Federal Student Aid Programs. In that 

notice, we set a schedule for three 

sessions of committee meetings and 

requested nominations for individual 

negotiators who represent key 

stakeholder constituencies for the issues 

to be negotiated to serve on the 

committee. 

At the committee meeting on March 

26, 2013, the Department proposed that 

a fourth committee meeting be 

scheduled to ensure that the Committee 

had sufficient time to discuss the issues, 

in view of additional time being devoted 

to the gathering and consideration of 

data pertinent to defining ‘‘adverse 

credit’’ for borrowers in the Federal 

Direct PLUS Loan Program. The 

Committee approved the proposal by 

consensus. 

We now announce the addition of a 

fourth session consisting of committee 

meetings to take place May 19–20, 2014, 

to focus on the development of 

proposed regulations to define ‘‘adverse 

credit,’’ but also to discuss, subject to 

time available, any other issues 

remaining open from the initial three 

meetings. The meetings will run from 9 

a.m. to 5 p.m. The schedule for the 

fourth session follows. 

Schedule for Negotiations: The 

committee will meet for its fourth and 

final session on May 19–20, 2014. The 

meetings will run from 9 a.m. to 5 p.m. 

The meetings will be held at the U.S. 

Department of Education at: 1990 K 

Street NW., Eighth Floor Conference 

Center, Washington, DC 20006. The 

meetings are open to the public. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 

can view this document, as well as all 

other documents of the Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at the site. You may also 

access documents of the Department 

published in the Federal Register by 

using the article search feature at: 

www.federalregister.gov. Specifically, 

through the advanced search feature at 

this site, you can limit your search to 

documents published by the 

Department. 

Program Authority: 20 U.S.C. 1098a. 

Dated: April 8, 2014. 

Lynn B. Mahaffie, 

Senior Director, Policy Coordination, 

Development, and Accreditation Service, 

delegated the authority to perform the 

functions and duties of the Assistant 

Secretary for Postsecondary Education. 

[FR Doc. 2014–08211 Filed 4–10–14; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R03–OAR–2014–0022; FRL–9909–41– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Redesignation Requests, 

Associated Maintenance Plans, and 

Motor Vehicle Emissions Budgets for 

the Delaware Portion of the 

Philadelphia-Wilmington, PA-NJ-DE 

Nonattainment Area for the 1997 

Annual and 2006 24-Hour Fine 

Particulate Matter Standards, and the 

2007 Comprehensive Emissions 

Inventory for the 2006 24-Hour Fine 

Particulate Matter Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

the State of Delaware’s requests to 

redesignate to attainment the Delaware 

portion of the Philadelphia-Wilmington, 

PA-NJ-DE nonattainment area (hereafter 

‘‘the Philadelphia Area’’ or ‘‘the Area’’) 

for both the 1997 annual and the 2006 

24-hour fine particulate matter (PM2.5) 

National Ambient Air Quality Standards 

(NAAQS or standards). EPA is also 

proposing to approve as revisions to the 

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20140 Federal Register / Vol. 79, No. 70 / Friday, April 11, 2014 / Proposed Rules 

Delaware State Implementation Plan 

(SIP), the associated maintenance plans 

to show maintenance of the 1997 annual 

and the 2006 24-hour PM2.5 NAAQS 

through 2025 for the Delaware portion 

of the Area. EPA is also proposing to 

approve the motor vehicle emissions 

budgets (MVEBs) included in 

Delaware’s maintenance plans for the 

Delaware portion of the Area for both 

the 1997 annual and 2006 24-hour PM2.5

standards. EPA is also proposing to 

determine that the Delaware portion of 

the Philadelphia Area continues to 

attain both the 1997 annual and the 

2006 24-hour PM2.5 NAAQS. In 

addition, EPA is proposing to approve 

the 2007 emissions inventory for the 

Delaware portion of the Area for the 

2006 24-hour PM2.5 NAAQS. In this 

rulemaking action, EPA also addresses 

the effects of two decisions of the 

United States Court of Appeals for the 

District of Columbia (D.C. Circuit or 

Court): The Court’s August 21, 2012 

decision to vacate and remand to EPA 

the Cross-State Air Pollution Control 

Rule (CSAPR); and the Court’s January 

4, 2013 decision to remand to EPA two 

final rules implementing the 1997 

annual PM2.5 standard. This rulemaking 

action to propose approval of the 1997 

annual and 2006 24-hour PM2.5 NAAQS 

redesignation requests and associated 

maintenance plans for the Delaware 

portion of the Philadelphia Area is 

based on EPA’s determination that 

Delaware has met the criteria for 

redesignation to attainment specified in 

the Clean Air Act (CAA) for both the 

1997 annual and 2006 24-hour PM2.5

standards. EPA has taken separate 

rulemaking action to approve the 

redesignation of the New Jersey portion 

of the Philadelphia Area for the 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

See 78 FR 54396. 

DATES: Written comments must be 

received on or before May 12, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2014–0022 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: Fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2014–0022, 

Cristina Fernandez, Associate Director, 

Office of Air Quality Planning, Mailcode 

3AP30, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted 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–2014– 

0022. 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 email. The www.regulations.gov Web 

site is an ‘‘anonymous 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 email 

comment directly to EPA without going 

through www.regulations.gov, your 

email 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 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 and Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19903. 

FOR FURTHER INFORMATION CONTACT: 

Maria A. Pino, (215) 814–2181, or by 

email at pino.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. EPA’s Requirements 

A. Criteria for Redesignation to Attainment 

B. Requirements of a Maintenance Plan 

III. Summary of Proposed Actions 

IV. Effects of Recent Court Decisions on 

Proposed Actions 

A. Effect of the August 21, 2012 D.C. 

Circuit Decision Regarding EPA’s CSAPR 

B. Effect of the January 4, 2013 D.C. Circuit 

Decision Regarding PM2.5

Implementation Under Subpart 4 of Part 

D of Title I of the CAA 

V. EPA’s Analysis of Delaware’s Submittals 

A. Redesignation Requests 

B. Maintenance Plans 

C. Motor Vehicle Emissions Budgets 

VI. Proposed Actions 

VII. Statutory and Executive Order Reviews 

I. Background 

The first air quality standards for 

PM2.5 were established on July 16, 1997 

(62 FR 38652, July 18, 1997). EPA 

promulgated an annual standard at a 

level of 15 micrograms per cubic meter 

(mg/m3), based on a three-year average of 

annual mean PM2.5 concentrations (the 

1997 annual PM2.5 standard). In the 

same rulemaking action, EPA 

promulgated a 24-hour standard of 65 

mg/m3, based on a three-year average of 

the 98th percentile of 24-hour 

concentrations. 

On January 5, 2005 (70 FR 944, 1014), 

EPA published air quality area 

designations for the 1997 PM2.5

standards. In that rulemaking action, 

EPA designated the Philadelphia Area 

as nonattainment for the 1997 annual 

PM2.5 standard. The Philadelphia Area 

is comprised of New Castle County in 

Delaware (the Delaware portion of the 

Area); Burlington, Camden, and 

Gloucester Counties in New Jersey; and 

Bucks, Chester, Delaware, Montgomery, 

and Philadelphia Counties in 

Pennsylvania. See 40 CFR 81.308 

(Delaware), 40 CFR 81.331 (New Jersey), 

and 40 CFR 81.339 (Pennsylvania). 

On October 17, 2006 (71 FR 61144), 

EPA retained the annual average 

standard at 15 mg/m 3, but revised the 

24-hour standard to 35 mg/m 3, based 

again on the three-year average of the 

98th percentile of 24-hour 

concentrations (the 2006 annual PM2.5

standard). On November 13, 2009 (74 

FR 58688), EPA published designations 

for the 2006 24-hour PM2.5 NAAQS, 

which became effective on December 

14, 2009. In that rulemaking action, EPA 

designated the Philadelphia Area as 

nonattainment for the 2006 24-hour 

PM2.5 NAAQS. See 77 FR 58775 and 

also see 40 CFR 81.308 (Delaware), 40 

CFR 81.331 (New Jersey), and 40 CFR 

81.339 (Pennsylvania). 

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In response to legal challenges of the 

2006 annual PM2.5 standard, the D.C. 

Circuit remanded this standard to EPA 

for further consideration. See American 

Farm Bureau Federation and National 

Pork Producers Council, et al. v. EPA, 

559 F.3d 512 (D.C. Cir. 2009). However, 

given that the 1997 and 2006 annual 

PM2.5 standards are essentially 

identical, attainment of the 1997 annual 

PM2.5 standard would also indicate 

attainment of the remanded 2006 annual 

PM2.5 standard. Since the Philadelphia 

Area is designated nonattainment for 

the 1997 annual and 2006 24-hour PM2.5

standards, today’s proposed rulemaking 

action addresses the redesignation to 

attainment of the Delaware portion of 

the Philadelphia Area for these 

standards. 

On May 16, 2012 (77 FR 28782) and 

January 7, 2013 (78 FR 882), EPA made 

determinations that the entire 

Philadelphia Area had attained the 1997 

annual and 2006 24-hour PM2.5 NAAQS, 

respectively. Pursuant to 40 CFR 

51.1004(c) and based on these 

determinations, the requirements for the 

Philadelphia Area to submit an 

attainment demonstration and 

associated reasonably available control 

measures (RACM), a reasonable further 

progress (RFP) plan, contingency 

measures, and other planning SIPs 

related to the attainment of either the 

1997 annual or 2006 24-hour PM2.5

NAAQS are suspended until such time 

as: The Area is redesignated to 

attainment for each standard, at which 

time the requirements no longer apply; 

or EPA determines that the Area has 

again violated any of the standards, at 

which time such plans are required to 

be submitted. However, these 

determinations of attainment do not 

preclude states from submitting and 

EPA from approving planning SIP 

revisions for the 1997 or 2006 PM2.5

NAAQS. Delaware submitted an 

attainment plan for the 1997 PM2.5

NAAQS, and EPA approved that plan 

on December 17, 2013 (78 FR 76209). 

On December 12, 2012, the Delaware 

Department of Natural Resources and 

Environmental Control (DNREC) 

formally submitted two separate 

requests to redesignate the Delaware 

portion of the Philadelphia Area from 

nonattainment to attainment for the 

1997 annual and the 2006 24-hour PM2.5

NAAQS, respectively. Each submittal 

included a maintenance plan as a SIP 

revision to ensure continued attainment 

of the standards throughout the 

Delaware portion of the Area over the 

next 10 years. The December 12, 2012 

submittal also includes a 2007 

comprehensive emissions inventory for 

the 2006 24-hour PM2.5 NAAQS. 

In this proposed rulemaking action, 

EPA is taking into account two recent 

decisions of the D.C. Circuit. In the first 

of the two Court decisions, the D.C. 

Circuit, on August 21, 2012, issued EME 

Homer City Generation, L.P. v. EPA, 696 

F.3d 7 (D.C. Cir. 2012), which vacated 

and remanded CSAPR and ordered EPA 

to continue administering the Clean Air 

Interstate Rule (CAIR) ‘‘pending . . . 

development of a valid replacement.’’ 

EME Homer City at 38. The D.C. Circuit 

denied all petitions for rehearing on 

January 24, 2013. In the second 

decision, on January 4, 2013, in Natural 

Resources Defense Council v. EPA, the 

D.C. Circuit remanded to EPA the ‘‘Final 

Clean Air Fine Particle Implementation 

Rule’’ (72 FR 20586, April 25, 2007) and 

the ‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less than 2.5 Micrometers 

(PM2.5)’’ final rule (73 FR 28321, May 

16, 2008). 706 F.3d 428 (D.C. Cir. 2013). 

II. EPA’s Requirements 

A. Criteria for Redesignation to 

Attainment 

The CAA provides the requirements 

for redesignating a nonattainment area 

to attainment. Specifically, section 

107(d)(3)(E) of the CAA allows for 

redesignation providing that: (1) EPA 

determines that the area has attained the 

applicable NAAQS; (2) EPA has fully 

approved the applicable 

implementation plan for the area under 

section 110(k); (3) EPA determines that 

the improvement in air quality is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the applicable SIP 

and applicable Federal air pollutant 

control regulations and other permanent 

and enforceable reductions; (4) EPA has 

fully approved a maintenance plan for 

the area as meeting the requirements of 

section 175A of the CAA; and (5) the 

state containing such area has met all 

requirements applicable to the area 

under section 110 and part D. 

EPA has provided guidance on 

redesignation in the ‘‘State 

Implementation Plans; General 

Preamble for the Implementation of 

Title I of the Clean Air Act Amendments 

of 1990,’’ (57 FR 13498, April 16, 1992) 

(the ‘‘General Preamble’’) and has 

provided further guidance on processing 

redesignation requests in the following 

documents: (1) ‘‘Procedures for 

Processing Requests to Redesignate 

Areas to Attainment,’’ Memorandum 

from John Calcagni, Director, Air 

Quality Management Division, 

September 4, 1992 (hereafter the ‘‘1992 

Calcagni Memorandum’’); (2) ‘‘State 

Implementation Plan (SIP) Actions 

Submitted in Response to Clean Air Act 

(CAA) Deadlines,’’ Memorandum from 

John Calcagni, Director, Air Quality 

Management Division, October 28, 1992; 

and (3) ‘‘Part D New Source Review 

(Part D NSR) Requirements for Areas 

Requesting Redesignation to 

Attainment,’’ Memorandum from Mary 

D. Nichols, Assistant Administrator for 

Air and Radiation, October 14, 1994. 

B. Requirements of a Maintenance Plan 

Section 175A of the CAA sets forth 

the elements of a maintenance plan for 

areas seeking redesignation from 

nonattainment to attainment. Under 

section 175A, the plan must 

demonstrate continued attainment of 

the applicable NAAQS for at least 10 

years after approval of a redesignation of 

an area to attainment. Eight years after 

the redesignation, the state must submit 

a revised maintenance plan 

demonstrating that attainment will 

continue to be maintained for the 10 

years following the initial 10-year 

period. To address the possibility of 

future NAAQS violations, the 

maintenance plan must contain such 

contingency measures, with a schedule 

for implementation, as EPA deems 

necessary to assure prompt correction of 

any future PM2.5 violations. 

The 1992 Calcagni Memorandum 

provides additional guidance on the 

content of a maintenance plan. The 

memorandum states that a PM2.5

maintenance plan should address the 

following provisions: (1) An attainment 

emissions inventory; (2) a maintenance 

demonstration showing maintenance for 

10 years; (3) a commitment to maintain 

the existing monitoring network; (4) 

verification of continued attainment; 

and (5) a contingency plan to prevent or 

correct future violations of the NAAQS. 

III. Summary of Proposed Actions 

EPA is proposing to take several 

rulemaking actions related to the 

redesignation of the Delaware portion of 

the Philadelphia Area to attainment for 

both the 1997 annual and the 2006 24- 

hour PM2.5 NAAQS. EPA is proposing to 

find that the Delaware portion of the 

Area meets the requirements for 

redesignation of the 1997 annual and 

the 2006 24-hour PM2.5 NAAQS under 

section 107(d)(3)(E) of the CAA. EPA is 

thus proposing to approve Delaware’s 

requests to change the legal designation 

of the Delaware portion of the Area from 

nonattainment to attainment for both 

the 1997 annual and 2006 24-hour PM2.5

NAAQS. This rulemaking action does 

not impact the legal designation of the 

New Jersey and Pennsylvania portions 

of the Philadelphia Area. On September 

4, 2013 (78 FR 54396), EPA took 

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separate rulemaking action to 

redesignate to attainment the New 

Jersey portion of the Area for both the 

1997 annual and 2006 24-hour PM2.5

NAAQS. 

EPA is also proposing to approve the 

associated maintenance plans for the 

Delaware portion of the Area as 

revisions to the Delaware SIP for the 

1997 annual and 2006 24-hour PM2.5

NAAQS, including the MVEBs for the 

Delaware portion of the Area for both 

the 1997 annual and the 2006 24-hour 

PM2.5 standards. The approval of the 

maintenance plans is one of the CAA 

criteria for redesignation of the 

Delaware portion of the Area to 

attainment for both standards. 

Delaware’s maintenance plans are 

designed to ensure continued 

attainment in the Delaware portion of 

the Area of the 1997 annual and 2006 

24-hour PM2.5 standards, respectively, 

for 10 years after redesignation. 

EPA previously determined that the 

Philadelphia Area has attained both the 

1997 annual and 2006 24-hour PM2.5

NAAQS, and EPA is proposing to find 

that the Area continues to attain both 

standards. Furthermore, under section 

172(c)(3) of the CAA, EPA is proposing 

to approve the 2007 comprehensive 

emissions inventory for the Delaware 

portion of the Area as part of Delaware’s 

SIP for the 2006 24-hour PM2.5 NAAQS. 

EPA’s analysis of the proposed actions 

is provided in section V of today’s 

proposed rulemaking action. 

IV. Effects of Recent Court Decisions on 

Proposed Actions 

A. Effect of the August 21, 2012 D.C. 

Circuit Decision Regarding EPA’s 

CSAPR 

Delaware has demonstrated that 

attainment of the 1997 annual and 2006 

24-hour PM2.5 NAAQS will be 

maintained with or without the 

implementation of CAIR or CSAPR. 

Delaware does not rely on either CAIR 

or CSAPR in its maintenance plans for 

either the 1997 or the 2006 PM2.5

NAAQS, and demonstrates that 

emission reductions from CAIR or 

CSAPR are not needed to maintain the 

1997 annual and 2006 24-hour PM2.5

NAAQS. In addition, modeling 

conducted by EPA during the CSAPR 

rulemaking process also demonstrates 

that the counties in the Philadelphia 

Area will have PM2.5 levels below the 

1997 annual and 2006 24-hour PM2.5

NAAQS in both 2012 and 2014 without 

taking into account emissions 

reductions from CAIR or CSAPR. See 

‘‘Air Quality Modeling Final Rule 

Technical Support Document,’’ App. B, 

B–37, B–51, B–57, B–58, B–66, B–80, B– 

86. This modeling is available in the 

docket for this proposed redesignation 

action. 

Moreover, in its August 2012 

decision, the Court also ordered EPA to 

continue implementing CAIR. See EME 

Homer City Generation LP v. EPA, 696 

F.3d 7 (D.C. Cir. 2012). In sum, neither 

the current status of CAIR nor the 

current status of CSAPR affects any of 

the criteria for proposed approval of this 

redesignation request for the 

Philadelphia Area. 

B. Effect of the January 4, 2013 D.C. 

Circuit Decision Regarding PM2.5

Implementation Under Subpart 4 of Part 

D of Title I of the CAA 

1. Background 

As discussed previously, on January 

4, 2013, in Natural Resources Defense 

Council (NRDC) v. EPA, the D.C. Circuit 

remanded to EPA the ‘‘Final Clean Air 

Fine Particle Implementation Rule’’ (72 

FR 20586, April 25, 2007) and the 

‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less than 2.5 Micrometers 

(PM2.5)’’ final rule (73 FR 28321, May 

16, 2008) (collectively, ‘‘1997 PM2.5

Implementation Rule’’). 706 F.3d 428 

(D.C. Cir. 2013). The Court found that 

EPA erred in implementing the 1997 

annual PM2.5 NAAQS pursuant to the 

general implementation provisions of 

subpart 1 of part D of Title I of the CAA 

(subpart 1), rather than the particulatematter-specific provisions of subpart 4 

of Part D of Title I (subpart 4). Although 

the Court did not directly address the 

2006 24-hour PM2.5 standard, EPA is 

taking into account the Court’s position 

on subpart 4 and the 1997 annual PM2.5

standard in evaluating redesignations 

for the 2006 24-hour PM2.5 standard. 

2. Proposal on This Issue 

EPA is proposing to determine that 

the Court’s January 4, 2013 decision 

does not prevent EPA from 

redesignating the Delaware portion of 

the Philadelphia Area to attainment for 

either the 1997 annual or the 2006 24- 

hour PM2.5 NAAQS. Even in light of the 

Court’s decision, redesignation for this 

Area is appropriate under the CAA and 

EPA’s longstanding interpretations of 

the CAA’s provisions regarding 

redesignation. EPA first explains its 

longstanding interpretation that 

requirements that are imposed, or that 

become due, after a complete 

redesignation request is submitted for 

an area that is attaining the standard, are 

not applicable for purposes of 

evaluating a redesignation request. 

Second, EPA then shows that, even if 

EPA applies the subpart 4 requirements 

to the Delaware redesignation requests 

and disregards the provisions of its 1997 

PM2.5 Implementation Rule recently 

remanded by the Court, the State’s 

request for redesignation of the Area 

still qualifies for approval. EPA’s 

discussion takes into account the effect 

of the Court’s ruling on the Area’s 

maintenance plan, which EPA views as 

approvable when subpart 4 

requirements are considered. 

a. Applicable Requirements for 

Purposes of Evaluating the 

Redesignation Requests 

With respect to the 1997 PM2.5

Implementation Rule, the Court’s 

January 4, 2013 ruling rejected EPA’s 

reasons for implementing the PM2.5

NAAQS solely in accordance with the 

provisions of subpart 1, and remanded 

that matter to EPA, so that it could 

address implementation of the 1997 

annual PM2.5 NAAQS under subpart 4, 

in addition to subpart 1. For the 

purposes of evaluating Delaware’s 

redesignation request for the Delaware 

portion of the Area, to the extent that 

implementation under subpart 4 would 

impose additional requirements for 

areas designated nonattainment, EPA 

believes that those requirements are not 

‘‘applicable’’ for the purposes of CAA 

section 107(d)(3)(E), and thus EPA is not 

required to consider subpart 4 

requirements with respect to the 

redesignation of the Delaware portion of 

the Philadelphia Area. Under its 

longstanding interpretation of the CAA, 

EPA has interpreted section 107(d)(3)(E) 

to mean, as a threshold matter, that the 

part D provisions which are 

‘‘applicable’’ and which must be 

approved in order for EPA to 

redesignate an area include only those 

which came due prior to a state’s 

submittal of a complete redesignation 

request. See 1992 Calcagni 

Memorandum. See also ‘‘State 

Implementation Plan (SIP) 

Requirements for Areas Submitting 

Requests for Redesignation to 

Attainment of the Ozone and Carbon 

Monoxide (CO) National Ambient Air 

Quality Standards (NAAQS) on or after 

November 15, 1992,’’ Memorandum 

from Michael Shapiro, Acting Assistant 

Administrator, Air and Radiation, 

September 17, 1993 (Shapiro 

memorandum); Final Redesignation of 

Detroit-Ann Arbor, (60 FR 12459, 

12465–66, March 7, 1995); Final 

Redesignation of St. Louis, Missouri, (68 

FR 25418, 25424–27, May 12, 2003); 

Sierra Club v. EPA, 375 F.3d 537, 541 

(7th Cir. 2004) (upholding EPA’s 

redesignation rulemaking applying this 

interpretation and expressly rejecting 

Sierra Club’s view that the meaning of 

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1Applicable requirements of the CAA that come 

due subsequent to the area’s submittal of a complete 

redesignation request remain applicable until a 

redesignation is approved, but are not required as 

a prerequisite to redesignation. Section 175A(c) of 

the CAA. 

2Sierra Club v. Whitman was discussed and 

distinguished in a recent D.C. Circuit decision that 

addressed retroactivity in a quite different context, 

where, unlike the situation here, EPA sought to give 

its regulations retroactive effect. National 

Petrochemical and Refiners Ass’n v. EPA. 630 F.3d 

145, 163 (D.C. Cir. 2010), rehearing denied 643 F.3d 

958 (D.C. Cir. 2011), cert denied 132 S. Ct. 571 

(2011). 

‘‘applicable’’ under the statute is 

‘‘whatever should have been in the plan 

at the time of attainment rather than 

whatever actually was in the plan and 

already implemented or due at the time 

of attainment’’).1 In this case, at the time 

that Delaware submitted its 

redesignation requests for both 

standards, the requirements under 

subpart 4 were not due, and indeed, 

were not yet known to apply. 

EPA’s view that, for purposes of 

evaluating the redesignation of the 

Delaware portion of the Philadelphia 

Area, the subpart 4 requirements were 

not due at the time Delaware submitted 

the redesignation requests is in keeping 

with the EPA’s interpretation of subpart 

2 requirements for subpart 1 ozone areas 

redesignated subsequent to the D.C. 

Circuit’s decision in South Coast Air 

Quality Mgmt. Dist. v. EPA, 472 F.3d 

882 (D.C. Cir. 2006). In South Coast, the 

Court found that EPA was not permitted 

to implement the 1997 8-hour ozone 

standard solely under subpart 1, and 

held that EPA was required under the 

statute to implement the standard under 

the ozone-specific requirements of 

subpart 2 as well. Subsequent to the 

South Coast decision, in evaluating and 

acting upon redesignation requests for 

the 1997 8-hour ozone standard that 

were submitted to EPA for areas under 

subpart 1, EPA applied its longstanding 

interpretation of the CAA that 

‘‘applicable requirements,’’ for purposes 

of evaluating a redesignation, are those 

that had been due at the time the 

redesignation request was submitted. 

See, e.g., Proposed Redesignation of 

Manitowoc County and Door County 

Nonattainment Areas (75 FR 22047, 

22050, April 27, 2010). In those actions, 

EPA, therefore, did not consider subpart 

2 requirements to be ‘‘applicable’’ for 

the purposes of evaluating whether the 

area should be redesignated under 

section 107(d)(3)(E). 

EPA’s interpretation derives from the 

provisions of section 107(d)(3). Section 

107(d)(3)(E)(v) states that, for an area to 

be redesignated, a state must meet ‘‘all 

requirements ‘applicable’ to the area 

under section 110 and part D.’’ Section 

107(d)(3)(E)(ii) provides that the EPA 

must have fully approved the 

‘‘applicable’’ SIP for the area seeking 

redesignation. These two sections read 

together support EPA’s interpretation of 

‘‘applicable’’ as only those requirements 

that came due prior to submission of a 

complete redesignation request. First, 

holding states to an ongoing obligation 

to adopt new CAA requirements that 

arose after the state submitted its 

redesignation request, in order to be 

redesignated, would make it 

problematic or impossible for EPA to act 

on redesignation requests in accordance 

with the 18-month deadline Congress 

set for EPA action in section 

107(d)(3)(D). If ‘‘applicable 

requirements’’ were interpreted to be a 

continuing flow of requirements with no 

reasonable limitation, states, after 

submitting a redesignation request, 

would be forced continuously to make 

additional SIP submissions that in turn 

would require EPA to undertake further 

notice-and-comment rulemaking actions 

to act on those submissions. This would 

create a regime of unceasing rulemaking 

that would delay action on the 

redesignation request beyond the 18- 

month timeframe provided by the CAA 

for this purpose. 

Second, a fundamental premise for 

redesignating a nonattainment area to 

attainment is that the area has attained 

the relevant NAAQS due to emission 

reductions from existing controls. Thus, 

an area for which a redesignation 

request has been submitted would have 

already attained the NAAQS as a result 

of satisfying statutory requirements that 

came due prior to the submission of the 

request. Absent a showing that 

unadopted and unimplemented 

requirements are necessary for future 

maintenance, it is reasonable to view 

the requirements applicable for 

purposes of evaluating the redesignation 

request as including only those SIP 

requirements that have already come 

due. These are the requirements that led 

to attainment of the NAAQS. To require, 

for redesignation approval, that a state 

also satisfy additional SIP requirements 

coming due after the state submits its 

complete redesignation request, and 

while EPA is reviewing it, would 

compel the state to do more than is 

necessary to attain the NAAQS, without 

a showing that the additional 

requirements are necessary for 

maintenance. 

In the context of this redesignation, 

the timing and nature of the Court’s 

January 4, 2013 decision in NRDC v. 

EPA compound the consequences of 

imposing requirements that come due 

after the redesignation request is 

submitted. Delaware submitted its two 

redesignation requests for the 1997 

annual and the 2006 24-hour PM2.5

NAAQS on December 12, 2012, but the 

Court did not issue its decision 

remanding EPA’s 1997 PM2.5

Implementation Rule concerning the 

applicability of the provisions of 

subpart 4 until January 2013. 

To require Delaware’s fully-completed 

and pending redesignation requests for 

both the 1997 annual and the 2006 24- 

hour PM2.5 NAAQS to comply now with 

requirements of subpart 4 that the Court 

announced only in its January 2013 

decision on the 1997 PM2.5

Implementation Rule, would be to give 

retroactive effect to such requirements 

when the State had no notice that it was 

required to meet them. The D.C. Circuit 

recognized the inequity of this type of 

retroactive impact in Sierra Club v. 

Whitman, 285 F.3d 63 (D.C. Cir. 2002),2

where it upheld the District Court’s 

ruling refusing to make retroactive 

EPA’s determination that the St. Louis 

area did not meet its attainment 

deadline. In that case, petitioners urged 

the Court to make EPA’s nonattainment 

determination effective as of the date 

that the statute required, rather than the 

later date on which EPA actually made 

the determination. The Court rejected 

this view, stating that applying it 

‘‘would likely impose large costs on 

States, which would face fines and suits 

for not implementing air pollution 

prevention plans . . . even though they 

were not on notice at the time.’’ Id. at 

68. Similarly, it would be unreasonable 

to penalize the State of Delaware by 

rejecting its redesignation request for an 

area that is already attaining both the 

1997 annual and 2006 24-hour PM2.5

standards and that met all applicable 

requirements known to be in effect at 

the time of the requests. For EPA now 

to reject the redesignation requests 

solely because the State did not 

expressly address subpart 4 

requirements of which it had no notice, 

would inflict the same unfairness 

condemned by the Court in Sierra Club 

v. Whitman. 

b. Subpart 4 Requirements and 

Delaware Redesignation Requests 

Even if EPA were to take the view that 

the Court’s January 4, 2013 decision 

requires that, in the context of pending 

redesignations for either the 1997 

annual or 2006 24-hour PM2.5 standards, 

subpart 4 requirements were due and in 

effect at the time Delaware submitted its 

redesignation requests, EPA proposes to 

determine that the Delaware portion of 

the Philadelphia Area still qualifies for 

redesignation to attainment for both the 

1997 annual and 2006 24-hour PM2.5

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3PM10 refers to particulates nominally 10 

micrometers in diameter or smaller. 

4The potential effect of section 189(e) on section 

189(a)(1)(A) for purposes of evaluating these 

redesignation requests is discussed in this 

rulemaking action. 5 I.e., attainment demonstration, RFP, RACM, 

milestone requirements, contingency measures. 

6As EPA has explained previously, we do not 

believe that the Court’s January 4, 2013 decision 

should be interpreted so as to impose these 

requirements on the states retroactively. Sierra Club 

v. Whitman, supra. 

standards. As explained subsequently, 

EPA believes that the two redesignation 

requests for the Delaware portion of the 

Philadelphia Area, though not 

expressed in terms of subpart 4 

requirements, substantively meet the 

requirements of that subpart for 

purposes of redesignating the Delaware 

portion of the Area to attainment for 

both standards. 

With respect to evaluating the 

relevant substantive requirements of 

subpart 4 for purposes of redesignating 

the Delaware portion of the 

Philadelphia Area, EPA notes that 

subpart 4 incorporates components of 

subpart 1 of part D, which contains 

general air quality planning 

requirements for areas designated as 

nonattainment. See section 172(c). 

Subpart 4 itself contains specific 

planning and scheduling requirements 

for coarse particulate matter (PM10) 3

nonattainment areas, and under the 

Court’s January 4, 2013 decision in 

NRDC v. EPA, these same statutory 

requirements also apply for PM2.5

nonattainment areas. EPA has 

longstanding general guidance that 

interprets the 1990 amendments to the 

CAA, making recommendations to states 

for meeting the statutory requirements 

for SIPs for nonattainment areas. See, 

the General Preamble. In the General 

Preamble, EPA discussed the 

relationship of subpart 1 and subpart 4 

SIP requirements, and pointed out that 

subpart 1 requirements were to an 

extent ‘‘subsumed by, or integrally 

related to, the more specific PM10

requirements’’ (57 FR 13538, April 16, 

1992). The subpart 1 requirements 

include, among other things, provisions 

for attainment demonstrations, RACM, 

RFP, emissions inventories, and 

contingency measures. 

For the purposes of these 

redesignation requests, in order to 

identify any additional requirements 

which would apply under subpart 4, 

EPA is considering the Philadelphia 

Area to be a ‘‘moderate’’ PM2.5

nonattainment area. Under section 188 

of the CAA, all areas designated 

nonattainment areas under subpart 4 

would initially be classified by 

operation of law as ‘‘moderate’’ 

nonattainment areas, and would remain 

moderate nonattainment areas unless 

and until EPA reclassifies the area as a 

‘‘serious’’ nonattainment area. 

Accordingly, EPA believes that it is 

appropriate to limit the evaluation of 

the potential impact of subpart 4 

requirements to those that would be 

applicable to moderate nonattainment 

areas. Sections 189(a) and (c) of subpart 

4 apply to moderate nonattainment 

areas and include the following: (1) An 

approved permit program for 

construction of new and modified major 

stationary sources (section 189(a)(1)(A)); 

(2) an attainment demonstration (section 

189(a)(1)(B)); (3) provisions for RACM 

(section 189(a)(1)(C)); and (4) 

quantitative milestones demonstrating 

RFP toward attainment by the 

applicable attainment date (section 

189(c)). 

The permit requirements of subpart 4, 

as contained in section 189(a)(1)(A), 

refer to and apply the subpart 1 permit 

provisions requirements of sections 172 

and 173 to PM10, without adding to 

them. Consequently, EPA believes that 

section 189(a)(1)(A) does not itself 

impose for redesignation purposes any 

additional requirements for moderate 

areas beyond those contained in subpart 

1.4 In any event, in the context of 

redesignation, EPA has long relied on 

the interpretation that a fully approved 

nonattainment new source review 

program is not considered an applicable 

requirement for redesignation, provided 

the area can maintain the standard with 

a prevention of significant deterioration 

(PSD) program after redesignation. A 

detailed rationale for this view is 

described in a memorandum from Mary 

Nichols, Assistant Administrator for Air 

and Radiation, dated October 14, 1994, 

entitled, ‘‘Part D New Source Review 

Requirements for Areas Requesting 

Redesignation to Attainment.’’ See also 

rulemakings for Detroit, Michigan (60 

FR 12467–12468, March 7, 1995); 

Cleveland-Akron-Lorain, Ohio (61 FR 

20458, 20469–20470, May 7, 1996); 

Louisville, Kentucky (66 FR 53665, 

October 23, 2001); and Grand Rapids, 

Michigan (61 FR 31834–31837, June 21, 

1996). 

With respect to the specific 

attainment planning requirements under 

subpart 4,5 when EPA evaluates a 

redesignation request under either 

subpart 1 and/or 4, any area that is 

attaining the PM2.5 standards is viewed 

as having satisfied the attainment 

planning requirements for these 

subparts. For redesignations, EPA has 

for many years interpreted attainmentlinked requirements as not applicable 

for areas attaining the standard. In the 

General Preamble, EPA stated that, ‘‘The 

requirements for RFP will not apply in 

evaluating a request for redesignation to 

attainment since, at a minimum, the air 

quality data for the area must show that 

the area has already attained. Showing 

that the State will make RFP towards 

attainment will, therefore, have no 

meaning at that point.’’ See 57 FR 

13564. 

The General Preamble also explained 

that, ‘‘[t]he section 172(c)(9) 

requirements are directed at ensuring 

RFP and attainment by the applicable 

date. These requirements no longer 

apply when an area has attained the 

standard and is eligible for 

redesignation. Furthermore, section 

175A for maintenance plans . . . 

provides specific requirements for 

contingency measures that effectively 

supersede the requirements of section 

172(c)(9) for these areas.’’ Id. EPA 

similarly stated in its 1992 Calcagni 

Memorandum that, ‘‘The requirements 

for reasonable further progress and other 

measures needed for attainment will not 

apply for redesignations because they 

only have meaning for areas not 

attaining the standard.’’ 

It is evident that even if we were to 

consider the Court’s January 4, 2013 

decision in NRDC v. EPA to mean that 

attainment-related requirements specific 

to subpart 4 should be imposed 

retroactively 6 and, thus, are now past 

due, those requirements do not apply to 

an area that is attaining the 1997 annual 

and/or the 2006 24-hour PM2.5 NAAQS, 

for the purpose of evaluating a pending 

request to redesignate the area to 

attainment. EPA has consistently 

enunciated this interpretation of 

applicable requirements under section 

107(d)(3)(E) since the General Preamble 

was published more than twenty years 

ago. Courts have recognized the scope of 

EPA’s authority to interpret ‘‘applicable 

requirements’’ in the redesignation 

context. See Sierra Club v. EPA, 375 

F.3d 537 (7th Cir. 2004). 

Moreover, even outside the context of 

redesignations, EPA has viewed the 

obligations to submit attainment-related 

SIP planning requirements of subpart 4 

as inapplicable for areas that EPA 

determines are attaining the 1997 

annual and/or the 2006 24-hour PM2.5

standard. EPA’s prior ‘‘Clean Data 

Policy’’ rulemakings for the PM10

NAAQS, also governed by the 

requirements of subpart 4, explain 

EPA’s reasoning. They describe the 

effects of a determination of attainment 

on the attainment-related SIP planning 

requirements of subpart 4. See 

‘‘Determination of Attainment for Coso 

Junction Nonattainment Area,’’ (75 FR 

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7Under either subpart 1 or subpart 4, for 

purposes of demonstrating attainment as 

expeditiously as practicable, a state is required to 

evaluate all economically and technologically 

feasible control measures for direct PM emissions 

and precursor emissions, and adopt those measures 

that are deemed reasonably available. 

8The Philadelphia Area has reduced VOC 

emissions through the implementation of various 

control programs including VOC Reasonably 

Available Control Technology regulations and 

various on-road and non-road motor vehicle control 

programs. 

27944, May 19, 2010). See also Coso 

Junction Proposed PM10 Redesignation, 

(75 FR 36023, 36027, June 24, 2010); 

Proposed and Final Determinations of 

Attainment for San Joaquin 

Nonattainment Area (71 FR 40952, 

40954–55, July 19, 2006 and 71 FR 

63641, 63643–47, October 30, 2006). In 

short, EPA in this context has also long 

concluded that to require states to meet 

superfluous SIP planning requirements 

is not necessary and not required by the 

CAA, so long as those areas continue to 

attain the relevant NAAQS. 

Elsewhere in this notice, EPA 

proposes to determine that the 

Philadelphia Area has attained both the 

1997 annual and 2006 24-hour PM2.5

NAAQS. Under its longstanding 

interpretation, EPA is proposing to 

determine here that the Delaware 

portion of the Area meets the 

attainment-related plan requirements of 

subparts 1 and 4 for both the 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

Thus, EPA is proposing to conclude that 

the requirements to submit an 

attainment demonstration under 

189(a)(1)(B), a RACM determination 

under section 172(c)(1) and section 

189(a)(1)(c), a RFP demonstration under 

189(c)(1), and contingency measure 

requirements under section 172(c)(9) are 

satisfied for purposes of evaluating 

these redesignation requests. 

c. Subpart 4 and Control of PM2.5

Precursors 

The D.C. Circuit in NRDC v. EPA 

remanded to EPA the two rules at issue 

in the case with instructions to EPA to 

re-promulgate them consistent with the 

requirements of subpart 4. EPA in this 

section addresses the Court’s opinion 

with respect to PM2.5 precursors. While 

past implementation of subpart 4 for 

PM10 has allowed for control of PM10

precursors such as NOX from major 

stationary, mobile, and area sources in 

order to attain the standard as 

expeditiously as practicable, CAA 

section 189(e) specifically provides that 

control requirements for major 

stationary sources of direct PM10 shall 

also apply to PM10 precursors from 

those sources, except where EPA 

determines that major stationary sources 

of such precursors ‘‘do not contribute 

significantly to PM10 levels which 

exceed the standard in the area.’’ 

EPA’s 1997 PM2.5 implementation 

rule, remanded by the D.C. Circuit, 

contained rebuttable presumptions 

concerning certain PM2.5 precursors 

applicable to attainment plans and 

control measures related to those plans. 

Specifically, in 40 CFR 51.1002, EPA 

provided, among other things, that a 

state was ‘‘not required to address VOC 

[and ammonia] as . . . PM2.5 attainment 

plan precursor[s] and to evaluate 

sources of VOC [and ammonia] 

emissions in the State for control 

measures.’’ EPA intended these to be 

rebuttable presumptions. EPA 

established these presumptions at the 

time because of uncertainties regarding 

the emission inventories for these 

pollutants and the effectiveness of 

specific control measures in various 

regions of the country in reducing PM2.5

concentrations. EPA also left open the 

possibility for such regulation of VOC 

and ammonia in specific areas where 

that was necessary. 

The Court in its January 4, 2013 

decision made reference to both section 

189(e) and 40 CFR 51.1002, and stated 

that, ‘‘In light of our disposition, we 

need not address the petitioners’ 

challenge to the presumptions in [40 

CFR 51.1002] that volatile organic 

compounds and ammonia are not PM2.5

precursors, as subpart 4 expressly 

governs precursor presumptions.’’ 

NRDC v. EPA, at 27, n.10. 

Elsewhere in the Court’s opinion, 

however, the Court observed, 

‘‘Ammonia is a precursor to fine 

particulate matter, making it a precursor 

to both PM2.5 and PM10. For a PM10

nonattainment area governed by subpart 

4, a precursor is presumptively 

regulated. See 42 U.S.C. 7513a(e) 

[section 189(e)].’’ Id. at 21, n.7. 

For a number of reasons, EPA believes 

that its proposed redesignation of the 

Delaware portion of the Philadelphia 

Area is consistent with the Court’s 

decision on this aspect of subpart 4. 

First, while the Court, citing section 

189(e), stated that ‘‘for a PM10 area 

governed by subpart 4, a precursor is 

‘presumptively regulated,’ ’’ the Court 

expressly declined to decide the specific 

challenge to EPA’s 1997 PM2.5

implementation rule provisions 

regarding ammonia and VOC as 

precursors. The Court had no occasion 

to reach whether and how it was 

substantively necessary to regulate any 

specific precursor in a particular PM2.5

nonattainment area, and did not address 

what might be necessary for purposes of 

acting upon a redesignation request. 

However, even if EPA takes the view 

that the requirements of subpart 4 were 

deemed applicable at the time the state 

submitted the redesignation request, 

and disregards the implementation 

rule’s rebuttable presumptions regarding 

ammonia and VOC as PM2.5 precursors, 

the regulatory consequence would be to 

consider the need for regulation of all 

precursors from any sources in the area 

to demonstrate attainment and to apply 

the section 189(e) provisions to major 

stationary sources of precursors. In the 

case of the Delaware portion of the 

Philadelphia Area, EPA believes that 

doing so is consistent with proposing 

redesignation of the area for the 1997 

annual and 2006 24-hour PM2.5

standard. The Philadelphia Area has 

attained the standard without any 

specific additional controls of VOC and 

ammonia emissions from any sources in 

the area. 

Precursors in subpart 4 are 

specifically regulated under the 

provisions of section 189(e), which 

requires, with important exceptions, 

control requirements for major 

stationary sources of PM10 precursors.7

Under subpart 1 and EPA’s prior 

implementation rule, all major 

stationary sources of PM2.5 precursors 

were subject to regulation, with the 

exception of ammonia and VOC. Thus, 

EPA must address here whether 

additional controls of ammonia and 

VOC from major stationary sources are 

required under section 189(e) of subpart 

4 in order to redesignate the area for the 

1997 annual and 2006 24-hour PM2.5

standards. As explained further in this 

rulemaking action, EPA does not believe 

that any additional controls of ammonia 

and VOC are required in the context of 

this redesignation. 

In the General Preamble, EPA 

discusses its approach to implementing 

section 189(e). See 57 FR 13538–13542. 

With regard to precursor regulation 

under section 189(e), the General 

Preamble explicitly stated that control 

of VOCs under other CAA requirements 

may suffice to relieve a state from the 

need to adopt precursor controls under 

section 189(e). See 57 FR 13542. In this 

proposed rulemaking action, EPA 

proposes to determine that the SIP has 

met the provisions of section 189(e) 

with respect to ammonia and VOCs as 

precursors. This proposed 

determination is based on EPA’s 

findings that (1) the Delaware portion of 

the Philadelphia Area contains no major 

stationary sources of ammonia, and (2) 

existing major stationary sources of VOC 

are adequately controlled under other 

provisions of the CAA regulating the 

ozone NAAQS.8 In the alternative, EPA 

proposes to determine that, under the 

express exception provisions of section 

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9See, e.g., ‘‘Approval and Promulgation of 

Implementation Plans for California—San Joaquin 

Valley PM–10 Nonattainment Area; Serious Area 

Plan for Nonattainment of the 24-Hour and Annual 

PM–10 Standards,’’ 69 FR 30006 (May 26, 2004) 

(approving a PM10 attainment plan that impose 

controls on direct PM10 and NOX emissions and did 

not impose controls on SO2, VOC, or ammonia 

emissions). 

10See, e.g., Assoc. of Irritated Residents v. EPA 

et al., 423 F.3d 989 (9th Cir. 2005). 

11As defined in 40 CFR part 50, Appendix N, 

section (1)(c). 

189(e), and in the context of the 

redesignation of the area, which is 

attaining the 1997 annual and 2006 24- 

hour PM2.5 standards, at present 

ammonia and VOC precursors from 

major stationary sources do not 

contribute significantly to levels 

exceeding the 1997 annual and 2006 24- 

hour PM2.5 standards in the 

Philadelphia Area. See 57 FR 13539–42. 

EPA notes that its 1997 annual PM2.5

implementation rule provisions in 40 

CFR 51.1002 were not directed at 

evaluation of PM2.5 precursors in the 

context of redesignation, but at SIP 

plans and control measures required to 

bring a nonattainment area into 

attainment of the 1997 PM2.5 NAAQS. 

By contrast, redesignation to attainment 

primarily requires the area to have 

already attained due to permanent and 

enforceable emission reductions, and to 

demonstrate that controls in place can 

continue to maintain the standard. 

Thus, even if we regard the Court’s 

January 4, 2013 decision as calling for 

‘‘presumptive regulation’’ of ammonia 

and VOC for PM2.5 under the attainment 

planning provisions of subpart 4, those 

provisions in and of themselves do not 

require additional controls of these 

precursors for an area that already 

qualifies for redesignation. Nor does 

EPA believe that requiring Delaware to 

address precursors differently than they 

have already would result in a 

substantively different outcome. 

Although, as EPA has emphasized, its 

consideration here of precursor 

requirements under subpart 4 is in the 

context of a redesignation to attainment, 

EPA’s existing interpretation of subpart 

4 requirements with respect to 

precursors in attainment plans for PM10

contemplates that states may develop 

attainment plans that regulate only 

those precursors that are necessary for 

purposes of attainment in the area in 

question, i.e., states may determine that 

only certain precursors need be 

regulated for attainment and control 

purposes.9 Courts have upheld this 

approach to the requirements of subpart 

4 for PM10.10 EPA believes that 

application of this approach to PM2.5

precursors under subpart 4 is 

reasonable. Because the Philadelphia 

Area has already attained the 1997 

annual and 2006 24-hour PM2.5 NAAQS 

with its current approach to regulation 

of PM2.5 precursors, EPA believes that it 

is reasonable to conclude in the context 

of this redesignation that there is no 

need to revisit the attainment control 

strategy with respect to the treatment of 

precursors. Even if the Court’s decision 

is construed to impose an obligation, in 

evaluating this redesignation request, to 

consider additional precursors under 

subpart 4, it would not affect EPA’s 

approval here of Delaware’s request for 

redesignation of the Delaware portion of 

the Philadelphia Area. In the context of 

a redesignation, the Area has shown that 

it has attained the standard. Moreover, 

the State has shown and EPA has 

proposed to determine that attainment 

in this area is due to permanent and 

enforceable emissions reductions on all 

precursors necessary to provide for 

continued attainment. It follows 

logically that no further control of 

additional precursors is necessary. 

Accordingly, EPA does not view the 

January 4, 2013 decision of the Court as 

precluding redesignation of the 

Delaware portion of the Philadelphia 

Area to attainment for the 1997 annual 

and 2006 24-hour PM2.5 NAAQS at this 

time. 

In sum, even if Delaware were 

required to address precursors for the 

Delaware portion of the Philadelphia 

Area under subpart 4 rather than under 

subpart 1, as interpreted in EPA’s 

remanded PM2.5 implementation rule, 

EPA would still conclude that the area 

had met all applicable requirements for 

purposes of redesignation in accordance 

with section 107(d)(3(E)(ii) and (v). 

V. EPA’s Analysis of Delaware’s 

Submittals 

EPA is proposing several rulemaking 

actions for the Area: (1) To redesignate 

the Delaware portion of the Area to 

attainment for both the 1997 annual and 

the 2006 24-hour PM2.5 NAAQS; and (2) 

to approve into the Delaware SIP the 

associated maintenance plans for both 

the 1997 annual and the 2006 24-hour 

PM2.5 NAAQS. EPA is also proposing in 

this rulemaking action to approve the 

2007 comprehensive emissions 

inventory to satisfy section 172(c)(3) 

requirement for the 2006 24-hour PM2.5

NAAQS, which is one of the criteria for 

redesignation. EPA’s proposed 

approvals of the redesignation requests 

and maintenance plans for the 1997 

annual and 2006 24-hour PM2.5 NAAQS 

are based upon EPA’s determination 

that the Area continues to attain both 

standards, which EPA is proposing in 

this rulemaking action, and that all 

other redesignation criteria have been 

met for the Delaware portion of the 

Area. The following is a description of 

how the Delaware’s December 12, 2012 

submittals satisfy the requirements of 

section 107(d)(3)(E) of the CAA for the 

1997 annual and 2006 24-hour PM2.5

standards. 

A. Redesignation Requests 

1. Attainment 

On January 23, 2012, EPA published 

a direct final rulemaking (77 FR 3147) 

and companion notice of proposed 

rulemaking (NPR) (77 FR 3223), 

proposing to determine that the 

Philadelphia Area attained the 1997 

PM2.5 NAAQS by its attainment date 

and that the Philadelphia Area 

continued to attain the 1997 annual 

PM2.5 standard. Because EPA received 

adverse comments, EPA withdrew the 

direct final rule on March 13, 2012 (77 

FR 14697), and the direct final rule was 

converted to a proposed rule. In a final 

rulemaking action dated May 16, 2012 

(77 FR 28782), EPA determined that the 

entire Philadelphia Area attained the 

1997 annual PM2.5 NAAQS by its 

applicable attainment date, based upon 

quality-assured and certified ambient air 

quality monitoring data for the period of 

2007–2009, and continued to attain that 

standard based upon quality-assured 

and certified ambient air quality 

monitoring data for the period of 2008– 

2010. In a separate rulemaking action 

dated January 7, 2013 (78 FR 882), EPA 

also determined that the Philadelphia 

Area has attained the 2006 24-hour 

PM2.5 standard, based on qualityassured and certified ambient air quality 

monitoring data for 2008–2010 and 

2009–2011. The basis and effect of these 

determinations of attainment for both 

the 1997 and 2006 PM2.5 NAAQS were 

discussed in the notices of the proposed 

(77 FR 3147 and 77 FR 60089, 

respectively) and final (77 FR 28782 and 

78 FR 882, respectively) rulemakings. 

EPA has reviewed the ambient air 

quality PM2.5 monitoring data in the 

Philadelphia Area, consistent with the 

requirements contained at 40 CFR part 

50, and recorded in EPA’s Air Quality 

System (AQS), including qualityassured, quality-controlled, and statecertified data for the monitoring periods 

2009–2011 and 2010–2012 and 

preliminary data for 2011–2013. The air 

quality data show that the Philadelphia 

Area continues to attain both the 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

The Area’s annual and 24-hour PM2.5

design values11 are provided in Tables 

1 and 2, respectively. 

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TABLE 1—PHILADELPHIA AREA’S ANNUAL DESIGN VALUES FOR THE 2006 24-HOUR PM2.5 STANDARD FOR THE 2010– 

2012 AND 2011–2013 MONITORING PERIODS, IN μg/m3

State County 

Annual design values 

2009–2011 2010–2012 Preliminary 

2011–2013 

Delaware ......................................... New Castle ..................................... 10.7 ................................................ 10.4 9.9 

New Jersey ..................................... Camden .......................................... 9.7 .................................................. 9.7 9.9 

Burlington ....................................... No monitor. 

Gloucester ...................................... 9.7 .................................................. 9.5 9.3 

Pennsylvania .................................. Bucks ............................................. 10.9 ................................................ 10.9 10.8 

Chester ........................................... 13.7 ................................................ 12.3 11.1 

Delaware ........................................ 12.7 ................................................ 13.1 12.3 

Montgomery ................................... 10.1 ................................................ 9.8 9.7 

Philadelphia .................................... 11.4 ................................................ 11.0 10.9 

Area’s Annual Design Value 13.7 ................................................ 13.1 12.3 

Source: EPA AQS. 

TABLE 2—PHILADELPHIA AREA’S 24-HOUR DESIGN VALUES FOR THE 2006 24-HOUR PM2.5 STANDARD FOR THE 2010– 

2012 AND 2011–2013 MONITORING PERIODS, IN μg/m3

State County 

24-Hour design values 

2009–2011 2010–2012 Preliminary 

2011–2013 

Delaware ......................................... New Castle ..................................... 27 ................................................... 26 24 

New Jersey ..................................... Camden .......................................... 24 ................................................... 23 25 

Burlington ....................................... No monitor. 

Gloucester ...................................... 22 ................................................... 22 23 

Pennsylvania .................................. Bucks ............................................. 28 ................................................... 29 29 

Chester ........................................... 33 ................................................... 31 28 

Delaware ........................................ 30 ................................................... 31 29 

Montgomery ................................... 27 ................................................... 25 24 

Philadelphia .................................... 29 ................................................... 28 29 

Area’s Annual Design Value 33 ................................................... 31 29 

Source: EPA AQS. 

EPA’s review of the monitoring data 

for 2009–2011, 2010–2012 supports 

EPA’s previous determinations that the 

Area has attained the 1997 annual and 

2006 24-hour PM2.5 NAAQS, and that 

the Area continues to attain both 

standards. Preliminary 2013 data is 

consistent with attainment. Please note 

that preliminary 2013 data is 

uncertified. States are required to certify 

2013 data by May 1, 2014. In addition, 

as discussed subsequently, with respect 

to the maintenance plan, Delaware has 

committed to continue monitoring 

ambient PM2.5 concentrations in 

accordance with 40 CFR part 58. Thus, 

EPA is proposing to determine that the 

Philadelphia Area continues to attain 

the 1997 annual and 2006 24-hour PM2.5

NAAQS. 

2. The Area has Met All Applicable 

Requirements Under Section 110 and 

Subpart 1 of the CAA and Has a Fully 

Approved SIP Under Section 110(k) 

In accordance with section 

107(d)(3)(E)(v), the SIP revisions for the 

1997 annual and 2006 24-hour PM2.5

standards for the Delaware portion of 

the Philadelphia Area must be fully 

approved under section 110(k) and all 

the requirements applicable to the Area 

under section 110 of the CAA (general 

SIP requirements) and part D of Title I 

of the CAA (SIP requirements for 

nonattainment areas) must be met. 

a. Section 110 General SIP 

Requirements 

Section 110(a)(2) of Title I of the CAA 

delineates the general requirements for 

a SIP, which include enforceable 

emissions limitations and other control 

measures, means, or techniques, 

provisions for the establishment and 

operation of appropriate devices 

necessary to collect data on ambient air 

quality, and programs to enforce the 

limitations. The general SIP elements 

and requirements set forth in section 

110(a)(2) include, but are not limited to 

the following: 

• Submittal of a SIP that has been 

adopted by the state after reasonable 

public notice and hearing; 

• Provisions for establishment and 

operation of appropriate procedures 

needed to monitor ambient air quality; 

• Implementation of a source permit 

program; provisions for the 

implementation of Part C requirements 

(PSD); 

• Provisions for the implementation 

of Part D requirements for NSR permit 

programs; 

• Provisions for air pollution 

modeling; and 

• Provisions for public and local 

agency participation in planning and 

emission control rule development. 

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Section 110(a)(2)(D) of the CAA 

requires that SIPs contain certain 

measures to prevent sources in a state 

from significantly contributing to air 

quality problems in another state. To 

implement this provision for various 

NAAQS, EPA has required certain states 

to establish programs to address 

transport of air pollutants in accordance 

with EPA’s Finding of Significant 

Contribution and Rulemaking for 

Certain States in the Ozone Transport 

Assessment Group Region for Purposes 

of Reducing Regional Transport of 

Ozone (63 FR 57356, October 27, 1998), 

also known as the NOX (oxides of 

nitrogen) SIP Call; amendments to the 

NOX SIP Call (64 FR 26298, May 14, 

1999 and 65 FR 11222, March 2, 2000), 

and CAIR (70 FR 25162, May 12, 2005). 

However, section 110(a)(2)(D) 

requirements for a state are not linked 

with a particular nonattainment area’s 

designation and classification in that 

state. EPA believes that the 

requirements linked with a particular 

nonattainment area’s designation and 

classifications are the relevant measures 

to evaluate in reviewing a redesignation 

request. The transport SIP submittal 

requirements, where applicable, 

continue to apply to a state regardless of 

the designation of any one particular 

area in the state. Thus, EPA does not 

believe that these requirements are 

applicable requirements for purposes of 

redesignation. 

In addition, EPA believes that the 

other section 110(a)(2) elements not 

connected with nonattainment plan 

submissions and not linked with an 

area’s attainment status are not 

applicable requirements for purposes of 

redesignation. The Philadelphia Area 

will still be subject to these 

requirements after it is redesignated. 

EPA concludes that the section 110(a)(2) 

and part D requirements which are 

linked with a particular area’s 

designation and classification are the 

relevant measures to evaluate in 

reviewing a redesignation request, and 

that section 110(a)(2) elements not 

linked to the area’s nonattainment status 

are not applicable for purposes of 

redesignation. This approach is 

consistent with EPA’s existing policy on 

applicability of conformity (i.e., for 

redesignations) and oxygenated fuels 

requirement. See Reading, 

Pennsylvania, proposed and final 

rulemakings (61 FR 53174, October 10, 

1996), (62 FR 24826, May 7, 1997); 

Cleveland-Akron-Lorain, Ohio final 

rulemaking (61 FR 20458, May 7, 1996); 

and Tampa, Florida, final rulemaking 

(60 FR 62748, December 7, 1995). See 

also, the discussion on this issue in the 

Cincinnati, Ohio redesignation (65 FR at 

37890, June 19, 2000), and in the 

Pittsburgh-Beaver Valley, Pennsylvania 

redesignation (66 FR at 53099, October 

19, 2001). 

EPA has reviewed the Delaware SIP 

and has concluded that it meets the 

general SIP requirements under section 

110(a)(2) of the CAA to the extent they 

are applicable for purposes of 

redesignation. EPA has previously 

approved provisions of Delaware’s SIP 

addressing section 110(a)(2) 

requirements, including provisions 

addressing PM2.5. See (76 FR 47068, 

August 4, 2011 and 76 FR 53638, 

August 29, 2911). These requirements 

are, however, statewide requirements 

that are not linked to the PM2.5

nonattainment status of the 

Philadelphia Area. Therefore, EPA 

believes that these SIP elements are not 

applicable requirements for purposes of 

review of the State’s PM2.5 redesignation 

requests. 

b. Subpart 4 Requirements 

Subpart 1 sets forth the basic 

nonattainment plan requirements 

applicable to PM2.5 nonattainment areas. 

Under section 172, states with 

nonattainment areas must submit plans 

providing for timely attainment and 

must meet a variety of other 

requirements. 

The General Preamble for 

Implementation of Title I discusses the 

evaluation of these requirements in the 

context of EPA’s consideration of a 

redesignation request. The General 

Preamble sets forth EPA’s view of 

applicable requirements for purposes of 

evaluating redesignation requests when 

an area is attaining the standard. See 57 

FR 13498, April 16, 1992. 

As mentioned previously, on May 16, 

2012 (77 FR 28782), EPA made a 

determination that the Philadelphia 

Area had attained the 1997 annual PM2.5

NAAQS. This determination of 

attainment was based upon qualityassured and certified ambient air quality 

monitoring data for the period of 2007– 

2009 showing that the entire Area had 

attained the standard by its applicable 

attainment date, and 2008–2010 data 

showing that the Area continued to 

attain the standard. In a separate 

rulemaking action, dated January 7, 

2013 (78 FR 882), EPA made a 

determination of attainment for the 

Philadelphia Area for the 2006 24-hour 

PM2.5 NAAQS, based on quality-assured 

and certified ambient air quality 

monitoring data for the 2008–2010 and 

2009–2011 monitoring periods. 

Pursuant to 40 CFR 51.2004(c), upon 

these determinations by EPA that the 

Area has attained the 1997 annual and 

2006 24-hour PM2.5 NAAQS, the 

requirement for Delaware to submit for 

the Philadelphia Area an attainment 

demonstration and associated RACM, a 

RFP plan, contingency measures, and 

other planning SIPs related to the 

attainment of the 1997 annual and the 

2006 24-hour PM2.5 NAAQS were 

suspended until the Area is 

redesignated to attainment for each 

standard or EPA determines that the 

Area has again violated any of the 

standards, at which time such plans are 

required to be submitted. Thus, because 

attainment has been reached for the 

Area for the 1997 annual and 2006 24- 

hour PM2.5 NAAQS and the Area 

continues to attain both standards, no 

additional measures are needed to 

provide for attainment. Therefore, the 

requirements of section 172(c)(1), 

172(c)(2), 172(c)(6), and 172(c)(9) are no 

longer considered to be applicable for 

purposes of redesignation of the Area 

for both standards. 

However, determinations of 

attainment do not preclude states from 

submitting and EPA from approving 

planning SIP revisions for the 1997 or 

2006 PM2.5 NAAQS. On April 3, 2008, 

DNREC submitted an attainment plan 

for the Delaware portion of the 

Philadelphia Area for the 1997 annual 

PM2.5 NAAQS, which included a 2002 

comprehensive emissions inventory. On 

April 25, 2012, DNREC submitted a SIP 

revision to replace the MVEBs in the 

April 3, 2008 submittal with a budget 

that is based on the Motor Vehicle 

Emissions Simulator (MOVES) model. 

On December 17, 2013 (78 FR 76209), 

EPA approved Delaware’s attainment 

plan for the 1997 PM2.5 NAAQS for the 

Delaware portion of the Philadelphia 

Area and MVEBs for transportation 

conformity purposes for New Castle 

County, Delaware submitted on April 3, 

2008 and April 25, 2012. 

Section 172(c)(4) of the CAA requires 

the identification and quantification of 

allowable emissions for major new and 

modified stationary sources in an area, 

and section 172(c)(5) requires source 

permits for the construction and 

operation of new and modified major 

stationary sources anywhere in the 

nonattainment area. EPA has 

determined that, since PSD 

requirements will apply after 

redesignation, areas being redesignated 

need not comply with the requirement 

that a nonattainment NSR program be 

approved prior to redesignation, 

provided that the area demonstrates 

maintenance of the NAAQS without 

part D NSR. A more detailed rationale 

for this view is described in a 

memorandum from Mary Nichols, 

Assistant Administrator for Air and 

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Radiation, dated October 14, 1994, 

entitled, ‘‘Part D New Source Review 

Requirements for Areas Requesting 

Redesignation to Attainment.’’ 

Nevertheless, Delaware currently has an 

approved NSR program, including an 

approved PSD program, codified in the 

State’s regulation at 7 DE Admin. Code 

1125, ‘‘Requirements for 

Preconstruction Review.’’ See (77 FR 

60053, October 2, 2012) and (78 FR 

13496, February 28, 2013). The State’s 

PSD program for PM2.5 will become 

effective in the Philadelphia Area upon 

redesignation to attainment. 

Section 172(c)(7) of the CAA requires 

the SIP to meet the applicable 

provisions of section 110(a)(2). As noted 

previously, we believe the Delaware SIP 

meets the requirements of section 

110(a)(2) that are applicable for 

purposes of redesignation. 

As a result of EPA’s determinations of 

attainment of the Area for the 1997 

annual and 2006 24-hour PM2.5 NAAQS, 

respectively, the only remaining 

requirement under section 172 to be 

considered for each of the PM2.5

standards is the comprehensive 

emissions inventory required under 

section 172(c)(3). Section 172(c)(3) of 

the CAA requires submission of a 

comprehensive, accurate, and current 

inventory of actual emissions. For 

purposes of the PM2.5 NAAQS, this 

emissions inventory should address not 

only direct emissions of PM2.5, but also 

emissions of all precursors with the 

potential to participate in PM2.5

formation, i.e., sulfur dioxide (SO2), 

NOX, volatile organic compounds (VOC) 

and ammonia. 

DNREC’s April 3, 2008 attainment 

plan submittal for the 1997 annual PM2.5

standard is relevant to this proposed 

rulemaking action to redesignate the 

Delaware portion of the Area only with 

respect to the comprehensive emissions 

inventory requirement of section 

172(c)(3) for the 1997 annual PM2.5

standard. On March 4, 2013 (78 FR 

14020), EPA approved the 2002 

comprehensive emissions inventory 

included in the attainment plan for the 

1997 annual PM2.5 NAAQS, to meet the 

requirement of section 172(c)(3) for this 

standard. The 2002 comprehensive 

emissions inventory for the 1997 annual 

PM2.5 standard includes emissions 

estimates that cover the general source 

categories of point sources, area sources, 

on-road mobile sources, and non-road 

mobile sources. The pollutants that 

comprise the 2002 emissions inventory 

are PM2.5, NOX, SO2, VOC, and 

ammonia. An evaluation of Delaware’s 

2002 comprehensive emissions 

inventory for the Philadelphia portion 

of the Area is provided in the Technical 

Support Document (TSD) prepared by 

EPA for the rulemaking action. See 

Docket ID No. EPA–R03–OAR–2010– 

0141. 

To satisfy the 172(c)(3) requirement 

for the 2006 24-hour PM2.5 standard, 

Delaware’s December 12, 2012 

redesignation request and maintenance 

plan for the 2006 24-hour PM2.5

standard contains a 2007 

comprehensive emissions inventories. 

DNREC had previously prepared the 

2007 inventory for the Delaware portion 

of the Philadelphia Area for modeling 

and SIP purposes. DNREC is using that 

2007 inventory as the base year 

inventory for the 2006 24-hour PM2.5

standard, because 2007 is one of the 

three years used to designate the 

Philadelphia nonattainment area for the 

2006 24-hour PM2.5 standard. DNREC 

has submitted that 2007 emissions 

inventory to fulfill its obligation to 

submit a comprehensive inventory 

under Clean Air Act section 172(c)(3), 

because that inventory has gone through 

extensive quality assurance. The 2007 

emissions inventory is the most current 

accurate and comprehensive emissions 

inventory of direct PM2.5, NOX, SO2, 

VOC, and ammonia for the Area. Thus, 

as part of this rulemaking action, EPA 

is proposing to approve Delaware’s 2007 

comprehensive emissions inventory for 

the 2006 24-hour PM2.5 NAAQS as 

satisfying the requirement of section 

172(c)(3) of the CAA for this standard. 

Final approval of the 2007 base year 

emissions inventory will satisfy the 

emissions inventory requirement under 

section 172(c)(3) of the CAA for the 

2006 24-hour PM2.5 NAAQS. 

The 2007 comprehensive emissions 

inventory addresses the general source 

categories of point sources, area sources, 

on-road mobile sources, and non-road 

mobile sources. A summary of the 2007 

comprehensive emissions inventory is 

provided in Table 3. EPA has reviewed 

the documentation provided by DNREC 

and found the 2007 emissions inventory 

to be approvable. For more information 

on EPA’s analysis of the 2007 emissions 

inventory, see the TSDs prepared by the 

EPA Region III Office of Air Monitoring 

and Analysis and both dated January 28, 

2014, ‘‘Technical Support Document 

(TSD) for the Redesignation Request and 

Maintenance Plan for the New Castle 

County Portion of the PhiladelphiaWilmington, PA-NJ-DE 1997 PM2.5

Nonattainment Area’’ and ‘‘Technical 

Support Document (TSD) for the 

Redesignation Request and Maintenance 

Plan for the New Castle County Portion 

of the Philadelphia-Wilmington, PA-NJDE 2006 PM2.5 Nonattainment Area’’ 

(‘‘Inventory TSDs’’), available in the 

docket for this rulemaking action at 

www.regulations.gov. See Docket ID No. 

EPA–R03–OAR–2014–0022. 

TABLE 3—SUMMARY OF 2007 COMPREHENSIVE INVENTORY FOR NEW CASTLE COUNTY, IN TONS PER YEAR (TPY) 

Sector Direct 

PM2.5 NOX SO2 VOC Ammonia 

Point ............................................................................................................................. 1,335 6,635 13,380 1,727 64 

Non-point ..................................................................................................................... 1,207 1,293 630 4,795 653 

On-road ........................................................................................................................ 324 10,577 100 4,298 243 

Non-road ...................................................................................................................... 327 4,580 1,118 2,490 2 

Total ...................................................................................................................... 3,193 23,084 15,228 13,310 962 

Section 175A requires a state seeking 

redesignation to attainment to submit a 

SIP revision to provide for the 

maintenance of the NAAQS in the area 

‘‘for at least 10 years after the 

redesignation.’’ In conjunction with its 

request to redesignate the Delaware 

portion of the Area to attainment status, 

Delaware submitted SIP revisions to 

provide for maintenance of the 1997 

annual and 2006 24-hour PM2.5 NAAQS 

in the Delaware portion of the Area for 

at least 10 years after redesignation, 

throughout 2025. Delaware is requesting 

that EPA approve this SIP revision as 

meeting the requirement of CAA section 

175A. Once approved, the maintenance 

plans for the Delaware portion of the 

Area will ensure that the SIP for 

Delaware meets the requirements of the 

CAA regarding maintenance of the 1997 

annual and 2006 24-hour PM2.5 NAAQS 

for the Delaware portion of the Area. 

EPA’s analysis of the maintenance plans 

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is provided in section V.B. of this 

rulemaking action. 

Section 176(c) of the CAA requires 

states to establish criteria and 

procedures to ensure that Federally 

supported or funded projects conform to 

the air quality planning goals in the 

applicable SIP. The requirement to 

determine conformity applies to 

transportation plans, programs, and 

projects that are developed, funded or 

approved under title 23 of the United 

States Code (U.S.C.) and the Federal 

Transit Act (transportation conformity) 

as well as to all other Federally 

supported or funded projects (general 

conformity). State transportation 

conformity SIP revisions must be 

consistent with Federal conformity 

regulations relating to consultation, 

enforcement and enforceability which 

EPA promulgated pursuant to its 

authority under the CAA. EPA 

interprets the conformity SIP 

requirements as not applying for 

purposes of evaluating a redesignation 

request under CAA section 107(d) 

because state conformity rules are still 

required after redesignation, and 

Federal conformity rules apply where 

state rules have not been approved. See 

Wall v. EPA, 265 F. 3d 426 (6th Cir. 

2001) (upholding this interpretation) 

and (60 FR 62748, December 7, 1995) 

(discussing Tampa, Florida). 

Thus, for purposes of redesignating to 

attainment the Delaware portion of the 

Philadelphia Area for the 1997 annual 

PM2.5 NAAQS, EPA determines that 

Delaware has met all the applicable SIP 

requirements under part D of Title I of 

the CAA. EPA also determines that 

upon final approval of the 2007 

comprehensive emissions inventory as 

proposed in this rulemaking action, 

Delaware will also meet all the 

applicable SIP requirements under part 

D of Title I of the CAA for purposes of 

redesignating the Area to attainment for 

the 2006 24-hour PM2.5 NAAQS. 

c. The Delaware Portion of the Area Has 

a Fully Approved Applicable SIP Under 

Section 110(k) of the CAA 

For purposes of redesignation to 

attainment for the 1997 annual PM2.5

NAAQS, EPA has fully approved all 

applicable requirements of Delaware’s 

SIP for the Area in accordance with 

section 110(k) of the CAA. Upon final 

approval of the 2007 comprehensive 

emissions inventory as proposed in this 

rulemaking action, EPA will have fully 

approved all applicable requirements of 

Delaware’s SIP for the Area for purposes 

of redesignation to attainment for the 

2006 24-hour PM2.5 NAAQS in 

accordance with section 110(k) of the 

CAA. 

3. Permanent and Enforceable 

Reductions in Emissions 

For redesignating a nonattainment 

area to attainment, section 

107(d)(3)(E)(iii) requires EPA to 

determine that the air quality 

improvement in the area is due to 

permanent and enforceable reductions 

in emissions resulting from 

implementation of the SIP and 

applicable Federal air pollution control 

regulations and other permanent and 

enforceable reductions. Delaware has 

calculated the change in emissions 

between 2002, a year showing 

nonattainment for the 1997 annual 

PM2.5 standard in the Delaware portion 

of the Philadelphia Area, and 2007, one 

of the years for which the Philadelphia 

Area monitored attainment for the 1997 

annual PM2.5 standard. Delaware did the 

same analysis for the 2006 24-hour 

PM2.5 standard, using 2007 as a year 

showing nonattainment for the 2006 24- 

hour PM2.5 standard in the Delaware 

portion of the Philadelphia Area, and 

2008, one of the years for which the 

Philadelphia Area monitored attainment 

for the 2006 24-hour PM2.5 standard. 

A summary of the emissions 

reductions of direct PM2.5, NOX, and 

SO2 from 2002 to 2007 in the Delaware 

portion of the Philadelphia Area, 

submitted by DNREC, is provided in 

Table 4a. A summary of the emissions 

reductions of direct PM2.5, NOX, and 

SO2 from 2007 to 2008, submitted by 

DNREC, is provided in Table 4b. For 

more information on EPA’s analysis of 

the 2007 and 2008 emissions 

inventories, see EPA’s Inventory TSDs, 

dated January 28, 2014, available in the 

docket for this rulemaking action at 

www.regulations.gov. 

TABLE 4a—EMISSION REDUCTIONS FROM 2002 TO 2007 IN THE DELAWARE PORTION OF THE PHILADELPHIA AREA

[tpy] 

Sector 2002 2007 

Net 

reduction 

2002–2007 

Percent 

reduction 

2002–2007 

Direct PM 2.5 .............................................. Point ......................................................... 1,733 1,335 398 23 

Non-point .................................................. 1,073 1,207 ¥134 ¥12 

On-road .................................................... 209 324 ¥115 ¥55 

Non-road ................................................... 415 327 88 21 

Total .......................................................... 3,430 3,193 237 7 

NOX ........................................................... Point ......................................................... 9,157 6,635 2,522 28 

Non-point .................................................. 1,513 1,293 220 15 

On-road .................................................... 11,799 10,577 1,222 10 

Non-road ................................................... 8,279 4,580 3,699 45 

Total .......................................................... 30,748 23,084 7,664 25 

SO2 ........................................................... Point ......................................................... 47,070 13,380 33,690 72 

Non-point .................................................. 780 630 150 19 

On-road .................................................... 326 100 226 69 

Non-road ................................................... 2,061 1,118 943 46 

Total .......................................................... 50,237 15,228 35,009 70 

TABLE 4b—EMISSION REDUCTIONS FROM 2007 TO 2008 IN THE DELAWARE PORTION OF THE PHILADELPHIA AREA

[tpy] 

Sector 2007 2008 

Net 

reduction 

2007–2008 

Percent 

reduction 

2007–2008 

Direct PM 2.5 .............................................. Point ......................................................... 1,335 1,109 226 17 

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TABLE 4b—EMISSION REDUCTIONS FROM 2007 TO 2008 IN THE DELAWARE PORTION OF THE PHILADELPHIA AREA— 

Continued 

[tpy] 

Sector 2007 2008 

Net 

reduction 

2007–2008 

Percent 

reduction 

2007–2008 

Non-point .................................................. 1,207 1,191 16 1 

On-road .................................................... 324 283 42 13 

Non-road ................................................... 327 312 15 5 

Total .......................................................... 3,193 2,894 300 9 

NOX ........................................................... Point ......................................................... 6,635 5,589 1,046 16 

Non-point .................................................. 1,293 1,287 6 0 

On-road .................................................... 10,577 9,311 1,266 12 

Non-road ................................................... 4,580 4,317 263 6 

Total .......................................................... 23,084 20,504 2,580 11 

SO 2 ........................................................... Point ......................................................... 13,380 10,576 2,805 21 

Non-point .................................................. 630 402 228 36 

On-road .................................................... 100 94 6 6 

Non-road ................................................... 1,118 1,067 51 5 

Total .......................................................... 15,228 12,139 3,089 20 

The reduction in emissions and the 

corresponding improvement in air 

quality from 2002 to 2007 and from 

2007 to 2008, for the 1997 annual and 

2006 24-hour PM2.5 NAAQS, 

respectively, in the Philadelphia Area 

can be attributed to a number of 

regulatory control measures that have 

been implemented in the Area and 

contributing areas in recent years. 

In Sections 4.3, Enforceable and 

Permanent PM2.5, NOX, and SO2

Measures that Contributed to Improved 

Air Quality, of Delaware’s redesignation 

requests and maintenance plans for both 

the 1997 annual and 2006 24-hour 

PM2.5, DNREC makes demonstrations 

that numerous permanent and 

enforceable state and federal control 

measures achieved emission reductions 

that resulted in improved air quality in 

the Philadelphia Area. The following is 

a list of the permanent and enforceable 

control measures. 

a. Delaware-Specific Control Measures 

• 7 DE Admin. Code 1144, Control of 

Stationary Generator Emissions. This 

statewide regulation controls SO2, PM, 

VOC, and NOX emissions. The 

regulation was effective in January 2006, 

and was approved into Delaware’s SIP 

on August 11, 2010 (75 FR 48566). 

• 7 DE Admin. Code 1148, Control of 

Stationary Combustion Turbine Electric 

Generating Unit Emissions. This 

statewide regulation controls NOX

emissions, and was effective in July 

2007. EPA approved this regulation into 

the Delaware SIP on August 11, 2010 

(75 FR 48566). 

• 7 DE Admin. Code 1142. EPA 

approved this rule, which controls NOX

emissions, into the Delaware SIP on 

November 22, 2002 (67 FR 70315). 

Section 1 of this rule, Control of NOX

Emissions from Industrial Boilers, is 

applicable state-wide, and was effective 

in December 2001. Section 2, Control of 

NOX Emissions from Industrial Boilers 

and Process Heaters at Petroleum 

Refineries, is applicable in New Castle 

County. DNREC revised Section 2, 

effective July 2007. EPA approved the 

revisions to Section 2 into the Delaware 

SIP on May 15, 2012 (77 FR 28489). 

• 7 DE Admin. Code 1131, Low 

Enhanced Inspection and Maintenance 

(I/M). Delaware’s enhanced I/M program 

is applicable in New Castle and Kent 

Counties, and was approved into the 

Delaware SIP by EPA on September 30, 

1999 (64 FR 52657). Revisions to the 

enhanced I/M program were approved 

by EPA on November 26, 2003 (68 FR 

228). 

Please note that for Delaware’s 

redesignation request for the 1997 

annual PM2.5 NAAQS, the following 

additional control measure was also 

included. 

Delaware-Specific Control Measures 

• Consent Decree with Premcor 

Refinery at Delaware City (formerly 

Motiva Enterprises), New Castle County, 

Control of SO2, and NOX Emissions from 

Boilers and Heaters, Effective 2006, 

Civil Action No. H–01–0978. This 

federal consent decree was lodged in the 

United States Court for the Southern 

District of Texas on March 21, 2001. 

b. Federal Measures Implemented 

• EPA’s New Source Performance 

Standards for Woodstoves (NSPS), 40 

CFR part 60, subpart AAA. 

• Control of Emissions from New and 

In-Use non-road Compression Engines, 

40 CFR part 89. 

• Control of Air Pollution; 

Determination of Significance for Nonroad Sources and Emission Standards 

for New Non-road Compression Ignition 

Engines at or Above 37 Kilowatts (59 FR 

31036, June 17, 1994). 

• Emissions for New Non-road SparkIgnition Engines At or Below 19 

Kilowatts (60 FR 34581, July 3, 1995). 

• Final Rule for New Gasoline SparkIgnition Marine Engines; Exemptions for 

New Non-road Compression-Ignition 

Engines at or Above 37 Kilowatts and 

New Non-road Spark-Ignition Engines at 

or Below 19 Kilowatts (61 FR 52088, 

October 4, 1996). 

• Control of Emissions of Air 

Pollution from Non-road Diesel Engines 

(63 FR 56967, October 23, 1998). 

• Phase 2 Emission Standards for 

New Non-road Non-handheld Spark 

Ignition Engines At or Below 19 

Kilowatts (64 FR 15207, March 30, 

1999). 

• Phase 2 Emission Standards for 

New Non-road Spark-Ignition Handheld 

Engines At or Below 19 Kilowatts and 

Minor Amendments to Emission 

Requirements Applicable to Small 

Spark-Ignition Engines and Marine 

Spark-Ignition Engines (65 FR 24268, 

April 25, 2000). 

• Control of Emissions from Non-road 

Large Spark-Ignition Engines and 

Recreational Engines (Marine and LandBased), (67 FR 68241, November 8, 

2002). 

• Control of Emissions of Air 

Pollution from Non-road Diesel Engines 

and Fuel (Clean Air Non-road Diesel 

Rule—Tier 4), (69 FR 38958, June 29, 

2004). 

• Control of Emissions from Non-road 

Spark-Ignition Engines and Equipment 

(Bond Rule), (73 FR 59034, October 8, 

2008). 

• Heavy-Duty Highway Rule, 40 CFR 

part 86, Subpart P. 

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• Federal Tier 1 New Vehicle 

Emission and New Federal Evaporative 

Emission Standards. 

• The Tier 2 vehicle and gasoline 

sulfur program, Subpart H of 40 CFR 

part 80, 40 CFR part 85, and 40 CFR part 

86. 

• Ozone Transport Commission 

(OTC) National Low Emission Vehicle 

Program (NLEV). 

EPA has reviewed both redesignation 

requests and maintenance plans for the 

1997 annual and 2006 24-hour PM2.5

standards and found that DNREC has 

demonstrated that it has controlled 

emissions of PM2.5 and its precursors 

through numerous permanent and 

enforceable emission control measures, 

resulting in permanent and enforceable 

emission reductions adequate to attain 

both the 1997 annual and 2006 24-hour 

PM2.5 NAAQS. Therefore, DNREC has 

met this criterion for redesignation. 

However, in a separate rulemaking 

action, published on February 22, 2013, 

EPA identified deficiencies associated 

with several regulations within the 

approved Delaware SIP including a 

specific provision within 7–1100–1142 

Del. Code Regs § 2 (Regulation 1142, 

Section 2.0, Control of Nitrogen Oxide 

(NOX) Emissions from Industrial Boilers 

and Process Heaters at Petroleum 

Refineries). See 78 FR 12460. In that 

proposed rulemaking action, EPA 

identified specific Delaware regulations 

in which state officials are provided 

unbounded discretion to set alternative 

emission limits during periods of startup and shutdown of equipment through 

a permitting process that does not entail 

subsequent approval of the alternative 

emission limits through a SIP 

submission. EPA has proposed to find 

that this process constitutes an 

impermissible director’s discretion 

provision with the potential to allow 

impermissible discretionary exemptions 

from SIP emission limits. See 78 FR 

12495–12496. EPA will be taking a 

separate final action on the February 22, 

2013 proposed rulemaking action. 

EPA’s analysis indicates that 

Regulation 1142, Section 2.0 is not 

necessary for attainment of the 

Philadelphia Area. The Philadelphia 

Area is attaining the 1997 annual and 

2006 24-hour PM2.5 NAAQS. The 

Philadelphia Area came into attainment 

of the 1997 annual NAAQS in 2009, 

considering 2007–2009 ambient air 

quality monitoring data (77 FR 28782), 

and continues to meet that standard. 

The Philadelphia Area came into 

attainment for the 2006 24-hour 

standard in 2010, considering 2008– 

2010 data (78 FR 882), and continues to 

meet that standard. Furthermore, actual 

emission reductions of PM2.5 and its 

precursors have been achieved between 

the base years and the attainment years 

for both standards. For the 1997 

NAAQS, NOX has decreased in the 

Delaware portion of the Philadelphia 

Area from 30,748 tpy in 2002 to 23,084 

tpy in 2007. For the 2006 NAAQS, NOX

has decreased in the Delaware portion 

of the Philadelphia Area from 23,084 

tpy in 2007 to 20,504 tpy in 2008. 

Regulation 1142 Section 2.0 applies to 

NOX emissions at petroleum refineries. 

There is only one such petroleum 

refinery in Delaware, and it is subject to 

a federally-enforceable consent decree 

and several consent decree addendums 

between the source and EPA which 

limit NOX emissions and require NOX

control measures at several units at the 

refinery. Therefore, EPA is not relying 

upon Regulation 1142 Section 2.0 in its 

evaluation of the permanent and 

enforceable attainment measures. 

Through numerous permanent and 

enforceable regulations, which are 

incorporated into Delaware’s SIP, 

Delaware has regulated and is 

continuing to regulate sources of PM2.5

and its precursors in the Philadelphia 

Area. Taking into consideration existing 

regulations, including those listed 

earlier in this rulemaking action, which 

Delaware included in Sections 4.3 of its 

redesignation requests and maintenance 

plans, (with the exception of Regulation 

1142 Section 2.0), EPA has concluded 

that the Philadelphia Area has attained 

the 1997 and 2006 PM2.5 NAAQS and 

that Delaware has shown that 

attainment of these standards is due to 

permanent and enforceable emission 

reductions. 

For more information on EPA’s 

analysis, please refer to EPA’s TSD, 

available in the docket for this 

rulemaking action at 

www.regulations.gov. See Docket ID No. 

EPA–R03–OAR–2014–0022. 

B. Maintenance Plans 

On December 12, 2012, DNREC 

submitted maintenance plans for the 

1997 annual and 2006 24-hour PM2.5

NAAQS, as required by section 175A of 

the CAA. EPA’s analysis for proposing 

approval of the maintenance plans is 

provided in this section. 

1. Attainment Emissions Inventories 

An attainment inventory is comprised 

of the emissions during the time period 

associated with the monitoring data 

showing attainment. DNREC determined 

that the appropriate attainment 

inventory year for the maintenance plan 

for the 1997 annual PM2.5 NAAQS is 

2007, one of the years in the periods 

during which the Philadelphia Area 

monitored attainment of the 1997 

annual PM2.5 NAAQS. DNREC 

determined that the appropriate 

attainment inventory year for the 

maintenance plan for the 2006 24-hours 

PM2.5 NAAQS is 2008, one of the years 

in the periods during which the 

Philadelphia Area monitored attainment 

of the 24-hour PM2.5 NAAQS. The 2007 

and 2008 inventory included in the 

maintenance plans contains primary 

PM2.5 emissions (including 

condensables), SO2, and NOX. The 

underlying emissions data DNREC 

submitted to support the 2007 and 2008 

inventories contains the additional 

PM2.5 precursors, ammonia and VOCs. 

In its redesignation requests and 

maintenance plans for the 1997 annual 

and 2006 24-hour PM2.5 standards, 

DNREC described the methods used for 

developing its 2007 and 2008 

inventories. EPA reviewed the 

procedures used to develop the 

projected inventories and found them to 

be reasonable. EPA has reviewed the 

documentation provided by DNREC and 

found the 2007 and 2008 emissions 

inventories submitted with the 

maintenance plans to be approvable. For 

more information on EPA’s analysis of 

the 2007 and 2008 emissions 

inventories, see EPA’s Inventory TSDs, 

dated January 28, 2014, available in the 

docket for this rulemaking action at 

www.regulations.gov. 

2. Maintenance Demonstration 

Section 175A requires a state seeking 

redesignation to attainment to submit a 

SIP revision to provide for the 

maintenance of the NAAQS in the area 

‘‘for at least 10 years after the 

redesignation.’’ EPA has interpreted this 

as a showing of maintenance ‘‘for a 

period of ten years following 

redesignation.’’ Where the emissions 

inventory method of showing 

maintenance is used, its purpose is to 

show that emissions during the 

maintenance period will not increase 

over the attainment year inventory. See 

1992 Calcagni Memorandum, pages 9– 

10. 

For a demonstration of maintenance, 

emissions inventories are required to be 

projected to future dates to assess the 

influence of future growth and controls; 

however, the demonstration need not be 

based on modeling. See Wall v. EPA, 

supra; Sierra Club v. EPA, supra. See 

also 66 FR 53099–53100 and 68 FR 

25430–32. DNREC uses projection 

inventories to show that the Delaware 

portion of the Area will remain in 

attainment and developed projection 

inventories for an interim year of 2017 

and a maintenance plan end year of 

2025 to show that future emissions of 

NOX, SO2, and direct PM2.5 will remain 

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at or below the attainment year 2007 

and 2008 attainment-level emissions 

levels, for the 1997 annual and 2006 24- 

hour PM2.5, respectively, throughout the 

Delaware portion of the Area through 

the year 2025. 

EPA has reviewed the documentation 

provided by DNREC for developing 

annual 2017 and 2025 emissions 

inventories for the Delaware portion of 

the Area. EPA has determined that the 

2017 and 2025 projected emissions 

inventories provided by DNREC are 

approvable. For more information on 

EPA’s analysis of the emissions 

inventories, see EPA’s Inventory TSDs, 

dated January 28, 2014, available in the 

docket for this rulemaking action at 

www.regulations.gov. 

Tables 5a, 6a, and 7a provide a 

summary of the direct PM2.5, NOX, and 

SO2, respectively, emissions inventories 

for the Delaware portion of the 

Philadelphia Area for the 2007 

attainment year, the 2017 interim year, 

and the 2025 maintenance plan end year 

for the 1997 annual PM2.5 NAAQS. 

Tables 5b, 6b, and 7b provide a 

summary of the direct PM2.5, NOX, and 

SO2, respectively, emissions inventories 

for the entire Philadelphia Area for the 

2007 attainment year, the 2017 interim 

year, and the 2025 maintenance plan 

end year for the 1997 annual PM2.5

NAAQS. The inventories show that, 

between 2007 and 2025, the Area is 

projected to reduce direct PM2.5

emissions by 9,055 tpy, NOX emissions 

by 106,099 tpy, and SO2 emissions by 

34,265 tpy. Thus, the projected 

emissions inventories show that the 

Delaware portion of the Philadelphia 

Area will continue to maintain the 1997 

annual PM2.5 standards during the 

maintenance period. Note that the 

emission projections for the Delaware 

portion of the Area contain 

subcategories for point source and nonroad emissions sources. ‘‘Non-road, 

MAR’’ refers to Marine Vessels, Aircraft 

and Locomotives (MAR). ‘‘Non-road, 

NMIM’’ refers to emissions sources 

covered by the National Mobile 

Inventory Model (NMIM). Point source 

emissions are reported as either from 

electric generating units (EGUs) or from 

non-EGU point sources. 

TABLE 5a—COMPARISON OF 2007, 2017, AND 2025 EMISSIONS OF DIRECT PM2.5 FOR THE DELAWARE PORTION OF THE

PHILADELPHIA AREA

[tpy] 

Direct PM2.5

Sector 2007 2017 2025 

2007–2017 2007–2025 

Reduction Percent 

reduction Reduction Percent reduction 

Non-point .............................................. 1,207 1,235 1,310 ¥28 ¥2 .3 ¥103 ¥8 .5 

Non-road, MAR .................................... 171 61 44 110 64 .2 126 74 .0 

Non-road, NMIM .................................. 156 106 103 51 32 .5 53 34 .0 

On-road ................................................ 324 199 199 125 38 .6 125 38 .6 

Point, EGU ........................................... 519 502 520 17 3 .2 ¥1 ¥0 .2 

Point, non-EGU .................................... 816 742 716 75 9 .1 100 12 .2 

Total .............................................. 3,193 2,844 2,893 349 11 301 9 

TABLE 5b—COMPARISON OF 2007, 2017, AND 2025 EMISSIONS OF DIRECT PM2.5 FOR THE ENTIRE PHILADELPHIA AREA

[tpy] 

Sector 

Direct PM2.5

2007 2017 2025 

2007–2025 

Reduction Percent 

reduction 

Point ......................................................................................................... 4,573 3,825 3,875 698 15.3 

Non-point ................................................................................................. 17,879 13,358 12,983 4,897 27.4 

On-road .................................................................................................... 3,795 2,488 1,443 2,352 62.0 

Non-road .................................................................................................. 2,466 1,606 1,357 1,109 45.0 

Total .................................................................................................. 28,713 21,277 19,657 9,055 31.5 

TABLE 6a—COMPARISON OF 2007, 2017, AND 2025 EMISSIONS OF NOX FOR THE DELAWARE PORTION OF THE

PHILADELPHIA AREA

[tpy] 

NOx

Sector 2007 2017 2025 

2007–2017 2007–2025 

Reduction Percent 

reduction Reduction Percent reduction 

Non-point .............................................. 1,293 1,295 1,296 ¥3 ¥0 .2 ¥3 ¥0 .2 

Non-road, MAR .................................... 2,825 1,810 1,279 1,015 35 .9 1,546 54 .7 

Non-road, NMIM .................................. 1,755 997 837 758 43 .2 918 52 .3 

On-road ................................................ 10,577 6,273 6,273 4,304 40 .7 4,304 40 .7 

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TABLE 6a—COMPARISON OF 2007, 2017, AND 2025 EMISSIONS OF NOX FOR THE DELAWARE PORTION OF THE

PHILADELPHIA AREA—Continued 

[tpy] 

NOx

Sector 2007 2017 2025 

2007–2017 2007–2025 

Reduction Percent 

reduction Reduction Percent reduction 

Point, EGU ........................................... 2,865 1,698 1,758 1,167 40 .7 1,107 38 .7 

Point, non-EGU .................................... 3,770 2,402 2,355 1,368 36 .3 1,415 37 .5 

Total .............................................. 23,084 14,475 13,797 8,609 37 9,287 40 

TABLE 6b—COMPARISON OF 2007, 2017, AND 2025 EMISSIONS OF NOX FOR THE ENTIRE PHILADELPHIA AREA

[tpy] 

Sector 

NOX

2007 2017 2025 

2007–2025 

Reduction Percent 

reduction 

Point ......................................................................................................... 31,759 13,049 19,817 11,942 37.6 

Non-point ................................................................................................. 18,043 17,528 17,741 302 1.7 

On-road .................................................................................................... 106,315 62,056 26,648 79,668 74.9 

Non-road .................................................................................................. 31,850 20,935 17,662 14,188 44.5 

Total .................................................................................................. 187,967 113,568 81,868 106,099 56.4 

TABLE 7a—COMPARISON OF 2007, 2017, AND 2025 EMISSIONS OF SO2 FOR THE DELAWARE PORTION OF THE

PHILADELPHIA AREA

[tpy] 

SO2

Sector 2007 2017 2025 

2007–2017 2007–2025 

Reduction Percent 

reduction Reduction Percent reduction 

Non-point .............................................. 630 521 469 109 17 .4 161 25 .6 

Non-road, MAR .................................... 1,027 112 37 915 89 .1 990 96 .4 

Non-road, NMIM .................................. 91 2 3 89 97 .3 88 96 .5 

On-road ................................................ 100 98 98 2 2 .4 2 2 .4 

Point, EGU ........................................... 9,119 2,419 2,572 6,700 73 .5 6,547 71 .8 

Point, non-EGU .................................... 4,261 3,843 3,780 418 9 .8 482 11 .3 

Total .............................................. 15,228 6,995 6,958 8,234 54 8,271 54 

TABLE 7b—COMPARISON OF 2007, 2017, AND 2025 EMISSIONS OF SO2 FOR THE ENTIRE PHILADELPHIA AREA

[tpy] 

Sector 

SO2

2007 2017 2025 

2007–2025 

Reduction Percent 

reduction 

Point ......................................................................................................... 35035 13375 13553 21482 61.3 

Non-point ................................................................................................. 16763 13466 9756 7007 41.8 

On-road .................................................................................................... 773 578 422 351 45.4

Non-road .................................................................................................. 6134 851 709 5425 88.4 

Total .................................................................................................. 58705 28270 24440 34265 58.4 

Tables 8a, 9a, and 10a provide a 

summary of the direct PM2.5, NOX, and 

SO2, respectively, emissions inventories 

for the Delaware portion of the 

Philadelphia Area for the 2008 

attainment year, the 2017 interim year, 

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and the 2025 maintenance plan end year 

for the 2006 24-hour PM2.5 NAAQS. 

Tables 8b, 9b, and 10b provide a 

summary of the direct PM2.5, NOX, and 

SO2, respectively, emissions inventories 

for the entire Philadelphia Area for the 

2007 attainment year, the 2017 interim 

year, and the 2025 maintenance plan 

end year for the 2006 24-hour PM2.5

NAAQS. The inventories show that, 

between 2008 and 2025, the Area is 

projected to reduce direct PM2.5

emissions by 6,287 tpy, NOX emissions 

by 73,606 tpy, and SO2 emissions by 

29,990 tpy. Thus, the projected 

emissions inventories show that the 

Delaware portion of the Philadelphia 

Area will continue to maintain the 2006 

24-hour PM2.5 standards during the 

maintenance period. 

TABLE 8a—COMPARISON OF 2008, 2017, AND 2025 EMISSIONS OF DIRECT PM2.5 FOR THE DELAWARE PORTION OF THE

PHILADELPHIA AREA

[tpy] 

Direct PM2.5

Sector 2008 2017 2025 

2008–2017 2008–2025 

Reduction Percent 

reduction Reduction Percent reduction 

Non-point .............................................. 1,191 1,247 1,327 ¥56 -4 .7 ¥136 ¥11 .4 

Non-road, MAR .................................... 164 59 42 106 64 .3 122 74 .3 

Non-road, NMIM .................................. 148 106 103 42 28 .6 45 30 .2 

On-road ................................................ 282 199 199 83 29 .4 83 29 .4 

Point, EGU ........................................... 396 410 427 ¥14 ¥3 .5 ¥32 ¥8 .0 

Point, non-EGU .................................... 713 504 398 209 29 .3 315 44 .1 

Total .............................................. 2,894 2,524 2,497 370 13 396 14 

TABLE 8b—COMPARISON OF 2008, 2017, AND 2025 EMISSIONS OF DIRECT PM2.5 FOR THE ENTIRE PHILADELPHIA AREA

[tpy] 

Sector 

Direct PM2.5

2008 2017 2025 

2008–2025 

Reduction Percent 

reduction 

Point ......................................................................................................... 4,790 4,006 4,058 731 15.3 

Non-point ................................................................................................. 11,935 8,917 8,667 3,269 27.4 

On-road .................................................................................................... 2,437 1,125 951 1,486 61.0 

Non-road .................................................................................................. 1,728 1,598 927 801 46.4 

Total .................................................................................................. 20,889 15,646 14,602 6,287 30.1 

TABLE 9a—COMPARISON OF 2008, 2017, AND 2025 EMISSIONS OF NOX FOR THE DELAWARE PORTION OF THE

PHILADELPHIA AREA

[tpy] 

Sector 

NOX

2008 2017 2025 

2008–2017 2008–2025 

Reduction Percent 

Reduction Reduction Percent Reduction 

Non-point .............................................. 1,287 1,299 1,297 ¥12 ¥0 .9 ¥10 ¥0 .8 

Non-road, MAR .................................... 2,641 1,760 1,247 881 33 .3 1,394 52 .8 

Non-road, NMIM .................................. 1,676 997 837 679 40 .5 840 50 .1 

On-road ................................................ 9,311 6,273 6,273 3,038 32 .6 3,038 32 .6 

Point, EGU ........................................... 2,185 1,629 1,707 556 25 .4 478 21 .9 

Point, non-EGU .................................... 3,404 1,724 1,421 1,680 49 .4 1,983 58 .3 

Total .............................................. 20,504 13,682 12,782 6,822 33 7,722 38 

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TABLE 9b—COMPARISON OF 2008, 2017, AND 2025 EMISSIONS OF NOX FOR THE ENTIRE PHILADELPHIA AREA

[tpy] 

Sector 

NOX

2008 2017 2025 

2008–2025 

Reduction Percent 

reduction 

Point ......................................................................................................... 31,233 12,833 19,489 11,744 37.6 

Non-point ................................................................................................. 23,477 22,807 23,085 392 1.7 

On-road .................................................................................................... 25,905 17,028 14,366 11,540 44.5 

Non-road .................................................................................................. 66,631 38,892 16,701 49,930 74.9 

Total .................................................................................................. 147,247 91,560 73,640 73,606 50.0 

TABLE 10a—COMPARISON OF 2008, 2015, AND 2025 EMISSIONS OF SO2 FOR THE DELAWARE PORTION OF THE

PHILADELPHIA AREA

[tpy] 

SO2

Sector 2008 2017 2025 

2008–2017 2008–2025 

Reduction Percent 

reduction Reduction Percent reduction 

Non-point .............................................. 402 336 286 66 16 .5 116 28 .8 

Non-road, MAR .................................... 1,039 120 39 919 88 .4 1,000 96 .2 

Non-road, NMIM .................................. 28 2 3 25 91 .0 25 88 .4 

On-road ................................................ 94 98 98 ¥3 ¥3 .4 ¥3 ¥3 .4 

Point, EGU ........................................... 7,122 2,017 2,161 5,104 71 .7 4,960 69 .7 

Point, non-EGU .................................... 3,454 2,559 2,096 895 25 .9 1,358 39 .3 

Total .............................................. 12,139 5,132 4,683 7,007 58 7,456 61 

TABLE 10b—COMPARISON OF 2008, 2015, AND 2025 EMISSIONS OF SO2 FOR THE ENTIRE PHILADELPHIA AREA

[tpy] 

Sector 

SO2

2008 2017 2025 

2008–2025 

Reduction Percent 

reduction 

Point ......................................................................................................... 29,340 11,201 11,350 17,990 61.3 

Non-point ................................................................................................. 17,016 13,669 9,903 7,113 41.8 

On-road .................................................................................................... 5,312 737 614 4,698 88.4 

Non-road .................................................................................................. 416 311 227 189 45.4 

Total .................................................................................................. 52,085 25,919 22,095 29,990 57.6 

Sections 8.2.3, Control Measures for 

Maintenance of Good Air Quality, in 

Delaware’s maintenance plans and 

redesignation requests for both the 1997 

annual and 2006 24-hour PM2.5

standards, summarize emission 

reductions between the attainment years 

and the maintenance plan end years, i.e. 

between 2007 or 2008 and 2025 in the 

Delaware portion of the Area. The 

emissions reductions data included in 

Tables 8–6 of Sections 8.2.3 of 

Delaware’s redesignations requests and 

maintenance plans for the 1997 annual 

and 2006 24-hour PM2.5 NAAQS are 

summarized in Tables 11a and 11b, for 

the 1997 annual and 2006 24-hour 

NAAQS, respectively. 

TABLE 11a—2007 TO 2025 EMISSION REDUCTIONS DUE TO CONTROL MEASURES FOR THE 1997 ANNUAL PM2.5

STANDARD

NOX PM2.5 SO2

EGUs 

DE Admin Code 1146 (Multi-Pollutant Regulation) ............................................................... 1,240 .8 10 .5 6,562 .4 

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TABLE 11a—2007 TO 2025 EMISSION REDUCTIONS DUE TO CONTROL MEASURES FOR THE 1997 ANNUAL PM2.5

STANDARD—Continued 

NOX PM2.5 SO2

Non-EGUs 

Delaware City Refinery NOX CAP (1650 tpy) post-2015 ...................................................... 1,157 .26 0 .00 0 .00 

Reciprocating Internal Combustion Engines—Maximum Achievable Control Technology, 

(RICE MACT) (76 FR 12863) ............................................................................................ 0 .02 0 .08 0 .00 

Chrysler Plant Shutdown/unit shutdown ................................................................................ 6 .50 0 .89 16 .64 

Non-point 

RICE MACT ........................................................................................................................... 42 .51 0 .30 0 .00 

EPA New Source Performance Standards for Woodstoves (NSPS), 40 CFR part 60, subpart AAA ............................................................................................................................. 5 .00 76 .64 0 .84 

Non-road (NMIM model) ........................................................................................................ 918 53 88 

On-road (MOVES model) ...................................................................................................... 4,304 125 2 

Marine Vessels, Aircraft and Locomotives (MAR) 

Control of Emissions of Air Pollution from Locomotive Engines and Marine CompressionIgnition Engines Less Than 30 Liters per Cylinder; Republication; Final Rule. (73 FR 

37096) ................................................................................................................................ 933 37 152 

Control of Emissions From New Marine Compression-Ignition Engines at or Above 30 Liters per Cylinder (75 FR 22895) ........................................................................................ 631 90 836 

Totals .............................................................................................................................. 9,241 394 7,660 

TABLE 11b—2008 TO 2025 EMISSION REDUCTIONS DUE TO CONTROL MEASURES FOR THE 2006 24-HOUR PM2.5

STANDARD

NOX PM2.5 SO2

EGUs 

DE Admin Code 1146 (Multi-Pollutant Regulation) ............................................................... 953 .4 3 .5 5,171 .1 

Non-EGUs 

Delaware City Refinery NOX CAP (1650 tpy) post-2015 ...................................................... 874 .7 0 .0 0 .0 

RICE MACT (76 FR 12863) .................................................................................................. 0 .0 0 .1 0 .0 

Chrysler Plant Shutdown/unit shutdown ................................................................................ 8 .4 0 .7 6 .0 

Area 

RICE MACT ........................................................................................................................... 42 .5 0 .3 0 .3 

Woodstoves NSPS, 40 CFR part 60 ..................................................................................... 4 .9 74 .1 0 .8 

Non-road (NMIM model) ........................................................................................................ 840 45 25 

On-road (MOVES model) ...................................................................................................... 3,038 83 ¥3 

Marine Vessels, Aircraft and Locomotives (MAR) 

Control of Emissions of Air Pollution from Locomotive Engines and Marine CompressionIgnition Engines Less Than 30 Liters per Cylinder; Republication; Final Rule. (73 FR 

37096) ................................................................................................................................ 862 .3 32 .9 150 .1 

Control of Emissions From New Marine Compression-Ignition Engines at or Above 30 Liters per Cylinder (75 FR 22895) ........................................................................................ 597 .3 90 .7 850 .7 

Total ................................................................................................................................ 7,221 330 6,200 

Delaware included Regulation 1142, 

Section 2.0, Control of Nitrogen Oxide 

(NOX) Emissions from Industrial Boilers 

and Process Heaters at Petroleum 

Refineries, in that list. However, as 

explained above, Regulation 1142, 

Section 2.0 is the subject of a separate 

proposed rulemaking action, published 

on February 22, 2013 (78 FR 12460). 

Therefore, EPA has conducted an 

analysis to determine if the area can 

demonstrate maintenance without 

emission reductions from that 

regulation. 

Delaware has determined that 

Regulation 1142, Section 2.0, also 

known as the Delaware City Refinery 

NOX Cap, achieves 1,157.26 tons of NOX

reductions between 2007 and 2025, and 

874.7 tons of NOX reductions between 

2008 and 2025. (See Tables 8–6 of 

Delaware’s redesignation requests for 

the 1997 annual and 2006 24-hour PM2.5

NAAQS, respectively.) 

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TABLE 12—MAINTENANCE DEMONSTRATION, NOT CONSIDERING EMISSION REDUCTIONS FROM DELAWARE REGULATION

1142 

1997 annual PM2.5 NAAQS NOX (tons) 2006 24-hour PM2.5 NAAQS NOX (tons) 

2025 Maintenance Year ................................................. 81,868 2025 Maintenance Year ................................................. 73,640 

Plus Reductions from Regulation 1142, Section 2 ........ 1,157 .26 Plus Reductions from Regulation 1142, Section 2 ........ 874 .7 

Adjusted 2025 ................................................................. 83,025 Adjusted 2025 ................................................................ 74,515 

2007 Attainment Year ..................................................... 187,967 2008 Attainment Year .................................................... 147,247 

In both cases, the adjusted 2025 NOX

emissions are well below the attainment 

year emissions. Therefore, Regulation 

1142, Section 2 is not needed for 

maintenance of either the 1997 annual 

or 2006 24-hour PM2.5 NAAQS. 

Therefore, EPA is not relying upon 

Regulation 1142, Section 2.0 in its 

evaluation of Delaware’s maintenance 

plans for the 1997 annual or 2006 24- 

hour PM2.5 NAAQS. 

3. Monitoring Network 

There are four PM2.5 monitors in the 

Delaware portion of the Philadelphia 

Area. Delaware’s maintenance plans 

include a commitment to continue to 

operate its EPA-approved monitoring 

network, as necessary to demonstrate 

ongoing compliance with the 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

DNREC will consult with EPA prior to 

making any necessary changes to the 

PM2.5 monitoring network and will 

continue to quality assure the 

monitoring data in accordance with the 

requirements of 40 CFR part 58. 

4. Verification of Continued Attainment 

Delaware will acquire ambient 

monitoring and source emission data to 

track attainment and maintenance. 

Delaware will also track the progress of 

the maintenance demonstration by 

periodically updating the emissions 

inventory as required by the Annual Air 

Emissions Reporting Requirements Rule 

(AERR), or as required by federal 

regulation during the maintenance plan 

period. This includes developing annual 

inventories for major point sources and 

a comprehensive periodic inventory 

covering all source categories every 

three years. Tracking will include the 

evaluation of annual and periodic 

evaluations for any significant emission 

increases above the 2007 and 2008 

attainment year levels. 

5. Contingency Measures 

The contingency plan provisions are 

designed to promptly correct a violation 

of either the 1997 annual or the 2006 24- 

hour PM2.5 NAAQS that occurs in the 

Area after redesignation. Section 175A 

of the CAA requires that a maintenance 

plan include such contingency 

measures as EPA deems necessary to 

ensure that Delaware will promptly 

correct a violation of either the 1997 

annual or the 2006 24-hour PM2.5

NAAQS that occurs in the Area after 

redesignation. The maintenance plan 

should identify the events that would 

‘‘trigger’’ the adoption and 

implementation of a contingency 

measure(s), the contingency measure(s) 

that would be adopted and 

implemented, and the schedule 

indicating the time frame by which the 

state would adopt and implement the 

measure(s). 

Delaware’s maintenance plans outline 

the procedures for the adoption and 

implementation of contingency 

measures to further reduce emissions 

should a violation occur. Delaware’s 

contingency measures include a 

warning level response and an action 

level response. An initial warning level 

response is triggered for the 1997 annual 

PM2.5 NAAQS when the PM2.5 average 

of the weighted annual mean for a single 

calendar year exceeds 15.1 m g/m3 at any 

monitor within the Philadelphia Area. 

An initial warning level response is 

triggered for the 2006 24-hour PM2.5

NAAQS when the 98th percentile 24- 

hour PM2.5 concentration for a single 

calendar year exceeds 35.5 m g/m3

within the Area. In addition, for both 

the 1997 annual and 2006 24-hour 

PM2.5, a warning level response is also 

triggered if total PM2.5, NOX and SO2

emissions in the Delaware portion of the 

Area increase more than 10% above 

attainment year levels. 

For the 1997 annual PM2.5 NAAQS, 

the action level response will be 

prompted by any one of the following: 

(1) A two-year average of the weighted 

annual mean of 15.1 m g/m3 or greater 

occurs within the Area; or (2) a violation 

of the standard occurs in the Area (i.e. 

a three-year average of the weighted 

annual means of 15.1 m g/m3 or greater). 

For the 2006 24-hour PM2.5 NAAQS, the 

action level response will be prompted 

by any one of the following: (1) a twoyear average of the 98th percentile of 

35.5 m g/m3or greater within the Area; or 

(2) a violation of the standard occurs in 

the Area (i.e. a three-year average of the 

98th percentile of 35.5 m g/m3 or 

greater). 

In order to select appropriate 

corrective measures for warning or 

action level triggers, DNREC will 

conduct a study to determine the causes 

of the violation and the control 

measures necessary to mitigate the 

problem. The study will evaluate 

whether the trend, if any, is likely to 

continue and if so, the control measures 

necessary to reverse the trend taking 

into consideration ease and timing for 

implementation as well as economic 

and social considerations. Based on the 

results of the analysis, contingency 

measures will be selected. However, if 

a new measure is already promulgated 

and scheduled to be implemented at the 

federal or state level at such time after 

the exceedance, and that measure or 

control is determined to be sufficient to 

address the upward trend in air quality, 

additional local measures may be 

unnecessary. Delaware will submit to 

EPA an analysis to demonstrate the 

proposed measures are adequate to 

return the area to attainment. Adoption 

of additional control measures is subject 

to necessary administrative and legal 

processes. 

Should a warning level response be 

triggered, measures that can be 

implemented in a short time will be 

selected in order to be in place within 

18 months from the close of the 

calendar year that prompted the 

warning level. Should an action level 

response be triggered, implementation 

of necessary control measures will take 

place as expeditiously as possible, but 

in no event later than 18 months after 

the DNREC makes a determination, 

based on quality-assured ambient data, 

that a violation of the NAAQS has 

occurred. 

DNREC has indentified the following 

potential contingency measures for both 

the 1997 annual and 2006 24-hour 

maintenance plans. 

• Lower particulate limits for No. 6 

fuel oil-fired boilers. 

• Working with the local 

metropolitan planning agencies to 

implement transportation control 

measures. 

• Low-sulfur distillate and residual 

fuels. 

• Additional PM2.5 controls for EGUs 

and large industrial boilers burning 

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12Review of the NAAQS for Particulate Matter— 

Regulatory Impact Analysis.’’ Docket ID No. EPA– 

HQ–OAR–2010–0955. 

13These emissions estimates were taken from the 

emissions inventories developed for the RIA for the 

2012 PM2.5 NAAQS. 

fuels other than distillate fuel or natural 

gas. 

• Vehicle inspection and 

maintenance program enhancements 

(increase weight limit, addition of diesel 

vehicles, etc.). 

• Alternative fuel and additional 

diesel retrofit programs for fleet vehicle 

operations. 

• Require NOX or SO2 emission 

offsets for new and modified major 

sources. 

• Increase the ratio of emission offsets 

required for new sources. 

• Require NOX or SO2 controls on 

new minor sources (less than 100 tons). 

• Require increased recovery 

efficiency at sulfur recovery plants. 

• Broader geographic applicability of 

existing measures. 

• Fuel switching from coal to natural 

gas at the Calpine Edge Moor power 

plant (contingency measure only in the 

24-hour PM2.5 NAAQS maintenance 

plan). 

6. EPA’s Evaluation of VOC and 

Ammonia Precursors in Delaware’s 

Maintenance Plans 

With regard to the redesignation of 

the Delaware portion of the 

Philadelphia Area in evaluating the 

effect of the Court’s remand of EPA’s 

1997 PM2.5 Implementation Rule, which 

included presumptions against 

consideration of VOC and ammonia as 

PM2.5 precursors, EPA in this proposed 

rulemaking action is also considering 

the impact of the decision on the 

maintenance plan required under 

sections 175A and 107(d)(3)(E)(iv). To 

begin with, EPA notes that the Area has 

attained both the 1997 annual and 2006 

24-hour PM2.5 standard and that 

Delaware has shown that attainment of 

these standards is due to permanent and 

enforceable emission reductions. 

EPA proposes to determine that the 

Delaware’s maintenance plan shows 

continued maintenance of the 1997 

annual and 2006 24-hour PM2.5

standards by tracking the levels of the 

precursors whose control brought about 

attainment of the standards in the 

Philadelphia Area. EPA, therefore, 

believes that the only additional 

consideration related to the 

maintenance plan requirements that 

results from the Court’s January 4, 2013 

decision is that of assessing the 

potential role of VOC and ammonia in 

demonstrating continued maintenance 

in this Area. As explained subsequently, 

based upon documentation provided by 

the State and supporting information, 

EPA believes that the maintenance 

plans for the Delaware portion of the 

Area need not include any additional 

emission reductions of VOC or ammonia 

in order to provide for continued 

maintenance of the 1997 annual and the 

2006 24-hour PM2.5 NAAQS. 

First, as noted previously in EPA’s 

discussion of section 189(e), VOC 

emission levels in the Philadelphia Area 

have historically been well-controlled 

under SIP requirements related to ozone 

and other pollutants. Second, total 

ammonia emissions throughout the 

Philadelphia Area are low, especially in 

comparison to the total amounts of SO2, 

NOX, and even direct PM2.5 emissions 

from sources in the Area. 

In the Philadelphia Area, emissions of 

direct PM2.5, NOX, and SO2 are 

projected to decrease by 9,055 tpy, 

106,099 tpy, and 34,265 tpy, 

respectively, over the maintenance 

period for the 1997 annual PM2.5

NAAQS and by 6,287 tpy, 73,606 tpy, 

and 29,990 tpy, respectively, over the 

maintenance period for the 2006 24- 

hour PM2.5 NAAQS. See Tables 5b 

through 10b. In addition, emissions 

inventories used in the regulatory 

impact analysis (RIA) for the 2012 PM2.5

NAAQS 12 show that VOC and ammonia 

emissions are projected to decrease by 

33,076 tpy and 611 tpy, respectively, 

between 2007 and 2020. See Table 13. 

While the RIA emissions inventories are 

only projected out to 2020, there is no 

reason to believe that this downward 

trend would not continue through 2025. 

Given that the Philadelphia Area is 

already attaining the 1997 annual and 

2006 24-hour PM2.5 NAAQS even with 

the current level of emissions from 

sources in the area, the downward trend 

of emissions inventories would be 

consistent with continued attainment. 

Indeed, projected emissions reductions 

for the precursors that the State is 

addressing for purposes of the 1997 

annual and 2006 24-hour PM2.5 NAAQS 

indicate that the area should continue to 

attain the NAAQS following the 

precursor control strategy that the state 

has already elected to pursue. Even if 

VOC and ammonia emissions were to 

increase unexpectedly between 2020 

and 2025, the overall emissions 

reductions projected in direct PM2.5,

SO2, and NOX would be sufficient to 

offset any increases. For these reasons, 

EPA believes that local emissions of all 

of the potential PM2.5 precursors will 

not increase to the extent that they will 

cause monitored PM2.5 levels to violate 

the 1997 annual and 2006 24-hour PM2.5

standard during the maintenance 

period. 

TABLE 13—COMPARISON OF 2007 AND 2020 EMISSIONS OF VOC AND AMMONIA FOR THE ENTIRE PHILADELPHIA AREA, IN

TPY 13

Sector 

VOC Ammonia 

2007 2020 Net change 

2007–2020 2007 2020 Net change 2007–2020 

Point ......................................................... 9,475 8,906 569 905 1,085 ¥180 

Area .......................................................... 71,981 72,537 ¥556 4,821 5,001 ¥180 

Non-road .................................................. 27,267 16,032 11,234 34 40 ¥6 

On-road .................................................... 35,169 13,340 21,829 2,005 1,029 977 

Fires ......................................................... 1,798 1,798 0 125 125 0 

Total .................................................. 145,689 112,613 33,076 7,890 7,279 611 

In addition, available air quality 

modeling analyses show continued 

maintenance of the standard during the 

maintenance period. The current annual 

design value for the Area is 13.7 mg/m3

and the current 24-hour design value is 

33 mg/m3, based on 2010–2012 air 

quality data, which are well below the 

levels of the 1997 annual and 2006 24- 

hour PM2.5 NAAQS. See Tables 1 and 2. 

Moreover, the modeling analysis 

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14The 2020 projected PM2.5 design values are part 

of the RIA for the 2012 PM2.5 NAAQS. 

conducted for the RIA for the 2012 

PM2.5 NAAQS indicates that the design 

values for the Philadelphia Area are 

expected to continue to decline through 

2020. In the RIA analysis, the 2020 

modeled annual design value for the 

Area is 9.4 mg/m3 and the 2020 24-hour 

design value is 24 mg/m3.14 Given that 

most precursor emissions are projected 

to decrease through 2025, it is 

reasonable to conclude that monitored 

PM2.5 levels in the Area will also 

continue to decrease through 2025. 

Thus, EPA believes that there is 

ample justification to conclude that the 

Delaware portion of the Philadelphia 

Area should be redesignated, even 

taking into consideration the emissions 

of other precursors potentially relevant 

to PM2.5. After consideration of the D.C. 

Circuit’s January 4, 2013 decision, and 

for the reasons set forth in this 

rulemaking action, EPA proposes to 

approve Delaware’s maintenance plans 

and requests to redesignate its portion of 

the Philadelphia Area to attainment for 

the 1997 annual and 2006 24-hour PM2.5

standards. This proposed approval is 

based on a showing that Delaware’s 

maintenance plans provides for 

maintenance of both the 1997 annual 

and 2006 24-hour PM2.5 standards for at 

least ten years after redesignation, 

throughout 2025, in accordance with 

section 175A. 

C. Motor Vehicle Emissions Budgets 

Section 176(c) of the CAA requires 

Federal actions in nonattainment and 

maintenance areas to ‘‘conform to’’ the 

goals of SIPs. This means that such 

actions will not cause or contribute to 

violations of a NAAQS, worsen the 

severity of an existing violation, or 

delay timely attainment of any NAAQS 

or any interim milestone. Actions 

involving Federal Highway 

Administration (FHWA) or Federal 

Transit Administration (FTA) funding 

or approval are subject to the 

transportation conformity rule (40 CFR 

part 93, subpart A). Under this rule, 

metropolitan planning organizations 

(MPOs) in nonattainment and 

maintenance areas coordinate with state 

air quality and transportation agencies, 

EPA, and the FHWA and FTA to 

demonstrate that their long range 

transportation plans and transportation 

improvement programs (TIP) conform to 

applicable SIPs. This is typically 

determined by showing that estimated 

emissions from existing and planned 

highway and transit systems are less 

than or equal to the MVEBs contained 

in the SIP. 

On December 12, 2012, Delaware 

submitted a SIP revision that contains 

the PM2.5 and NOX on-road mobile 

source budgets. In a separate and 

concurrent process, EPA is conducting a 

process to find adequate the MVEBs for 

New Castle County which are associated 

with the Delaware maintenance plan for 

the Philadelphia Area. Concurrently 

with EPA’s proposal to approve the SIP, 

a notice will be posted on EPA’s Web 

site at http://www.epa.gov/otaq/ 

stateresources/transconf/currsips.htm 

for the purpose of opening a 30-day 

public comment period on the adequacy 

of the MVEBs for New Castle County in 

the maintenance plan for the 

Philadelphia Area. That notice will 

inform the public of the availability of 

the Delaware SIP revision on DNREC’s 

Web site. Interested members of the 

public can access Delaware’s December 

12, 2012 SIP revision on line at 

www.regulations.gov, Docket No. EPA– 

R03–OAR–2014–0022. Following EPA’s 

public comment period, responses to 

any comments received will be 

addressed. EPA has reviewed the 

MVEBs and found them consistent with 

the maintenance plan and that the 

budgets meet the criteria for adequacy 

and approval. Additional information 

pertaining to the review of the MVEBs 

can be found in the TSD in this docket 

titled Adequacy Findings for the Motor 

Vehicle Emissions Budgets in the 

Maintenance Plan for the Delaware 

Portion of the Philadelphia-Wilmington 

PA–NJ–DE 1997 Fine Particulate (PM2.5) 

National Ambient Air Quality Standard 

(NAAQS) Nonattainment Area. 

VI. Proposed Actions 

EPA is proposing to approve 

Delaware’s requests to redesignate the 

Delaware portion of the Philadelphia 

Area from nonattainment to attainment 

for the 1997 annual and the 2006 24- 

hour PM2.5 NAAQS. EPA has evaluated 

Delaware’s redesignation requests and 

determined that upon approval of the 

2008 comprehensive emissions 

inventory for the 2006 24-hour PM2.5

NAAQS proposed as part of this 

rulemaking action, it would meet the 

redesignation criteria set forth in section 

107(d)(3)(E) of the CAA for both 

standards. EPA believes that the 

monitoring data demonstrate that the 

Philadelphia Area is attaining and will 

continue to attain the 1997 annual and 

2006 24-hour PM2.5 NAAQS. EPA is also 

proposing to approve the associated 

maintenance plans for the Delaware 

portion of the Area as a revision to the 

Delaware SIP for the 1997 annual and 

2006 24-hour PM2.5 standards because it 

meets the requirements of CAA section 

175A for both standards. For 

transportation conformity purposes, 

EPA is also proposing to approve 

MVEBs for both the 1997 annual and 

2006 24-hour PM2.5 standards. Final 

approval of the redesignation requests 

would change the official designations 

of the Delaware portion of the 

Philadelphia Area for the 1997 annual 

and the 2006 24-hour PM2.5 NAAQS, 

respectively, found at 40 CFR part 81, 

from nonattainment to attainment, and 

would incorporate into the Delaware 

SIP the associated maintenance plans 

ensuring continued attainment of the 

1997 annual and 2006 24-hour PM2.5

NAAQS in the Delaware portion of the 

Area for the next 10 years, until 2025. 

EPA is soliciting public comments on 

the issues discussed in this document. 

These comments will be considered 

before taking final action. 

VII. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of the 

maintenance plan under CAA section 

107(d)(3)(E) are actions that affect the 

status of geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

required by state law. A redesignation to 

attainment does not in and of itself 

impose any new requirements, but 

rather results in the application of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, 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 proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law and 

the CAA. 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 

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Federal Register / Vol. 79, No. 70 / Friday, April 11, 2014 / Proposed Rules 20161 

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, in which EPA 

is proposing approval of the 

redesignation requests and maintenance 

plans for the Delaware portion of the 

Philadelphia Area for the 1997 annual 

and 2006 24-hour PM2.5 NAAQS and the 

2008 comprehensive emissions 

inventory for the 2006 24-hour PM2.5

NAAQS, 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen oxides, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

40 CFR Part 81 

Air pollution control, National parks, 

and Wilderness areas. 

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

Dated: April 2, 2014. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

[FR Doc. 2014–08246 Filed 4–10–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 140214138–4138–01] 

RIN 0648–XD139 

Fisheries of the Northeastern United 

States; Atlantic Bluefish Fishery; 2014 

Atlantic Bluefish Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed specifications; request 

for comments. 

SUMMARY: NMFS proposes specifications 

for the 2014 Atlantic bluefish fishery, 

including an annual catch limit, total 

allowable landings, a commercial quota 

and recreational harvest limit, and a 

recreational possession limit. The intent 

of this action is to establish the 

allowable 2014 harvest levels and other 

management measures to achieve the 

target fishing mortality rate, consistent 

with the Atlantic Bluefish Fishery 

Management Plan. 

DATES: Comments must be received on 

or before April 28, 2014. 

ADDRESSES: You may submit comments, 

identified by NOAA–NMFS–2014–0026, 

by any one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking portal. Go to 

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2014- 

0026, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

John Bullard, Regional Administrator, 

NMFS, Greater Atlantic Regional 

Fisheries Office, 55 Great Republic 

Drive, Gloucester, MA 01930. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publically accessible. NMFS will 

accept anonymous comments (enter 

‘‘N/A’’ in the required fields if you wish 

to remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, or Adobe PDF 

file formats only. 

Copies of the specifications 

document, including the supplemental 

Environmental Assessment and Initial 

Regulatory Flexibility Analysis (EA/

IRFA) and other supporting documents 

for the specifications, are available from 

Dr. Christopher M. Moore, Executive 

Director, Mid-Atlantic Fishery 

Management Council, Suite 201, 800 N. 

State Street, Dover, DE 19901. The 

specifications document is also 

accessible via the Internet at: http://

www.nero.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Carly Bari, Fishery Management 

Specialist, (978) 281–9224. 

SUPPLEMENTARY INFORMATION: 

Background 

The Atlantic bluefish fishery is 

managed cooperatively by the MidAtlantic Fishery Management Council 

(Council) and the Atlantic States Marine 

Fisheries Commission (Commission). 

The management unit for bluefish 

specified in the Atlantic Bluefish 

Fishery Management Plan (FMP) is U.S. 

waters of the western Atlantic Ocean. 

Regulations implementing the FMP 

appear at 50 CFR part 648, subparts A 

and J. The regulations requiring annual 

specifications are found at § 648.162. 

The FMP requires the Council to 

recommend, on an annual basis, the 

annual catch limit (ACL), annual catch 

target (ACT), and total allowable 

landings (TAL) that will control fishing 

mortality (F). An estimate of annual 

discards is deducted from the ACT to 

calculate the TAL that can be harvested 

during the year by the commercial and 

recreational fishing sectors. The FMP 

requires that 17 percent of the ACT be 

allocated to the commercial fishery, 

with the remaining 83 percent allocated 

to the recreational fishery. The Council 

may also recommend a research setaside (RSA) quota, which is deducted 

from the bluefish TAL (after any 

applicable transfer) in an amount 

proportional to the percentage of the 

overall TAL as allocated to the 

commercial and recreational sectors. 

The annual review process for 

bluefish requires that the Council’s 

Bluefish Monitoring Committee and 

Scientific and Statistical Committee 

(SSC) review and make 

recommendations based on the best 

available scientific information, 

including, but not limited to, 

commercial and recreational catch/

landing statistics, current estimates of 

fishing mortality, stock abundance, 

discards for the recreational fishery, and 

juvenile recruitment. Based on the 

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