Approval and Promulgation of Air Quality Implementation Plans; Delaware; Redesignation Requests, Associated Maintenance Plans, and Motor Vehicle Emissions Budgets for the Delaware Portion of the Philadelphia-Wilmington, PA-NJ-DE Nonattainment Area for the 1997 Annual and 2006 24-Hour Fine Particulate Matter Standards, and the 2007 Comprehensive Emissions Inventory for the 2006 24-Hour Fine Particulate Matter Standard

W.C. Early
Environmental Protection Agency
August 5, 2014

[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Rules and Regulations]
[Pages 45350-45354]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18205]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2014-0022; FRL-9914-53-Region-3]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Redesignation Requests, Associated Maintenance Plans, and
Motor Vehicle Emissions Budgets for the Delaware Portion of the
Philadelphia-Wilmington, PA-NJ-DE Nonattainment Area for the 1997
Annual and 2006 24-Hour Fine Particulate Matter Standards, and the 2007
Comprehensive Emissions Inventory for the 2006 24-Hour Fine Particulate
Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the
State of Delaware's requests to redesignate to attainment the Delaware
portion of the Philadelphia-Wilmington, PA-NJ-DE nonattainment area
(hereafter ``the Philadelphia Area'' or ``the Area'') for both the 1997
annual and the 2006 24-hour fine particulate matter (PM2.5)
National Ambient Air Quality Standards (NAAQS or standards). EPA is
also approving as revisions to the Delaware State Implementation Plan
(SIP), the associated maintenance plans to show maintenance of the 1997
annual and the 2006 24-hour PM2.5 NAAQS through 2025 for the
Delaware portion of the Area. EPA is also proposing to approve the
motor vehicle emissions budgets (MVEBs) included in Delaware's
maintenance plans for the Delaware portion of the Area for both the
1997 annual and 2006 24-hour PM2.5 standards. EPA is also
determining that the Delaware portion of the Philadelphia Area
continues to attain both the 1997 annual and the 2006 24-hour
PM2.5 NAAQS. In addition, EPA is approving the 2007
emissions inventory for the Delaware portion of the Area for

[[Page 45351]]

the 2006 24-hour PM2.5 NAAQS. These actions are being taken
under the Clean Air Act (CAA).

DATES: This final rule is effective on September 4, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0022. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Delaware Department of Natural Resources
and Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover,
Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Maria A. Pino, (215) 814-2181, or by
email at pino.maria@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On December 12, 2012, the Delaware Department of Natural Resources
and Environmental Control (DNREC) formally submitted two separate
requests to redesignate the Delaware portion of the Philadelphia Area
from nonattainment to attainment for the 1997 annual and the 2006 24-
hour PM2.5 NAAQS, respectively. With the redesignation
requests, DNREC submitted maintenance plans as SIP revisions to ensure
continued attainment of the standards throughout the Delaware portion
of the Area over the next 10 years. Each maintenance plan contains
MVEBs for the Delaware portion of the Area for transportation
conformity purposes. The December 12, 2012 submittal for the 2006 24-
hour PM2.5 NAAQS also includes a 2007 comprehensive
emissions inventory to meet the requirement of section 172(c)(3) of the
CAA for the 2006 24-hour PM2.5 NAAQS.
On April 11, 2014 (79 FR 20139), EPA published a notice of proposed
rulemaking (NPR) for the State of Delaware. In the NPR, EPA proposed
approval of Delaware's redesignation requests for the Delaware portion
of the Philadelphia Area for the 1997 annual and 2006 24-hour
PM2.5 NAAQS. EPA also proposed approval of the associated
maintenance plans as SIP revisions for the 1997 annual and 2006 24-hour
PM2.5 standards, and the MVEBs included in Delaware's
maintenance plans for the Delaware portion of the Area for both the
1997 annual and 2006 24-hour PM2.5 standards. In addition,
EPA proposed approval of the 2007 emissions inventory for the Delaware
portion of the Area for the 2006 24-hour PM2.5 NAAQS.
Finally, EPA proposed that the Philadelphia Area continues to attain
both the 1997 annual and the 2006 24-hour PM2.5 NAAQS.
In the April 11, 2014 NPR, EPA addressed the effects of two
decisions of the United States Court of Appeals for the District of
Columbia Circuit (D.C. Circuit Court): The D.C. Circuit Court's January
4, 2013 decision to remand to EPA two final rules implementing the 1997
annual PM2.5 standard and the D.C. Circuit Court's August
21, 2012 decision to vacate and remand to EPA the Cross-State Air
Pollution Control Rule (CSAPR). However, subsequent to publication of
the NPR, United States Supreme Court reversed the D.C. Circuit decision
vacating and remanding CSAPR in EPA v. EME Homer City Generation, L.P.,
134 S.Ct. 1584 (2014).
EPA has considered the recent decision from the U.S. Supreme Court
regarding CSAPR, and has concluded that the decision does not alter the
Agency's decision to redesignate the Delaware portion of the
Philadelphia Area to attainment for the 1997 annual and 2006 24-hour
PM2.5 NAAQS. EPA promulgated CSAPR (76 FR 48208, August 8,
2011) to replace the Clean Air Interstate Rule (CAIR), which has been
in place since 2005. See 76 FR 59517. The rules require significant
reductions in emissions of sulfur dioxide (SO2) and oxides
of nitrogen (NOX) from electric generating units (EGUs) to
limit the interstate transport of these pollutants and the ozone and
fine particulate matter they form in the atmosphere. The D.C. Circuit
Court initially vacated CAIR, North Carolina v. EPA, 531 F.3d 896 (D.C.
Cir. 2008), but ultimately remanded the rule to EPA without vacatur to
preserve the environmental benefits provided by CAIR, North Carolina v.
EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008). After staying implementation
of CSAPR on December 20, 2011 and instructing EPA to continue to
implement CAIR in the interim, on August 21, 2012, the D.C. Circuit
Court issued a decision to vacate CSAPR, with further instruction to
continue administering CAIR ``pending the promulgation of a valid
replacement.''
As stated in the April 11, 2014 NPR, Delaware does not rely on
either CAIR or CSAPR for emission reductions that contributed to the
Delaware portion of the Philadelphia Area's attainment of the 1997 and
2006 PM2.5 NAAQS, nor does the State rely on either of the
rules in its maintenance plans. However, because CAIR was promulgated
in 2005 and incentivized sources and states to begin achieving early
emission reductions, the air quality data examined by EPA in issuing
the final determinations of attainment for the Philadelphia Area for
the 1997 and 2006 PM2.5 NAAQS (77 FR 28782, May 16, 2012 and
78 FR 882, January 7, 2013)) and the air quality data from the area
since 2005 necessarily reflect reductions in emissions from upwind
sources as a result of CAIR.
Nonetheless, in this case, EPA believes that it is appropriate to
redesignate the Delaware portion of the Philadelphia Area. As stated in
the April 11, 2014 NPR, modeling conducted by EPA during the CSAPR
rulemaking process, which used a baseline emissions scenario that
``backed out'' the effects of CAIR, see 76 FR at 48223, projected that
the counties in the Philadelphia Area would have PM2.5
levels below the 1997 annual and 2006 24-hour PM2.5 NAAQS in
both 2012 and 2014 without taking into account emissions reductions
from CAIR or CSAPR. See ``Air Quality Modeling Final Rule Technical
Support Document,'' Appendix B, pages B-37, B-51, B-57, B-58, B-66, B-
80, B-86. This modeling is available in the docket for this rulemaking
action. In addition, the 2010-2012 quality-assured, quality-controlled,
and certified monitoring data for the Philadelphia Area confirms that
2012 PM2.5 annual design values for each monitoring site in
the Area remained well below the 1997 annual and 2006 24-hour
PM2.5 NAAQS, and thus the entire Area continued to attain
the standard in 2012. As stated in the NPR, 2010-2012 annual and 24-
hour design values for the Philadelphia Area are 13.1 micrograms per
cubic meter ([mu]g/m\3\) and 31 [mu]g/m\3\, respectively and
preliminary 2011-2013 annual and 24-hour design values of 12.3 [mu]g/
m\3\ and 28 [mu]g/m\3\, respectively. In addition, as stated in the
April 11, 2014 NPR, emissions of SO2 and NOX, the
two pollutants targeted by CAIR and CSAPR, have decreased greatly since
the Philadelphia Area was designated as nonattainment for the 1997 and
2006 PM2.5 NAAQS, and those reductions are projected to
continue throughout the maintenance period. Between 2002 and

[[Page 45352]]

2007, NOX and SO2 emissions were reduced by 25
percent and 70 percent, respectively, in the Delaware portion of the
Philadelphia Area. For maintenance of the 1997 annual NAAQS, between
2007 and 2025, NOX and SO2 emissions are
projected to decrease by 40 percent and 54 percent, respectively, in
the Delaware portion of the Philadelphia Area. For maintenance of the
2006 24-hour NAAQS, between 2008 and 2025, NOX and
SO2 emissions are projected to decrease by 38 percent and 61
percent, respectively, in the Delaware portion of the Philadelphia
Area. These reductions are due to a combination of strong state and
federal control measures that were listed in the NPR, and do not
include any emission reductions from CAIR or CSAPR.
The status of CSAPR is not relevant to these redesignations. CSAPR
was promulgated in June 2011, and the rule was stayed by the D.C.
Circuit Court just six months later, before the trading programs it
created were scheduled to go into effect. Therefore, the Philadelphia
Area's attainment of the 1997 annual and 2006 24-hour PM2.5
NAAQS cannot have been a result of any emission reductions associated
with CSAPR. In sum, neither the current status of CAIR nor the current
status of CSAPR affects any of the criteria for proposed approval of
these redesignation requests for the Delaware portion of the
Philadelphia Area.
Specific details of Delaware's submittals and the rationale for
EPA's proposed actions are explained in the NPR and will not be
restated here. No adverse public comments were received on the NPR. EPA
did receive one public comment in support of this rulemaking action,
which can be found in the publicly available docket for this rulemaking
action.

II. Final Action

EPA is approving Delaware's requests to redesignate the Delaware
portion of the Philadelphia Area from nonattainment to attainment for
the 1997 annual and the 2006 24-hour PM2.5 NAAQS. EPA has
evaluated Delaware's redesignation requests and determined that upon
approval of the 2007 comprehensive emissions inventory for the 2006 24-
hour PM2.5 NAAQS proposed as part of this rulemaking action,
it would meet the redesignation criteria set forth in section
107(d)(3)(E) of the CAA for both standards. As stated in greater detail
in the April 11, 2014 NPR, EPA believes that the monitoring data
demonstrate that the entire Philadelphia Area is attaining and will
continue to attain the 1997 annual and 2006 24-hour PM2.5
NAAQS. EPA is also proposing to approve the associated maintenance
plans for the Delaware portion of the Area as a revision to the
Delaware SIP for the 1997 annual and 2006 24-hour PM2.5
standards because they meet the requirements of CAA section 175A for
both standards. For transportation conformity purposes, EPA is also
proposing to approve MVEBs for both the 1997 annual and 2006 24-hour
PM2.5 standards. Final approval of the redesignation
requests would change the official designations of the Delaware portion
of the Philadelphia Area for the 1997 annual and the 2006 24-hour
PM2.5 NAAQS, respectively, found at 40 CFR part 81, from
nonattainment to attainment, and would incorporate into the Delaware
SIP the associated maintenance plans ensuring continued attainment of
the 1997 annual and 2006 24-hour PM2.5 NAAQS in the Delaware
portion of the Area for the next 10 years, until 2025.

III. Statutory and Executive Order Reviews

A. General Requirements

Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of geographical area
and do not impose any additional regulatory requirements on sources
beyond those required by state law. A redesignation to attainment does
not in and of itself impose any new requirements, but rather results in
the application of requirements contained in the CAA for areas that
have been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (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 rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

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

[[Page 45353]]

circuit by October 6, 2014. Filing a petition for reconsideration by
the Administrator of this final rule does not affect the finality of
this action for the purposes of judicial review nor does it extend the
time within which a petition for judicial review may be filed, and
shall not postpone the effectiveness of such rule or action. This
action, in which EPA is approving of the redesignation requests and
maintenance plans for the Delaware portion of the Philadelphia Area for
the 1997 annual and 2006 24-hour PM2.5 NAAQS, MVEBs included
in Delaware's maintenance plans for the Delaware portion of the Area
for both the 1997 annual and 2006 24-hour PM2.5 NAAQS, and
the 2007 comprehensive emissions inventory for the 2006 24-hour
PM2.5 NAAQS, may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen oxides, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Dated: July 11, 2014.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart I-- Delaware

0
2. In Sec. 52.420, the table in paragraph (e) is amended by adding
entries for the 1997 Annual and the 2006 24-Hour PM2.5
Maintenance Plans for the Delaware Portion of the Philadelphia-
Wilmington, PA-NJ-DE Area (New Castle County) at the end of the table
to read as follows:

Sec. 52.420 Identification of plan.

* * * * *
(e) * * *

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Name of non-regulatory SIP Applicable State Additional
revision geographic area submittal date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Maintenance plan contained in New Castle County.. 12/12/2012 8/5/2014 [Insert See Sec.
``Delaware Redesignation Request page number where 52.427(d).
and Maintenance Plan Under the the document
1997 Annual PM2.5 National begins].
Ambient Air Quality Standard For
the New Castle County Portion of
the Philadelphia-Wilmington, PA-
NJ-DE Nonattainment Area for
Fine Particles,'' dated November
27, 2012.
Maintenance plan contained in New Castle County.. 12/12/2012 8/5/2014 [Insert See Sec.
``Delaware Redesignation Request page number where 52.427(e).
and Maintenance Plan Under the the document
2006 Daily PM2.5 National begins].
Ambient Air Quality Standard For
the New Castle County Portion of
the Philadelphia-Wilmington, PA-
NJ-DE Nonattainment Area for
Fine Particles,'' dated November
27, 2012.
----------------------------------------------------------------------------------------------------------------

0
3. Section 52.423 is amended by revising the section heading and by
adding paragraph (d) to read as follows:

Sec. 52.423 Base year emissions inventory.

* * * * *
(d) EPA approves as a revision to the Delaware State Implementation
Plan the comprehensive emissions inventory for the Delaware portion of
the Philadelphia-Wilmington, PA-NJ-DE 2006 24-hour fine particulate
matter (PM2.5) nonattainment area submitted by the Delaware
Department of Natural Resources and Environmental Control on December
12, 2012. The 2007 year emissions inventory includes emissions
estimates that cover the general source categories of point sources,
non-road mobile sources, area sources, on-road mobile sources, and
biogenic sources for New Castle County, Delaware. The pollutants that
comprise the inventory are nitrogen oxides (NOX), volatile
organic compounds (VOCs), PM2.5, ammonia (NH3),
and sulfur dioxide (SO2).

0
4. Section 52.427 is amended by adding paragraphs (d) and (e) to read
as follows:

Sec. 52.427 Control strategy: Particular matter.

* * * * *
(d) EPA approves the maintenance plan for the Delaware portion of
the Philadelphia-Wilmington, PA-NJ-DE PM2.5 Nonattainment
Area (New Castle County) for the 1997 annual fine particulate matter
(PM2.5) national ambient air quality standard (NAAQS)
submitted by the Secretary of the Delaware Department of Natural
Resources and Environmental Control on December 12, 2012. The
maintenance plans include motor vehicle emission budgets in tons per
year (tpy) used for transportation conformity purposes for New Castle
County, Delaware.

New Castle County Motor Vehicle Emissions Budgets for the 1997 Annual PM2.5 NAAQS
[tpy]
----------------------------------------------------------------------------------------------------------------
Effective date
Type of control strategy SIP Year NOX PM2.5 of SIP
approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan...................... 2017 Interim Budget..... 6,273 199 9/4/2014
2025 Final Budget....... 6,273 199
----------------------------------------------------------------------------------------------------------------

[[Page 45354]]

(e) EPA approves the maintenance plan for the Delaware portion of
the Philadelphia-Wilmington, PA-NJ-DE PM2.5 Nonattainment
Area (New Castle County) for the 2006 24-hour fine particulate matter
(PM2.5) national ambient air quality standard (NAAQS)
submitted by the Secretary of the Delaware Department of Natural
Resources and Environmental Control on December 12, 2012. The
maintenance plans include motor vehicle emission budgets in tons per
year (tpy) used for transportation conformity purposes for New Castle
County, Delaware.

New Castle County Motor Vehicle Emissions Budgets for the 2006 24-Hour PM2.5 NAAQS
[tpy]
----------------------------------------------------------------------------------------------------------------
Effective date
Type of control strategy SIP Year NOX PM2.5 of SIP
approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan...................... 2017 Interim Budget..... 6,273 199 9/4/2014
2025 Final Budget....... 6,273 199
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
5. The authority citation for Part 81 continues to read as follows:

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

0
6. In Sec. 81.308, the tables for Delaware--1997 Annual
PM2.5 NAAQS [Primary and secondary] and Delaware--2006 24-
Hour PM2.5 NAAQS [Primary and secondary] are amended by
removing footnote number 2 in each table and revising the entries for
the Philadelphia-Wilmington, PA-NJ-DE Area to read as follows:

Sec. 81.308 Delaware.

* * * * *

Delaware--1997 Annual PM2.5 NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Classification
Designated area --------------------------------------------------------------------------
Date \1\ Type Date Type
----------------------------------------------------------------------------------------------------------------
Philadelphia-Wilmington, PA-NJ-DE: 8/5/2014 Attainment............... .............. ..............
New Castle County.

* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.

* * * * *

Delaware--2006 24-Hour PM2.5 NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Classification
Designated area --------------------------------------------------------------------------
Date \1\ Type Date Type
----------------------------------------------------------------------------------------------------------------
Philadelphia-Wilmington, PA-NJ-DE: 8/5/2014 Attainment............... .............. ..............
New Castle County.

* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.

* * * * *
[FR Doc. 2014-18205 Filed 8-4-14; 8:45 am]
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