[Federal Register Volume 77, Number 223 (Monday, November 19, 2012)]
[Proposed Rules]
[Pages 69399-69409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28091]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2010-0141; FRL-9752-8]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Attainment Plan for the Philadelphia-Wilmington,
Pennsylvania-New Jersey-Delaware 1997 Fine Particulate Matter
Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by Delaware on April 3, 2008, as amended on April
25, 2012. The SIP revision demonstrates attainment of the 1997 annual
fine particulate matter (PM2.5) national ambient air quality
standard (NAAQS) for the Philadelphia-Wilmington, Pennsylvania-New
Jersey-Delaware (PA-NJ-DE) nonattainment area (Philadelphia Area). This
Delaware SIP revision (herein called the ``attainment plan'') includes
the Philadelphia Area's attainment demonstration and motor vehicle
emission budgets (MVEBs) used for transportation conformity purposes
for New Castle County in Delaware. The attainment plan also includes an
analysis of reasonably available control measures (RACM) and reasonably
available control technology (RACT), a base year emissions inventory,
and contingency measures. The April 25, 2012 submittal is a SIP
revision that replaces the MVEBs in the April 3, 2008 submittal with a
budget that is based on the Motor Vehicle Emissions Simulator (MOVES)
model. In a separate and concurrent process, EPA is conducting a
procedure to find adequate the MVEBs for New Castle County.
Furthermore, EPA has determined that a reasonable further progress
(RFP) plan is not required because Delaware projected that attainment
of the 1997 annual PM2.5 NAAQS occurred in the Philadelphia
Area by the attainment date of April 2010. This action is being taken
in accordance with the Clean Air Act (CAA) and the Clean Air Fine
Particulate Implementation Rule (PM2.5 Implementation Rule)
published on April 25, 2007.
DATES: Written comments must be received on or before December 19,
2012.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0141 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: [email protected].
C. Mail: EPA-R03-OAR-2010-0141, Donna Mastro, Acting Associate
Director, Office of Air Planning Program, 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-
2010-0141. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is
[[Page 69400]]
not publicly available, i.e., CBI or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in www.regulations.gov or in hard copy
during normal business hours at the Air Protection Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. Copies of the State submittal are
available at the Delaware Department of Natural Resources and
Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware
19903.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by
email at [email protected].
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 preamble.
I. Summary of Action
II. Background
A. Designation History
B. Clean Air Fine Particle Implementation Rule
C. Determinations of Attainment
III. Description of the Delaware Attainment Plan
IV. EPA's Analysis
A. Attainment Demonstration
1. Pollutants Addressed
2. Emission Inventory Requirements
3. Modeling
4. Reasonably Available Control Measures/Reasonably Available
Control Technology
5. Reasonable Further Progress
6. Contingency Measures
7. Attainment Date
B. Motor Vehicle Emissions Budgets (MVEBs)
V. Proposed Action
VI. Statutory and Executive Order Reviews
I. Summary of Action
EPA is proposing to approve Delaware's SIP revision which was
submitted by the State of Delaware through the Delaware Department of
Natural Resources and Environmental Control (DNREC) to EPA on April 3,
2008, as amended on April 25, 2012, which demonstrates attainment of
the 1997 annual PM2.5 NAAQS for the Philadelphia Area. This
PM2.5 attainment plan includes Delaware's attainment
demonstration and MVEBs used for transportation conformity purposes for
New Castle County in Delaware. The April 25, 2012 SIP revision
submittal (1) replaced the onroad emissions budget in the April 3, 2008
submittal with a budget that is based on a new onroad mobile emissions
model--MOVES model; (2) demonstrated that the MOVES based mobile source
budget is consistent with attainment of the PM2.5 NAAQS by
2010; and (3) demonstrated that the contingency requirements of the CAA
are met. The April 25, 2012 submittal only impacts PM2.5 and
nitrogen oxide (NOX) emissions and calculations.
The attainment plan also includes a base year emissions inventory,
an analysis of RACM/RACT, and contingency measures. EPA has determined
that a RFP plan is not required because Delaware demonstrated that
attainment with the 1997 annual PM2.5 NAAQS occurred in the
Philadelphia Area by the attainment date of April 2010.
In a separate and concurrent process, EPA is conducting a process
to find adequate the MVEBs for New Castle County which are associated
with the Delaware attainment demonstration for the Philadelphia Area.
Concurrently with EPA's proposal to approve the SIP, a notice will be
posted on EPA's Web site at http://www.epa.gov/otaq/stateresources/transconf/currsips.htm for the purpose of opening a 30-day public
comment period on the adequacy of the MVEBs for New Castle County in
the April 25, 2012 SIP revision's attainment demonstration for the
Philadelphia Area. That notice will inform the public of the
availability of the Delaware SIP revision on DNREC's Web site.
Interested members of the public could access Delaware's April 25, 2012
SIP revision on line at www.regulations.gov, Docket No. EPA-R03-OAR-
2010-0141. Following EPA's public comment period, responses to any
comments received will be addressed. EPA has reviewed the revised MVEBs
developed with MOVES and found them consistent with the attainment
demonstration and found that the budgets meet the criteria for adequacy
and approval.
EPA has determined that Delaware's PM2.5 attainment plan
meets the applicable requirements of the CAA, as described in the
PM2.5 Implementation Rule published on April 25, 2007 (72 FR
20586). EPA's analysis and findings are discussed in this proposed
rulemaking. In addition, technical support documents (TSDs) for this
proposal are available on line at www.regulations.gov, Docket No. EPA-
R03-OAR-2010-0141. These TSDs provide additional explanation of EPA's
analysis supporting this proposal.
II. Background
A. Designation History
On July 16, 1997, EPA established the 1997 PM2.5 NAAQS,
including an annual standard of 15.0 micrograms per cubic meter
([micro]g/m\3\) based on a 3-year average of annual mean
PM2.5 concentrations and a 24-hour (or daily) standard of 65
[micro]g/m\3\ based on a 3-year average of the 98th percentile of 24-
hour concentrations. See 62 FR 38652 (July 18, 1997). EPA established
these standards based on significant evidence and numerous health
studies demonstrating that serious health effects are associated with
exposures to PM2.5.
Following promulgation of a new or revised NAAQS, EPA is required
by the CAA to designate areas throughout the United States as attaining
or not attaining the NAAQS; this designation process is described in
section 107(d)(1) of the CAA. In 1999, EPA and state air quality
agencies initiated the monitoring process for the 1997 PM2.5
NAAQS and by January 2001, established a complete set of air quality
monitors. On January 5, 2005 (70 FR 944), EPA promulgated initial air
quality designations for the 1997 PM2.5 NAAQS, which became
effective on April 5, 2005, based on air quality monitoring data for
calendar years 2001-2003.
On April 14, 2005 (70 FR 19844), EPA promulgated a supplemental
rule amending EPA's initial designations, with the same effective date
(April 5, 2005) as 70 FR 944. As a result of this supplemental rule,
PM2.5 nonattainment designations are in effect for 39 areas,
comprising 208 counties within 20 states (and the District of Columbia)
nationwide, with a combined population of about 88 million. The
Philadelphia Area which includes New Castle County in Delaware is in
the list of areas not attaining the 1997 annual PM2.5 NAAQS.
It should be noted that on November 13, 2009 (74 FR 58688), EPA
relabeled the existing designation tables in 40 CFR 81.308 to clarify
the 1997 designations for the 24-hour PM2.5 NAAQS. The
designation for New Castle County was clarified as unclassifiable/
attainment for the 1997 24-hour PM2.5 NAAQS.
B. Clean Air Fine Particle Implementation Rule
The PM2.5 Implementation Rule describes the CAA
framework and requirements for developing SIPs for areas designated
nonattainment for the 1997 PM2.5 NAAQS. An attainment plan
must include a demonstration that a nonattainment area will meet the
applicable NAAQS within the
[[Page 69401]]
timeframe provided in the statute. This demonstration must include
modeling (40 CFR 51.1007) that is performed in accordance with EPA
modeling guidance (EPA-454/B-07-002, April 2007). It must also include
supporting technical analyses and descriptions of all relevant adopted
Federal, state, and local regulations and control measures that have
been adopted in order to provide attainment of the 1997
PM2.5 NAAQS by the proposed attainment date.
For the 1997 PM2.5 NAAQS, an attainment plan must show
that a nonattainment area will attain the 1997 PM2.5 NAAQS
as expeditiously as practicable, but within five years of designation
(i.e. attainment date of April 2010 based on air quality data for 2007-
2009). If the area is not expected to meet the NAAQS by April 2010, a
state may request to extend the attainment date by one to five years
based upon the severity of the nonattainment problem or the feasibility
of implementing control measures (section 172(a)(2) of the CAA) in the
specific area.
For each nonattainment area, the state must demonstrate that it has
adopted all RACM, including all RACT for the appropriate emissions
sources, needed to provide for attainment of the PM2.5
standards in the specific nonattainment area ``as expeditiously as
practicable.'' The PM2.5 Implementation Rule provided
guidance for making these RACM/RACT determinations (see section IV.A.4
of this notice). Any measures that are necessary to meet these
requirements that are not already Federally promulgated or in an EPA-
approved part of the state's SIP must be submitted as part of a state's
attainment plan. Any state measures must meet the applicable statutory
and regulatory requirements, and in particular, must be enforceable.
The PM2.5 Implementation Rule also included guidance on
pollutants that states must address in their attainment plans. Section
302(g) of the CAA authorizes EPA to regulate criteria pollutants and
their precursors. In the case of PM2.5, the main chemical
precursors are sulfur dioxide (SO2), NOX, ammonia
(NH3), and volatile organic compounds (VOCs). The effect of
reducing emissions of precursor pollutants that contribute to
PM2.5 concentrations varies by area, however, depending on
PM2.5 composition, emission levels, and other area-specific
factors. For this reason, the PM2.5 Implementation Rule
provided guidance recommending that states elect to control direct
PM2.5 emissions and the precursor or precursors that would
be most effective for attaining the NAAQS within the specific area,
based upon an appropriate technical demonstration.
In accordance with the PM2.5 Implementation Rule, direct
PM2.5 emissions means ``solid particles emitted directly
from an air emissions source or activity, or gaseous emissions or
liquid droplets from an air emissions source or activity which condense
to form particulate matter at ambient temperatures. Direct
PM2.5 emissions include elemental carbon, directly emitted
organic carbon (OC), directly emitted sulfate (SO4),
directly emitted nitrate (NO3), and other inorganic
particles (including but not limited to crustal material, metals, and
sea salt).''
The PM2.5 Implementation Rule requires all states to
address SO2 as a PM2.5 precursor and to evaluate
SO2 for possible control measures in all PM2.5
nonattainment areas. States are required to address NOX as a
PM2.5 precursor and evaluate reasonable controls for
NOX in all PM2.5 attainment plans, unless the
state and EPA make a finding that NOX emissions from sources
in the state do not significantly contribute to PM2.5
concentrations in the relevant nonattainment area.
Although current scientific information shows that certain VOC
emissions are precursors to the formation of secondary organic aerosol,
and significant progress has been made in understanding the role of
gaseous organic material in the formation of organic particulate matter
(PM), this relationship remains complex. Further research and technical
tools are needed to better characterize emissions inventories for
specific VOC compounds and to determine the extent of the contribution
of specific VOC compounds to organic PM mass. Because of these factors,
the PM2.5 Implementation Rule did not require states to
address VOCs as PM2.5 attainment plan precursors and
evaluate them for control measures, unless the state or EPA made a
finding that VOCs significantly contribute to a PM2.5
nonattainment problem in the specific area or to other downwind air
quality concerns.
The PM2.5 Implementation Rule also describes the
formation of particles related to NH3 emissions, which is a
complex, nonlinear process. Though recent studies have improved our
understanding of the role of NH3 in aerosol formation,
ongoing research is needed to better describe the relationships between
NH3 emissions, PM concentrations, and related impacts. Also,
area-specific data is needed to evaluate the effectiveness of reducing
NH3 emissions on reducing PM2.5 concentrations in
different areas, and to determine where NH3 decreases may
increase the acidity of particles and precipitation. For these reasons,
in the PM2.5 Implementation Rule, NH3 is presumed
not to be a PM2.5 attainment plan precursor, meaning that
the state is not required to address NH3 in its attainment
plan or evaluate sources of NH3 emissions for reduction
measures, unless the state or EPA makes a finding that NH3
significantly contributes to a PM2.5 nonattainment problem
in the area or to other downwind air quality concerns.
The presumptive inclusion of NOX and the presumptive
exclusion of VOC and NH3 as precursors can be reversed based
on an acceptable technical demonstration for a particular nonattainment
area by the state or EPA. Such a demonstration should include
information from multiple sources, including results of speciation data
analyses, air quality modeling studies, chemical tracer studies,
emission inventories, or special intensive measurement studies to
evaluate specific atmospheric chemistry in an area. See the
PM2.5 Implementation Rule for more information.
The PM2.5 Implementation Rule also provided guidance for
the other elements of a state's attainment plan, including, but not
limited to, emission inventories, contingency measures, and MVEBs used
for transportation conformity purposes. There are, however, three
aspects of the PM2.5 Implementation Rule for which EPA
received petitions requesting reconsideration. These pertain to the
presumption or advance determination that compliance with the
requirements of the Clean Air Interstate Rule (CAIR) automatically
satisfies the requirements for RACT or RACM for NOX or
SO2 emissions from electric generating unit (EGU) sources
participating in regional cap and trade programs; the suggestion in the
preamble that the economic feasibility element of a RACT determination
for EGUs should include consideration of whether the cost of a measure
is reasonable in light of the benefits; and the policy described in the
preamble of allowing certain emissions reductions from outside the
nonattainment area to be credited as meeting the RFP requirement. EPA
has granted these petitions. The Delaware attainment plan for the
Philadelphia Area does not rely on any of these aspects of the rule.\1\
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\1\ While Delaware listed CAIR as a control measure in its
discussion of RACM/RACT, Delaware's determination of RACM/RACT did
not solely depend on CAIR as RACT. See Appendix 7-1 of Delaware's
April 3, 2008 Attainment Plan.
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[[Page 69402]]
With regard to CAIR, EPA published this rule on May 12, 2005 (70 FR
25162) to address the interstate transport requirements of the CAA with
respect to the 1997 ozone and 1997 PM2.5 NAAQS. As
originally promulgated, CAIR required significant reductions in
emissions of SO2 and NOX to limit the interstate
transport of these pollutants. In 2008, however, the Court of Appeals
for the District of Columbia Circuit (``the Court'') remanded CAIR back
to EPA. See North Carolina v. EPA, 550 F.3d 1176 (D.C. Cir. 2008). The
Court had previously found CAIR to be inconsistent with the
requirements of the CAA, North Carolina v. EPA, 531 F.3d 896 (D.C. Cir.
2008), but ultimately remanded the rule to EPA without vacatur because
it found that ``allowing CAIR to remain in effect until it is replaced
by a rule consistent with [the Court's] opinion would at least
temporarily preserve the environmental values covered by CAIR.'' See
North Carolina v. EPA, 550 F.3d at 1178. CAIR thus remained in place
following the remand, and was in place and enforceable through the
April 5, 2010 attainment date.
In response to the Court's decision, EPA issued a new rule to
address interstate transport of NOX and SO2 in
the eastern United States (i.e., the Transport Rule, also known as the
Cross-State Air Pollution Rule). See 76 FR 48208 (August 8, 2011). In
the Transport Rule, EPA finalized regulatory changes to sunset (i.e.,
discontinue) CAIR and the CAIR Federal Implementation Plans (FIPs) for
control periods in 2012 and beyond. See 76 FR 48322.
The recent Court decision on the Transport Rule, EME Homer City
Generation, L.P. v. EPA, No. 11-1302 (D.C. Cir., August 21, 2012) \2\
does not disturb EPA's determination that it is appropriate to move
forward with this proposed action. This action proposes to approve an
attainment plan that demonstrated that the Philadelphia Area would
attain the 1997 annual PM2.5 NAAQS by 2010, which it did, as
discussed in section II.C of this notice. The air quality analysis
conducted for the Transport Rule demonstrates that the Philadelphia
Area would be able to attain the 1997 annual PM2.5 NAAQS
even in the absence of CAIR or the Transport Rule. See Appendix B to
the Air Quality Modeling Final Rule Technical Support Document for the
Transport Rule. Nothing in the D.C. Circuit's August 2012 decision
disturbs or calls into question that conclusion or the validity of the
air quality analysis on which it is based. More importantly, the
Transport Rule is not relevant to this action. The Transport Rule only
addresses emissions in 2012 and beyond. As such, neither the Transport
Rule itself, nor the vacatur of the Transport Rule, is relevant to the
question addressed in this proposal notice. The purpose of this action
is to determine whether the attainment plan submitted by Delaware is
sufficient to bring the Philadelphia Area into attainment by the April
2010 attainment date, a date before the Transport Rule was even
promulgated.
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\2\ The Court's judgment is not final at this time as the
mandate has not yet issued.
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Similarly, the status of CAIR after the April 2010 attainment date
is also not relevant to this action. While the air quality monitoring
data that shows the Philadelphia Area attained the 1997 annual
PM2.5 NAAQS by the April 2010 attainment deadline was
impacted by CAIR, CAIR was in place and enforceable through the 2010
attainment date that is relevant to this attainment plan. CAIR was an
enforceable control measure applicable to affected sources in the area,
as well as sources throughout the Eastern United States. As such, the
current status of CAIR is irrelevant to and does not impact our
conclusion that the attainment plan should be approved. Moreover, in
its August 2012 decision, the Court also ordered EPA to continue
implementing CAIR. See EME Homer City, slip op. at 60. For these
reasons, neither the current status of CAIR nor the current status of
the Transport Rule affects any of the criteria for proposed approval of
this SIP revision.
C. Determinations of Attainment
EPA makes two different types of attainment determinations for
nonattainment areas. The first, a Determination of Attainment by the
attainment date, is a determination of whether the area attained the
NAAQS as of the area's applicable attainment deadline, which, for
PM2.5, is required by section 179(c) of the CAA. The second
is a Determination of Attainment for purposes of suspending a state's
obligation to submit certain attainment-related planning SIP
requirements (i.e., the Clean Data Determinations for
PM2.5). See 40 CFR 51.1004(c). A Clean Data Determination
and the suspension of the planning requirements continue for as long as
the area continues to attain the NAAQS.
(1) Determination of Attainment by the Area's Attainment Date
In accordance with section 179(c) of the CAA, EPA determined on May
16, 2012 (77 FR 28782) that the Philadelphia Area attained the 1997
annual PM2.5 NAAQS by its required attainment date of April
5, 2010. This determination was based on complete, quality-assured,
quality-controlled, and certified ambient air monitoring data for 2007-
2009 as well as the 2008-2010 monitoring periods. See 40 CFR
51.1004(c).
(2) Clean Data Determination
On May 16, 2012 (77 FR 28782), EPA also determined that the
Philadelphia Area has attained the 1997 annual PM2.5 NAAQS
and remains in attainment. The determination was based on complete,
quality-assured, quality-controlled, and certified ambient air
monitoring data for the 2007-2009 and the 2008-2010 monitoring periods.
See 40 CFR 51.1004(c).
III. Description of the Delaware Attainment Plan
In accordance with section 172(c) of the CAA and the PM2.5
Implementation Rule, the attainment plan submitted on April 3, 2008 and
amended on April 25, 2012 by DNREC for the Philadelphia Area included
Delaware's attainment demonstration, MVEBs used for transportation
conformity purposes for New Castle County in Delaware, a base year
emissions inventory, a RACM/RACT analysis and contingency measures.
To analyze future year emissions reductions and air quality
improvements, Delaware used local, regional, and national modeling
analyses that have been developed to support Federal and local emission
reduction programs. This modeling was performed in accordance with
EPA's ``Guidance on the Use of Models and Other Analyses for
Determining Attainment of Air Quality Goals for Ozone, PM2.5, and
Regional Haze'' (EPA-454/B-07-002, April 2007).
IV. EPA's Analysis
A. Attainment Demonstration
1. Pollutants Addressed
In accordance with policies described in the PM2.5
Implementation Rule, Delaware's PM2.5 attainment plan
evaluates emissions of direct PM2.5, SO2, and
NOX in the Philadelphia Area. With regard to evaluation of
PM2.5 precursors, the PM2.5 Implementation Rule
requires that SO2 be evaluated for controls in all
nonattainment areas, and describes general presumptive policies for
NOX, NH3, and VOCs. For NOX, states
are required to address NOX as a PM2.5 attainment
plan precursor and evaluate reasonable controls for NOX in
PM2.5 attainment plans, unless the state makes
[[Page 69403]]
a finding that NOX emissions in the state do not
significantly contribute to PM2.5 concentrations in the
area. For NH3, because of uncertainties regarding
NH3 emission inventories and the efficacy of ammonia control
technologies, the final rule sets forth the presumption that
NH3 is not a PM2.5 precursor and that states are
not required to address NH3 in their attainment plan.
Similarly, VOC emissions are presumed not to be an attainment plan
precursor because of uncertainties regarding the role of VOC in
secondary organic aerosol formation. Delaware's attainment plan does
not reverse any of these presumptions.
2. Emissions Inventory Requirements
States are required under section 172(c)(3) of the CAA to develop
emissions inventories of point, area, onroad mobile, and nonroad mobile
sources for their attainment demonstrations. These inventories provide
a detailed accounting of all emissions and emission sources by
precursor or pollutant. In addition, inventories are used to model air
quality to demonstrate attainment of the 1997 PM2.5 NAAQS as
expeditiously as practicable, and, if an attainment extension beyond
2010 is needed, to support the need for such an extension. Emissions
inventory guidance was provided in the April 1999 document ``Emissions
Inventory Guidance for Implementation of Ozone and Particulate Matter
NAAQS and Regional Haze Regulations,'' (EPA-454/R-99-006), which was
updated in November 2005 (EPA-454/R-05-001). Emissions reporting
requirements were provided in the 2002 Consolidated Emissions Reporting
Rule (CERR) (67 FR 39602). On December 17, 2008 (73 FR 76539), EPA
promulgated the Air Emissions Reporting Requirements (AERR) to update
emissions reporting requirements in the CERR, and to harmonize,
consolidate and simplify data reporting by states. In accordance with
the AERR and the November 2005 guidance, the PM2.5
Implementation Rule required states to submit inventory information on
directly emitted PM2.5 and PM2.5 precursors and
any additional inventory information needed to support an attainment
demonstration.
PM2.5 is comprised of filterable and condensable
emissions. Condensable particulate matter (CPM) can comprise a
significant percentage of direct PM2.5 emissions from
certain sources, and are required to be included in national emission
inventories based on emission factors. Test Methods 201A and 202 are
available for source-specific measurement of condensable emissions.
However, the PM2.5 Implementation Rule acknowledged that
there were issues and concerns related to availability and
implementation of these test methods as well as uncertainties in
existing data for condensable PM2.5. In recognition of these
concerns, EPA established a transition period during which EPA could
assess possible revisions to available test methods and allow time for
states to update emissions inventories as needed to address direct
PM2.5, including condensable emissions. Because of the time
required for this assessment, EPA recognized that states would be
limited in how to effectively address CPM emissions, and established a
period of transition, up to January 1, 2011, during which state
attainment demonstration submissions for PM2.5 were not
required to address CPM emissions. Amendments to these test methods
were proposed on March 25, 2009 (74 FR 12970), and finalized on
December 21, 2010 (75 FR 80118). The amendments to Method 201A added a
particle-sizing device for PM2.5 sampling, and the
amendments to Method 202 revised the sample collection and recovery
procedures of the method to reduce the formation of reaction artifacts
that could lead to inaccurate measurements of CPM emissions.
The period of transition for establishing emissions limits for
condensable direct PM2.5 ended on January 1, 2011.
Attainment demonstration PM2.5 submissions made during the
transition period are not required to address CPM emissions; however,
states must address the control of direct PM2.5 emissions,
including condensable emissions, with any new action taken after
January 1, 2011. Delaware submitted the attainment plan prior to
January 1, 2011 and therefore, did not consider condensables.
On June 25, 2007, EarthJustice filed a petition requesting
reconsideration of EPA's transition period for CPM emissions provided
in the PM2.5 Implementation Rule. On April 25, 2011, EPA
denied EarthJustice's petition for reconsideration which allowed states
to continue to exclude CPM for Prevention of Significant Deterioration
(PSD) permitting during the transition period. Today's action reflects
a review of Delaware's submittal based on applicable EPA guidance as
described in the PM2.5 Implementation Rule.
The SIP base year inventory is the primary inventory from which
other inventories (3-year cycle inventories, RFP inventories, modeling
inventories) are derived. The CAA calls for state, local, and tribal
agencies to ensure that the base year inventory is comprehensive,
accurate, and current for all actual emissions (EPA-454/R-05-001). The
base year inventory includes emissions estimates from stationary point
and nonpoint sources, onroad mobile sources, and nonroad mobile
sources. For the PM2.5 NAAQS, the pollutants to be
inventoried are primary emissions (including condensables \3\) of
PM10 and PM2.5, and emissions of SO2,
NH3, VOC, and NOX, and are reported as actual
annual emissions. DNREC defines 2002 as the base year inventory
consistent with the PM2.5 Implementation Rule. The
pollutants inventoried for Delaware include PM10,
PM2.5, SO2, NH3, VOC, and
NOX. Information on the manmade sources of direct PM and its
potential precursors, SO2, NH3, VOC, and
NOX, was compiled for point, area, onroad and nonroad
sources.
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\3\ Although the PM2.5 Implementation Rule
established a transition period for including condensables for
attainment demonstration controls, reporting of condensables in the
emission inventories is still required.
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The stationary point source inventory represents facility-specific
data for Delaware's larger stationary sources. Point sources typically
include large industrial, commercial, and institutional facilities.
Manufacturing facilities, within the industrial sector, comprise the
majority of all reporting point sources. The institutional sector
includes hospitals, universities, prisons, military bases, landfills,
and wastewater treatment plants. Point source emissions data are
submitted to DNREC by the facilities using Terminal Server Satellite i-
STEPS software. i-STEPS is the point source emission inventory
electronic data management system.
Area sources represent a large and diverse set of individual
emission source categories. Emissions from area sources were estimated
at the county level. For the area sources, DNREC has provided an
inventory that contains estimations of emissions by multiplying an
emission factor by some known indicator or activity level for each
category at the county level. These emissions are calculated on an
annual basis. Various sources of emission factors or methodologies were
used, including EPA's AP-42; the Factor Information Retrieval System
(FIRE); EPA's Emissions Inventory Improvement Program, Volume III;
documented projects performed by the California Air Resource Board; and
projects performed by the Mid-Atlantic Regional Air Management
Association (MARAMA). Area source estimates were provided by source
classification code (SCC).
[[Page 69404]]
Highway vehicles, which include passenger cars and light-duty
trucks, other trucks, buses, and motorcycles, are represented by an
onroad mobile source emissions inventory that was developed using the
MOVES model and link-level vehicle miles traveled (VMT) data for each
county from the Delaware Department of Transportation (DelDOT). The
emission factors developed using MOVES were by month, using monthly
temperature and fuel property data. DNREC provided MOVES input and
output files for review. DNREC provided annual mobile emissions values
in tons per year (tpy).
Nonroad sources, which encompass a diverse collection of engines,
including, but not limited to, outdoor power equipment, recreational
vehicles, farm and construction machinery, lawn and garden equipment,
industrial equipment, recreational marine vessels, commercial marine
vessels, locomotives, ships, and aircraft were estimated using the EPA
NONROAD 2005 model. The emissions inventory for the base year, 2002,
was developed in accordance with EPA guidance, ``Emissions Inventory
Guidance for Implementation of Ozone and Particulate Matter National
Ambient Air Quality Standards and Regional Haze Regulations,'' EPA-454/
R-05-001, August 2005, updated November 2005. Tables 1, 2 and 3
summarize the emissions for 2002.
Table 1--2002 Annual Emissions by County (tpy)
----------------------------------------------------------------------------------------------------------------
County PM10 PM2.5 SO2 NOX NH3 VOC
----------------------------------------------------------------------------------------------------------------
Kent.......................................... 3991 1097 4062 10314 2841 5296
New Castle.................................... 8604 3430 50237 30748 1384 18062
Sussex........................................ 6758 2575 25552 16060 10057 10251
-----------------------------------------------------------------
Total..................................... 19353 7102 79852 57122 14284 33610
----------------------------------------------------------------------------------------------------------------
Table 2--2002 Statewide Annual Emissions (tpy)
----------------------------------------------------------------------------------------------------------------
Source sector PM10 PM2.5 SO2 NOX NH3 VOC
----------------------------------------------------------------------------------------------------------------
Point......................................... 3859 3161 73708 16372 179 4773
Area.......................................... 13870 2580 1330 2427 13194 10254
Onroad........................................ 581 415 584 21341 903 10564
Nonroad....................................... 1043 946 4230 16982 8 8019
-----------------------------------------------------------------
Total..................................... 19353 7102 79852 57122 14284 33610
----------------------------------------------------------------------------------------------------------------
Table 3--2002 New Castle County Annual Emissions (tpy)
----------------------------------------------------------------------------------------------------------------
Source sector PM10 PM2.5 SO2 NOX NH3 VOC
----------------------------------------------------------------------------------------------------------------
Point......................................... 2168 1733 47070 9157 118 2687
Area.......................................... 5674 1073 780 1513 710 6198
Onroad........................................ 304 209 326 11799 552 5762
Nonroad....................................... 458 415 2061 8279 4 3415
-----------------------------------------------------------------
Total..................................... 8604 3430 50237 30748 1384 18062
----------------------------------------------------------------------------------------------------------------
The review and evaluation of the methods used for the emissions
inventory submitted by Delaware are found in the attainment plan
submittal (section 3) and a TSD entitled ``Technical Support Document
for Emissions Inventories for the Delaware Nonattainment Area
PM2.5 SIP Base Year Inventory,'' dated June 16, 2010,
available on line at www.regulations.gov, Docket No. EPA-R03-OAR-2010-
0141. EPA is proposing to approve Delaware's 2002 base year emissions
inventory for the Philadelphia Area as meeting the requirements of
section 172(c)(3) of the CAA.
3. Modeling
All attainment demonstrations must include modeling that is
performed in accordance with EPA's ``Guidance on the Use of Models and
Other Analyses for Demonstrating Attainment of Air Quality Goals for
Ozone, PM2.5, and Regional Haze'' (EPA-454/B-07-002, April 2007). This
includes the photochemical modeling guidance which is divided into two
parts. One part describes how to use a photochemical grid model for
ozone and PM2.5, to assess whether an area will come into
attainment of the air quality standard. A second part describes how the
user should perform supplemental analyses, using various analytical
methods, to determine if the model over predicts, under predicts, or
accurately predicts the air quality improvement projected to occur by
the attainment date. The guidance indicates that states should review
these supplemental analyses, in combination with the modeling analysis,
in a ``weight of evidence'' assessment to determine whether each area
is likely to achieve timely attainment.
A description of how the attainment demonstration from the April 3,
2008 SIP revision addresses this EPA modeling guidance for a modeled
attainment demonstration can be found in the TSD entitled, ``Technical
Support Document for the Modeling and Weight of Evidence Potions of the
Delaware SIP for Attainment of the PM2.5 Annual NAAQS,''
dated June 15, 2010 (Attainment TSD), available on line at
www.regulations.gov, Docket number EPA-R03-OAR-2010-0141 and section 6
of the April 3, 2008 SIP revision submittal.
In the April 3, 2008 SIP revision submittal, the photochemical grid
model used projected emissions for 2009, including emission changes due
to regulations Delaware and its neighboring states were planning to
[[Page 69405]]
implement and expected growth by 2009. Meteorological conditions from
2002, the same as the base year modeling, were used in the projection
modeling for 2009. Using the base case meteorology allows the effect of
changes in states' emissions to be determined without being influenced
by yearly fluctuations in meteorology and is consistent with EPA
guidance.
The conceptual model (describes how weather patterns affect the
formation and transport of PM2.5, accounting for emissions
and photochemistry) for Delaware's attainment plan is described in a
document prepared by the Northeast States for Coordinated Air-Use
Management (NESCAUM) final report entitled, ``The Nature of the Fine
Particle and Regional Haze Air Quality Problems in the MANE-VU Region:
A Conceptual Description (2006).'' This document is consistent with
EPA's guidance and was prepared for use by the Ozone Transport
Commission (OTC) member states which provides the conceptual
description of PM2.5 issues in the OTC states. The OTC is a
multi-state organization consisting of the States of Connecticut,
Delaware, District of Columbia, Maine, Maryland, Massachusetts, New
Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont
and Northern Virginia. See section 184 of the CAA. By agreement of OTC,
the New York State Department of Environmental Conversation (NYSEC) ran
the Community Multi-scale Air Quality Model (CMAQ) for the states in
the northeast Ozone Transport Region (OTR) which includes Delaware. The
inputs of the model are described in section 6 of the April 3, 2008 SIP
revision submittal.
The attainment test for PM2.5 is referred to as the
Speciated Modeled Attainment Test (SMAT). In the Delaware's April 3,
2008 SIP revision submittal, the SMAT results demonstrated that the
projected annual arithmetic mean PM2.5 concentration
calculated at each Federal Reference Method (FRM) monitor attained the
annual PM2.5 NAAQS in 2009. Specifically, all calculations
are less than 15[mu]g/m\3\.
In summary, the basic photochemical grid modeling, presented in the
Delaware attainment plan, used the methods recommended in EPA's
modeling guidance. When EPA's attainment test is applied to the
modeling results, the 2009 annual-average PM2.5 design value
is predicted to be 13.3[mu]g/m\3\ in the Philadelphia Area. Therefore,
based on EPA's modeled attainment test, the Philadelphia Area reached
attainment of the annual average PM2.5 standard in 2009
before the attainment date of April 5, 2010.
4. Reasonably Available Control Measures/Reasonably Available Control
Technology
a. Requirements for RACM/RACT
CAA section 172(c)(1) requires that each attainment plan ``provide
for the implementation of all RACM as expeditiously as practicable,
including such reductions in emissions from the existing sources in the
area as may be obtained through the adoption, at a minimum, of RACT,
and shall provide for attainment of the national primary ambient air
quality standards.'' EPA interprets RACM including RACT under section
172 as measures that a state finds are both reasonably available and
contribute to attainment as expeditiously as practicable in the
nonattainment area. Thus, what constitutes RACM or RACT in a
PM2.5 nonattainment area is closely tied to the expeditious
attainment demonstration of the plan. See 40 CFR 51.1010; 72 FR 20586
at 20612.
States are required to evaluate RACM/RACT for direct
PM2.5 emissions and all of the area's attainment plan
precursors. See 40 CFR 51.1002(c); 72 FR 20586 at 20589-97. Consistent
with the guidance provided for the PM2.5 Implementation
Rule, a state initially must evaluate RACM/RACT for sources that emit
direct PM2.5, SO2, and NOX. A state
may establish with an appropriate demonstration that it should not
regulate NOX in the specific nonattainment area, so it could
thereby forgo evaluation of RACM/RACT for NOX. Because EPA
concluded that VOC and NH3 are presumptively not regulatory
precursors for PM2.5, unless the state or EPA determines
that it is necessary to regulate them in a specific nonattainment area,
the state is not required to evaluate RACM/RACT for sources of VOC or
NH3 unless there is a determination supported by an
appropriate demonstration that such emissions need to be regulated for
expeditious attainment of the NAAQS in the specific area.
For PM2.5 attainment plans, the PM2.5
Implementation Rule requires a combined approach to RACM and RACT under
subpart 1 of part D of the CAA. Subpart 1, unlike subparts 2 and 4,
does not identify specific source categories for which EPA must issue
control technique documents or guidelines, or identify specific source
categories for state and EPA evaluation during attainment plan
development. See 72 FR 20586 at 20610. Rather, under subpart 1, EPA
considers RACT to be part of an area's overall RACM obligation
consistent with the section 172 definition. Because of the variable
nature of the PM2.5 problem in different nonattainment areas
which may require states to develop attainment plans that address
widely disparate circumstances, EPA determined not only that states
should have flexibility with respect to RACM/RACT controls, but also
that in areas needing significant emission reductions, RACM/RACT
controls on smaller sources may be necessary to reach attainment as
expeditiously as practicable. See 72 FR 20586 at 20612, 20615. Thus,
under the PM2.5 Implementation Rule, RACM and RACT are those
reasonably available measures that contribute to attainment as
expeditiously as practicable in the specific nonattainment area. See 40
CFR 51.1010; 72 FR 20586 at 20612.
Specifically, the PM2.5 Implementation Rule requires
that attainment plans include the list of measures that a state
considered and information sufficient to show that the state met all
requirements for the determination of what constitutes RACM/RACT in a
specific nonattainment area. See 40 CFR 51.1010(a). In addition, the
PM2.5 Implementation Rule requires that the state, in
determining whether a particular emissions reduction measure or set of
measures must be adopted as RACM/RACT, consider the cumulative impact
of implementing the available measures and adopt as RACM/RACT any
potential measures that are reasonably available considering
technological and economic feasibility if, considered collectively,
they would advance the attainment date by one year or more. If a
measure or measures is not necessary for expeditious attainment of the
NAAQS in the area, then by definition that measure is not RACM/RACT for
purposes of the 1997 PM2.5 NAAQS in that area. Any measures
that are necessary to meet these requirements which are not already
either Federally promulgated, part of the state's SIP, or otherwise
creditable in SIPs must be submitted in enforceable form as part of a
state's attainment plan for the area. See 72 FR 20586 at 20614.
Guidance provided in the PM2.5 Implementation Rule for
evaluating RACM/RACT level controls for an area also indicated that
there could be flexibility with respect to those areas that were
predicted to attain the 1997 PM2.5 NAAQS within five years
of designation as a result of existing national or local measures. See
72 FR 20586 at 20612. In such circumstances, EPA indicated that the
state may
[[Page 69406]]
conduct a more limited RACM/RACT analysis that does not involve
additional air quality modeling. Moreover, the RACM/RACT analysis for
such area would focus on a review of reasonably available measures, the
estimation of potential emissions reductions, and the evaluation of the
time needed to implement the measures. Thus, the PM2.5
Implementation Rule guidance recommended that not all areas would need
to conduct as rigorous an analysis, and suggested that a less rigorous
analysis would be needed for those areas expected to attain within the
initial five years from designation as a nonattainment area for the
1997 PM2.5 NAAQS. A more comprehensive discussion of the
RACM/RACT requirement for PM2.5 attainment plans and EPA's
guidance for it can be found in the PM2.5 Implementation
Rule preamble. See 72 FR 20586 at 20609-20633.
b. Delaware's Analysis of Pollutants and Sources for the Delaware
Portion of the Philadelphia Area
Based upon the emissions inventory for the area, Delaware
determined that it would be appropriate to evaluate sources of
PM2.5, SO2, and NOX located in the
nonattainment area for potential control as RACM/RACT. Delaware
determined that controls of sources of VOC or NH3 would not
be necessary for expeditious attainment of the NAAQS in this area, nor
does EPA believe that there is a need to do so. Delaware's
determination with respect to which pollutants the plan should evaluate
is found in Section 1.4 of the attainment plan submittal.
After evaluating which pollutants should be addressed in the
attainment plan, Delaware identified all source categories of those
emissions located within the nonattainment area to determine available
controls that could advance the attainment date by one year or more.
See Section 7 of the attainment plan submittal. For the primary
PM2.5 RACM, DNREC evaluated measures that are limited to the
boundaries of the nonattainment area, i.e. New Castle County. However,
because SO2 and NOX can be transported over
considerable distances to form PM2.5, SO2 and
NOX were assessed on a statewide basis. See Appendix 7-1 of
Delaware's attainment plan for ``EPA's List of Potential Control
Measures.'' Although VOC is not a regulated PM2.5 precursor
for the Delaware portion of the Philadelphia area, VOC control measures
approved by EPA are included in the modeling associated with this
attainment plan.
In accordance with 40 CFR 51.1010, a SIP revision for a
PM2.5 nonattainment area is required to demonstrate that all
RACM, including RACT for stationary sources, necessary to demonstrate
attainment as expeditiously as practicable, have been adopted. The
cumulative impact of implementing available measures must be considered
in determining whether a particular emission reduction measure or set
of measures is required to be adopted as RACM. Potential measures that
are reasonably available considering technical and economic feasibility
must be adopted as RACM if, considered collectively, they would advance
the attainment date by one year or more. Since the Philadelphia Area
attained at the end of 2009, any RACM measures needed to be in effect
in 2008. Delaware determined that there were no additional control
measures that could be adopted by January 1, 2008. In addition,
existing measures and measures planned for implementation by 2009
enabled the Philadelphia Area to attain the 1997 annual
PM2.5 NAAQS. Therefore, Delaware determined no further
actions on RACM or RACT were warranted.
c. Delaware's Evaluation of RACM/RACT Control Measures for the Delaware
Portion of the Philadelphia Area
In accordance with section 172 of the CAA, Delaware determined it
adopted all RACM, including RACT, needed to attain the standards ``as
expeditiously as practicable.'' Delaware's demonstration for attaining
the 1997 PM2.5 NAAQS in the Philadelphia Area is based on
the following Federally enforceable measures in Section 7 of the
state's submittal and listed below. From the control measures listed
below, EPA is proposing not to approve CAIR as RACM/RACT for EGUs in
Delaware for the 1997 PM2.5 NAAQS but proposes to approve as
RACM/RACT the other control measures identified in Delaware's April 3,
2008 SIP submittal which were approved by EPA previously into the
Delaware SIP (see 40 CFR 52.420(c)) or are otherwise Federally
enforceable.
Section 7.2.1 Point Sources:
40 CFR parts 51, 72, et al. Rule to Reduce Interstate
Transport of Fine Particulate Matter and Ozone (Clean Air Interstate
Rule)
``Inclusion of Delaware and New Jersey in the Clean Air
Interstate Rule'' 71 FR 25288 (April 28, 2006)
Consent Decree, Premcor Refinery, Delaware City (formerly
Motiva Enterprises) New Castle County. Control of SO2, and
NOX Emission from Boilers and Heaters
Regulation 1146, EGUs, Electric Generating Unit (EGU) Multi-
Pollutant Regulation, SO2 and NOX emission
control (effective December 11, 2006)
Regulation 1148, Control of Stationary Combustion Turbine
Electric Generating Unit Emissions, NOX emission control
Regulation 1144, Control of Stationary Generator Emissions,
SO2, PM, VOC and NOX emission control
Regulation 1142, Section 1.0, Control of NOX
Emissions from Industrial Boilers, NOX emission control
Regulation 1142, Section 2.0, Control of NOX
Emissions from Industrial Boilers and Process Heaters at Petroleum
Refineries, NOX emission control, New Castle County
Regulation 1124, Section 46.0, Crude Oil Lightering
Operations, VOC emission control
Facility and Unit shutdowns (see Table 4-3 in the Delaware
submittal)
Section 7.2.2 Non-Point Sources:
Regulation 1124, Section 33.0, Solvent Cleaning and Drying,
VOC emission control
Regulation 1124, Section 11.0, Mobile Equipment Repair and
Refinishing, VOC emission control
Regulation 1141, Section 3.0, Portable Fuel Containers, VOC
emission control
Regulation 1141, Section 2.0, Consumer Products, VOC emission
control
Regulation 1141, Section 1.0, Architectural and Industrial
Maintenance Coatings, VOC emission control
Regulation 1124, Section 36.0, Stage II Vapor Recovery, VOC
emission control
Controls on Residential Woodstoves, 40 CFR Part 60 Subpart
AAA--New Source Performance Standards (``NSPS'') for PM, VOC and
NOX emission control
Regulation 1113, Open Burning Controls, PM, VOC and
NOX emission control
Section 7.2.3 Non-Road Sources:
Phase I and Phase II Emissions Standards for Gasoline-Powered
Non-Road Utility Engines, Federal Rule
Emissions Standards for Diesel-Powered Non-Road Utility
Engines of 50 or More Horsepower, Federal Rule
Emissions Standards for Spark Ignition (SI) Marine Engines,
Federal Rule
Emissions Standards for Large Spark Ignition Engines, Federal
Rule
[[Page 69407]]
Reformulated Gasoline Use in Non-Road Motor Vehicles and
Equipment, Federal Rule
``Control of Emissions from New Marine Compression-Ignition
Engines at or above 30 liters per Cylinder; Final Rule,'' 68 FR 9746
(February 28, 2003), at pp. 9755-56 (hereinafter EPA C3 Rule)
Section 7.2.4 On-Road Mobile Sources:
Regulation No. 31, Low Enhanced Inspection and Maintenance
Program
Regulation 1132, Transportation Conformity Regulation
40 CFR Parts 80, 85, and 86--Control of Air Pollution from New
Motor Vehicles: Tier 2 Motor Vehicle Emissions Standards and Gasoline
Sulfur Control Requirements; Final Rule
40 CFR parts 69, 80, and 86 Control of Air Pollution from New
Motor Vehicles: Heavy-Duty Engine and Vehicle Standards and Highway
Diesel Fuel Sulfur Control Requirements; Final Rule
Regulation 1145, Controls on Excessive Idling of Heavy Duty
Vehicles
Regulation 1140, National Low Emission Vehicle (NLEV) Program
Delaware has implemented other control measures for SO2,
NOX, VOC, and PM2.5 including mandatory episodic
prohibition of lightering on ozone action days, and reduction of
emissions from high electric demand day electric generation.
The above measures have been adopted by Delaware and approved by
EPA as Federally enforceable measures in the Delaware SIP (see 40 CFR
52.420(c)) or are otherwise Federally enforceable.
In addition, other voluntary measures that are effective in 2010
include:
Brandywine School District Bus Retrofits
Delaware Ride Share
Ozone Action Days (voluntary curtailment of activities
that contribute to air pollution)
Use of Biodiesel (B20) in state-run equipment
Best Workplaces for Commuters and SmartWay Transport
programs
Implement anti-idling outreach programs for schools and
school districts
Clean State Program--focusing on greater use of
alternative transportation fuels
Installation of an E85 fueling station in Delaware
Delaware continues to identify and implement energy efficiency
programs for the residential and commercial sectors. Energy efficiency
programs include:
--Energy efficiency/conservation education, outreach, technical
assistance
--Energy An$wers Program
--Home Appliances
--Business
--Home Performance
--Energy Star Program
--Sustainable Energy Utility (SEU)
d. Proposed Action on RACM/RACT Demonstration and Control Strategy
EPA is proposing to approve Delaware's evaluation of RACM/RACT
control measures for the Philadelphia Area, except for the reference to
CAIR for EGUs which EPA is not proposing to approve as RACM/RACT. The
monitoring data for this area indicates that it has attained the 1997
annual PM2.5 NAAQS by its applicable date, and EPA made a
determination of attainment on May 16, 2012 (77 FR 28782). EPA's
guidance for the PM2.5 Implementation Rule recommended that
if an area was predicted through the attainment plan to attain the
standard within five years after designation, then the state could
submit a more limited RACM/RACT analysis and the state could elect not
to do additional modeling.
Because the Philadelphia Area attained the 1997 annual
PM2.5 NAAQS by the applicable attainment date, and because
EPA agrees with Delaware that no additional measures could be adopted
that would advance the attainment date by one year, EPA proposes to
determine that the Delaware attainment plan (except for CAIR for EGUs)
meets the RACM/RACT requirements of the PM2.5 Implementation
Rule and that the Federally enforceable control measures identified in
the Delaware attainment plan (other than CAIR for EGUs) constitute
RACM/RACT for purposes of the 1997 annual PM2.5 NAAQS.
Because the PM2.5 Implementation Rule defines RACM/RACT as
that level of control that is necessary to bring the area into timely
attainment, and because no additional measures could achieve attainment
one year earlier, the level of Federally enforceable controls on
sources located within the Philadelphia Area as of the end of the
calendar year 2009 constitutes RACM/RACT for the Philadelphia Area for
this purpose. EPA is proposing not to approve CAIR as RACM/RACT in
Delaware for the 1997 PM2.5 NAAQS for EGUs but proposes to
approve as RACM/RACT the other control measures, including state
controls on EGUs, identified in Delaware's April 3, 2008 SIP submittal,
which were previously approved by EPA as part of the Delaware SIP (see
40 CFR 52.420(c)) or are otherwise Federally enforceable, because the
Philadelphia Area has attained the 1997 PM2.5 NAAQS by the
attainment date.
5. Reasonable Further Progress
Section 172(c)(2) of the CAA requires that attainment plans include
RFP to achieve steady progress toward meeting air quality standards by
showing generally linear progress toward attainment. The
PM2.5 Implementation Rule set forth that an area that
demonstrates attainment by 2010 will be considered to have satisfied
the RFP requirement and need not submit any additional material to
satisfy the RFP requirement. EPA views the attainment demonstration as
also demonstrating that the area is making reasonable further progress
toward attainment. A state is required to submit a separate RFP plan
for any area for which the state seeks an extension of the attainment
date beyond 2010. The RFP plan is required to provide emission
reductions such that emissions in 2009 represent generally linear
progress from the 2002 baseline year to the attainment year. The
Philadelphia Area attained by 2010, and has therefore met the RFP
requirements under the PM2.5 Implementation Rule.
6. Contingency Measures
In accordance with section 172(c)(9) of the CAA, the
PM2.5 Implementation Rule requires that PM2.5
attainment demonstrations include contingency measures. See 40 CFR
51.1012 and 72 FR at 20642-20646, April 25, 2007. Contingency measures
are additional measures to be implemented in the event an area fails to
meet RFP or fails to attain a standard by its attainment date. These
measures must be fully adopted rules or control measures that can be
implemented quickly and without significant further EPA or state action
if the area fails to meet RFP or fails to attain by its attainment
date, and should contain trigger mechanisms and an implementation
schedule. In addition, they should be measures not already included in
the SIP control strategy and should provide for emission reductions
equivalent to one year of RFP.
Delaware submitted contingency measures as required by the
PM2.5 Implementation Rule that were fully adopted rules or
control measures that were ready to be implemented quickly upon failure
of the area to attain and were at the level of reductions equal to at
least one's year worth of reductions
[[Page 69408]]
needed for attainment in the area. In accordance with section 110(k)(2)
of the CAA, EPA must take action on the contingency measures that were
submitted by Delaware. However, as noted in section II.C of this
proposed rulemaking action, the Philadelphia Area, which consists of
New Castle County in Delaware, has attained the 1997 annual
PM2.5 NAAQS and meets the attainment date of April 5, 2010,
and continues to attain based on the most recent data available.
Because EPA has determined that the area attained by its required
attainment date, in accordance with section 179(c)(9), no contingency
measures for failure to attain by this date need be implemented, and
further EPA action is unnecessary. Furthermore, as set forth in the
PM2.5 Implementation Rule, areas that attained the NAAQS by
the attainment date are considered to have satisfied the requirement to
show RFP, and as such do not need to implement contingency measures to
make further progress to attainment. EPA has determined that the
Philadelphia Area has attained by the attainment date, therefore the
contingency measures submitted by Delaware are no longer necessary for
the Philadelphia Area to meet RFP requirements or attain the 1997
annual PM2.5 NAAQS by the attainment date. Although the
Philadelphia Area met the attainment date of April 5, 2010 and thus is
not required to implement contingency measures, by relying on those
contingency measures that were already in place, Delaware has
effectively implemented its control measures in advance.
7. Attainment Date
Delaware provided a demonstration of attainment of the 1997 annual
PM2.5 NAAQS in the Philadelphia Area by 2010.
B. Motor Vehicle Emissions Budgets (MVEBs)
Section 176(c) of the CAA requires Federal actions in nonattainment
and maintenance areas to ``conform to'' the goals of SIPs. This means
that such actions will not cause or contribute to violations of a
NAAQS, worsen the severity of an existing violation, or delay timely
attainment of any NAAQS or any interim milestone. Actions involving
Federal Highway Administration (FHWA) or Federal Transit Administration
(FTA) funding or approval are subject to the transportation conformity
rule (40 CFR Part 93, subpart A). Under this rule, metropolitan
planning organizations (MPOs) in nonattainment and maintenance areas
coordinate with state air quality and transportation agencies, EPA, and
the FHWA and FTA to demonstrate that their long range transportation
plans and transportation improvement programs (TIP) conform to
applicable SIPs. This is typically determined by showing that estimated
emissions from existing and planned highway and transit systems are
less than or equal to the MVEBs contained in the SIP.
On April 25, 2012, Delaware submitted a SIP revision that is
related to the PM2.5 and NOx onroad mobile source budgets
that were established in the April 3, 2008 submittal. The April 25,
2012 submittal replaces the MVEBs in the April 3, 2008 submittal with
budgets based on the MOVES model.
In a separate and concurrent process, EPA is conducting a process
to find adequate the MVEBs for New Castle County which are associated
with the Delaware attainment demonstration for the Philadelphia Area.
Concurrently with EPA's proposal to approve the SIP, a notice will be
posted on EPA's Web site at http://www.epa.gov/otaq/stateresources/transconf/currsips.htm for the purpose of opening a 30-day public
comment period on the adequacy of the MVEBs for New Castle County in
the April 25, 2012 SIP revision's attainment demonstration for the
Philadelphia Area. That notice will inform the public of the
availability of the Delaware SIP revision on DNREC's Web site.
Interested members of the public could access Delaware's April 25, 2012
SIP revision on line at www.regulations.gov, Docket No. EPA-R03-OAR-
2010-0141. Following EPA's public comment period, responses to any
comments received will be addressed. EPA has reviewed the revised MVEBs
developed and found them consistent with the attainment demonstration
and that the budgets meet the criteria for adequacy and approval.
V. Proposed Action
EPA is proposing to approve the Delaware 1997 annual
PM2.5 NAAQS attainment plan for the Philadelphia Area that
was submitted on April 3, 2008. EPA is also proposing to find adequate
and approve the MVEBs revised with MOVES that were submitted on April
25, 2012 as a SIP revision. The attainment plan includes Delaware's
attainment demonstration, an analysis of RACM/RACT, the 2002 base year
emissions inventory, and contingency measures. EPA has determined that
Delaware's attainment demonstration meets the applicable requirements
of the CAA, as described in the PM2.5 Implementation Rule.
Specifically, EPA has determined that the Delaware SIP revision
includes an attainment demonstration and adopted state regulations and
programs needed to support a determination that the Philadelphia Area
attained the 1997 annual PM2.5 NAAQS by the April 2010
deadline. EPA is specifically proposing however not to approve CAIR as
RACM/RACT for Delaware's attainment plan for the Philadelphia Area. EPA
is soliciting public comments on the issues discussed in this document.
These comments will be considered before taking final action.
VI. 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 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
[[Page 69409]]
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 the Delaware 1997
annual PM2.5 attainment plan for the Philadelphia Area, 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 31, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-28091 Filed 11-16-12; 8:45 am]
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