OFFTCE oF THE

SEcRETARY

STATE OF DELAWARE

DEPARTMENT OF NATURAL RESOURCES

AND ENVIRONMENTAL CONTROL

89 KINGS HIGHWAY

DovER, DELAWARE t99ol

PxoNe: (3O2) 739-9OOO

FAx: (3O2) 739-6242

April25,2012

Mr. Shawn M. Garvin (3RA00)

Regional Administrator

United States Environmental Protection Agency

Region III

1650 Arch Street

Philadelphia, PA 19103

o"*rurr.cJ&tuI am pleased to submit the enclosed revision to the State of Delaware State

Implementation Plan (SIP) as a formal supplement to the SIP revision that was submitted to

EPA on April 3, 2008. The April 3,2008 SIP revision was submitted to satisfy the attainment

demonstration requirements of the Clean Air Act (the Act) pursuant to the National Ambient

Air Quality Standards CNAAQS) for Fine Particles (PMz.s) for the Philadelphia-Wilmington,

PA-NJ-DE nonattainment area which includes New Castle County, Delaware. This supplement

1) replaces the on-road mobile emission budget with a budget that is based on the Motor

Vehicle Emissions Simulator (MOVES) model, 2) demonstrates that the MOVES-based mobile

source budget is consistent with attainment of the PMz.s NAAQS by 2010, and 3) demonstrates

that the contingency measures requirements of the Act are met. There are no other changes to

the April 3, 2008 SIP revision submittal. Note that I submitted this same supplemental

technical analysis on Decemb er l, 2011, and requested that EPA process it in parallel with the

April3, 2008 SIP revision submission. The effective date of this revision is February 11,2012.

The requirements of the CAA Section 110(a)(2)(A) have been met through the normal

public hearing process established by the State of Delaware with proper notification (30 days)

prior to the convening of the public hearing. Attachments A and B are copies of affidavits as

proof of proper notification. It is the position of the State of Delaware that all minimum

requirements set forth in the 1990 Clean Air Act Amendments have been met.

Also enclosed with this submittal is a CD which contains an exact duplicate of the hard

copy material submitted with this SIp revision package.

Delnarane'a Ed,?/afture dz,p&4dt ao ?ra/

Mr. Shawn M. Garvin

Apil25,2012

Page2

We look forward to continuing the cooperative effort between Delaware and EPA in this

important work. As always, feel free to contact me or Ali Mirzakttalili, Division Director, at

(302)739-9402, if you have any questions concerning the enclosed documents.

Collin P. O'Mara

Secretary

Enclosures

cc: Amie Howell, EPA Region III

Diana Esher, EPA, Region III dencl.

2

Final Revision to 

Delaware’s 2008 State Implementation Plan

For Attainment of the PM2.5 Annual

National Ambient Air Quality Standard - Attainment 

Demonstration

February 11, 2012
Section 1. Introduction

In April, 2008 Delaware submitted to the EPA its “State Implementation Plan for Attainment of 

the PM2.5 Annual National Ambient Air Quality Standard - Attainment Demonstration” (the 

“2008 PM2.5 SIP”). 1 The 2008 PM2.5 SIP set out to accomplish four primary goals:

• Demonstrate that with all existing and proposed controls, all of Delaware’s PM2.5

monitors will show attainment in 2009.

• Demonstrate that the entire Philadelphia-Wilmington, PA-NJ-DE non-attainment area 

will attain the annual PM2.5 NAAQS in 2009.

• Establish Delaware’s 2009 mobile source budgets for transportation conformity 

determinations under Regulation No. 1132, Transportation Conformity.

• Treat emission reduction credits (ERCs) banked under 7 DE Admin. Code 1134, 

Emissions Banking and Trading Program, as “emitted.” As such, the future use of 

these credits is consistent with, and will not interfere with any calculation or 

provision of this SIP.

This SIP revision is related to the PM2.5 and NOx on-road mobile source budgets that were 

established in the 2008 PM2.5 SIP. Those SIP budgets were established using EPA’s 

MOBILE6.2 model.2 However, effective March 2012 3 a new on-road mobile emissions model 

– Motor Vehicle Emissions Simulator (MOVES) – is required to be used in all planning and 

transportation conformity determinations. 

The purpose of this SIP revision is to 1) replace the on-road mobile emissions budget in the 2008 

PM2.5 SIP with a budget that is based on the MOVES model, 2) demonstrate that the MOVES 

based mobile source budget is consistent with attainment of the PM2.5 NAAQS by 2010, and 3) 

demonstrate that the contingency requirements of the Clean Air Act (CAA) are met. No other 

changes or revisions to the 2008 PM2.5 SIP are proposed.

Note that this SIP revision impacts only PM2.5 and NOx emissions and calculations. While 

sulfur dioxide (SO2) is a pollutant of concern relative to PM2.5 it is not a pollutant of concern for 

mobile budgets, and therefore no SO2 changes are proposed as part of this SIP revision. The 

treatment of SO2 emissions in the 2008 PM2.5 SIP is unchanged.

Questions or comments regarding this SIP revision should be addressed to Phil Wheeler, M.S. 

Project Leader for Transportation Conformity, Planning Branch, Division of Air Quality, 

Delaware Department of Natural Resources and Environmental Control, at 

philip.wheeler@state.de.us. 

 1 http://www.awm.delaware.gov/Info/Regs/Documents/DE_PM25_SIP_AD_fnl.pdf

2 Details of the MOBILE6 budget calculations are included in Section 8.2 of the 2008 PM2.5 SIP. 3

 EPA has proposed to extend this date by one year; to March 2013.
Section 2. Revised On-Road Mobile Source Budgets

This SIP revision establishes on-road mobile emissions budget for New Castle County for PM2.5

and NOx. When approved by the EPA, all subsequent PM2.5 conformity analyses will test future 

on-road mobile emissions calculated for transportation plans in New Castle County with this new 

budget.

2.1 EPA’s MOVES model was used to quantify PM2.5 and NOx emission from on-road 

mobile sources. These emissions are shown in Table 2-1 below. The associated 2012 

MOVES input and output files are included in Appendix A of this SIP revision. 

Table 2-1 On-Road Mobile Emission Budget (Tons per Year (tpy))

County Emissions Budget

New Castle

NOx PM2.5

6,273 199

2.2 This SIP revision establishes the emission levels identified in Table 2-1 as the on-road 

mobile emissions budget for New Castle County for PM2.5 and NOx. 

Section 3. Demonstration that 2009 MOVES based On-Road Mobile Source Emissions

are Consistent with Attainment of the PM2.5 NAAQS by 2010 

Delaware demonstrated attainment of the annual PM2.5 NAAQS in its 2008 PM2.5 SIP by 

showing that Projected 2009 Emissions (i.e., the 2009 emission levels after the implementation 

of all state and federal control requirements) were less than the Attainment Targets (i.e., the 

emission levels needed for attainment based on modeling). This same methodology is used 

below to demonstrate that the MOVES based mobile budgets presented in Section 2 above are 

consistent with attainment of the PM2.5 NAAQS.

3.1 Community Multi-scale Air Quality Model (CMAQ) modeling was conducted in the 

2008 PM2.5 SIP to demonstrate that Delaware and the entire Philadelphia based nonattainment area would attain the PM2.5 NAAQS in 2010 4

. CMAQ modeling 

demonstrated that the Delaware emission levels shown in Table 3-1 are the levels that are 

necessary for, and consistent with attainment of the annual PM2.5 NAAQS. These 

emission levels reflect the level of emissions needed for attainment, and are therefore 

referred to as the “2009 Attainment Target.” 5, 6

 4 A detailed discussion of the CMAQ modeling and modeling results can be found in Section 6 of the 2008 PM2.5 

SIP. 

5 Although New Castle County is the only nonattainment county, emission levels of all three counties are used in the 

attainment demonstration. This is discussed in Sections 3 and 4 of this SIP revision. 
Table 3-1 2009 Attainment Target (tpy)

County NOx PM2.5

Kent 8,554 1,185

New Castle 23,048 3,249

Sussex 18,001 3,581

Statewide Total 49,603 8,015

3.2 Attainment year (i.e., 2009) emission levels were projected in the 2008 PM2.5 SIP based 

on final and enforceable State and Federal emission control requirements.7 These 

projected 2009 emission levels, which are referred to as the “Delaware Projected 2009 

Emissions,” are shown in Table 3-2. 

Table 3-2 Delaware Projected 2009 Emissions (tpy)

County NOx PM2.5

Kent 7,799 989

New Castle 21,807 3,015

Sussex 11,591 2,571

Statewide Total 41,197 6,575

3.4 Table 3-3 compares the 2009 mobile emissions calculated using MOBILE6 and MOVES. 

The associated 2009 MOBILE6 and MOVES input and output files are included in 

Appendix B of this SIP revision.

Table 3-3 2009 MOBILE6, MOVES and Increase due to MOVES (tpy)

2009 Mobile6 2009 MOVES MOVES Increase

County NOx PM2.5 NOx PM2.5 NOx PM2.5

Kent 1,922 32 3,488 109 1,566 77

New Castle 4,904 87 8,448 257 3,544 170

Sussex 2,707 41 4,764 147 2,057 106

Totals 9,533 160 16,700 513 7,167 353

3.5 Adding the “MOVES Increase” emissions from Table 3-3 to the “Delaware Projected 

2009 Emissions” from Table 3-2 yields a projected Delaware 2009 Emission level that 

reflects the use of the MOVES model instead of the MOBILE6 model. This revised 

emissions projection is shown in Table 3-4, and is referred to as the “Revised Delaware 

Projected 2009 Emissions.”

 6 A detailed discussion of the emission inventories associated with the Attainment Target can be found in Section 5

of the 2008 PM2.5 SIP. 7 A detailed discussion of Delaware’s projected 2009 emission levels can be found in Section 4 of the 2008 PM2.5

SIP. 
Table 3-4 Revised Delaware Projected 2009 Emissions (tpy)

County NOx PM2.5

Kent 9,365 1,066

New Castle 25,351 3,185

Sussex 13,648 2,677

Statewide Total 48,364 6,928

3.5 The “Revised Delaware Projected 2009 Emissions” (i.e., Table 3-4) are demonstrated to 

be consistent with attainment if they are equal to or lower than the “2009 Attainment 

Target” (i.e., Table 3-1). The “Revised Delaware Projected 2009 emissions” are 

compared to the “Attainment Target” in Table 3-5 below. 

Table 3-5 Shortfall and Surplus by County and Statewide (tpy)

County

Attainment Target Revised Delaware Projected 

2009 Emissions 

Surplus/Shortfall

NOx PM2.5 NOx PM2.5 NOx PM2.5

Kent 8,554 1,185 9,365 1,066 -811 119

New Castle 23,048 3,249 25,351 3,185 -2,303 64

Sussex 18,001 3,581 13,648 2,677 4,353 904

Statewide 49,603 8,015 48,364 6,928 1,239 1,087

This comparison shows that there is a 64 tpy PM2.5 surplus in New Castle County, and a 

2,303 tpy NOx shortfall for New Castle County. This demonstrates that, relative to direct 

PM2.5, the MOVES based mobile budgets are consistent with attainment. These results 

also indicate that NOx requires further analysis. 

3.6 Because of the regional nature of secondarily-formed sulfate and nitrate, and the broad 

modeling domain of the CMAQ modeling, which included all of Delaware, emission 

reductions from Kent and Sussex counties will contribute to attainment within New 

Castle County and the Philadelphia based non-attainment area. Kent and Sussex counties 

are within the State of Delaware, contiguous to New Castle County, and are less than 200 

kilometers away. EPA’s PM2.5 Implementation Rule specifically provides for the 

consideration of in-state NOX and SO2 reductions in their SIPs from sources up to 200 

kilometers away from the non-attainment area boundaries.

8

Consistent with this EPA rule, emissions from Kent and Sussex Counties were analyzed. 

Using the same methodology as above, statewide emissions are calculated and presented 

in Table 3-5. These results indicate that while there is a 2009 NOx shortfall of 2,303 tpy

 8 PM2.5 Implementation Rule, April 25, 2007 (72 FR 20586 at 20636)
in New Castle County, there is a statewide NOx surplus of 1,239 tpy. The analysis 

demonstrates that the 2009 MOVES based emission shown in Table 3-3 do not impair 

Delaware’s ability to meet its SIP emissions targets or meeting EPA’s National Ambient 

Air Quality Standards for particulate matter. 9

Section 4. Demonstration that the Contingency Measure Requirements of the CAA are 

Met

Contingency measures are additional control measures to be implemented in the event that an 

area fails to either meet “reasonable further progress” or attain the standards by its attainment 

date. The quantity of emission reductions needed to satisfy contingency requirements is an 

amount equal to one year’s worth of required reductions. 

Delaware demonstrated that the contingency requirements of the CAA were met in Section 9 of 

its 2008 PM2.5 SIP by showing that the Delaware control measures have reduced NOx and 

primary PM2.5 by more than is necessary to attain compliance with the PM2.5 NAAQS. This 

same methodology is used below to demonstrate that the “Revised Delaware Projected 2009 

Emissions” in Table 3-4 are low enough to satisfy contingency requirements. 

4.1 Quantification of the contingency requirement is discussed in detail in Section 9.1 of the 

2008 PM2.5 SIP. The contingency requirement for NOx and PM2.5 is presented in Table 

9-3 of the 2008 PM2.5 SIP, and shown below in Table 4-1.

Table 4-1 Contingency Requirement (tpy)

County NOX PM2.5

New Castle 1,100 26

4.2 Demonstration that contingency requirement is met is shown if the “Revised Delaware 

Projected 2009 Emissions” shown in Table 3-4 are lower than the “Attainment Target” 

shown in Table 3-1 by at least the amount of the amount of the contingency requirement 

shown in Table 4-1. Table 3-5 shows this calculation.

Table 3-5 shows that a 64 tpy reduction of PM2.5 emissions are above and beyond that 

necessary for attainment. Since 64 tpy is greater than the contingency requirement of 26 

tpy PM2.5, the contingency requirement is demonstrated relative to the pollutant primary 

PM2.5. Table 3-5 also indicates that NOx requires further analysis.

4.3 Because of the regional nature of secondarily-formed sulfate and nitrate, and the broad 

modeling domain of the CMAQ modeling, which included all of Delaware, emission 

reductions from Kent and Sussex counties will contribute to attainment within New 

Castle County and the Philadelphia based non-attainment area. Kent and Sussex counties 

are within the State of Delaware, contiguous to New Castle County, and are less than 200 

 9 Note that this is similar to the approach used in the 2008 PM2.5 SIP to address SO2 emissions. See Section 5 (page 

65) of the 2008 PM2.5 SIP.
kilometers away. EPA’s PM2.5 Implementation Rule specifically provides for the 

consideration of in-state NOX and SO2 reductions in their SIPs from sources up to 200 

kilometers away from the non-attainment area boundaries.

Consistent with this EPA rule, emissions from Kent and Sussex Counties were analyzed. 

Using the same methodology as above, statewide emissions are calculated and presented 

in Table 3-5. This indicates that while there is a 2009 NOx shortfall of 2,303 tpy in New 

Castle County, there is a statewide NOx surplus of 1,239 tpy. Since 1,239 tpy is greater 

than the contingency requirement of 1,100 tpy NOx, the contingency requirement is 

demonstrated as met relative to the pollutant NOx.

Section 5. Summary

The analysis in Section 3 and Section 4 above demonstrates that 2009 MOVES based emission 

levels in table 3-3 are consistent with attainment and the contingency requirements of the CAA. 

This SIP revision is anticipated to be approved by the EPA in 2012. Because the 2012 based 

mobile budgets established in Section 2 of this SIP revision are less than the 2009 MOVES based 

emission levels shown in Table 3-3, Section 3 and Section 4 above also demonstrate that mobile 

budgets established in Section 2 are consistent with attainment and contingency requirements of 

the CAA. 

Appendix A. 2012 MOVES input and output files

Appendix B. 2009 MOVES and 2009 MOBILE6 Input and Output Files
New Castle County 2009 MOVES Output

1 SummaryReportBody

GRAMS

Month County Run NMHC NOx Total_PM25 Brake_PM25 ElementC_PM25 OrganicC_PM25 Sulfate_PM25 Tire_PM25 TotalEnergy TotalHC VOC

1 10003 1 314368768 680639296 21635876 1206870 10421102 11111951 102812 571442 2.81029E+15 334495168 321454816

2 10003 1 278341856 624314880 19305288 1116586 9482892 9727414 94980 528694 2.59126E+15 295668672 284805824

3 10003 1 270273888 679533632 19421312 1268412 10239275 9074344 107685 599750 2.91396E+15 285887776 277216544

4 10003 1 245192688 663535040 17280930 1307262 9996786 7173735 110418 618119 2.96806E+15 257340480 251476464

5 10003 1 237253440 661718656 17034752 1370906 10275030 6642880 116855 648212 3.11879E+15 248656960 243644896

6 10003 1 235118176 597701760 15118682 1323639 9613455 5388511 116719 620498 3.09887E+15 245076208 242186016

7 10003 1 246595696 598570688 15341807 1348776 9785936 5435091 120785 632282 3.20483E+15 256827168 254140768

8 10003 1 241347472 637906624 15981734 1392879 10127060 5733202 121465 652956 3.22626E+15 251738656 248499984

9 10003 1 221926128 584257408 14615932 1246987 9187887 5319644 108393 589142 2.88581E+15 231796736 228268704

10 10003 1 233159168 609146944 16055677 1211155 9291917 6660856 102902 572213 2.75964E+15 245066848 239089552

11 10003 1 258401264 639230016 18118508 1193464 9607341 8409856 101304 563855 2.74235E+15 273169568 264007728

12 10003 1 309730368 703279296 21519616 1269582 10680640 10731089 107875 601136 2.93908E+15 328675584 315901760

TOTAL 3091708912 7.68E+09 211430114 15256518 118709321 91408573 1312193 7198299 3.52592E+16 3.254E+09 3170693056

TONS

Month County Run NMHC NOx Total_PM25 Brake_PM25 ElementC_PM25 OrganicC_PM25 Sulfate_PM25 Tire_PM25 TotalEnergy TotalHC VOC

1 10003 1 346.532149 750.27618 23.849464 1.330346071 11.48729531 12.24882576 0.113330798 0.6299068 3097815024 368.7177 354.343178

2 10003 1 306.819288 688.18916 21.2804312 1.230825025 10.45309612 10.72263541 0.104697498 0.5827852 2856378017 325.91883 313.944591

3 10003 1 297.925878 749.05739 21.4083258 1.398184494 11.28686541 10.00274916 0.118702359 0.661111 3212088692 315.13724 305.578844

4 10003 1 270.278596 731.42197 19.0489591 1.441009276 11.01956712 7.907686966 0.121714975 0.6813594 3271726615 283.66924 277.205271

5 10003 1 261.527076 729.41975 18.7775944 1.511164757 11.32627854 7.322519662 0.128810551 0.7145312 3437876174 274.0973 268.572448

6 10003 1 259.173351 658.85322 16.6654894 1.459061823 10.59701715 5.939814922 0.128660637 0.6839818 3415922217 270.1502 266.964308

7 10003 1 271.825147 659.81105 16.9114425 1.486770615 10.78714485 5.991160568 0.133142634 0.6969714 3532719314 283.10341 280.142163

8 10003 1 266.039972 703.17149 17.6168411 1.535385836 11.16316959 6.319771601 0.133892205 0.7197606 3556338593 277.49429 273.924265

9 10003 1 244.631611 644.03336 16.1113025 1.374567481 10.12790886 5.863902071 0.119482796 0.6494177 3181062165 255.51209 251.623102

10 10003 1 257.013914 671.46937 17.6983493 1.335069473 10.24258227 7.342334805 0.113430006 0.6307567 3041982663 270.13988 263.551042

11 10003 1 284.838554 704.63027 19.9722306 1.315568489 10.59027762 9.270276735 0.111668513 0.6215436 3022917867 301.11782 291.018621

12 10003 1 341.41919 775.2325 23.7213093 1.399474198 11.77338691 11.82899739 0.118911799 0.6626388 3239778066 362.30271 348.221983

TOTAL 3408.02473 8465.5657 233.061739 16.81742754 130.8545897 100.7606751 1.446444771 7.9347641 38866605406 3587.3607 3495.08982
New Castle County 2012 MOVES Output 

1

GRAMS

Month County Run NMHC NOx Total_PM25 Brake_PM25 ElementC_PM25 OrganicC_PM25 Sulfate_PM25 Tire_PM25 TotalEnergy TotalHC VOC

1 10003 1 242426128 506444064 16789628 1309294 7052749 9632231 104653 609347 2.9296E+15 261568304 248033680

2 10003 1 219986096 467535840 14996785 1211351 6419288 8480715 96777 563764 2.7072E+15 236985968 225225840

3 10003 1 206208544 505055968 14678363 1375846 6789473 7779250 109634 639516 3.0391E+15 221371296 211665040

4 10003 1 185301008 491002848 12671213 1417985 6507975 6050801 112433 659103 3.097E+15 197382736 190147456

5 10003 1 179103920 490475584 12307209 1487021 6640472 5547726 119010 691192 3.2551E+15 190652848 184004112

6 10003 2 177718960 442853632 10704517 1435299 6159405 4426192 118925 661639 3.2367E+15 187938416 183145600

7 10003 2 186487840 443861024 10848735 1462557 6267079 4458572 123086 674204 3.348E+15 196980592 192283200

8 10003 2 182316656 472336640 11331355 1510380 6491567 4716040 123749 696250 3.3693E+15 192984976 187805024

9 10003 1 167758992 432864256 10396209 1352578 5899515 4386280 110414 628218 3.013E+15 177846128 172626096

10 10003 1 176601840 452937120 11770916 1313711 6054529 5611604 104780 610166 2.879E+15 188454992 181163008

11 10003 1 196283536 475218368 13669204 1294523 6364874 7201197 103134 601254 2.86E+15 210542240 200609984

12 10003 1 237146320 522262848 16557764 1377330 7173011 9274938 109816 641011 3.0646E+15 255195760 241944592

Month County Run NMHC NOx Total_PM25 Brake_PM25 ElementC_PM25 OrganicC_PM25 Sulfate_PM25 Tire_PM25 TotalEnergy TotalHC VOC

1 10003 1 267.22899 558.25886 18.5073915 1.443249172 7.774322768 10.61771414 0.115360153 0.6716899 3229349685 288.32962 273.41025

2 10003 1 242.49309 515.3699 16.531121 1.335285526 7.076051742 9.34838539 0.106678351 0.6214433 2984161266 261.23224 248.26892

3 10003 1 227.30595 556.72875 16.1801209 1.516610173 7.484110738 8.575152808 0.120850764 0.7049455 3350035195 244.02001 233.3207

4 10003 1 204.25934 541.23784 13.9676174 1.563060456 7.173812398 6.669864471 0.123936132 0.7265365 3413894715 217.57716 209.60163

5 10003 1 197.42822 540.65663 13.5663718 1.639159598 7.319865298 6.115319367 0.131186032 0.7619085 3588180914 210.15873 202.82976

6 10003 1 195.90156 488.16243 11.7997068 1.582145869 6.789579854 4.879040108 0.131092335 0.7293319 3567819784 207.16658 201.88341

7 10003 1 205.5676 489.27289 11.9586799 1.612192662 6.908270088 4.914732938 0.135679051 0.7431825 3690490779 217.13387 211.95589

8 10003 1 200.96965 520.66187 12.4906772 1.664908481 7.155725679 5.198542745 0.136409883 0.767484 3714026614 212.72946 207.01954

9 10003 1 184.92258 477.15103 11.4598555 1.490961601 6.50310025 4.835044671 0.121710566 0.6924916 3321227618 196.04174 190.28764

10 10003 1 194.67015 499.27757 12.9752101 1.44811808 6.673973886 6.185732789 0.115500146 0.6725927 3173550464 207.73601 199.69798

11 10003 1 216.3655 523.83843 15.0677139 1.426966936 7.016070592 7.93795863 0.113685742 0.6627689 3152570608 232.08303 221.13459

12 10003 1 261.409 575.69608 18.2518053 1.518246003 7.906888893 10.22386614 0.121051384 0.7065935 3378143563 281.30509 266.69818

TOTAL 2598.5216 6286.3123 172.756271 18.24090456 85.78177219 85.50135419 1.473140539 8.4609688 4.0563E+10 2775.5135 2666.1085

TONS
OFFTCE oF THE

SEcRETARY

STATE oF DELAWARE

DEPARTMENT oF NATURAL REsoURcEs

AND ENVIRONMENTAL CONTROL

89 KTNGS HIGHWAY

DovER, DELAWARE l99Ol

PHoNE: (3O2) 7S9-9OOO

FAx: (3O2) 739-6242

Secretary's Order No.: 2012-A-0002

REr Approving Final Revision to Delaware's 2008

State Implementation Plan (SIP) for Attainment of the PlVz.s Annual National

Ambient Air Quality Standard - Attainment Demonstration

Date oflssuance: January l7r20I2

Effective Date of the Amendment: f,'ebruary llr20l2

Under the authority vested in the Secretary of the Department of Natwal

Resources and Environmental Control ("Department" or "DNREC') the following

findings, reasons and conclusions are entered as an Order of the Secretary in the abovereferenced rulemaking proceeding.

Background and Procedural History

This Order considers the proposed revision to the Delaware 2008 State

Implementation Plan (SIP) for Attainment of the Pll4z.s Annual National Ambient Air

Quality Standard. The purpose of this proposed revision is to (l) replace the on-road

mobile emissions budget in the 2008 PMz.s SIP with a budget that is based on the

MOVES model; (2) demonstrate that the MOVES based mobile source budget is

consistent with attainment of the PMz.s NAAQS; and (3) demonstrate that the

contingency requirements of the Clean Air Act (CAA) are met. The Department

published its initial proposed revision to the aforementioned Delaware SIP in the

Delallrdrre'a Enod,?/atltta dzfzldo oo qta/
December l, 20ll Delaware Register of Regulations, artd held a public hearing on

December 28,2011. It should be noted that no public comment was received by the

Department with regard to this proposed promulgation, and no members of the public

attended the hearing held by the Department in this matter.

On March 2,2010,the U.S. Environmental Protection Agency ("EPA") published

a notice in the Federal Register concerning the approval of utilization of the Motor

Vehicle Emissions Simulator ("MOVES") model as a tool for calculation of on-road

emissions. That EPA notice also established the beginning of a two-year transportation

conformity grzceperiod, which is scheduled to end on March 2,2012. Subsequent to that

date, MOVES is required to be used for new regional emissions analyses for

transportation conformity. In consideration of the aforementioned MOVES requirement

(and, due to the ability of the MOVES model to predict more accurate mobile emissions),

the Department proposes to amend its current State Implementation Plan with a revised

on-road mobile emissions budget which utilizes the MOVES model. With the adoption

of this amended SIp, the Department will be able to more accurately calculate the onroad sector's portion of particulate matter and oxides of nitrogen emissions in New Castle

County. This proposed action will also address the compatibility issue with future

regional emissions analyses for transportation conformity for the annual PMz.s standard

The Departrnent's presiding hearing officer, Lisa A. Vest, .prepared a Hearing

Officer's Report dated January 5, 2012 (Report). The Report recommends certain

findings and the adoption of the proposed revisions to Delaware's 2008 State

Implementation Plan, as attached to the Report as Appendix A'

2
Findings and Discussion

| find that the proposed revision to Delaware's aforementioned SIP is wellsupported by the record developed by the Department, ffid I adopt the Report to the

extent it is consistent with this Order. The Department's experts developed the record

and drafted the proposed SIP revision.

I find that the Departrnent's experts in the Division of Air Quality fully developed

the record to support adoption of the proposed revision to the Delaware 2008 State

Implementation Plan (SIP) for Attainment of the PN{:.s Annual National Ambient Air

Qualrty Standard. With the adoption of this Order, Delaware will'(t) replace the on-road

mobile emissions budget in the 2008 PN,{2.s SIP with a budget that is based on the

MOVES model; (2) demonstrate that the MOVES based mobile source budget is

consistent with atCainment of the PN{u.s NAAQS; and (3) dernonstrate that the

contingency requirements of the Clean Air Act (CAA) are met.

In conclusion, the following findings and conclusions are entered:

l.) The Deparhnent has jurisdiction under its statutory authority to issue an

Order adopting this proposed SIP revision as final;

2.) The Departrnent provided adequate public notice of the proposed SIP

revision, and provided the public with an adequate opportunity to comment on the

proposed SIP revision, including at the public hearing held on December 28,2011;

3.) The Department held a public hearing on December 28, 2011 in order to

consider public comment,before making any final decision;

3
4.) The Deparfinent's Hearing Officer's Report, including its recommended

record and the recommended SIP revision, as set forth in Appendix A, is adopted to

provide additional reasons and findings for this Order;

5.) The recommended revision to Delaware's 2008 State Implementation Plan

(SIP) for Attainment of the Plv{z.s Annual National Ambient Air Quality Standard should

be adopted as final, because Delaware will be able to (l) replace the on-road mobile

emissions budget in the 2008 PN{2.s SIP with a budget that is based on the MOVES

model; (2) demonstrate that the MOVES based mobile source budget is consistent with

attainment of the PN{z.s NAAQS; (3) demonstate that the contingency requirements of

the Clean Air Act (CAA) are met; and, lastly, because (a) the revision is well supported

by documents in the record;

6.) The Depar[nent shall submit this Order approving the final revision to

Delaware's 2008 State Implementation Plan (SIP) for Attainment of the Plvlz.s Annual

National Ambient Air Quality Standard to the Delaware Register of Regulations for

publication in its next available issue, and provide such other notice as the law and

regulation require and the Departrnent determines is appropriate.

4

Secretary

Ahear\ SIP Revisions.MOVES.20 I2.ORD
TO:

FROM:

RE:

DATE:

MEMORANDUM

The Honorable Collin P. O'Mara

Cabinet Secretary, Dept. ofNatural Resources and Environmental Contol

Lisa A. Vest

Public Hearing Officer, Office of the Secretary

Deparbnent of Natural Resources and Environmental Control

Proposed Amendments to the Delaware 2008 State Implementation Plan

(SIP) for Attainment of the Plv{z.s Annual National Ambient Air Quality

Standard

January 5,2012

I. Backsround:

A public hearing was held on Wednesday, December 28,2011, at 6:00 p.m. at the

Deparhnent of Natural Resources and. Environmental Control C'DNREC",

"Departnent'), 89 Kings Highway, Dover, Delaware to receive comment on proposed

amendments to the Delaware 2008 State Implementation Plan (SIP) for Attainment of the

PN{z.s Annual National Ambient Air Quality Standard. The purpose of this proposed

revision is to (1) replace the on-road mobile emissions budget in the 2008 PN{2.s SIP with

a budget that is based on the MOVES model; (2) demonstrate that the MOVES based

mobile source budget is consistent with attainment of the Plvfz.s NAAQS; and (3)

demonstrate that the contingency requirements of the Clean Air Act (CAA) are met.

On March 2,2010, the U.S. Environmental Protection Agency (*EPA') published

a notice in the Federal Register concerning the approval of utilization of the Motor

Vehicle Emissions Simulator ("MOVES") model as a tool for calculation of on-road

emissions. That EPA notice also established the beginning of a two-year transportation
conformity grace period, which is scheduled to end on March 2,2012. Subsequent to

March 2,2012, MOVES2OIO is required to be used for new regional emissions analyses

for transportation conformity. In consideration of the aforementioned MOVES

requirement (and, due to the ability of the MOVES model to predict more accurate

mobile emissions), the Deparbnent proposes to amend its current State trmplementation

Plan with a revised on-road mobile emissions budget which utilizes the MOVES model.

With the adoption of this amended SIP, the Departrnent will be able to more accurately

calculate the on-road sector's portion of particulate matter and oxides of nitogen

emissions in New Castle County. This proposed action will also address the

compatibility issue with future regional emissions analyses for transportation conformity

for the annual PN{z.s standard.

As noted above, the Departrrent held a public hearing to receive comment on this

proposed promulgation on Wednesday, December 28,2011. It should be noted that there

were no comments were received by the Department concerning this matter at any time

during this promulgation. Proper notice of the hearing was provided as required by law.

Ir. Summarv of Hearing Record:

At the time of the hearing on December 28,2011, Phillip Wheeler in the Planning

Branch of the Departrnent's Division of Air Quality ("DAQ") offered the Deparfinent's

seven (7) exhibits pertaining to these proposed amendments, and this Hearing Ofiicer

entered them into the formal hearing record developed in this matter. Included within

those Departmental exhibits were copies of the Start Action Notice (SAN #2011-16) for

this promulgation, copies of the legal notices regarding the holding of this public hearing

on December 28,2011, and copies of the actual proposed amendments to the affected

2
sections of Delaware's Delaware 2008 State Implementation Plan (SIP) for Attainment of

the PN{:.s Annual National Ambient Air Quality Standard. Again, no comments were

received by the Deparhnent from the public concerning this matter, nor were there any

members ofthe public in attendance at the hearing held on December 28,2011.

For the Secretary's review, and in order for the Secretary to gain a thorough

understanding of this proposed promulgation, copies of the above-referenced proposed

revisions to Delaware's 2008 State Implementation Plan (SIP) for Attainment of the

Plv1z.s Annual National dmbient Air Quality Standard are attached hereto as Appendix

"A"o and the same are expressly incorporated into this Hearing Officer's Report.

It should be noted that the Departnnent adhered to all appropriate Delaware

statutes and the regulatory development process in this matter, and that the Deparfinent

has met the required public notice obligations regarding these proposed amendments. It

should also be noted that the Departrnent has reviewed this proposed amendment in the

light of the Regulatory Flexibility Act, and believes the same to be lawful, feasible and

desirable, and that the recommendations as proposed should be applicable to all Delaware

citizens equally.

ilI. ConclusionsandRecommendations:

Based on the record developed in this matter, I conclude that the Department has

provided appropriate reasoning regarding the need for this proposed revision to

Delaware's on-road motor vehicle emission budget in the State Implementation Plan

using the Motor Vehicle Emissions Simulator (MOVES) model. Accordingly, I

recommend promulgation of these proposed revised amendments in the customary

marurer provided by law.

3
1.

Fqrther, I recommend the following findings:

The Departrroent has jurisdiction under its statutory authority, 7 Del.C..

Chapter 60, to make a determination in this proceeding;

The Deparfrnent provided adequate public notice of the proceeding and the

public hearing in a manner required by the law and regulations;

The Deparhent held a public hearing in a manner required by the law and

regulations;

The Deparhnent has reviewed the aforementioned'proposed amendments in

the light of the Regulatory Flexibility Act, and believes the same to be lawful,

feasible and desirable, and that the recommendations as proposed should be

applicable to all Delaware citizens equally;

The aforementioned proposed amendments to Delaware's 2008 SIP for

Attainment of the Plv1z.s Annual National Ambient Air Quality Standard will

enable Delaware to do the following: (l) replace the on-road mobile

emissions budget in the 2008 PI,I2.s SIP with a budget that is based on the

MOVES model; (2) demonstrate that the MOVES based mobile source budget

is consistent with attainment of the PN{z.s NAAQS; and (3) demonstrate that

the contingency requirements of the Clean Air Act (CAA) are met;

The Deparhnent has an adequate record for its decision, and no further public

hearing is appropriate or necessary;

The Department's proposed amendments to Delaware's aforementioned SIP,

as published in the December l,20ll Delaware Register of Regulatiozs and

set forth within Appendix *A" hereto, are adequately supported, not arbitrary

3.

4.

5.

6.

7.

4
or capricious, and are consistent with the applicable laws and regulations.

Consequently, they should be approved as a final regulation, which shall go

into effect ten days after their publication in the next available issue of the

Delaware Register of Regulations; and

8. The Department shall submit the proposed regulation amendments as final to

the Delaware Register of Regulations for publication in its next available

issue, and shall provide written notice to the persons affected by the Order.

lslLisaA. Vest

LISA A. VEST

Public Hearing Officer

5

/ahear/ SIP Revisions.MOVES.20 I 2

ffi

Srnre or DELAwARE

DEPARTMENT or NaTURNI RESOURCCS

& Er.rvrRollrueNrnt- CorurRol

Dtvtstoru oF AtR Queltry

655 S. Bay Road, Suite 5N

Doven, Denwene 19901

CERTIFICATION

April 18,2072

I hereby certifu that a public hearing was held December 28,2011, on a proposed amendment to

the State of Delaware State Implementation Plan (SIP). This amendment is related to an April 3,

2008 SIP revision that was submitted to the EPA to satisff the attainment demonstration

requirements of the Clean Air Act (the Act) pursuant to the National Ambient Air Quality

Standards (NAAQS) for Fine Particles (Plvlz.s) for the Philadelphia-Wilmington, PA-NJ-DE

nonattiainment area which includes New Castle County, Delaware. The effective date of this

revision is February 11,2012.

The purpose of this SIP revision is to 1) replace the on-road mobile emissions budget in the 2008

Pl,tIz.s SIP with a budget that is based on the Motor Vehicle Emissions Simulator (MOVES)

model, 2) demonstrate that the MOVES based mobile source budget is consistent with attainment

of the PM2.5 NAAQS by 20l0,and 3) demonstrate that the contingency requirements of the

Clean Air Act (CAA) are met. No other changes or revisions to the April 3, 2008 SIP revision

were proposed.

I further certify that the hearing was held in accordance with the notice required by Subsection

51.102 of 40 CFR 51.

Telephone: (302) 739 - 9402

Fax No.: (302) 739 - 3106

Printed on

Recycled Paper

Director

Division of Air Qualtty

9"/t f-^*Lg../,rtfrt r-/rfrt '/a,onya* !

REGISTER NOTICE

 SAN #_2011-16__ 

1. TITLE OF THE REGULATIONS: Proposed Amendment to the April, 2008 Delaware State 

Implementation Plan For Attainment of the PM2.5 Annual National Ambient Air Quality Standard

2. BRIEF SYNOPSIS OF THE SUBJECT, SUBSTANCE AND ISSUES: On March 2, 2010 the USEPA 

published a notice in the Federal Register of the approval of using the Motor Vehicle Emissions Simulator 

(MOVES) model as a tool for calculating on-road mobile emissions. The agency also stated in the notice 

that “today's approval also starts a two-year transportation conformity grace period which ends on March 2, 

2012, after which MOVES2010 is required to be used for new regional emissions analyses for 

transportation conformity”. In consideration of the MOVES requirement for regional emissions analysis 

and that the MOVES model predicts more accurate mobile emissions; the Department is proposing to 

amend its currently adopted State Implementation Plan with a revised on-road mobile emissions budget 

using the MOVES model. This action will more accurately calculate the on-road sector’s portion of 

particulate matter and oxides of nitrogen emissions in New Castle County. The action will also address the 

compatibility issue with future regional emissions analyses for transportation conformity for the annual PM 

2.5 standard.

 

3. POSSIBLE TERMS OF THE AGENCY ACTION: This action is not a regulation and does not have a sunset 

date.

 

4. STATUTORY BASIS OR LEGAL AUTHORITY TO ACT: 7 Del. C., Chapter 60, Environmental Control

5. OTHER REGULATIONS THAT MAY BE AFFECTED BY THE PROPOSAL: None

6. NOTICE OF PUBLIC COMMENT: Statements and testimony may be presented either orally or in writing at a 

public hearing to be held on December, 28, 2011 beginning at 6:00 PM in the DNREC Auditorium, located at 

the Richardson & Robbins Building, 89 Kings Highway, Dover, DE 19901. Interested parties may submit 

comments in writing to: Philip Wheeler, DNREC Division of Air Quality, 655 South Bay Road, Dover 

Delaware, 19901.

7. PREPARED BY:

 Philip Wheeler (302) 739-9402 November 8, 2011

Name/Phone # Date

Email address__philip.wheeler@state.de.us
..... ... 

.... ····- --··- -·--···------· --·--......---·--·-- . ..·----··--·-----------~cbm&n 1.~ 

~~t . .. . "iNDEPEN.DEl\lT NEWSPAPERS, IN·G:.· . . 

R 0. BGJx. 7.001 • Dover, Delaware • 19903 • '1-800·282~8586 

State of Delaware: 

County of Kent: 

Before me, a Notary Public,. for the Col!nty and State afores·ajd, Edward Dulin, known 

to me to. be SUCh, Who. be'ing SWO(n act:ording to laW depoSe$ arid says that he js ·. · . 

-· Pr:~sident of Independent Newspapers, Inc./ belmaNa, tbe publisher of The Delaware · 

·_ State. News, a daily new$p.aper published at Dover, County· ql Kant. and State of. 

Delaware, and tha:t tile nbtice, a <.:9PY · which is ereto :at.taclied, as published in The 

Delaware State News. in its issue of ,..I..JfJ..L~LL!.I4l::La'-'-'ti-<p1!>,J...LLI:__ __ 

President 

Independent Newspapers, Inc. 1 Delmarva 

Sworn to and subsc( 

A.D. ;tO/ { 

'. 

.l. 
rsron of Arr Qualrty wrll conduct a publrc hear~ ~the> proposed amcndmen 

\IJ the Aprrl, 7.008 Delaware State Implementation Plan For Attainment of lh 

Pl-12.5 Annual National Ambient Air Quality Standard fm the purpose of revisin 

e on·road mobile emis.c;ions budget using the- Motor VChide Emissions Simu 

fator (MOVES) model. · 

is SIP revision is related to the PM2.5 and NOx OINOad mobile source bud 

ets that were established in the 2008 PM2.5 SIP. ·Those SIP budgets were es 

blished 1,1sing EPA's MOBILE6.2 model. However. e:Ted.ive March, 2012 

N "'fl·road mobile emissions model • MOVES- is required to be used in al 

G!nnrng and transportation conformity determinations. . 

. 1e purpose of this SIP revrsion is to 1) replace the on-road mobile emission 

budget in. the 2008 PM2.S SIP witll a budget that is based on the ~lOVES mod· 

I, 2) demonstrate that the MOVES based mobile source bud<Jet is cons!sten 

Nith attoinmeht of the PM2.5 NAAQS by 2010, and 3) deioo"trate that th 

ntingencY ~equirements of the Clean A'rr Act (CAA) are met. No oU1er chang ., s or re_visk>ns to the 2008 PM2.5 SIP are proposed. l c public hearing on this proposed amendment of the State Impfcment:alion 

Plan will be held December 28, 2011 beginning at 6:00 PM in the DNREC Audl 

o;ium, kxated at the Richardson & Robbins Building, 89 Kings Highway, 

Dover, .DE 19901. 

e proposed amendment of the State Implementation Plan may be rnspect • he Department's offices IOG:Ited at 655 South Bay Road, Suite 5N, Oover, 

. aware or on·http:J/viW.;I,dnr~.Jie!ay;a.re.gQv/whs/~wmfl!l!91B~11Pilg~ 

.• QMPJi!!.~P.x. 

r· additional _infoJ11lation or any ap!X)intments to inspect the _proposed amend I 

ent of .the State .Implementation Plan please contact Philip Wheeler, 65 !. 

1th Bay Road, Suite SN, Dover, DE, 302-739.,g402, · 

.ffii!P. W~@S!<lto .. d~.us. 

nterested parties .shall submit comments in writing on the proposed amend 

nt of the Stal(1 impl~mentation Plan by the end of t.he comment periOd, a. 

ignated by the hearing officer at this hearing, to Philip Wheeler and/o 

tatements and testimony may be presented either orally or in writing at th 

ember 28, 2011 pub!ic hP.aring. It is requested that those interested r resenfrnc.J statements at the public hearing register in· advance and that writ 

_en statements and comments be addressed to: . 

Philip Wheel~r · 

DNREC- Division of Air Quality 

6~5 South Bay Road, Suite SN 

Dover, Delaware 19901 

THIS IS THE Olll:l TIME THIS NOTICE Will APPEAR. 

; 

' •. 

I , 03t75 DSN 11/20/2011 . ~.., ....... . ·r ...... :... .. -..J 
t 

:;;y:• 'tlesr Bmin Rood 

· ~-:-w ;__:~;')tie, Df. ! 9720 

.'.\ud:•1Si :-.ddre~): 

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::,:·•(:,i J')il·.S51E 

I 

Legal Desk 302-324-2676 

Legal Fax 302-324-2249 

AFFIDAVIT OF PUBLICATION 

State of Delaware 

Personally appeared before me this 21''day of November, 2011. 

I, Kristin Segner, of The News Journal Company, a daily newspaper printed and published 

in the County of New Castle County, State of Delaware, who, being duly sworn states that 

the advertisement of S/D DNREC Division of Air Quality- Public Hearing 12/28/2011 

was published in The News Journal on November 20, 2011 

Legal Coordinator 

Title 

Sworn to before me this 21'' day of November, 2011 

II 

1&_2~ Notary Public 

:I I; 

I i II ! I 

Wanda James 

· Notary Public 

Sia!e of Delaware 

C:;m:r,,ssian uxpires 1"1/0212012 
... ... . . ~ 

I

f • DNREC/Divlslon of Air Quality 

. LEGAL NOTICE 

i. \: ... 1 ~IJ~~J~ HE~P.!.~Q· i Tho Der.artmont ol Natural ResourcF.Is and Env1ronme~ M: 1111 Con.rol (DNREC) Dt,.!sioo at A1r Quality wrll conduct 

•• ~ <:1. public hiolarmg on the proposed amendment :o tho Apnl, 2008 Delaware State Implementation Plan For AI· 

1 tsinment of the PM2.5 Annual National Amb:t.•nt Ai{ 

' Quality Star.dard tor ~he purpose u! revising lt:a on-read 

1

·.:,·. mobile emissions budget w;ing tilt:! Motos V.:!hu..::a EmiS· s1ons Stmulator (rJOVES) moc.IP.L . 

Thts Sl? revis:on 1S relalt..'O to tna PM~.5 and NQ)( on~ 

•

·jl.: rvad mobdu &OLJrcc t1ut1gets that were established -n 1/lC 2008 PM2.5 SIP. ThOS\1 SIP budgets were establisiH~d 

using EPA's MOBILE6.2 model. Hov.."Sver, effective 

Ma•ch, 2012 a new on-road mob1le emissions model -

MOVES- is raqwred to be used in all planning and trailS· 

portalton conformity de:erminatlo~s. 

The purpostl or thts SIP re,.iston •a to 1) rep:ace the on· 

road mobtle emiasior:s budget in the 2008 PM2.5 S!P 

With a budgeT lhCII IS based on the MOVES model. 2) 

demonstrale that !ho MOVES basad IT!obila SOI.irce 

b•JdQet is consi~!f:lrtl with at1~:~1r·r~t:L"I r.;f l.,tt PM2'.5 

NAAOS by 2010, ;:~.nd 3) dt1mon!;[rf4t!3 th:Jt lllu cootingen· 

cy requiremer·tG of lhe C!can lo,.•r Act ~CM} are mel. No 

Qlher changes 01 r.,;JiS or1s to t'la 200!1 PM2 ~ SIP are 

propose~ j 

rhe public t:ear:.'!g on th;s propo.::.ed amm1dment of me 

State lmplementfli"<Jil Plan wul btl he-ld December 28. 

2011 begir1ning at 6:GO PM in the DNREC Auditorium. 

loc&led at the Richardson & Robb:n!:> Building, 89 Kings 

Highway, Dover, DE. 19901. 

The proposed amendment of the Slate l:nplementation 

Plat'i may bo rnspected at the Department's office& local· 

ad at 665 South Bay Road. Sul!e 5N, Dove,, Delaware 

or on !!!IPJ~.dnmc,del~wa~.QOV!w.,s!awmllr.loiRegs!P.~ 

.~Ot.J.P..!..II!!.S'""Jr~-~-.aSpJ.. 

For addi:lonal informe~tion or any appointments to in· 

spect the proposed am~ndmont of the Stato Implementation Plan please contact Philip Wheeler, 655 South 

Bar. Road. Suite SN, Dover, DE, 302·739-9402, 

Ph1Hp.Wi)oaler(rj-s!a1~ de.us. 

Interested parties shall submit comments in wntmg on ltle proposed amendment ot the Stata Implementation f Plan by the ttnd of the comment period, as designated ~ oy thP hfl<~rin{] officRr _., !hie; tw:utr)ng, tn Pllil:p W11Df1'1flr 

\ ~ and/or statements and testimony may bo presenlud e<-

' !her orally or in writing at the December 28, 2011 public 

: hm.uing. It is requested that :hose interastod in prasentng Matemenls at the public hearing register ln advance 

· il.nd that written s!atemen!o and (fomments be t:~d· 

·· dressed to: 

i 

l 

Philip Wheeler I ~ 

DNREC - Division of Air Oual:ty i 6&:5 South 8.:1y Ro.td. Suite SN 

. Dover, Delaware 19901 1 

TH!S IS THE ONL V TIME THIS NOTICE WILL A.PPEAR . 11120-NJ -· 'J1!17:'fota4ll