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, 2452-2457 [2010-745]
Download as PDF
<![CDATA[
2452
Federal Register / Vol. 75, No. 10 / Friday, January 15, 2010 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2009–0712; FRL–9103–9]
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
erowe on DSK5CLS3C1PROD with PROPOSALS-1
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to approve
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 proposing to approve the RFP
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 proposing to
approve the SIP revision because it
satisfies RFP, emissions inventory,
contingency measures, RFP
transportation conformity, and RACM
requirements for the 1997 8-hour ozone
national ambient air quality standard
(NAAQS) nonattainment areas classified
as moderate and demonstrates further
progress in reducing ozone precursors.
EPA is proposing to approve the SIP
revision pursuant to section 110 and
part D of the CAA and EPA’s
regulations.
DATES: Written comments must be
received on or before February 16, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2009–0712 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2009–0712,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 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
VerDate Nov<24>2008
13:19 Jan 14, 2010
Jkt 220001
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–2009–
0712. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://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 e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
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 https://
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 https://
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 & Environmental
Control, 89 Kings Highway, P.O. Box
1401, Dover, Delaware 19901.
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
FOR FURTHER INFORMATION CONTACT: Rose
Quinto, (215) 814–2182, or by e-mail at
quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
The following is provided to aid in
locating information in this document.
I. What Action Is EPA Taking?
II. What Is the Background of This Action?
III. What Is EPA’s Evaluation of the Revision?
IV. What Are EPA’s Conclusions?
V. What Are Statutory and Executive Order
Reviews?
I. What Action Is EPA Taking?
EPA is proposing to approve a
revision to the Delaware SIP submitted
by the Delaware Department of Natural
Resources and Environmental Control
(DNREC) on June 13, 2007, to meet the
emissions inventory and RFP
requirements of the CAA for the
Delaware portion of the Philadelphia
1997 8-hour ozone moderate
nonattainment area. EPA is proposing to
approve the 2002 base year emissions
inventory, the 15 percent RFP plan, the
RFP 2008 MVEBs, contingency
measures, and RACM analysis. The RFP
plan demonstrates that emissions will
be reduced 15 percent for the period of
2002 through 2008. The volatile organic
compound (VOC) MVEBs is 21.84 tons
per day (tpd) and the nitrogen oxides
(NOx) MVEBs is 43.89 tpd. EPA is
proposing to approve the SIP revision
pursuant to section 110 and part D of
the CAA and EPA regulations.
II. What Is the Background for This
Action?
In 1997, EPA revised the health-based
NAAQS for ozone, setting it at 0.08
parts per million (ppm) averaged over
an 8-hour time frame. EPA set the 8hour ozone standard based on scientific
evidence demonstrating that ozone
causes adverse health effects at lower
ozone concentrations and over longer
periods of time, than was understood
when the pre-existing 1-hour ozone
standard was set. EPA determined that
the 8-hour standard would be more
protective of human health, especially
children and adults who are active
outdoors, and individuals with a preexisting respiratory disease, such as
asthma.
On April 30, 2004 (69 FR 23951), EPA
finalized its attainment/nonattainment
designations for areas across the country
with respect to the 8-hour ozone
standard. These actions became
effective on June 15, 2004. Among those
nonattainment areas is the PhiladelphiaWilmington-Atlantic City (PA–NJ–MD–
DE) moderate nonattainment area
E:\FR\FM\15JAP1.SGM
15JAP1
2453
Federal Register / Vol. 75, No. 10 / Friday, January 15, 2010 / Proposed Rules
(NAA). This NAA includes the three
counties in Delaware, five counties in
eastern Pennsylvania, one county in
Maryland and eight counties in
southern New Jersey.
These designations triggered the
CAA’s section 110(a)(1) requirement
that States must submit attainment
demonstrations for their nonattainment
areas to EPA by no later than three years
after the promulgation of a NAAQS.
Accordingly, EPA’s Phase 1 8-hour
ozone implementation rule (Phase 1
rule), published on April 30, 2004 (69
FR 23951) specifies that States must
submit attainment demonstrations for
their nonattainment areas to EPA by no
later than three years from the effective
date of designation, that is, by June 15,
2007.
Pursuant to the Phase 1 rule, an area
was classified under subpart 2 of the
CAA based on its 8-hour design value if
that area had a 1-hour design value at
or above 0.121 ppm (the lowest 1-hour
design value in Table 1 of subpart 2).
Based on this criterion, Delaware, as
part of the Philadelphia nonattainment
area was classified under subpart 2 as a
moderate nonattainment area. On
November 29, 2005 (70 FR 71612), as
revised on June 7, 2007 (72 FR 31727),
EPA published the Phase 2 final rule for
implementation of the 8-hour standard
(Phase 2 rule) that addressed the RFP
control and planning obligations as they
apply to areas designated nonattainment
for the 1997 8-hour ozone NAAQS. The
Phase 1 and 2 rules outline the SIP
requirements and deadlines for various
requirements in areas designated as
moderate nonattainment. For such
areas, reasonably available control
technology (RACT) plans were due by
September 2006 (40 CFR 51.912(a)(2)).
The rules further require that modeling
and attainment demonstrations, RFP
plans, RACM, projection year emission
inventories, motor vehicle emissions
budgets, and contingency measures
were all due by June 15, 2007 (40 CFR
51.908(a), (c)).
Section 182(b)(1) of the CAA and
EPA’s 1997 8-hour ozone
implementation rule (40 CFR 51.910)
require each 8-hour ozone
nonattainment area designated moderate
and above to submit an emissions
inventory and RFP Plan, for review and
approval into its SIP, that describes how
the area will achieve actual emissions
reductions of VOC and NOx from a
baseline emissions inventory.
III. What Is EPA’s Evaluation of the
Revision?
EPA’s analysis and findings are
discussed in this proposed rulemaking
and a more detailed discussion is
contained in the Technical Support
Document for this Proposal which is
available on line at https://
www.regulations.gov, Docket number
EPA–R03–OAR–2009–0712.
After completing the appropriate
public notice and comment procedures,
Delaware made several submittals in
order to address the CAA’s 8-hour ozone
attainment requirements. On October 2,
2006, Delaware submitted a RACT SIP
revision which certifies that all relevant
RACT controls have been implemented
in Delaware for attaining the 8-hour
ozone standard. EPA approved
Delaware’s 8-hour RACT SIP revision on
July 23, 2008 (73 FR 42681). On May 2,
2007, Delaware submitted a new VOC
control from crude oil lightering
operations. EPA approved this rule on
September 13, 2007 (72 FR 52285). On
June 13, 2007, Delaware submitted a
comprehensive 8-hour ozone SIP. The
SIP submittal included an attainment
demonstration plan, RFP plans for 2008
and 2009, RACM analysis, contingency
measures, on-road motor vehicle
emission budgets, and the 2002 base
year emissions inventory. These SIP
revisions were subject to notice and
comment by the public and the State
addressed the comments received on the
proposed SIPs. All sections of this SIP
submittal with the exception of the
attainment demonstration plan will be
discussed in this rulemaking. The
attainment demonstration plan sections
of this SIP submittal will be discussed
in a separate rulemaking.
A. Base Year Emissions Inventory
An emissions inventory is a
comprehensive, accurate, current
inventory of actual emissions from all
sources and is required by section
172(c)(3) of the CAA. For ozone
nonattainment areas, the emissions
inventory needs to contain VOC and
NOX emissions because these pollutants
are precursors to ozone formation. EPA
recommended 2002 as the base year
emissions inventory, and is therefore
the starting point for calculating RFP.
Delaware submitted its 2002 base year
emissions inventory on June 13, 2007. A
summary of the 2002 base year VOC and
NOX emissions inventory, in tons per
day (tpd), are included in Tables 1 and
2 of this document.
TABLE 1—DELAWARE 2002 BASE YEAR VOC EMISSIONS
Source sector
Kent
New Castle
Sussex
State total
Point .................................................................................................................
Stationary Area ................................................................................................
Non-Road Mobile .............................................................................................
On-Road Mobile ...............................................................................................
0.49
5.75
5.17
5.45
9.42
20.02
12.24
16.98
13.35
7.31
9.36
9.95
23.26
33.08
26.77
32.38
Total Emissions ........................................................................................
16.86
58.66
39.97
115.49
TABLE 2—DELAWARE 2002 BASE YEAR NOX EMISSIONS
erowe on DSK5CLS3C1PROD with PROPOSALS-1
Source sector
Kent
New Castle
Sussex
State total
Point .................................................................................................................
Stationary Area ................................................................................................
Non-Road Mobile .............................................................................................
On-Road Mobile ...............................................................................................
5.06
0.45
15.02
13.97
44.09
1.95
24.62
36.56
24.95
0.77
13.15
18.50
74.10
3.17
52.79
69.03
Total Emissions ........................................................................................
34.50
107.22
57.37
199.09
VerDate Nov<24>2008
13:19 Jan 14, 2010
Jkt 220001
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
E:\FR\FM\15JAP1.SGM
15JAP1
2454
Federal Register / Vol. 75, No. 10 / Friday, January 15, 2010 / Proposed Rules
B. Adjusted Base Year Inventory and
2008 RFP Target Levels
The process for determining the
emissions baseline from which the RFP
reductions are calculated, is described
in section 182(b)(1) of the CAA and 40
CFR 51.910. This baseline value has
been determined to be the 2002 adjusted
base year inventory. Sections
182(b)(1)(B) and (D) require the
exclusion from the base year inventory
of emissions benefits resulting from the
Federal Motor Vehicle Control Program
(FMVCP) regulations promulgated by
January 1, 1990, and the Reid Vapor
Pressure (RVP) regulations promulgated
June 11, 1990 (55 FR 23666). The
FMVCP and RVP emissions reductions
are determined by the State using EPA’s
on-road mobile source emissions
modeling software, MOBILE6. The
FMVCP and RVP emission reductions
are then removed from the base year
inventory by the State, resulting in an
adjusted base year inventory. The
emission reductions needed to satisfy
the RFP requirement are then calculated
from the adjusted base year inventory.
These reductions are then subtracted
from the adjusted base year inventory to
establish the emissions target for the
RFP milestone year (2008).
For moderate areas like the
Philadelphia nonattainment area, the
CAA specifies a 15 percent reduction in
ozone precursor emissions over an
initial six year period. In the Phase 2
rule, EPA interpreted this requirement
for areas that were also designated
nonattainment and classified as
moderate or higher for the 1-hour ozone
standard. Also in the Phase 2 rule, EPA
provided that an area classified as
moderate or higher that has the same
boundaries as an area, or is entirely
composed of several areas or portions of
areas, for which EPA fully approved a
15 percent plan for the 1-hour NAAQS,
is considered to have met the
requirements of section 182(b)(1) of the
CAA for the 8-hour NAAQS. In this
situation, a moderate nonattainment
area is subject to RFP under section
172(c)(2) of the CAA and shall submit,
no later than 3 years after designation
for the 8-hour NAAQS, a SIP revision
that meets the requirements of 40 CFR
51.910(b)(2). The RFP SIP revision must
provide for a 15 percent emission
reduction (either NOX and/or VOC)
accounting for any growth that occurs
during the six year period following the
baseline emissions inventory year, that
is, 2002–2008. The sections 182 and 172
requirements differ in that section
182(b)(1) specifies that it must be a 15
percent VOC reduction, where section
172(c)(2) provides that the 15 percent
reduction can be either a VOC and/or
NOX reduction.
According to EPA’s Phase 2 rule,
Delaware must achieve 15 percent VOC
emission reduction in Sussex County
from its 2002 baseline level, and 15
percent VOC and/or NOX emission
reduction in Kent and New Castle
Counties from their combined 2002
baseline level before the end of 2008.
According to section 182(b)(1)(D) of
the CAA, emission reductions that
resulted from the FMVCP and RVP rules
promulgated prior to 1990 are not
creditable for achieving RFP emission
reductions. Therefore, the 2002 base
year inventory is adjusted by subtracting
the VOC and NOX emission reductions
that are expected to occur between 2002
and the future milestone years due to
the FMVCP and RVP rules. The FMVCP/
RVP VOC and NOX emission reductions
that are expected to occur between 2002
and 2008 were determined using EPA’s
MOBILE6.2 model. The input and
output files for MOBILE6.2 runs for the
adjustments, the emission factors
generated, and the calculations for
emission projections are found in
Appendix 4–1 of the Delaware SIP
submittal. The adjustments, in tpd, are
presented in Table 3 for Sussex County
and Table 4 for Kent and New Castle
Counties.
TABLE 3—MOBILE SOURCE FMVCP/RVP ADJUSTMENTS FOR SUSSEX COUNTY
VOC
Adjusted On-Road Mobile Source Emissions:
Adjusted for 2002 ..........................................................................................................
Adjusted for 2008 ..........................................................................................................
Mobile Source Adjustments for 2002 Baseline:
2002–2008 ....................................................................................................................
NOX
Note
16.66
15.51
20.24
18.81
1.15
1.42
A
B2008
C2008 = A¥B2008
TABLE 4—MOBILE SOURCE FMVCP/RVP ADJUSTMENTS FOR KENT AND NEW CASTLE COUNTIES
VOC
Adjusted On-Road Mobile Source Emissions:
Adjusted for 2002 ..........................................................................................................
Adjusted for 2008 ..........................................................................................................
Mobile Source Adjustments for 2002 Baseline:
2002–2008 ....................................................................................................................
erowe on DSK5CLS3C1PROD with PROPOSALS-1
The mobile source adjustments in
Tables 3 and 4 are the non-creditable
emission reductions due to the pre-1990
FMVCP and RVP rules. Subtracting
these adjustments from the 2002 base
year emissions inventory (i.e., the State
total emissions in Tables 1 and 2) will
give the 2002 adjusted base year
NOX
Note
42.16
39.18
56.02
51.64
2.98
4.38
a
b2008
c2008 = a¥b2008
emissions inventory relative to the
subject milestone year, as presented in
Table 5 for Sussex County and Table 6
for Kent and New Castle Counties.
TABLE 5—THE 2002 ADJUSTED BASE YEAR EMISSIONS INVENTORY FOR SUSSEX COUNTY
VOC
2002 Base Year Emissions Inventory ..................................................................................
Mobile Source Adjustments for 2002–2008 .........................................................................
2002 Adjusted Baseline Relative to 2008 ............................................................................
VerDate Nov<24>2008
13:19 Jan 14, 2010
Jkt 220001
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
NOX
39.97
1.15
38.82
E:\FR\FM\15JAP1.SGM
15JAP1
57.37
1.42
55.95
Note
E
C2008
F2008 = E¥C2008
2455
Federal Register / Vol. 75, No. 10 / Friday, January 15, 2010 / Proposed Rules
TABLE 6—THE 2002 ADJUSTED BASE YEAR EMISSIONS INVENTORY FOR KENT AND NEW CASTLE COUNTIES
VOC
2002 Base Year Emissions Inventory ..................................................................................
Mobile Source Adjustments for 2002–2008 .........................................................................
2002 Adjusted Baseline Relative to 2008 ............................................................................
By the end of 2008, Delaware is
required to reduce 15 percent in its 2002
adjusted base year emissions inventory.
According to the Phase 2 rule, Sussex
County must achieve this 15 percent
reduction in its VOC emission, since it
did not have a 15 percent VOC rate-ofprogress plan approved by EPA under
the 1-hour ozone standard. For Kent and
New Castle Counties, their 15 percent
emission reductions can be achieved
form VOC emissions and/or from NOX
emissions.
The 15 percent VOC emission
reduction and emission target in 2008 in
Sussex County are calculated as follows:
Sussex 2002 adjusted VOC baseline
relative to 2008 is 38.82 tpd.
Required 15 percent emission reduction:
38.82 × 15 percent = 5.82 tpd.
2008 VOC emission target: 38.83 ¥ 5.82
= 33.00 tpd.
The 15 percent VOC emission
reduction and emission target in 2008 in
Kent and New Castle Counties are
calculated as follows:
Kent/New Castle 2002 adjusted VOC
baseline relative to 2008 is 72.54 tpd.
Required 15 percent emission reduction:
72.54 × 15 percent = 10.88 tpd.
2008 VOC emission target: 72.54 ¥
10.88 = 61.66 tpd.
erowe on DSK5CLS3C1PROD with PROPOSALS-1
C. Control Measures and Emission
Reductions for RFP
The only post-2002 point source VOC
control in Sussex County is Regulation
No. 24, Section 46, Control of Crude Oil
Lightering Operations. Since there will
be no new VOC controls for point
sources, non-point source sector, and
non-road mobile source sector for VOC
emissions between 2008 and 2009,
Delaware’s 2008 emission reductions
and projections are estimated by
interpolating the 2002 base year
emissions and the 2009 projections.
Kent and New Castle Counties applied
for and obtained total VOC and NOX
emission reductions from facility/unit
shutdown or modification. The 2008 onroad mobile source VOC emissions were
projected using EPA’s MOBILE6.2 for
obtaining factors and the Peninsula
Travel Demand Model (PTDM) for
predicting future vehicle miles traveled
(VMT). Tables 7 and 8 summarize the
total 2008 VOC emission projections, in
tpd, for the RFP requirements for Sussex
VerDate Nov<24>2008
13:19 Jan 14, 2010
Jkt 220001
75.52
2.98
72.54
County and Kent/New Castle Counties,
respectively.
TABLE 7—SUSSEX COUNTY TOTAL
VOC EMISSION PROJECTION
[tpd]
Point Source Sector .........................
Area Source Sector ..........................
Non-Road Mobile Sector ..................
On-Road Mobile Sector ....................
Total 2008 Emission Projection
10.71
6.32
8.01
7.09
32.13
The total VOC emission projection
meets the 2008 emission target under
the 15 percent RFP requirements (33.00
tpd). Therefore, the 2008 RFP in Sussex
County is demonstrated.
TABLE 8—KENT AND NEW CASTLE
COUNTIES TOTAL VOC EMISSION
PROJECTION
[tpd]
Point Source Sector .........................
Area Source Sector ..........................
Non-Road Mobile Sector ..................
On-Road Mobile Sector ....................
Total 2008 Emission Projection
10.51
21.64
13.81
14.75
60.71
The total VOC emission projection
meets the 2008 emission target under
the 15 percent RFP requirements (61.66
tpd). Therefore, the 2008 RFP in Kent
and New Castle Counties is
demonstrated.
D. Contingency Measures
The CAA requires States with
nonattainment areas to implement
specific control measures if the area
fails to make reasonable further
progress. This CAA provision is a
requirement for States with moderate
and above ozone nonattainment areas to
include sufficient contingency measures
in their RFP so that, upon
implementation of such measures,
additional emission reductions of at
least 3 percent of the adjusted 2002
baseline emissions would be achieved.
Under the same provision of the CAA,
EPA also requires that the contingency
measures must be fully adopted control
measures or rules, so that upon failure
to meet milestone requirements, the
contingency measures can be
implemented without any further
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
NOX
141.72
4.38
137.34
Note
e
c2008
f2008 = e¥c2008
rulemaking activities by the States and/
or EPA. For more information on
contingency measures, see the April 16,
1992 General Preamble (57 FR 13512)
and the November 29, 2005 Phase 2 8hour ozone implementation rule (70 FR
71612).
To meet the requirements for
contingency emission reductions, EPA
allows States to use NOX emission
reductions to substitute for VOC
emission reductions in their
contingency plans. The condition set
forth by EPA for NOX substitution is
that States must achieve a minimum of
0.3 VOC reductions of the total 3
percent contingency reduction, and the
remaining 2.7 percent reduction can be
achieved through NOX emission
controls. Delaware included both VOC
and NOX emission controls as
contingency measures in this 8-hour
ozone RFP.
Based on the CAA and EPA
requirements on contingency measures,
the contingency VOC reduction for
Delaware for the 2008 milestone year is
as follows: the 2002 VOC baseline
(statewide) adjusted to 2008 (see Tables
6 and 7 in this document) is 111.36 tpd,
therefore, contingency VOC emission
reduction in 2008 is 111.36 multiplied
by 3 percent = 3.34 tpd.
Analysis in Chapter 5.5, page 29 of
the Delaware SIP, indicates that the
three counties in Delaware will have a
VOC emission reduction surplus of 1.82
tpd in 2008 [i.e., (33.00 + 61.66) ¥
(32.13 + 60.71) = (94.66 ¥ 92.84) =
1.82]. Therefore there is 3.34 ¥ 1.82 =
1.52 tpd contingency VOC reduction
shortfall in 2008.
Delaware’s 2002 VOC-to-NOX baseline
(with respect to 2008) ratio is (38.82 +
72.54): (55.95 + 137.34) =
111.36:193.29 = 1:1.74 (Section 4,
Tables 4–3 and 4–4 in the Delaware
SIP). Therefore, the contingency VOC
reduction shortfall is equivalent to 1.52
× 1.74 = 2.64 tpd NOX reduction
shortfall.
Delaware has implemented numerous
controls leading to NOX reductions in
2008 that are greater than the identified
2.64 contingency shortfall (see
subsections 5.4 and 6.4 of the Delaware
SIP). Therefore, there is no need to
specify additional contingency
measures for the 2008 milestone year.
E:\FR\FM\15JAP1.SGM
15JAP1
2456
Federal Register / Vol. 75, No. 10 / Friday, January 15, 2010 / Proposed Rules
E. RACM Analysis
Pursuant to section 172(c)(1) of the
CAA, States are required to implement
all RACM as expeditiously as
practicable. Specifically, section
172(c)(1) states the following: ‘‘In
general—Such plan provisions shall
provide for the implementation of all
reasonably available control measures as
expeditiously as practicable (including
such reductions in emissions from
existing sources in the area as may be
obtained through the adoption, at a
minimum, of reasonably available
control technology) and shall provide
for attainment of the national primary
ambient air quality standards.’’
Furthermore, in EPA’s Phase 2 rule,
EPA describes how States must include
with their attainment demonstration a
RACM analysis (70 FR 71659). The
purpose of the RACM analysis is to
determine whether or not reasonably
available control measures exist that
would advance the attainment date for
nonattainment areas. Control measures
that would advance the attainment date
are considered RACM and must be
included in the SIP. RACM are
necessary to ensure that the attainment
date is achieved ‘‘as expeditious as
practicable.’’
Control measures under RACT
constitute a major group of RACM
control measures for stationary sources.
To meet the CAA’s RACT requirements
under the 8-hour ozone standard,
Delaware submitted a RACT SIP
revision on October 2, 2006, which
certifies that all relevant RACT controls
have been implemented in Delaware for
attaining the 8-hour ozone standard.
EPA approved Delaware’s 8-hour RACT
SIP revision on July 23, 2008 (73 FR
42681). On May 2, 2007, Delaware
submitted a new VOC control from
crude oil lightering operations. EPA
approved this rule on September 13,
2007 (72 FR 52285). In addition to those
RACT control measures, Delaware
adopted a number of other VOC and
NOX RACM measures. These measures
include the tightening of Delaware’s
Open Burning Regulation, Control of
Stationary Generator Emissions,
restrictions on Excessive Idling of Heavy
Duty Vehicles, Control of Stationary
Combustion Turbine Emissions, and the
Brandywine School Districts Clean
School Bus USA grant, and voluntary
and mandatory Ozone Action Day
initiatives. There are no additional
RACM measures or group of RACM
measures that Delaware could adopt to
advance the attainment date from 2009
to 2008, therefore Delaware has met the
RACM requirements of the CAA.
F. Transportation Conformity Budgets
Section 176 of the CAA requires that
highway transportation activities in
ozone nonattainment areas must: (1)
Establish in their SIP, mobile source
VOC and NOX emission budgets for
each of the milestone years up to the
attainment year and submit the mobile
budgets to EPA for approval; (2) upon
adequacy determination or approval of
EPA, States must conduct transportation
conformity analysis for their
Transportation Improvement Programs
(TIPs) and long range transportation
plans to ensure highway vehicle
emissions will not exceed relevant
mobile budgets; and (3) failure of
demonstrating such transportation
conformity lapses resulting in freezing
of Federal highway funds and all
Federal highway projects in the lapsed
area.
The mobile emission budgets for 2008
RFP milestone are based on the
projected 2008 mobile source emissions,
accounting for all relevant mobile
source controls including all Federal
controls and Delaware specific controls.
The 2008 mobile emissions are
projected using EPA’s MOBILE6.2 for
obtaining emission factors and the
‘‘Peninsula Travel Demand Model’’ for
predicting future VMT. Table 9 is a
summary of the 2008 VOC and NOX
motor vehicle emissions budgets for the
three counties in Delaware.
TABLE 9—MOTOR VEHICLE EMISSION BUDGETS FOR 2008
2008 Emissions (tpd)
County
FIPS
VOC
NOX
10001
10003
10005
4.14
10.61
7.09
9.68
21.35
12.86
State Total ............................................................................................................................
erowe on DSK5CLS3C1PROD with PROPOSALS-1
Kent ..............................................................................................................................................
New Castle ..................................................................................................................................
Sussex .........................................................................................................................................
........................
21.84
43.89
On March 21, 2008, EPA posted the
availability of these budgets for
Delaware on EPA’s conformity Web site
for the purpose of soliciting public
comments. The public comment period
closed on April 21, 2008 and no
comments were received. On December
19, 2008 (73 FR 77682), EPA published
a notice of adequacy for the Delaware
2008 RFP MVEBs. In this notice, EPA
found that Delaware’s RFP MVEBs are
adequate for transportation conformity
purposes. As a result of EPA’s finding,
Delaware shall use the MVEBs from the
June 13, 2007 RFP plan for future
conformity determinations for the 8hour standard.
VerDate Nov<24>2008
13:19 Jan 14, 2010
Jkt 220001
IV. What Are EPA’s Conclusions?
EPA is proposing approval of the
Delaware’s SIP revision to meet the RFP
requirements of the CAA for the
Delaware portion of the Philadelphia
1997 8-hour ozone moderate
nonattainment area. EPA is also
proposing approval of the RFP MVEBs,
the 2002 base year emissions inventory,
contingency measures, and RACM
analysis associated with this revision.
EPA is proposing approval of the SIP
revision because it satisfies RFP,
emissions inventory, RFP transportation
conformity, contingency measures, and
RACM requirements for the 1997 8-hour
ozone nonattainment areas classified as
moderate and demonstrates further
progress in reducing ozone precursors.
V. What Are Statutory and Executive
Order Reviews?
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, 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. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
E:\FR\FM\15JAP1.SGM
15JAP1
Federal Register / Vol. 75, No. 10 / Friday, January 15, 2010 / Proposed Rules
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 (Pub. L. 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 proposed rule
pertaining to Delaware’s RFP Plan, 2002
base year emissions inventory,
contingency measures, RACM analysis,
and transportation conformity budgets,
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.
erowe on DSK5CLS3C1PROD with PROPOSALS-1
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 6, 2010.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2010–745 Filed 1–14–10; 8:45 am]
BILLING CODE 6560–50–P
VerDate Nov<24>2008
13:19 Jan 14, 2010
Jkt 220001
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 215, 234, 242, 244, and
252
RIN 0750–AG58
Defense Federal Acquisition
Regulation Supplement; Business
Systems—Definition and
Administration (DFARS Case 2009–
D038)
AGENCY: Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule with request for
comments.
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
improve the effectiveness of DoD
oversight of contractor business
systems.
DATES: Interested parties should submit
comments in writing to the address
shown below on or before March 16,
2010.
ADDRESSES: You may submit comments,
identified by DFARS Case 2009–D038,
using any of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: dfars@osd.mil. Include
DFARS Case 2009–D038 in the subject
line of the message.
Fax: 703–602–0350.
Mail: Defense Acquisition Regulations
System, Attn: Mr. Mark Gomersall,
OUSD (AT&L) DPAP (DARS), IMD
3D139, 3062 Defense Pentagon,
Washington, DC 20301–3062.
Hand Delivery/Courier: Defense
Acquisition Regulations System, Crystal
Square 4, Suite 200A, 241 18th Street,
Arlington, VA 22202–3402.
FOR FURTHER INFORMATION CONTACT: Mr.
Mark Gomersall, 703–602–0302.
SUPPLEMENTARY INFORMATION:
A. Background
Contractor business systems and
internal controls are the first line of
defense against waste, fraud, and abuse.
Weak control systems increase the risk
of unallowable and unreasonable costs
on Government contracts. To improve
the effectiveness of Defense Contract
Management Agency (DCMA) and
Defense Contract Audit Agency (DCAA)
oversight of contractor business
systems, DoD is considering a rule to
clarify the definition and administration
of contractor business systems as
follows:
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
2457
1. DoD is proposing to define
contractor business systems as
accounting systems, estimating systems,
purchasing systems, earned value
management systems (EVMS), material
management and accounting systems
(MMAS), and property management
systems.
2. DoD is proposing to implement
compliance enforcement mechanisms in
the form of a business systems clause
which includes payment withholding
that allows administrative contracting
officers to withhold a percentage of
payments, under certain conditions,
when a contractor’s business system
contains deficiencies. Under such
circumstances, payments could be
withheld on—
• Interim payments under—
Æ Cost reimbursement contracts;
Æ Incentive type contracts;
Æ Time-and-materials contracts;
Æ Labor-hour contracts;
• Progress payments; and
• Performance-based payments.
This is not a significant regulatory
action and therefore was not subject to
review under Section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
B. Regulatory Flexibility Act
DoD has prepared an initial regulatory
flexibility analysis consistent with 5
U.S.C. 603. A copy of the analysis may
be obtained from the point of contact
specified herein. The analysis is
summarized as follows:
The objective of the rule is to
establish a definition for contractor
business systems and implement
compliance mechanisms to improve
DoD oversight of those contractor
business systems. The requirements of
the rule will apply to entities
contractually required to maintain one
or more of the defined contractor
business systems.
At this time DoD is unable to estimate
the number of small entities to which
this rule will apply. Therefore, DoD
invites comments from small business
concerns and other interested parties on
the expected impact of this rule on
small entities.
DoD will also consider comments
from small entities concerning the
existing regulations in subparts affected
by this rule in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (DFARS Case 2009–D038) in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C. chapter 35) applies because the
E:\FR\FM\15JAP1.SGM
15JAP1
]]>Agencies
[Federal Register Volume 75, Number 10 (Friday, January 15, 2010)]
[Proposed Rules]
[Pages 2452-2457]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-745]
[[Page 2452]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2009-0712; FRL-9103-9]
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: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve 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
proposing to approve the RFP 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 proposing to approve the SIP revision because it
satisfies RFP, emissions inventory, contingency measures, RFP
transportation conformity, and RACM requirements for the 1997 8-hour
ozone national ambient air quality standard (NAAQS) nonattainment areas
classified as moderate and demonstrates further progress in reducing
ozone precursors. EPA is proposing to approve the SIP revision pursuant
to section 110 and part D of the CAA and EPA's regulations.
DATES: Written comments must be received on or before February 16,
2010.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0712 by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2009-0712, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed 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-
2009-0712. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at https://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 https://www.regulations.gov or e-mail. The https://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 e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail 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
https://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 https://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 & Environmental Control, 89 Kings Highway, P.O. Box 1401,
Dover, Delaware 19901.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
The following is provided to aid in locating information in this
document.
I. What Action Is EPA Taking?
II. What Is the Background of This Action?
III. What Is EPA's Evaluation of the Revision?
IV. What Are EPA's Conclusions?
V. What Are Statutory and Executive Order Reviews?
I. What Action Is EPA Taking?
EPA is proposing to approve a revision to the Delaware SIP
submitted by the Delaware Department of Natural Resources and
Environmental Control (DNREC) on June 13, 2007, to meet the emissions
inventory and RFP requirements of the CAA for the Delaware portion of
the Philadelphia 1997 8-hour ozone moderate nonattainment area. EPA is
proposing to approve the 2002 base year emissions inventory, the 15
percent RFP plan, the RFP 2008 MVEBs, contingency measures, and RACM
analysis. The RFP plan demonstrates that emissions will be reduced 15
percent for the period of 2002 through 2008. The volatile organic
compound (VOC) MVEBs is 21.84 tons per day (tpd) and the nitrogen
oxides (NOx) MVEBs is 43.89 tpd. EPA is proposing to approve the SIP
revision pursuant to section 110 and part D of the CAA and EPA
regulations.
II. What Is the Background for This Action?
In 1997, EPA revised the health-based NAAQS for ozone, setting it
at 0.08 parts per million (ppm) averaged over an 8-hour time frame. EPA
set the 8-hour ozone standard based on scientific evidence
demonstrating that ozone causes adverse health effects at lower ozone
concentrations and over longer periods of time, than was understood
when the pre-existing 1-hour ozone standard was set. EPA determined
that the 8-hour standard would be more protective of human health,
especially children and adults who are active outdoors, and individuals
with a pre-existing respiratory disease, such as asthma.
On April 30, 2004 (69 FR 23951), EPA finalized its attainment/
nonattainment designations for areas across the country with respect to
the 8-hour ozone standard. These actions became effective on June 15,
2004. Among those nonattainment areas is the Philadelphia-Wilmington-
Atlantic City (PA-NJ-MD-DE) moderate nonattainment area
[[Page 2453]]
(NAA). This NAA includes the three counties in Delaware, five counties
in eastern Pennsylvania, one county in Maryland and eight counties in
southern New Jersey.
These designations triggered the CAA's section 110(a)(1)
requirement that States must submit attainment demonstrations for their
nonattainment areas to EPA by no later than three years after the
promulgation of a NAAQS. Accordingly, EPA's Phase 1 8-hour ozone
implementation rule (Phase 1 rule), published on April 30, 2004 (69 FR
23951) specifies that States must submit attainment demonstrations for
their nonattainment areas to EPA by no later than three years from the
effective date of designation, that is, by June 15, 2007.
Pursuant to the Phase 1 rule, an area was classified under subpart
2 of the CAA based on its 8-hour design value if that area had a 1-hour
design value at or above 0.121 ppm (the lowest 1-hour design value in
Table 1 of subpart 2). Based on this criterion, Delaware, as part of
the Philadelphia nonattainment area was classified under subpart 2 as a
moderate nonattainment area. On November 29, 2005 (70 FR 71612), as
revised on June 7, 2007 (72 FR 31727), EPA published the Phase 2 final
rule for implementation of the 8-hour standard (Phase 2 rule) that
addressed the RFP control and planning obligations as they apply to
areas designated nonattainment for the 1997 8-hour ozone NAAQS. The
Phase 1 and 2 rules outline the SIP requirements and deadlines for
various requirements in areas designated as moderate nonattainment. For
such areas, reasonably available control technology (RACT) plans were
due by September 2006 (40 CFR 51.912(a)(2)). The rules further require
that modeling and attainment demonstrations, RFP plans, RACM,
projection year emission inventories, motor vehicle emissions budgets,
and contingency measures were all due by June 15, 2007 (40 CFR
51.908(a), (c)).
Section 182(b)(1) of the CAA and EPA's 1997 8-hour ozone
implementation rule (40 CFR 51.910) require each 8-hour ozone
nonattainment area designated moderate and above to submit an emissions
inventory and RFP Plan, for review and approval into its SIP, that
describes how the area will achieve actual emissions reductions of VOC
and NOx from a baseline emissions inventory.
III. What Is EPA's Evaluation of the Revision?
EPA's analysis and findings are discussed in this proposed
rulemaking and a more detailed discussion is contained in the Technical
Support Document for this Proposal which is available on line at https://www.regulations.gov, Docket number EPA-R03-OAR-2009-0712.
After completing the appropriate public notice and comment
procedures, Delaware made several submittals in order to address the
CAA's 8-hour ozone attainment requirements. On October 2, 2006,
Delaware submitted a RACT SIP revision which certifies that all
relevant RACT controls have been implemented in Delaware for attaining
the 8-hour ozone standard. EPA approved Delaware's 8-hour RACT SIP
revision on July 23, 2008 (73 FR 42681). On May 2, 2007, Delaware
submitted a new VOC control from crude oil lightering operations. EPA
approved this rule on September 13, 2007 (72 FR 52285). On June 13,
2007, Delaware submitted a comprehensive 8-hour ozone SIP. The SIP
submittal included an attainment demonstration plan, RFP plans for 2008
and 2009, RACM analysis, contingency measures, on-road motor vehicle
emission budgets, and the 2002 base year emissions inventory. These SIP
revisions were subject to notice and comment by the public and the
State addressed the comments received on the proposed SIPs. All
sections of this SIP submittal with the exception of the attainment
demonstration plan will be discussed in this rulemaking. The attainment
demonstration plan sections of this SIP submittal will be discussed in
a separate rulemaking.
A. Base Year Emissions Inventory
An emissions inventory is a comprehensive, accurate, current
inventory of actual emissions from all sources and is required by
section 172(c)(3) of the CAA. For ozone nonattainment areas, the
emissions inventory needs to contain VOC and NOX emissions
because these pollutants are precursors to ozone formation. EPA
recommended 2002 as the base year emissions inventory, and is therefore
the starting point for calculating RFP. Delaware submitted its 2002
base year emissions inventory on June 13, 2007. A summary of the 2002
base year VOC and NOX emissions inventory, in tons per day
(tpd), are included in Tables 1 and 2 of this document.
Table 1--Delaware 2002 Base Year VOC Emissions
----------------------------------------------------------------------------------------------------------------
Source sector Kent New Castle Sussex State total
----------------------------------------------------------------------------------------------------------------
Point........................................... 0.49 9.42 13.35 23.26
Stationary Area................................. 5.75 20.02 7.31 33.08
Non-Road Mobile................................. 5.17 12.24 9.36 26.77
On-Road Mobile.................................. 5.45 16.98 9.95 32.38
---------------------------------------------------------------
Total Emissions............................. 16.86 58.66 39.97 115.49
----------------------------------------------------------------------------------------------------------------
Table 2--Delaware 2002 Base Year NOX Emissions
----------------------------------------------------------------------------------------------------------------
Source sector Kent New Castle Sussex State total
----------------------------------------------------------------------------------------------------------------
Point........................................... 5.06 44.09 24.95 74.10
Stationary Area................................. 0.45 1.95 0.77 3.17
Non-Road Mobile................................. 15.02 24.62 13.15 52.79
On-Road Mobile.................................. 13.97 36.56 18.50 69.03
---------------------------------------------------------------
Total Emissions............................. 34.50 107.22 57.37 199.09
----------------------------------------------------------------------------------------------------------------
[[Page 2454]]
B. Adjusted Base Year Inventory and 2008 RFP Target Levels
The process for determining the emissions baseline from which the
RFP reductions are calculated, is described in section 182(b)(1) of the
CAA and 40 CFR 51.910. This baseline value has been determined to be
the 2002 adjusted base year inventory. Sections 182(b)(1)(B) and (D)
require the exclusion from the base year inventory of emissions
benefits resulting from the Federal Motor Vehicle Control Program
(FMVCP) regulations promulgated by January 1, 1990, and the Reid Vapor
Pressure (RVP) regulations promulgated June 11, 1990 (55 FR 23666). The
FMVCP and RVP emissions reductions are determined by the State using
EPA's on-road mobile source emissions modeling software, MOBILE6. The
FMVCP and RVP emission reductions are then removed from the base year
inventory by the State, resulting in an adjusted base year inventory.
The emission reductions needed to satisfy the RFP requirement are then
calculated from the adjusted base year inventory. These reductions are
then subtracted from the adjusted base year inventory to establish the
emissions target for the RFP milestone year (2008).
For moderate areas like the Philadelphia nonattainment area, the
CAA specifies a 15 percent reduction in ozone precursor emissions over
an initial six year period. In the Phase 2 rule, EPA interpreted this
requirement for areas that were also designated nonattainment and
classified as moderate or higher for the 1-hour ozone standard. Also in
the Phase 2 rule, EPA provided that an area classified as moderate or
higher that has the same boundaries as an area, or is entirely composed
of several areas or portions of areas, for which EPA fully approved a
15 percent plan for the 1-hour NAAQS, is considered to have met the
requirements of section 182(b)(1) of the CAA for the 8-hour NAAQS. In
this situation, a moderate nonattainment area is subject to RFP under
section 172(c)(2) of the CAA and shall submit, no later than 3 years
after designation for the 8-hour NAAQS, a SIP revision that meets the
requirements of 40 CFR 51.910(b)(2). The RFP SIP revision must provide
for a 15 percent emission reduction (either NOX and/or VOC)
accounting for any growth that occurs during the six year period
following the baseline emissions inventory year, that is, 2002-2008.
The sections 182 and 172 requirements differ in that section 182(b)(1)
specifies that it must be a 15 percent VOC reduction, where section
172(c)(2) provides that the 15 percent reduction can be either a VOC
and/or NOX reduction.
According to EPA's Phase 2 rule, Delaware must achieve 15 percent
VOC emission reduction in Sussex County from its 2002 baseline level,
and 15 percent VOC and/or NOX emission reduction in Kent and
New Castle Counties from their combined 2002 baseline level before the
end of 2008.
According to section 182(b)(1)(D) of the CAA, emission reductions
that resulted from the FMVCP and RVP rules promulgated prior to 1990
are not creditable for achieving RFP emission reductions. Therefore,
the 2002 base year inventory is adjusted by subtracting the VOC and
NOX emission reductions that are expected to occur between
2002 and the future milestone years due to the FMVCP and RVP rules. The
FMVCP/RVP VOC and NOX emission reductions that are expected
to occur between 2002 and 2008 were determined using EPA's MOBILE6.2
model. The input and output files for MOBILE6.2 runs for the
adjustments, the emission factors generated, and the calculations for
emission projections are found in Appendix 4-1 of the Delaware SIP
submittal. The adjustments, in tpd, are presented in Table 3 for Sussex
County and Table 4 for Kent and New Castle Counties.
Table 3--Mobile Source FMVCP/RVP Adjustments for Sussex County
----------------------------------------------------------------------------------------------------------------
VOC NOX Note
----------------------------------------------------------------------------------------------------------------
Adjusted On-Road Mobile Source Emissions:
Adjusted for 2002..................... 16.66 20.24 A
Adjusted for 2008..................... 15.51 18.81 B2008
Mobile Source Adjustments for 2002
Baseline:
2002-2008............................. 1.15 1.42 C2008 = A-B2008
----------------------------------------------------------------------------------------------------------------
Table 4--Mobile Source FMVCP/RVP Adjustments for Kent and New Castle Counties
----------------------------------------------------------------------------------------------------------------
VOC NOX Note
----------------------------------------------------------------------------------------------------------------
Adjusted On-Road Mobile Source Emissions:
Adjusted for 2002..................... 42.16 56.02 a
Adjusted for 2008..................... 39.18 51.64 b2008
Mobile Source Adjustments for 2002
Baseline:
2002-2008............................. 2.98 4.38 c2008 = a-b2008
----------------------------------------------------------------------------------------------------------------
The mobile source adjustments in Tables 3 and 4 are the non-
creditable emission reductions due to the pre-1990 FMVCP and RVP rules.
Subtracting these adjustments from the 2002 base year emissions
inventory (i.e., the State total emissions in Tables 1 and 2) will give
the 2002 adjusted base year emissions inventory relative to the subject
milestone year, as presented in Table 5 for Sussex County and Table 6
for Kent and New Castle Counties.
Table 5--The 2002 Adjusted Base Year Emissions Inventory for Sussex County
----------------------------------------------------------------------------------------------------------------
VOC NOX Note
----------------------------------------------------------------------------------------------------------------
2002 Base Year Emissions Inventory........ 39.97 57.37 E
Mobile Source Adjustments for 2002-2008... 1.15 1.42 C2008
2002 Adjusted Baseline Relative to 2008... 38.82 55.95 F2008 = E-C2008
----------------------------------------------------------------------------------------------------------------
[[Page 2455]]
Table 6--The 2002 Adjusted Base Year Emissions Inventory for Kent and New Castle Counties
----------------------------------------------------------------------------------------------------------------
VOC NOX Note
----------------------------------------------------------------------------------------------------------------
2002 Base Year Emissions Inventory........ 75.52 141.72 e
Mobile Source Adjustments for 2002-2008... 2.98 4.38 c2008
2002 Adjusted Baseline Relative to 2008... 72.54 137.34 f2008 = e-c2008
----------------------------------------------------------------------------------------------------------------
By the end of 2008, Delaware is required to reduce 15 percent in
its 2002 adjusted base year emissions inventory. According to the Phase
2 rule, Sussex County must achieve this 15 percent reduction in its VOC
emission, since it did not have a 15 percent VOC rate-of-progress plan
approved by EPA under the 1-hour ozone standard. For Kent and New
Castle Counties, their 15 percent emission reductions can be achieved
form VOC emissions and/or from NOX emissions.
The 15 percent VOC emission reduction and emission target in 2008
in Sussex County are calculated as follows:
Sussex 2002 adjusted VOC baseline relative to 2008 is 38.82 tpd.
Required 15 percent emission reduction: 38.82 x 15 percent = 5.82 tpd.
2008 VOC emission target: 38.83 - 5.82 = 33.00 tpd.
The 15 percent VOC emission reduction and emission target in 2008
in Kent and New Castle Counties are calculated as follows:
Kent/New Castle 2002 adjusted VOC baseline relative to 2008 is 72.54
tpd.
Required 15 percent emission reduction: 72.54 x 15 percent = 10.88 tpd.
2008 VOC emission target: 72.54 - 10.88 = 61.66 tpd.
C. Control Measures and Emission Reductions for RFP
The only post-2002 point source VOC control in Sussex County is
Regulation No. 24, Section 46, Control of Crude Oil Lightering
Operations. Since there will be no new VOC controls for point sources,
non-point source sector, and non-road mobile source sector for VOC
emissions between 2008 and 2009, Delaware's 2008 emission reductions
and projections are estimated by interpolating the 2002 base year
emissions and the 2009 projections. Kent and New Castle Counties
applied for and obtained total VOC and NOX emission
reductions from facility/unit shutdown or modification. The 2008 on-
road mobile source VOC emissions were projected using EPA's MOBILE6.2
for obtaining factors and the Peninsula Travel Demand Model (PTDM) for
predicting future vehicle miles traveled (VMT). Tables 7 and 8
summarize the total 2008 VOC emission projections, in tpd, for the RFP
requirements for Sussex County and Kent/New Castle Counties,
respectively.
Table 7--Sussex County Total VOC Emission Projection
[tpd]
------------------------------------------------------------------------
------------------------------------------------------------------------
Point Source Sector............................................ 10.71
Area Source Sector............................................. 6.32
Non-Road Mobile Sector......................................... 8.01
On-Road Mobile Sector.......................................... 7.09
--------
Total 2008 Emission Projection............................. 32.13
------------------------------------------------------------------------
The total VOC emission projection meets the 2008 emission target
under the 15 percent RFP requirements (33.00 tpd). Therefore, the 2008
RFP in Sussex County is demonstrated.
Table 8--Kent and New Castle Counties Total VOC Emission Projection
[tpd]
------------------------------------------------------------------------
------------------------------------------------------------------------
Point Source Sector............................................ 10.51
Area Source Sector............................................. 21.64
Non-Road Mobile Sector......................................... 13.81
On-Road Mobile Sector.......................................... 14.75
--------
Total 2008 Emission Projection............................. 60.71
------------------------------------------------------------------------
The total VOC emission projection meets the 2008 emission target
under the 15 percent RFP requirements (61.66 tpd). Therefore, the 2008
RFP in Kent and New Castle Counties is demonstrated.
D. Contingency Measures
The CAA requires States with nonattainment areas to implement
specific control measures if the area fails to make reasonable further
progress. This CAA provision is a requirement for States with moderate
and above ozone nonattainment areas to include sufficient contingency
measures in their RFP so that, upon implementation of such measures,
additional emission reductions of at least 3 percent of the adjusted
2002 baseline emissions would be achieved. Under the same provision of
the CAA, EPA also requires that the contingency measures must be fully
adopted control measures or rules, so that upon failure to meet
milestone requirements, the contingency measures can be implemented
without any further rulemaking activities by the States and/or EPA. For
more information on contingency measures, see the April 16, 1992
General Preamble (57 FR 13512) and the November 29, 2005 Phase 2 8-hour
ozone implementation rule (70 FR 71612).
To meet the requirements for contingency emission reductions, EPA
allows States to use NOX emission reductions to substitute
for VOC emission reductions in their contingency plans. The condition
set forth by EPA for NOX substitution is that States must
achieve a minimum of 0.3 VOC reductions of the total 3 percent
contingency reduction, and the remaining 2.7 percent reduction can be
achieved through NOX emission controls. Delaware included
both VOC and NOX emission controls as contingency measures
in this 8-hour ozone RFP.
Based on the CAA and EPA requirements on contingency measures, the
contingency VOC reduction for Delaware for the 2008 milestone year is
as follows: the 2002 VOC baseline (statewide) adjusted to 2008 (see
Tables 6 and 7 in this document) is 111.36 tpd, therefore, contingency
VOC emission reduction in 2008 is 111.36 multiplied by 3 percent = 3.34
tpd.
Analysis in Chapter 5.5, page 29 of the Delaware SIP, indicates
that the three counties in Delaware will have a VOC emission reduction
surplus of 1.82 tpd in 2008 [i.e., (33.00 + 61.66) - (32.13 + 60.71) =
(94.66 - 92.84) = 1.82]. Therefore there is 3.34 - 1.82 = 1.52 tpd
contingency VOC reduction shortfall in 2008.
Delaware's 2002 VOC-to-NOX baseline (with respect to
2008) ratio is (38.82 + 72.54): (55.95 + 137.34) = 111.36:193.29 =
1:1.74 (Section 4, Tables 4-3 and 4-4 in the Delaware SIP). Therefore,
the contingency VOC reduction shortfall is equivalent to 1.52 x 1.74 =
2.64 tpd NOX reduction shortfall.
Delaware has implemented numerous controls leading to
NOX reductions in 2008 that are greater than the identified
2.64 contingency shortfall (see subsections 5.4 and 6.4 of the Delaware
SIP). Therefore, there is no need to specify additional contingency
measures for the 2008 milestone year.
[[Page 2456]]
E. RACM Analysis
Pursuant to section 172(c)(1) of the CAA, States are required to
implement all RACM as expeditiously as practicable. Specifically,
section 172(c)(1) states the following: ``In general--Such plan
provisions shall provide for the implementation of all reasonably
available control measures as expeditiously as practicable (including
such reductions in emissions from existing sources in the area as may
be obtained through the adoption, at a minimum, of reasonably available
control technology) and shall provide for attainment of the national
primary ambient air quality standards.''
Furthermore, in EPA's Phase 2 rule, EPA describes how States must
include with their attainment demonstration a RACM analysis (70 FR
71659). The purpose of the RACM analysis is to determine whether or not
reasonably available control measures exist that would advance the
attainment date for nonattainment areas. Control measures that would
advance the attainment date are considered RACM and must be included in
the SIP. RACM are necessary to ensure that the attainment date is
achieved ``as expeditious as practicable.''
Control measures under RACT constitute a major group of RACM
control measures for stationary sources. To meet the CAA's RACT
requirements under the 8-hour ozone standard, Delaware submitted a RACT
SIP revision on October 2, 2006, which certifies that all relevant RACT
controls have been implemented in Delaware for attaining the 8-hour
ozone standard. EPA approved Delaware's 8-hour RACT SIP revision on
July 23, 2008 (73 FR 42681). On May 2, 2007, Delaware submitted a new
VOC control from crude oil lightering operations. EPA approved this
rule on September 13, 2007 (72 FR 52285). In addition to those RACT
control measures, Delaware adopted a number of other VOC and
NOX RACM measures. These measures include the tightening of
Delaware's Open Burning Regulation, Control of Stationary Generator
Emissions, restrictions on Excessive Idling of Heavy Duty Vehicles,
Control of Stationary Combustion Turbine Emissions, and the Brandywine
School Districts Clean School Bus USA grant, and voluntary and
mandatory Ozone Action Day initiatives. There are no additional RACM
measures or group of RACM measures that Delaware could adopt to advance
the attainment date from 2009 to 2008, therefore Delaware has met the
RACM requirements of the CAA.
F. Transportation Conformity Budgets
Section 176 of the CAA requires that highway transportation
activities in ozone nonattainment areas must: (1) Establish in their
SIP, mobile source VOC and NOX emission budgets for each of
the milestone years up to the attainment year and submit the mobile
budgets to EPA for approval; (2) upon adequacy determination or
approval of EPA, States must conduct transportation conformity analysis
for their Transportation Improvement Programs (TIPs) and long range
transportation plans to ensure highway vehicle emissions will not
exceed relevant mobile budgets; and (3) failure of demonstrating such
transportation conformity lapses resulting in freezing of Federal
highway funds and all Federal highway projects in the lapsed area.
The mobile emission budgets for 2008 RFP milestone are based on the
projected 2008 mobile source emissions, accounting for all relevant
mobile source controls including all Federal controls and Delaware
specific controls. The 2008 mobile emissions are projected using EPA's
MOBILE6.2 for obtaining emission factors and the ``Peninsula Travel
Demand Model'' for predicting future VMT. Table 9 is a summary of the
2008 VOC and NOX motor vehicle emissions budgets for the
three counties in Delaware.
Table 9--Motor Vehicle Emission Budgets for 2008
----------------------------------------------------------------------------------------------------------------
2008 Emissions (tpd)
County FIPS -------------------------------
VOC NOX
----------------------------------------------------------------------------------------------------------------
Kent............................................................ 10001 4.14 9.68
New Castle...................................................... 10003 10.61 21.35
Sussex.......................................................... 10005 7.09 12.86
-----------------------------------------------
State Total................................................. .............. 21.84 43.89
----------------------------------------------------------------------------------------------------------------
On March 21, 2008, EPA posted the availability of these budgets for
Delaware on EPA's conformity Web site for the purpose of soliciting
public comments. The public comment period closed on April 21, 2008 and
no comments were received. On December 19, 2008 (73 FR 77682), EPA
published a notice of adequacy for the Delaware 2008 RFP MVEBs. In this
notice, EPA found that Delaware's RFP MVEBs are adequate for
transportation conformity purposes. As a result of EPA's finding,
Delaware shall use the MVEBs from the June 13, 2007 RFP plan for future
conformity determinations for the 8-hour standard.
IV. What Are EPA's Conclusions?
EPA is proposing approval of the Delaware's SIP revision to meet
the RFP requirements of the CAA for the Delaware portion of the
Philadelphia 1997 8-hour ozone moderate nonattainment area. EPA is also
proposing approval of the RFP MVEBs, the 2002 base year emissions
inventory, contingency measures, and RACM analysis associated with this
revision. EPA is proposing approval of the SIP revision because it
satisfies RFP, emissions inventory, RFP transportation conformity,
contingency measures, and RACM requirements for the 1997 8-hour ozone
nonattainment areas classified as moderate and demonstrates further
progress in reducing ozone precursors.
V. What Are Statutory and Executive Order Reviews?
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, 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. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under
[[Page 2457]]
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 (Pub. L. 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 proposed rule pertaining to Delaware's RFP Plan,
2002 base year emissions inventory, contingency measures, RACM
analysis, and transportation conformity budgets, 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 6, 2010.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2010-745 Filed 1-14-10; 8:45 am]
BILLING CODE 6560-50-P
