November 14, 2008

SUBJECT: Technical Support Document - Adequacy Findings for the Motor Vehicle

Emissions Budgets in the 2008 Reasonable Further Progress Plan for the

Delaware Portion of the Philadelphia-Wilmington-Trenton Nonattainment Area(New Castle, Kent and Sussex Counties)

FROM: Mak!in Kotsch,

Environmental Engineer (3AP23)

TO• Administrative Record for the Adequacy Findings for the Motor Vehicle Emissions Budgets in the 2008

Reasonable Further Progress Plan for the Delaware

Portion ofthe Philadelphia-Wilmington-Trenton

Nonattainment Area (New Castle, Kent and Sussex

Counties)

THRU: Carol Febbo, Chief

Energy, Radiation and Indoor Environment Branch

(3AP23)

I. Administrative Requirements For Making Adequacy Findings

We have followed the process for determining the adequacy of the submitted State

lrnpementation Plan (SIP) Motor Vehicle Emissions Budgets (MVEBs) in accordance

with the procedures listed in the January 2008 Conformity Regulations contained in 40

CFR Part 93, §118(f) “Adequacy review process for implementation plan submissions”.

On June 13, 2007, the Delaware Department of Natural Resources and Environmental

Control, (DNREC) formally submitted a combined 2008 Reasonable Further ProgressPlan (hereafter the 2008 RFP Plan) and 2009 8-Hour Ozone Attainment Demonstration

Plan (hereafter the 2009 attainment demonstration) for the Delaware Portion of thePhi ladeiph ia-Wi I mington-Atlantic City 8-Hour Ozone Nonattainment Area as Stateimplementation Plan (SIP) revision.
website

), for the purpose of opening EPA

s 30-day public comment period on the

proposed MVEBs budgets in the Delaware Portion of Philadelphia-Wilmington-AtlanticCity 8-hour hour ozone attainment demonstration plan.

EPA’s public comment period closed on April 21, 2008. EPA received rio comments on

the proposed MVEBs.

This TSD will be an enclosure to the letter from EPA to the DNREC informing the Stateof our findings on MVEBs ofthe 2008 RFP Plan for the area submitted on June 13, 2007.

We will publish a Federal Register notice announcing our adequacy findings. Theeffective date ofthe adequacy findings will be 15 days after the publication date of that

notice. Once EPA has published the Federal Register notice, the letter we sent toDNREC and its enclosure, this TSD will also be posted at the EPA website.

II. Evaluation of the Budgets

Table I -The Budgets

Clean Air Act Milestone Year Mobile Vehicle Mobile Vehicle

Requirement Emissions Budget for Emissions Budget for

NOx in Tons Per Day VOC in Tons Per Day

Reasonable Further 2008 21.35 10.61

Progress

New Castle County

Reasonable Further 2008 9.68 4.14Progress

Kent County

Reasonable Further 2008 12.86 7.09

Progress

Sussex County
Transportation Conformity Review Criteria Was the Criterion Satisfied?

Rule If Yes How was this Criteria

40 CFR Part 93, ‘ 93.118 Satisfied?Sec. 93.1 18(e)(4)(i) Was the submitted control Yes. The SIP was endorsed

strategy implementation plan and submitted by theendorsed by the Governor (or Secretary of DNREC, the

his or her designee) and Qovernor’s designee formallysubject to a State public delegated the authority to

hearing? submit SIP revisions to EPA.

. .A public hearing was held.

Sec. 93.1 1 8(e)(4)(ii) Before the control strategy Yes. Consultation has

implementation plan was occurred among all required

submitted to EPA, did federal, state and local

consultation between Federal, agencies.

State and local agencies

occur; was full

implementation plan

documentation provided toEPA, and was EPA’s statedconcerns, if any, addressed?

Sec. 93.1 1 8(e)(4)(iii) Were the motor vehicle Yes. The 2008 budgets are

emissions budgets clearly found in Table 9-1, oftheidentified and precisely ROP plan submittal.quantified?
strategy implementation

plan?

by Delaware in New Castle,Kent and Sussex Counties

achieve the reductions

necessary to meet the ROPrequirements. The control

measures include the

FMVCP and RVP, Tier IVehicle Emission Standards,Enhanced IIM, RFG, HDDE,

the NLEV Program and the

Tier 2/Sulfur-in Fuel Rule.

Sec. 93.1 1 8(e)(4)(v) Is the motor vehicle Yes.

emissions budget(s)

consistent with and clearly

related to the emissions

inventory and the control

measures in the submittedcontrol strategy

• implementation plan?

Sec. 93.1 1 8(e)(4)(vi) Revisions to previously Yes. The SIP submission

submitted control strategy explains that the revisedimplementation plan: explain MVEBs are in response to

and document any changes to EPA’s 1997 revision to the

previously submitted budgets previous ozone standard. This

and control measures; revision revoked theimpacts on point and area previous 1-hour ozonesource emissions;. any standard and replaced with a

changes to established safety more stringent 8 hour ozone

margins (see Sec. 93.101 for standard.

definition); and reasons for

the changes (including the

basis for any changes relatedto emission factors or

estimates of vehicle milestraveled).
III. Recommendation -Based upon our review and evaluation ofthe budgets contained

in the Reasonable Further Progress Plans for 2008 submitted on June 12, 2007 by theState of Delaware for New Castle, Kent and Sussex Counties, we recommend that the

motor vehicle budgets be found adequate.

IV. The Applicable Motor Vehicle Emissions Budgets for Purposes of

Demonstrating Conformity for 2008 in Kent & New Castle Counties -The applicable

motor vehicle emissions budgets for purposes of demonstrating conformity are 21.35

tons/day of NOx and 10.61 tons/day VOC for New Castle County and 9.68 tons/day of

NOx and 4.14 tons/day VOC for Kent County and 12.86 tons/day of NOx and 7.09

tons/day of VOC for Sussex County.
Honorable John Hughes, Secretary Nov 2 0 2CO

Delaware Department of Natural Resources

and Environmental Control89 Kings Highway

Dover, DE 19901

Dear Secretary Hughes:

On June 12, 2007, the State of Delaware submitted a proposed State Implementation Plan

(SIP) revision entitled “Delaware State implementation Plan for Attainment ofthe 8-Hour Ozone

National Ambient Air Quality Standard Reasonable Further Progress and Attainment”. This SIP

revision submittal contained proposed motor vehicle emissions budgets (MVEBs) for 2008 and

2009.

On March 21, 2008, we posted the availability ofthese budgets for the Delaware Portion

of the Philadelphia-Wilmington-Atlantic City 8-Hour Ozone Nonattainment Area on EPA’sconformity website for the purpose ofsoliciting public comment. The comment period closed on

April 21, 2008. We received no comments on the proposed MVEBs.

We have reviewed the MVEBs in the proposed SIP revision in accordance with the

procedures and criteria for review in the following sections of the Conformity Rule: 40 CFR Part

93, Sections 93.11 8(e)(4)(i) through (e)(4)(vi) and Section 93.1 18(e)(5). This letter transmitsour decision that the 2008 MVEBs contained in the SIP revision are adequate for transportation

conformity purposes. EPA’s adequacy determination does not address the MVEBs contained in

the 2009 attainment demonstration.

The 2008 MVEBs are consistent with the required rate of progress plan for the Delaware

Portion of the Philadelphia-Wilmington-Atlantic City 8-Hour Ozone Nonattainment area. These

MVEBs serve to strengthen the SIP through continued progress towards attainment and ensure

that motor vehicle emissions remain consistent with the emissions levels provided for in the SIP.

A copy ofthis letter will soon be posted on the Internet at

http ://www. epa. gov/otac/stateresources/transcon f/adeguacy.htm. We will also announce the

adequacy finding in the Federal Register. The finding will become effective 15 days after the

Federal Regisieier announcement.

The Technical Support Document (TSD) entitled, “Adequacy Findings for the Motor

Vehicle Emissions Budgets in the 2008 Reasonable Further Progress Plan for the Delaware

Portion ofthe Philadelphia-Wilmington-Atlantic City 8-Hour Ozone Nonattainment Area” is an

enclosure to this letter. This TSD details our review of the budgets.

Customer Service Hottine: 1-800-438-2474
Enclosure

cc: Au Mirzakhalili (DNREC)

Mark Glace (De1DOT)

Kwame Ahrin (FHWA, MD)

Tygist Zygeye (WILMAPCO)

Juanita S. Wieczoreck (Dover-Kent MPO)

Sincerely,

Air Protection Division

2
y

Kimberly D. Bose,

Secretory.[FR Doc. E8—30099 Filed 12—18—08; 8:45 am)

BILLING CODE 6717—01—PENVIRONMENTAL PROTECTION

AGENCY

[FRL—8755—2]

Delaware; Adequacy Status of the 2008Reasonable Further Progress Plan for

the Delaware Portion of the

Philadelphia-Wilmington-Atlantic City

8-Hour Ozone Nonattainment Area

Motor Vehicle Emission Budgets

AGENCY: Environmental Protection

Agency (EPA).ACTION: Notice of adequacy.SUMMARY: In this notice, EPA is

notifying the public that we have foundthat the Motor Vehicle EmissionsBudgets (MVEBs) in the Reasonable

Further Progress Plan (RFP) submittedas a State Implementation Plan (SIP)

revision on June 13, 2007 by theDelaware Department of Natural

Resources and Environmental Control

(DNREC), are adequate for

transportation conformity purposes. Asa result of EPA’s finding, the State of

Delaware must use the MVEBs from theJune 13, 2007 RFP Plan for future

conformity determinations for the 8-

hour ozone standard.

DATES: These MVEBs are effective

January 5, 2009.

FOR FURTHER INFORMATION CONTACT:

Martin Kotsch, U.S. EPA, Region III,

1650 Arch Street, Philadelphia, PA19103 at (215) 814—3335 or by e-mail at:

kotsch.mortin@EPA.gov. The finding is

available at EPA’s conformity Web site:

http://www.epo.gov/otoq/

stoteresources/tronsconf/currsips.htm.SUPPLEMENTARY INFORMATION:

Throughout this document “we,” “us,”

or “our” refer to EPA. The word

“budgets” refers to the motor vehicle

emission budgets for volatile organic

compounds (VOCs) and nitrogen oxides

(NOx). The word “SIP” in this

document refers to the RFP Plans for the

Delaware portion of the PhiladelphiaWilmington-Atlantic City Ozone

Nonattainment Area submitted to EPA

as SIP revisions on June 13, 2007.

Today’s notice is simply an

announcement of a finding that EPA hasalready made. In this notice, EPA is

notifying the public that we have found

that the MVEBs in the RFP for 2008,

submitted on June 13, 2007 by DNREC,

are adequate for transportationconformity purposes. As a result of

EPA’s finding, the State of Delawaremust use the MVEBs from the June 13,

2007 RFP Plan for future conformitydeterminations for the 8-hour ozone

standard. This finding has also beenannounced on EPA’s conformity web

site: http://www.epo.gov/otoq/stoteresoorces/tronsconf/postsips.htm.

The adequate MVEBs are provided inthe following table:

TABLE 1—DELAWARE MOTOR VEHICLE

EMISSIONS BUDGETS

2008 Reasonable Further

Nonattainment Progress

area VOC NOx

(tpd) (tpd)

New Castle

County 21.35 10.61

Kent County 9.68 4.14

Sussex County 12.86 7.09

Transportation conformity is required

by section 176(c) of the Clean Air Act,

as amended in 1990. EPA’s conformity

rule requires that transportation plans,

programs and projects conform to stateair quality implementation plans, and

establishes the criteria and procedures

for determining whether or not they do.

Conformity to a SIP means thattransportation activities will notproduce new air quality violations,

worsen existing violations, or delaytimely attainment of the national

ambient air quality standards. Thecriteria by which we determine whether

a SIP’s motor vehicle emission budgets

are adequate for conformity purposes

are outlined in 40 CFR 93.118(e)(4).

Please note that an adequacy review is

separate from EPA’s completeness

review, and it also should not be used

to prejudge EPA’s ultimate approval of

the SIP. Even if we find a budget

adequate, the SIP could later be

disapproved. We have described our

process for determining the adequacy ofsubmitted SIP budgets in 40 CFR

93.118(f), and have followed this rule in

making our adequacy determination.

Dated: December 5, 2008.

William T. Wisniewski,

Acting Regional Administrator, Region IlL

[FR Doc. 58—30207 Filed 12—18—08; 8:45 am)

BILLING CODE 6560—50—P

ENVIRONMENTAL PROTECTIONAGENCY

[FRL—8755—3]Pennsylvania; Adequacy Status of the

2008 Reasonable Further Progress

Plan for the Pennsylvania Portion of

the Philadelphia-Wilmington-Atlantic

City 8-Hour Ozone Nonattainment Area

Motor Vehicle Emission Budgets

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of adequacy.

SUMMARY: In this notice, EPA isnotifying the public that we have found

that the Motor Vehicle Emissions

Budgets (MVEBs) in the ReasonableFurther Progress Plan (RFP) submittedas a State Implementation Plan (SIP)revision on August 29, 2007 by the

Pennsylvania Department ofEnvironmental Protection (PADEP), are

adequate for transportation conformitypurposes. As a result of EPA’s finding,

the Commonwealth of Pennsylvania

must use the MVEBs from the August

29, 2007 RFP Plan for future conformitydeterminations for the 8-hour ozone

standard.DATES: These MVEBs are effective

January 5, 2009.

FOR FURTHER INFORMATION CONTACT:

Martin Kotsch, U.S. EPA, Region III,

1650 Arch Street, Philadelphia, PA