ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2009-0712; FRL- ]

Approval and Promulgation of Air Quality Implementation Plans; Delaware; Reasonable 

Further Progress Plan, 2002 Base Year Inventory, Reasonably Available Control 

Measures, Contingency Measures, and Transportation Conformity Budgets for the 

Delaware Portion of the Philadelphia 1997 8-Hour Ozone Moderate Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is approving a revision to the Delaware State Implementation Plan (SIP) to 

meet the reasonable further progress (RFP) requirements of the Clean Air Act (CAA) for the 

Delaware portion of the Philadelphia 1997 8-hour ozone moderate nonattainment area. EPA is 

also approving the RFP plan’s motor vehicle emissions budgets (MVEBs), the 2002 base year 

emissions inventory, contingency measures, and the reasonably available control measure 

(RACM) analysis associated with this revision. EPA is approving the SIP revision because it 

satisfies the requirements for the 1997 8-hour ozone national ambient air quality standard 

(NAAQS) nonattainment areas classified as moderate and demonstrates further progress in 

reducing ozone precursors. EPA is approving the SIP revision pursuant the CAA and EPA’s 

regulations.

EFFECTIVE DATE: This final rule is effective on [insert date 30 days from date of 

publication].

ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-
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R03-OAR-2009-0712. All documents in the docket are listed in the www.regulations.gov

website. Although listed in the electronic docket, some information is not publicly available, i.e., 

confidential business information (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 through www.regulations.gov or in hard copy for public inspection 

during normal business hours at the Air Protection Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State 

submittal are available at the Delaware Department of Natural Resources & Environmental 

Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-mail 

at quinto.rose@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

On January 15, 2010 (75 FR 2452), EPA published a notice of proposed rulemaking (NPR) for 

the State of Delaware. The NPR proposed approval of the 15 percent RFP plan, the RFP plan’s 

2008 MVEBs, the 2002 base year emissions inventory, contingency measures, and the RACM

analysis for the Delaware portion of the Philadelphia 1997 8-hour ozone moderate nonattainment 

area. The formal SIP revision was submitted by the Delaware Department of Natural Resources 

and Environmental Control on June 13, 2007. 
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II. Summary of SIP Revision

The SIP revision addresses emissions inventory, RACM, contingency measures and the RFP 

requirements for the 1997 8-hour ozone NAAQS for the Delaware portion of the Philadelphia 

moderate nonattainment area. The SIP revision also establishes MVEBs for 2008. Other 

requirements of the SIP revision and the rationale for EPA’s proposed action are explained in the 

NPR and will not be restated here. No public comments were received on the NPR.

III. Final Action

EPA is approving the Delaware SIP revision that meets the RFP requirements of the CAA for the 

Delaware portion of the Philadelphia 1997 8-hour ozone moderate nonattainment area. EPA is 

also approving the RFP plan’s MVEBs, the 2002 base year emissions inventory, contingency

measures, and RACM analysis associated with the SIP revision. The SIP revision satisfies the 

requirements for the 1997 8-hour ozone NAAQS nonattainment areas classified as moderate and 

demonstrates further progress in reducing ozone precursors.

IV. Statutory and Executive Order Reviews 

A. General Requirements

Under the CAA, 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 approves state law as 
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meeting Federal requirements and does not impose additional requirements beyond those 

imposed by state law. For that reason, this action:

 is not a "significant regulatory action” subject to review by the Office of Management and 

Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); 

 does not impose an information collection burden under the provisions of the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.);

 is certified as not having a significant economic impact on a substantial number of small 

entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); 

 does not contain any unfunded mandate or significantly or uniquely affect small 

governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 

104-4);

 does not have Federalism implications as specified in Executive Order 13132 (64 FR 

43255, August 10, 1999);

 is not an economically significant regulatory action based on health or safety risks subject 

to Executive Order 13045 (62 FR 19885, April 23, 1997); 

 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 
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 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 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.

B. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory

Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the 

agency promulgating the rule must submit a rule report, which includes a copy of the rule, to 

each House of the Congress and to the Comptroller General of the United States. EPA will 

submit a report containing this action and other required information to the U.S. Senate, the U.S. 

House of Representatives, and the Comptroller General of the United States prior to publication 

of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is 

published in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C. 

804(2). 

C. Petitions for Judicial Review

Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in 

the United States Court of Appeals for the appropriate circuit by [Insert date 60 days from date of 

publication of this document in the Federal Register]. Filing a petition for reconsideration by the 
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Administrator of this final rule does not affect the finality of this action for the purposes of 

judicial review nor does it extend the time within which a petition for judicial review may be 

filed, and shall not postpone the effectiveness of such rule or action. This action pertaining to the 

Delaware’s RFP Plan, 2002 base year emissions inventory, contingency measures, RACM 

analysis, and transportation conformity budgets, may not be challenged later in proceedings to 

enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR part 52 

Environmental protection, Air pollution control, Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile organic compounds.

 W. C. Early, Acting

 Regional Administrator

_March 25, 2010___ ________________________

Dated: Shawn M. Garvin, 

Regional Administrator,

EPA Region III.
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40 CFR part 52 is amended as follows: 

PART 52 - [AMENDED] 

1. The authority citation for part 52 continues to read as follows: 

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

Subpart IB Delaware

2. In ' 52.420, the table in paragraph (e) is amended by adding at the end of the table, the entries

for Reasonable Further Progress Plan (RFP), Reasonably Available Control Measures and 

Contingency Measures; 2002 Base Year Inventory for VOC, NOx and CO; and 2008 RFP 

Transportation Conformity Budgets for the Delaware Portion of the Philadelphia 1997 8-hour 

Ozone Moderate Nonattainment Area. The amendments read as follows: 

' 52.420 Identification of plan.

* * * * *

(e) * * *

Name of nonregulatory SIP 

revision

Applicable 

geographic or 

nonattainment 

area

State 

submittal 

date

EPA approval 

date

Additional 

explanation

* * * * * * * 

Reasonable Further 

Progress Plan (RFP), 

Reasonably

Available Control 

Measures, and 

Contingency

Measures 

Delaware 

portion of the 

Philadelphia 

1997 8-hour 

ozone moderate 

nonattainment 

area

6/13/07 [Insert Federal 

Register 

publication date] 

[Insert page 

number where 

the document 

begins]
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Name of nonregulatory SIP 

revision

Applicable 

geographic or 

nonattainment 

area

State 

submittal 

date

EPA approval 

date

Additional 

explanation

2002 Base Year 

Inventory for VOC, 

NOx, and CO

Delaware 

portion of the 

Philadelphia 

1997 8-hour 

ozone moderate 

nonattainment 

area

6/13/07 [Insert Federal 

Register 

publication date] 

[Insert page 

number where 

the document 

begins]

2008 RFP 

Transportation 

Conformity Budgets 

Delaware 

portion of the 

Philadelphia 

1997 8-hour 

ozone moderate 

nonattainment 

area

6/13/07 [Insert Federal 

Register 

publication date] 

[Insert page 

number where 

the document 

begins]

* * * * *

3. Section 52.423 is amended by revising the title and by adding paragraph (b) to read as 

follows:

§ 52.423 Base Year Emissions Inventory

* * * * *

(b) EPA approves as a revision to the Delaware State Implementation Plan the 2002 base year 

emissions inventories for the Delaware portion of the Philadelphia 1997 8-hour ozone moderate 

nonattainment area submitted by the Secretary of the Department of Natural Resources and 

Environmental Control on June 13, 2007. This submittal consists of the 2002 base year point, 

area, non-road mobile, and on-road mobile source inventories in area for the following 

pollutants: volatile organic compounds (VOC), carbon monoxide (CO) and nitrogen oxides 
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(NOx).

4. Section 52.426 is amended by adding paragraphs (g) and (h) to read as follows:

' 52.426 Control strategy plans for attainment and rate-of-progress: ozone.

* * * * *

(g) EPA approves revisions to the Delaware State Implementation Plan consisting of the 2008 

reasonable further progress (RFP) plan, reasonably available control measures, and contingency

measures for the Delaware portion of the Philadelphia 1997 8-hour ozone moderate 

nonattainment area submitted by the Secretary of the Department of Natural Resources and 

Environmental Control on June 13, 2007.

(h) EPA approves the following 2008 RFP motor vehicle emissions budgets (MVEBs) for the

Delaware portion of the Philadelphia 1997 8-hour ozone moderate nonattainment area submitted 

by the Secretary of the Department of Natural Resources and Environmental Control on June 13, 

2007:

Transportation Conformity Emissions Budgets for the Delaware Portion of the 

Philadelphia Area for the 2008 Rate of Progress Plan

County 2008 Emissions (tons per day) Effective date of adequacy 

determination or SIP approval

VOC NOx

January 5, 2009, (73 FR 77682), 

published December 19, 2008.

Kent 4.14 9.68

New Castle 10.61 21.35

Sussex 7.09 12.86

State Total 21.84 43.89