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ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
DE ID: [DE072-1042a; FRL-7593-5]
NOTICE: RULES
ACTION: Air quality implementation plans; approval and promulgation; various States:
DOCUMENT ACTION: Direct final rule.
SUBJECT CATEGORY: Approval and Promulgation of Air Quality Implementation Plans; Delaware; MOBILE6-Based Motor Vehicle Emission Budgets for the Delaware Portion of the Philadelphia-Wilmington-Trenton 1-Hour Ozone Nonattainment Area
DATES: This rule is effective on February 3, 2004 without further notice, unless EPA receives adverse written comment by January 5, 2004. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.
DOCUMENT SUMMARY: EPA is taking direct final action to approve a revision to the Delaware State Implementation Plan (SIP). Specifically, EPA is approving amendments to the 2005 highway (on road) motor vehicle emission inventory for the Delaware portion of the Philadelphia WilmingtonTrenton area's (the Philadelphia area) 1hour ozone attainment plan as a revision to the Delaware SIP. This revision also serves to amend the 2005 motor vehicle emission budgets (MVEBs) used for determining transportation conformity under the Clean Air Act. The revised MVEBs were developed using MOBILE6, the most recent version of EPA's mobile source emission factor model. Revision of the MVEBs was a requirement of EPA's prior approval of Delaware's 1hour ozone attainment demonstration plan for the Philadelphia severe ozone nonattainment area. The intended effect of this direct final approval action is to approve a SIP revision that will assist Delaware in attaining and demonstrating conformity with the 1hour ozone standard. This action is being taken by EPA in accordance with the requirements of the Clean Air Act.
SUMMARY: Delaware,
SUPPLEMENTAL INFORMATION
I. BackgroundA. Delaware's SIPApproved Attainment Demonstration and Mobile Budget
On October 29, 2001 ( 66 FR 54598), EPA approved Delaware's 1hour
ozone attainment demonstration plan for the Philadelphia area. As part
of that final rule, EPA required that Delaware revise the plan to
recalculate the 2005 attainment year motor vehicle emission budgets
(MVEBs) for the Delaware portion of the Philadelphia area (Kent and New
Castle Counties). The 2005 MVEBs were to be updated using MOBILE6, the
most recent version of MOBILE, EPA's mobile emission factor model. On
September 2, 2003, Delaware formally submitted a revision to its
attainment demonstration plan for the Philadelphia area, consisting of
updated MOBILE6based MVEBs for the Delaware portion of the Philadelphia area.
B. Background on the MOBILE Emission Factor Model and Related EPA Policy
MOBILE is an EPA emission factor model for estimating pollution
from onroad motor vehicles. The MOBILE model calculates emissions of
volatile organic compounds (VOCs), nitrogen oxides (NO
\1\ Memoranda, ``Guidance on Motor Vehicle Emissions Budgets in
1Hour Ozone Attainment Demonstrations,'' issued November 3, 1999,
and ``1Hour Ozone Attainment Demonstrations and Tier2/Sulfur
Rulemaking,'' issued November 8, 1999. Copies of these memoranda can
be found on EPA's Web site at http://www.epa.gov/otaq/transp/traqconf.htm .
\2\ The final rule on Tier 2 Motor Vehicle Emissions Standards
and Gasoline Sulfur Control Requirements (``Tier 2 standards'') for
passenger cars, light trucks, and larger passenger vehicles was published on February 10, 2000 (65 FR 6698).
II. Summary of Delaware's SIP Revision and EPA's Review
A. MOBILE6Based Highway Mobile Source Emission Inventories
On September 2, 2003, the Delaware Department of Natural Resources
and Environmental Control (DNREC) submitted an SIP revision to its
approved attainment plan for the Philadelphia area. The revision
consists of updated inventories of emissions calculated using the
MOBILE6 emission factor model of the ozone precursors VOC and
NO
The SIP revision is intended to demonstrate that the updated
MOBILE6based projections of motor vehicle emissions continue to
support the demonstration of attainment of the 1hour ozone NAAQS for
the Philadelphia area by 2005. Table 1 is presented to compare
Delaware's revised MOBILE6based motor vehicle emissions inventories
with the previously approved MOBILE5based inventories, by pollutant,
expressed in units of tons per summer day (tpd). The MOBILE6based
inventories were developed using the latest available planning
assumptions, including 2002 data from Delaware's Department of
Transportation for vehicle registration, vehicle miles traveled (VMT) and speeds.
[[Page 67950]]
Table 1.Comparison of the MOBILE5 and MOBILE6Based Highway Mobile Emissions for the Delaware Portion of the PhiladelphiaWilmingtonTrenton 1Hour
Ozone Attainment Plan
Kent County New Castle County Twocounty totals
VOC NOX VOC NOX VOC NOX VOC
MOBILE6Based Estimates (tpd)
1990 Base Year................................................ 11.84 9.24 42.16 31.03 54.00 40.27
2005 Attainment Year.......................................... 5.14 8.42 15.08 21.28 20.22 29.70
Percent Reduction............................................. 56.6 8.9 64.2 31.4 62.6 26.2
MOBILE5Based Estimates (tpd)
1990 Base Year................................................ 12.89 10.62 34.07 27.04 46.96 37.66
2005 Attainment Year.......................................... 4.84 7.90 14.76 22.92 19.60 30.83
Percent Reduction............................................. 62.5 25.6 56.7 15.2 58.3 18.1
EPA's articulated its policy regarding the use of MOBILE6 modeling
for purposes of SIP development in guidance documents entitled ``Policy
Guidance on the Use of MOBILE6 for SIP Development and Transportation
Conformity'' \3\ and ``Clarification of Policy Guidance for MOBILE6 in Midcourse Review Areas.'' \4\
\3\ Memorandum, ``Policy Guidance on the Use of MOBILE6 for SIP
development and Transportation Conformity,'' issued January 18,
2002. A copy of this memorandum can be found on EPA's Web site at
http://www.epa.gov/otaq/transp/traqconf.htm.
\4\ Memorandum, ``Clarification of Policy Guidance for MOBILE6
SIPs in Midcourse Review Areas,'' issued February 12, 2003. A copy
of this memorandum can be found on EPA's Web site at http://www.epa.gov/otaq/transp/traqconf.htm .
Delaware's September 2, 2003 SIP revision submittal includes an
explanation of the differences between the MOBILE5 and MOBILE6based
inventories. The submittal also provides a comparison of the relative
reduction, by percentage, between the 1990 and 2005 inventories
generated using the two different versions of the model to ensure that
the approved Philadelphia area 1hour ozone attainment demonstration
will continue to demonstrate attainment by 2005. The methodology for
this relative reduction comparison consists of comparing the revised
MOBILE6 baseline and attainment case inventories, by pollutant, with
the previously approved MOBILE5 inventory totals for the Delaware
portion of Philadelphia area to determine if attainment can still be
predicted by the attainment date. Delaware then compared these relative
reduction percentages for the MOBILE5 versus MOBILE6 inventories for
1990 and 2005. As indicated in Table 1, the State's relative reduction
comparison for the twocounty Delaware portion of the Philadelphia area
shows that the reductions in NO
EPA's relevant policy guidance also requires Delaware to consider
whether growth and control strategy assumptions for other sources (i.e,
point, area, and nonroad mobile sources) were still accurate at the
time of the revised MOBILE6based MVEBs were developed for submittal as
a SIP revision to the Philadelphia area attainment plan. Delaware's
September 2, 2003 SIP submittal indicates that the overall emissions of
VOC and/or NO
As previously stated, the onroad components of VOC and
NO
Table 2.MOBILE6Based Motor Vehicle Emission Budgets (MVEBs) for the Delaware Portion of the 1Hour Attainment
Demonstration Plan for the PhiladelphiaWilmingtonTrenton Area
Kent County New Castle County 2005 Attainment year
VOC NOX VOC NOX
Emission Budgets (tpd).......................... 5.14 8.42 15.08 21.28 [[Page 67951]]
III. Final Action
EPA is approving Delaware's September 2, 2003 SIP revision
submittal which updates the 1990 and 2005 highway mobile VOC and
NO
You may submit comments either electronically or by mail. To ensure proper receipt by EPA, identify the appropriate rulemaking identification number (DE0721042) in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked ``late.'' EPA is not required to consider these late comments.
1. Electronically. If you submit an electronic comment as prescribed below, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CDROM you submit, and in any cover letter accompanying the disk or CDROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket. 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.
i. Email. Comments may be sent by electronic mail (email) to: kramer.robert@epa.gov, attention DE0721042. EPA's email system is not
an ``anonymous access'' system. If you send an email comment directly without going through Regulations.gov, EPA's email system
automatically captures your email address. Email addresses that are
automatically captured by EPA's email system are included as part of the comment that is placed in the official public docket.
ii. Regulations.gov. Your use of Regulation.gov is an alternative
method of submitting electronic comments to EPA. Go directly to http://www.regulations.gov , then select ``Environmental Protection Agency'' at
the top of the page and use the ``go'' button. The list of current EPA
actions available for comment will be listed. Please follow the online
instructions for submitting comments. The system is an ``anonymous
access'' system, which means EPA will not know your identity, email
address, or other contact information unless you provide it in the body of your comment.
iii. Disk or CDROM. You may submit comments on a disk or CDROM that you mail to the mailing address identified in the ADDRESSES section of this document. These electronic submissions will be accepted in WordPerfect, Word or ASCII file format. Avoid the use of special characters and any form of encryption.
2. By Mail. Written comments should be addressed to the EPA Regional office listed in the ADDRESSES section of this document. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at the EPA Regional Office, as EPA receives them and without change, unless the comment contains copyrighted material, confidential business information (CBI), or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in the official public rulemaking file. The entire printed comment, including the copyrighted material, will be available at the Regional Office for public inspection.
Submittal of CBI Comments
Do not submit information that you consider to be CBI electronically to EPA. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI (if you submit CBI on disk or CDROM, mark the outside of the disk or CDROM as CBI and then identify electronically within the disk or CDROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR Part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the official public regional rulemaking file. If you submit the copy that does not contain CBI on disk or CDROM, mark the outside of the disk or CDROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public file and available for public inspection without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person identified in the FOR FURTHER INFORMATION CONTACT section.
Considerations When Preparing Comments to EPA
You may find the following suggestions helpful for preparing your comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that support your views.
4. If you estimate potential burden or costs, explain how you arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline identified.
8. To ensure proper receipt by EPA, identify the appropriate
regional file/rulemaking identification number in the subject line on the first page of your
[[Page 67952]]
response. It would also be helpful if you provided the name, date, and Federal Register citation related to your comments.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action merely approves state law as meeting federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves preexisting requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it 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. 1044). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have federalism implications because it does not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by February 3, 2004. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action.
This action approving Delaware's updates to the 1990 and 2005
highway mobile VOC and NO
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: November 20, 2003.
Thomas Voltaggio,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart IDelaware
2. Section 52.426 is amended by:
a. Removing and reserving paragraph (c)(2);
b. Revising paragraph (d);
c. Adding paragraph (e).
The revision and addition read as follows:
Sec. 52.426 Control strategy plans for attainment and rateof progress: ozone.
* * * * *
(c) * * *
(2) [Reserved]
* * * * *
(d) EPA is approving the following mobile budgets, explicitly
quantified as subbudgets for each of Kent and New Castle Counties, of
the Post 1996 ROP Plans and the 1Hour Ozone Attainment Demonstration Plan:
Transportation Conformity Emission Budgets for the Delaware Portion of the Philadelphia Area
Kent County New Castle County Effective date of
adequacy
Type of control strategy SIP Year determination or SIP
VOC NOX VOC NOX approval
Post1996 ROP Plan................ 1999 7.55 11.17 22.49 29.41 April 29, 1999, (64
FR 31217, published
June 10, 1999).
Post1996 ROP Plan................ 2002 6.30 9.81 18.44 27.29 June 23, 2000, (65 FR
36440, published
June 8, 2000). [[Page 67953]]
Post1996 ROP Plan................ 2005 4.84 7.90 14.76 22.92 May 2, 2001, (66 FR
19769, published
April 17, 2001).
Attainment Demonstration.......... 2005 5.14 8.42 15.08 21.28 SIP approval on
December 5, 2003;
Effective on
February 3, 2004. (1)(2) [Reserved]
(e) EPA approves Delaware's revised 2005 VOC and NO
[FR Doc. 0330041 Filed 12403; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT Larry Budney, (215) 814-2184, or by e-mail at budney.larry@epa.gov.
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