[Federal Register Volume 79, Number 70 (Friday, April 11, 2014)]
[Proposed Rules]
[Pages 20139-20161]
[FR Doc No: 2014-08246]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2014-0022; FRL-9909-41-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: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve 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 proposing to approve 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 proposing to determine 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 proposing to approve the 2007 emissions inventory for the
Delaware portion of the Area for the 2006 24-hour PM2.5
NAAQS. In this rulemaking action, EPA also addresses the effects of two
decisions of the United States Court of Appeals for the District of
Columbia (D.C. Circuit or Court): The Court's August 21, 2012 decision
to vacate and remand to EPA the Cross-State Air Pollution Control Rule
(CSAPR); and the Court's January 4, 2013 decision to remand to EPA two
final rules implementing the 1997 annual PM2.5 standard.
This rulemaking action to propose approval of the 1997 annual and 2006
24-hour PM2.5 NAAQS redesignation requests and associated
maintenance plans for the Delaware portion of the Philadelphia Area is
based on EPA's determination that Delaware has met the criteria for
redesignation to attainment specified in the Clean Air Act (CAA) for
both the 1997 annual and 2006 24-hour PM2.5 standards. EPA
has taken separate rulemaking action to approve the redesignation of
the New Jersey portion of the Philadelphia Area for the 1997 annual and
2006 24-hour PM2.5 NAAQS. See 78 FR 54396.

DATES: Written comments must be received on or before May 12, 2014.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0022 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2014-0022, Cristina Fernandez, Associate
Director, Office of Air Quality Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0022. 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 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: Maria A. Pino,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. EPA's Requirements
    A. Criteria for Redesignation to Attainment
    B. Requirements of a Maintenance Plan
III. Summary of Proposed Actions
IV. Effects of Recent Court Decisions on Proposed Actions
    A. Effect of the August 21, 2012 D.C. Circuit Decision Regarding
EPA's CSAPR
    B. Effect of the January 4, 2013 D.C. Circuit Decision Regarding
PM2.5 Implementation Under Subpart 4 of Part D of Title I
of the CAA
V. EPA's Analysis of Delaware's Submittals
    A. Redesignation Requests
    B. Maintenance Plans
    C. Motor Vehicle Emissions Budgets
VI. Proposed Actions
VII. Statutory and Executive Order Reviews

I. Background

    The first air quality standards for PM2.5 were
established on July 16, 1997 (62 FR 38652, July 18, 1997). EPA
promulgated an annual standard at a level of 15 micrograms per cubic
meter ([mu]g/m\3\), based on a three-year average of annual mean
PM2.5 concentrations (the 1997 annual PM2.5
standard). In the same rulemaking action, EPA promulgated a 24-hour
standard of 65 [mu]g/m\3\, based on a three-year average of the 98th
percentile of 24-hour concentrations.
    On January 5, 2005 (70 FR 944, 1014), EPA published air quality
area designations for the 1997 PM2.5 standards. In that
rulemaking action, EPA designated the Philadelphia Area as
nonattainment for the 1997 annual PM2.5 standard. The
Philadelphia Area is comprised of New Castle County in Delaware (the
Delaware portion of the Area); Burlington, Camden, and Gloucester
Counties in New Jersey; and Bucks, Chester, Delaware, Montgomery, and
Philadelphia Counties in Pennsylvania. See 40 CFR 81.308 (Delaware), 40
CFR 81.331 (New Jersey), and 40 CFR 81.339 (Pennsylvania).
    On October 17, 2006 (71 FR 61144), EPA retained the annual average
standard at 15 [mu]g/m \3\, but revised the 24-hour standard to 35
[mu]g/m \3\, based again on the three-year average of the 98th
percentile of 24-hour concentrations (the 2006 annual PM2.5
standard). On November 13, 2009 (74 FR 58688), EPA published
designations for the 2006 24-hour PM2.5 NAAQS, which became
effective on December 14, 2009. In that rulemaking action, EPA
designated the Philadelphia Area as nonattainment for the 2006 24-hour
PM2.5 NAAQS. See 77 FR 58775 and also see 40 CFR 81.308
(Delaware), 40 CFR 81.331 (New Jersey), and 40 CFR 81.339
(Pennsylvania).

    In response to legal challenges of the 2006 annual PM2.5
standard, the D.C. Circuit remanded this standard to EPA for further
consideration. See American Farm Bureau Federation and National Pork
Producers Council, et al. v. EPA, 559 F.3d 512 (D.C. Cir. 2009).
However, given that the 1997 and 2006 annual PM2.5 standards
are essentially identical, attainment of the 1997 annual
PM2.5 standard would also indicate attainment of the
remanded 2006 annual PM2.5 standard. Since the Philadelphia
Area is designated nonattainment for the 1997 annual and 2006 24-hour
PM2.5 standards, today's proposed rulemaking action
addresses the redesignation to attainment of the Delaware portion of
the Philadelphia Area for these standards.
    On May 16, 2012 (77 FR 28782) and January 7, 2013 (78 FR 882), EPA
made determinations that the entire Philadelphia Area had attained the
1997 annual and 2006 24-hour PM2.5 NAAQS, respectively.
Pursuant to 40 CFR 51.1004(c) and based on these determinations, the
requirements for the Philadelphia Area to submit an attainment
demonstration and associated reasonably available control measures
(RACM), a reasonable further progress (RFP) plan, contingency measures,
and other planning SIPs related to the attainment of either the 1997
annual or 2006 24-hour PM2.5 NAAQS are suspended until such
time as: The Area is redesignated to attainment for each standard, at
which time the requirements no longer apply; or EPA determines that the
Area has again violated any of the standards, at which time such plans
are required to be submitted. However, these determinations of
attainment do not preclude states from submitting and EPA from
approving planning SIP revisions for the 1997 or 2006 PM2.5
NAAQS. Delaware submitted an attainment plan for the 1997
PM2.5 NAAQS, and EPA approved that plan on December 17, 2013
(78 FR 76209).
    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. Each submittal included a
maintenance plan as a SIP revision to ensure continued attainment of
the standards throughout the Delaware portion of the Area over the next
10 years. The December 12, 2012 submittal also includes a 2007
comprehensive emissions inventory for the 2006 24-hour PM2.5
NAAQS.
    In this proposed rulemaking action, EPA is taking into account two
recent decisions of the D.C. Circuit. In the first of the two Court
decisions, the D.C. Circuit, on August 21, 2012, issued EME Homer City
Generation, L.P. v. EPA, 696 F.3d 7 (D.C. Cir. 2012), which vacated and
remanded CSAPR and ordered EPA to continue administering the Clean Air
Interstate Rule (CAIR) ``pending . . . development of a valid
replacement.'' EME Homer City at 38. The D.C. Circuit denied all
petitions for rehearing on January 24, 2013. In the second decision, on
January 4, 2013, in Natural Resources Defense Council v. EPA, the D.C.
Circuit remanded to EPA the ``Final Clean Air Fine Particle
Implementation Rule'' (72 FR 20586, April 25, 2007) and the
``Implementation of the New Source Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers (PM2.5)'' final rule (73 FR
28321, May 16, 2008). 706 F.3d 428 (D.C. Cir. 2013).

II. EPA's Requirements

A. Criteria for Redesignation to Attainment

    The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) of the CAA
allows for redesignation providing that: (1) EPA determines that the
area has attained the applicable NAAQS; (2) EPA has fully approved the
applicable implementation plan for the area under section 110(k); (3)
EPA determines that the improvement in air quality is due to permanent
and enforceable reductions in emissions resulting from implementation
of the applicable SIP and applicable Federal air pollutant control
regulations and other permanent and enforceable reductions; (4) EPA has
fully approved a maintenance plan for the area as meeting the
requirements of section 175A of the CAA; and (5) the state containing
such area has met all requirements applicable to the area under section
110 and part D.
    EPA has provided guidance on redesignation in the ``State
Implementation Plans; General Preamble for the Implementation of Title
I of the Clean Air Act Amendments of 1990,'' (57 FR 13498, April 16,
1992) (the ``General Preamble'') and has provided further guidance on
processing redesignation requests in the following documents: (1)
``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (hereafter the ``1992 Calcagni
Memorandum''); (2) ``State Implementation Plan (SIP) Actions Submitted
in Response to Clean Air Act (CAA) Deadlines,'' Memorandum from John
Calcagni, Director, Air Quality Management Division, October 28, 1992;
and (3) ``Part D New Source Review (Part D NSR) Requirements for Areas
Requesting Redesignation to Attainment,'' Memorandum from Mary D.
Nichols, Assistant Administrator for Air and Radiation, October 14,
1994.

B. Requirements of a Maintenance Plan

    Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under section 175A, the plan must demonstrate continued attainment of
the applicable NAAQS for at least 10 years after approval of a
redesignation of an area to attainment. Eight years after the
redesignation, the state must submit a revised maintenance plan
demonstrating that attainment will continue to be maintained for the 10
years following the initial 10-year period. To address the possibility
of future NAAQS violations, the maintenance plan must contain such
contingency measures, with a schedule for implementation, as EPA deems
necessary to assure prompt correction of any future PM2.5
violations.
    The 1992 Calcagni Memorandum provides additional guidance on the
content of a maintenance plan. The memorandum states that a
PM2.5 maintenance plan should address the following
provisions: (1) An attainment emissions inventory; (2) a maintenance
demonstration showing maintenance for 10 years; (3) a commitment to
maintain the existing monitoring network; (4) verification of continued
attainment; and (5) a contingency plan to prevent or correct future
violations of the NAAQS.

III. Summary of Proposed Actions

    EPA is proposing to take several rulemaking actions related to the
redesignation of the Delaware portion of the Philadelphia Area to
attainment for both the 1997 annual and the 2006 24-hour
PM2.5 NAAQS. EPA is proposing to find that the Delaware
portion of the Area meets the requirements for redesignation of the
1997 annual and the 2006 24-hour PM2.5 NAAQS under section
107(d)(3)(E) of the CAA. EPA is thus proposing to approve Delaware's
requests to change the legal designation of the Delaware portion of the
Area from nonattainment to attainment for both the 1997 annual and 2006
24-hour PM2.5 NAAQS. This rulemaking action does not impact
the legal designation of the New Jersey and Pennsylvania portions of
the Philadelphia Area. On September 4, 2013 (78 FR 54396), EPA took

separate rulemaking action to redesignate to attainment the New Jersey
portion of the Area for both 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 revisions to the Delaware SIP
for the 1997 annual and 2006 24-hour PM2.5 NAAQS, including
the MVEBs for the Delaware portion of the Area for both the 1997 annual
and the 2006 24-hour PM2.5 standards. The approval of the
maintenance plans is one of the CAA criteria for redesignation of the
Delaware portion of the Area to attainment for both standards.
Delaware's maintenance plans are designed to ensure continued
attainment in the Delaware portion of the Area of the 1997 annual and
2006 24-hour PM2.5 standards, respectively, for 10 years
after redesignation.
    EPA previously determined that the Philadelphia Area has attained
both the 1997 annual and 2006 24-hour PM2.5 NAAQS, and EPA
is proposing to find that the Area continues to attain both standards.
Furthermore, under section 172(c)(3) of the CAA, EPA is proposing to
approve the 2007 comprehensive emissions inventory for the Delaware
portion of the Area as part of Delaware's SIP for the 2006 24-hour
PM2.5 NAAQS. EPA's analysis of the proposed actions is
provided in section V of today's proposed rulemaking action.

IV. Effects of Recent Court Decisions on Proposed Actions

A. Effect of the August 21, 2012 D.C. Circuit Decision Regarding EPA's
CSAPR

    Delaware has demonstrated that attainment of the 1997 annual and
2006 24-hour PM2.5 NAAQS will be maintained with or without
the implementation of CAIR or CSAPR. Delaware does not rely on either
CAIR or CSAPR in its maintenance plans for either the 1997 or the 2006
PM2.5 NAAQS, and demonstrates that emission reductions from
CAIR or CSAPR are not needed to maintain the 1997 annual and 2006 24-
hour PM2.5 NAAQS. In addition, modeling conducted by EPA
during the CSAPR rulemaking process also demonstrates that the counties
in the Philadelphia Area will 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,'' App. B, B-37, B-51, B-57, B-58, B-66, B-80, B-86. This
modeling is available in the docket for this proposed redesignation
action.
    Moreover, in its August 2012 decision, the Court also ordered EPA
to continue implementing CAIR. See EME Homer City Generation LP v. EPA,
696 F.3d 7 (D.C. Cir. 2012). In sum, neither the current status of CAIR
nor the current status of CSAPR affects any of the criteria for
proposed approval of this redesignation request for the Philadelphia
Area.

B. Effect of the January 4, 2013 D.C. Circuit Decision Regarding PM2.5
Implementation Under Subpart 4 of Part D of Title I of the CAA

1. Background
    As discussed previously, on January 4, 2013, in Natural Resources
Defense Council (NRDC) v. EPA, the D.C. Circuit remanded to EPA the
``Final Clean Air Fine Particle Implementation Rule'' (72 FR 20586,
April 25, 2007) and the ``Implementation of the New Source Review (NSR)
Program for Particulate Matter Less than 2.5 Micrometers
(PM2.5)'' final rule (73 FR 28321, May 16, 2008)
(collectively, ``1997 PM2.5 Implementation Rule''). 706 F.3d
428 (D.C. Cir. 2013). The Court found that EPA erred in implementing
the 1997 annual PM2.5 NAAQS pursuant to the general
implementation provisions of subpart 1 of part D of Title I of the CAA
(subpart 1), rather than the particulate-matter-specific provisions of
subpart 4 of Part D of Title I (subpart 4). Although the Court did not
directly address the 2006 24-hour PM2.5 standard, EPA is
taking into account the Court's position on subpart 4 and the 1997
annual PM2.5 standard in evaluating redesignations for the
2006 24-hour PM2.5 standard.
2. Proposal on This Issue
    EPA is proposing to determine that the Court's January 4, 2013
decision does not prevent EPA from redesignating the Delaware portion
of the Philadelphia Area to attainment for either the 1997 annual or
the 2006 24-hour PM2.5 NAAQS. Even in light of the Court's
decision, redesignation for this Area is appropriate under the CAA and
EPA's longstanding interpretations of the CAA's provisions regarding
redesignation. EPA first explains its longstanding interpretation that
requirements that are imposed, or that become due, after a complete
redesignation request is submitted for an area that is attaining the
standard, are not applicable for purposes of evaluating a redesignation
request. Second, EPA then shows that, even if EPA applies the subpart 4
requirements to the Delaware redesignation requests and disregards the
provisions of its 1997 PM2.5 Implementation Rule recently
remanded by the Court, the State's request for redesignation of the
Area still qualifies for approval. EPA's discussion takes into account
the effect of the Court's ruling on the Area's maintenance plan, which
EPA views as approvable when subpart 4 requirements are considered.
a. Applicable Requirements for Purposes of Evaluating the Redesignation
Requests
    With respect to the 1997 PM2.5 Implementation Rule, the
Court's January 4, 2013 ruling rejected EPA's reasons for implementing
the PM2.5 NAAQS solely in accordance with the provisions of
subpart 1, and remanded that matter to EPA, so that it could address
implementation of the 1997 annual PM2.5 NAAQS under subpart
4, in addition to subpart 1. For the purposes of evaluating Delaware's
redesignation request for the Delaware portion of the Area, to the
extent that implementation under subpart 4 would impose additional
requirements for areas designated nonattainment, EPA believes that
those requirements are not ``applicable'' for the purposes of CAA
section 107(d)(3)(E), and thus EPA is not required to consider subpart
4 requirements with respect to the redesignation of the Delaware
portion of the Philadelphia Area. Under its longstanding interpretation
of the CAA, EPA has interpreted section 107(d)(3)(E) to mean, as a
threshold matter, that the part D provisions which are ``applicable''
and which must be approved in order for EPA to redesignate an area
include only those which came due prior to a state's submittal of a
complete redesignation request. See 1992 Calcagni Memorandum. See also
``State Implementation Plan (SIP) Requirements for Areas Submitting
Requests for Redesignation to Attainment of the Ozone and Carbon
Monoxide (CO) National Ambient Air Quality Standards (NAAQS) on or
after November 15, 1992,'' Memorandum from Michael Shapiro, Acting
Assistant Administrator, Air and Radiation, September 17, 1993 (Shapiro
memorandum); Final Redesignation of Detroit-Ann Arbor, (60 FR 12459,
12465-66, March 7, 1995); Final Redesignation of St. Louis, Missouri,
(68 FR 25418, 25424-27, May 12, 2003); Sierra Club v. EPA, 375 F.3d
537, 541 (7th Cir. 2004) (upholding EPA's redesignation rulemaking
applying this interpretation and expressly rejecting Sierra Club's view
that the meaning of

``applicable'' under the statute is ``whatever should have been in the
plan at the time of attainment rather than whatever actually was in the
plan and already implemented or due at the time of attainment'').\1\ In
this case, at the time that Delaware submitted its redesignation
requests for both standards, the requirements under subpart 4 were not
due, and indeed, were not yet known to apply.
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    \1\ Applicable requirements of the CAA that come due subsequent
to the area's submittal of a complete redesignation request remain
applicable until a redesignation is approved, but are not required
as a prerequisite to redesignation. Section 175A(c) of the CAA.
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    EPA's view that, for purposes of evaluating the redesignation of
the Delaware portion of the Philadelphia Area, the subpart 4
requirements were not due at the time Delaware submitted the
redesignation requests is in keeping with the EPA's interpretation of
subpart 2 requirements for subpart 1 ozone areas redesignated
subsequent to the D.C. Circuit's decision in South Coast Air Quality
Mgmt. Dist. v. EPA, 472 F.3d 882 (D.C. Cir. 2006). In South Coast, the
Court found that EPA was not permitted to implement the 1997 8-hour
ozone standard solely under subpart 1, and held that EPA was required
under the statute to implement the standard under the ozone-specific
requirements of subpart 2 as well. Subsequent to the South Coast
decision, in evaluating and acting upon redesignation requests for the
1997 8-hour ozone standard that were submitted to EPA for areas under
subpart 1, EPA applied its longstanding interpretation of the CAA that
``applicable requirements,'' for purposes of evaluating a
redesignation, are those that had been due at the time the
redesignation request was submitted. See, e.g., Proposed Redesignation
of Manitowoc County and Door County Nonattainment Areas (75 FR 22047,
22050, April 27, 2010). In those actions, EPA, therefore, did not
consider subpart 2 requirements to be ``applicable'' for the purposes
of evaluating whether the area should be redesignated under section
107(d)(3)(E).
    EPA's interpretation derives from the provisions of section
107(d)(3). Section 107(d)(3)(E)(v) states that, for an area to be
redesignated, a state must meet ``all requirements `applicable' to the
area under section 110 and part D.'' Section 107(d)(3)(E)(ii) provides
that the EPA must have fully approved the ``applicable'' SIP for the
area seeking redesignation. These two sections read together support
EPA's interpretation of ``applicable'' as only those requirements that
came due prior to submission of a complete redesignation request.
First, holding states to an ongoing obligation to adopt new CAA
requirements that arose after the state submitted its redesignation
request, in order to be redesignated, would make it problematic or
impossible for EPA to act on redesignation requests in accordance with
the 18-month deadline Congress set for EPA action in section
107(d)(3)(D). If ``applicable requirements'' were interpreted to be a
continuing flow of requirements with no reasonable limitation, states,
after submitting a redesignation request, would be forced continuously
to make additional SIP submissions that in turn would require EPA to
undertake further notice-and-comment rulemaking actions to act on those
submissions. This would create a regime of unceasing rulemaking that
would delay action on the redesignation request beyond the 18-month
timeframe provided by the CAA for this purpose.
    Second, a fundamental premise for redesignating a nonattainment
area to attainment is that the area has attained the relevant NAAQS due
to emission reductions from existing controls. Thus, an area for which
a redesignation request has been submitted would have already attained
the NAAQS as a result of satisfying statutory requirements that came
due prior to the submission of the request. Absent a showing that
unadopted and unimplemented requirements are necessary for future
maintenance, it is reasonable to view the requirements applicable for
purposes of evaluating the redesignation request as including only
those SIP requirements that have already come due. These are the
requirements that led to attainment of the NAAQS. To require, for
redesignation approval, that a state also satisfy additional SIP
requirements coming due after the state submits its complete
redesignation request, and while EPA is reviewing it, would compel the
state to do more than is necessary to attain the NAAQS, without a
showing that the additional requirements are necessary for maintenance.
    In the context of this redesignation, the timing and nature of the
Court's January 4, 2013 decision in NRDC v. EPA compound the
consequences of imposing requirements that come due after the
redesignation request is submitted. Delaware submitted its two
redesignation requests for the 1997 annual and the 2006 24-hour
PM2.5 NAAQS on December 12, 2012, but the Court did not
issue its decision remanding EPA's 1997 PM2.5 Implementation
Rule concerning the applicability of the provisions of subpart 4 until
January 2013.
    To require Delaware's fully-completed and pending redesignation
requests for both the 1997 annual and the 2006 24-hour PM2.5
NAAQS to comply now with requirements of subpart 4 that the Court
announced only in its January 2013 decision on the 1997
PM2.5 Implementation Rule, would be to give retroactive
effect to such requirements when the State had no notice that it was
required to meet them. The D.C. Circuit recognized the inequity of this
type of retroactive impact in Sierra Club v. Whitman, 285 F.3d 63 (D.C.
Cir. 2002),\2\ where it upheld the District Court's ruling refusing to
make retroactive EPA's determination that the St. Louis area did not
meet its attainment deadline. In that case, petitioners urged the Court
to make EPA's nonattainment determination effective as of the date that
the statute required, rather than the later date on which EPA actually
made the determination. The Court rejected this view, stating that
applying it ``would likely impose large costs on States, which would
face fines and suits for not implementing air pollution prevention
plans . . . even though they were not on notice at the time.'' Id. at
68. Similarly, it would be unreasonable to penalize the State of
Delaware by rejecting its redesignation request for an area that is
already attaining both the 1997 annual and 2006 24-hour
PM2.5 standards and that met all applicable requirements
known to be in effect at the time of the requests. For EPA now to
reject the redesignation requests solely because the State did not
expressly address subpart 4 requirements of which it had no notice,
would inflict the same unfairness condemned by the Court in Sierra Club
v. Whitman.
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    \2\ Sierra Club v. Whitman was discussed and distinguished in a
recent D.C. Circuit decision that addressed retroactivity in a quite
different context, where, unlike the situation here, EPA sought to
give its regulations retroactive effect. National Petrochemical and
Refiners Ass'n v. EPA. 630 F.3d 145, 163 (D.C. Cir. 2010), rehearing
denied 643 F.3d 958 (D.C. Cir. 2011), cert denied 132 S. Ct. 571
(2011).
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b. Subpart 4 Requirements and Delaware Redesignation Requests
    Even if EPA were to take the view that the Court's January 4, 2013
decision requires that, in the context of pending redesignations for
either the 1997 annual or 2006 24-hour PM2.5 standards,
subpart 4 requirements were due and in effect at the time Delaware
submitted its redesignation requests, EPA proposes to determine that
the Delaware portion of the Philadelphia Area still qualifies for
redesignation to attainment for both the 1997 annual and 2006 24-hour
PM2.5

standards. As explained subsequently, EPA believes that the two
redesignation requests for the Delaware portion of the Philadelphia
Area, though not expressed in terms of subpart 4 requirements,
substantively meet the requirements of that subpart for purposes of
redesignating the Delaware portion of the Area to attainment for both
standards.
    With respect to evaluating the relevant substantive requirements of
subpart 4 for purposes of redesignating the Delaware portion of the
Philadelphia Area, EPA notes that subpart 4 incorporates components of
subpart 1 of part D, which contains general air quality planning
requirements for areas designated as nonattainment. See section 172(c).
Subpart 4 itself contains specific planning and scheduling requirements
for coarse particulate matter (PM10) \3\ nonattainment
areas, and under the Court's January 4, 2013 decision in NRDC v. EPA,
these same statutory requirements also apply for PM2.5
nonattainment areas. EPA has longstanding general guidance that
interprets the 1990 amendments to the CAA, making recommendations to
states for meeting the statutory requirements for SIPs for
nonattainment areas. See, the General Preamble. In the General
Preamble, EPA discussed the relationship of subpart 1 and subpart 4 SIP
requirements, and pointed out that subpart 1 requirements were to an
extent ``subsumed by, or integrally related to, the more specific
PM10 requirements'' (57 FR 13538, April 16, 1992). The
subpart 1 requirements include, among other things, provisions for
attainment demonstrations, RACM, RFP, emissions inventories, and
contingency measures.
---------------------------------------------------------------------------

    \3\ PM10 refers to particulates nominally 10
micrometers in diameter or smaller.
---------------------------------------------------------------------------

    For the purposes of these redesignation requests, in order to
identify any additional requirements which would apply under subpart 4,
EPA is considering the Philadelphia Area to be a ``moderate''
PM2.5 nonattainment area. Under section 188 of the CAA, all
areas designated nonattainment areas under subpart 4 would initially be
classified by operation of law as ``moderate'' nonattainment areas, and
would remain moderate nonattainment areas unless and until EPA
reclassifies the area as a ``serious'' nonattainment area. Accordingly,
EPA believes that it is appropriate to limit the evaluation of the
potential impact of subpart 4 requirements to those that would be
applicable to moderate nonattainment areas. Sections 189(a) and (c) of
subpart 4 apply to moderate nonattainment areas and include the
following: (1) An approved permit program for construction of new and
modified major stationary sources (section 189(a)(1)(A)); (2) an
attainment demonstration (section 189(a)(1)(B)); (3) provisions for
RACM (section 189(a)(1)(C)); and (4) quantitative milestones
demonstrating RFP toward attainment by the applicable attainment date
(section 189(c)).
    The permit requirements of subpart 4, as contained in section
189(a)(1)(A), refer to and apply the subpart 1 permit provisions
requirements of sections 172 and 173 to PM10, without adding
to them. Consequently, EPA believes that section 189(a)(1)(A) does not
itself impose for redesignation purposes any additional requirements
for moderate areas beyond those contained in subpart 1.\4\ In any
event, in the context of redesignation, EPA has long relied on the
interpretation that a fully approved nonattainment new source review
program is not considered an applicable requirement for redesignation,
provided the area can maintain the standard with a prevention of
significant deterioration (PSD) program after redesignation. A detailed
rationale for this view is described in a memorandum from Mary Nichols,
Assistant Administrator for Air and Radiation, dated October 14, 1994,
entitled, ``Part D New Source Review Requirements for Areas Requesting
Redesignation to Attainment.'' See also rulemakings for Detroit,
Michigan (60 FR 12467-12468, March 7, 1995); Cleveland-Akron-Lorain,
Ohio (61 FR 20458, 20469-20470, May 7, 1996); Louisville, Kentucky (66
FR 53665, October 23, 2001); and Grand Rapids, Michigan (61 FR 31834-
31837, June 21, 1996).
---------------------------------------------------------------------------

    \4\ The potential effect of section 189(e) on section
189(a)(1)(A) for purposes of evaluating these redesignation requests
is discussed in this rulemaking action.
---------------------------------------------------------------------------

    With respect to the specific attainment planning requirements under
subpart 4,\5\ when EPA evaluates a redesignation request under either
subpart 1 and/or 4, any area that is attaining the PM2.5
standards is viewed as having satisfied the attainment planning
requirements for these subparts. For redesignations, EPA has for many
years interpreted attainment-linked requirements as not applicable for
areas attaining the standard. In the General Preamble, EPA stated that,
``The requirements for RFP will not apply in evaluating a request for
redesignation to attainment since, at a minimum, the air quality data
for the area must show that the area has already attained. Showing that
the State will make RFP towards attainment will, therefore, have no
meaning at that point.'' See 57 FR 13564.
---------------------------------------------------------------------------

    \5\ I.e., attainment demonstration, RFP, RACM, milestone
requirements, contingency measures.
---------------------------------------------------------------------------

    The General Preamble also explained that, ``[t]he section 172(c)(9)
requirements are directed at ensuring RFP and attainment by the
applicable date. These requirements no longer apply when an area has
attained the standard and is eligible for redesignation. Furthermore,
section 175A for maintenance plans . . . provides specific requirements
for contingency measures that effectively supersede the requirements of
section 172(c)(9) for these areas.'' Id. EPA similarly stated in its
1992 Calcagni Memorandum that, ``The requirements for reasonable
further progress and other measures needed for attainment will not
apply for redesignations because they only have meaning for areas not
attaining the standard.''
    It is evident that even if we were to consider the Court's January
4, 2013 decision in NRDC v. EPA to mean that attainment-related
requirements specific to subpart 4 should be imposed retroactively \6\
and, thus, are now past due, those requirements do not apply to an area
that is attaining the 1997 annual and/or the 2006 24-hour
PM2.5 NAAQS, for the purpose of evaluating a pending request
to redesignate the area to attainment. EPA has consistently enunciated
this interpretation of applicable requirements under section
107(d)(3)(E) since the General Preamble was published more than twenty
years ago. Courts have recognized the scope of EPA's authority to
interpret ``applicable requirements'' in the redesignation context. See
Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004).
---------------------------------------------------------------------------

    \6\ As EPA has explained previously, we do not believe that the
Court's January 4, 2013 decision should be interpreted so as to
impose these requirements on the states retroactively. Sierra Club
v. Whitman, supra.
---------------------------------------------------------------------------

    Moreover, even outside the context of redesignations, EPA has
viewed the obligations to submit attainment-related SIP planning
requirements of subpart 4 as inapplicable for areas that EPA determines
are attaining the 1997 annual and/or the 2006 24-hour PM2.5
standard. EPA's prior ``Clean Data Policy'' rulemakings for the
PM10 NAAQS, also governed by the requirements of subpart 4,
explain EPA's reasoning. They describe the effects of a determination
of attainment on the attainment-related SIP planning requirements of
subpart 4. See ``Determination of Attainment for Coso Junction
Nonattainment Area,'' (75 FR

27944, May 19, 2010). See also Coso Junction Proposed PM10
Redesignation, (75 FR 36023, 36027, June 24, 2010); Proposed and Final
Determinations of Attainment for San Joaquin Nonattainment Area (71 FR
40952, 40954-55, July 19, 2006 and 71 FR 63641, 63643-47, October 30,
2006). In short, EPA in this context has also long concluded that to
require states to meet superfluous SIP planning requirements is not
necessary and not required by the CAA, so long as those areas continue
to attain the relevant NAAQS.
    Elsewhere in this notice, EPA proposes to determine that the
Philadelphia Area has attained both the 1997 annual and 2006 24-hour
PM2.5 NAAQS. Under its longstanding interpretation, EPA is
proposing to determine here that the Delaware portion of the Area meets
the attainment-related plan requirements of subparts 1 and 4 for both
the 1997 annual and 2006 24-hour PM2.5 NAAQS. Thus, EPA is
proposing to conclude that the requirements to submit an attainment
demonstration under 189(a)(1)(B), a RACM determination under section
172(c)(1) and section 189(a)(1)(c), a RFP demonstration under
189(c)(1), and contingency measure requirements under section 172(c)(9)
are satisfied for purposes of evaluating these redesignation requests.
c. Subpart 4 and Control of PM2.5 Precursors
    The D.C. Circuit in NRDC v. EPA remanded to EPA the two rules at
issue in the case with instructions to EPA to re-promulgate them
consistent with the requirements of subpart 4. EPA in this section
addresses the Court's opinion with respect to PM2.5
precursors. While past implementation of subpart 4 for PM10
has allowed for control of PM10 precursors such as
NOX from major stationary, mobile, and area sources in order
to attain the standard as expeditiously as practicable, CAA section
189(e) specifically provides that control requirements for major
stationary sources of direct PM10 shall also apply to
PM10 precursors from those sources, except where EPA
determines that major stationary sources of such precursors ``do not
contribute significantly to PM10 levels which exceed the
standard in the area.''
    EPA's 1997 PM2.5 implementation rule, remanded by the
D.C. Circuit, contained rebuttable presumptions concerning certain
PM2.5 precursors applicable to attainment plans and control
measures related to those plans. Specifically, in 40 CFR 51.1002, EPA
provided, among other things, that a state was ``not required to
address VOC [and ammonia] as . . . PM2.5 attainment plan
precursor[s] and to evaluate sources of VOC [and ammonia] emissions in
the State for control measures.'' EPA intended these to be rebuttable
presumptions. EPA established these presumptions at the time because of
uncertainties regarding the emission inventories for these pollutants
and the effectiveness of specific control measures in various regions
of the country in reducing PM2.5 concentrations. EPA also
left open the possibility for such regulation of VOC and ammonia in
specific areas where that was necessary.
    The Court in its January 4, 2013 decision made reference to both
section 189(e) and 40 CFR 51.1002, and stated that, ``In light of our
disposition, we need not address the petitioners' challenge to the
presumptions in [40 CFR 51.1002] that volatile organic compounds and
ammonia are not PM2.5 precursors, as subpart 4 expressly
governs precursor presumptions.'' NRDC v. EPA, at 27, n.10.
    Elsewhere in the Court's opinion, however, the Court observed,
``Ammonia is a precursor to fine particulate matter, making it a
precursor to both PM2.5 and PM10. For a
PM10 nonattainment area governed by subpart 4, a precursor
is presumptively regulated. See 42 U.S.C. 7513a(e) [section 189(e)].''
Id. at 21, n.7.
    For a number of reasons, EPA believes that its proposed
redesignation of the Delaware portion of the Philadelphia Area is
consistent with the Court's decision on this aspect of subpart 4.
First, while the Court, citing section 189(e), stated that ``for a
PM10 area governed by subpart 4, a precursor is
`presumptively regulated,' '' the Court expressly declined to decide
the specific challenge to EPA's 1997 PM2.5 implementation
rule provisions regarding ammonia and VOC as precursors. The Court had
no occasion to reach whether and how it was substantively necessary to
regulate any specific precursor in a particular PM2.5
nonattainment area, and did not address what might be necessary for
purposes of acting upon a redesignation request.
    However, even if EPA takes the view that the requirements of
subpart 4 were deemed applicable at the time the state submitted the
redesignation request, and disregards the implementation rule's
rebuttable presumptions regarding ammonia and VOC as PM2.5
precursors, the regulatory consequence would be to consider the need
for regulation of all precursors from any sources in the area to
demonstrate attainment and to apply the section 189(e) provisions to
major stationary sources of precursors. In the case of the Delaware
portion of the Philadelphia Area, EPA believes that doing so is
consistent with proposing redesignation of the area for the 1997 annual
and 2006 24-hour PM2.5 standard. The Philadelphia Area has
attained the standard without any specific additional controls of VOC
and ammonia emissions from any sources in the area.
    Precursors in subpart 4 are specifically regulated under the
provisions of section 189(e), which requires, with important
exceptions, control requirements for major stationary sources of
PM10 precursors.\7\ Under subpart 1 and EPA's prior
implementation rule, all major stationary sources of PM2.5
precursors were subject to regulation, with the exception of ammonia
and VOC. Thus, EPA must address here whether additional controls of
ammonia and VOC from major stationary sources are required under
section 189(e) of subpart 4 in order to redesignate the area for the
1997 annual and 2006 24-hour PM2.5 standards. As explained
further in this rulemaking action, EPA does not believe that any
additional controls of ammonia and VOC are required in the context of
this redesignation.
---------------------------------------------------------------------------

    \7\ Under either subpart 1 or subpart 4, for purposes of
demonstrating attainment as expeditiously as practicable, a state is
required to evaluate all economically and technologically feasible
control measures for direct PM emissions and precursor emissions,
and adopt those measures that are deemed reasonably available.
---------------------------------------------------------------------------

    In the General Preamble, EPA discusses its approach to implementing
section 189(e). See 57 FR 13538-13542. With regard to precursor
regulation under section 189(e), the General Preamble explicitly stated
that control of VOCs under other CAA requirements may suffice to
relieve a state from the need to adopt precursor controls under section
189(e). See 57 FR 13542. In this proposed rulemaking action, EPA
proposes to determine that the SIP has met the provisions of section
189(e) with respect to ammonia and VOCs as precursors. This proposed
determination is based on EPA's findings that (1) the Delaware portion
of the Philadelphia Area contains no major stationary sources of
ammonia, and (2) existing major stationary sources of VOC are
adequately controlled under other provisions of the CAA regulating the
ozone NAAQS.\8\ In the alternative, EPA proposes to determine that,
under the express exception provisions of section

189(e), and in the context of the redesignation of the area, which is
attaining the 1997 annual and 2006 24-hour PM2.5 standards,
at present ammonia and VOC precursors from major stationary sources do
not contribute significantly to levels exceeding the 1997 annual and
2006 24-hour PM2.5 standards in the Philadelphia Area. See
57 FR 13539-42.
---------------------------------------------------------------------------

    \8\ The Philadelphia Area has reduced VOC emissions through the
implementation of various control programs including VOC Reasonably
Available Control Technology regulations and various on-road and
non-road motor vehicle control programs.
---------------------------------------------------------------------------

    EPA notes that its 1997 annual PM2.5 implementation rule
provisions in 40 CFR 51.1002 were not directed at evaluation of
PM2.5 precursors in the context of redesignation, but at SIP
plans and control measures required to bring a nonattainment area into
attainment of the 1997 PM2.5 NAAQS. By contrast,
redesignation to attainment primarily requires the area to have already
attained due to permanent and enforceable emission reductions, and to
demonstrate that controls in place can continue to maintain the
standard. Thus, even if we regard the Court's January 4, 2013 decision
as calling for ``presumptive regulation'' of ammonia and VOC for
PM2.5 under the attainment planning provisions of subpart 4,
those provisions in and of themselves do not require additional
controls of these precursors for an area that already qualifies for
redesignation. Nor does EPA believe that requiring Delaware to address
precursors differently than they have already would result in a
substantively different outcome.
    Although, as EPA has emphasized, its consideration here of
precursor requirements under subpart 4 is in the context of a
redesignation to attainment, EPA's existing interpretation of subpart 4
requirements with respect to precursors in attainment plans for
PM10 contemplates that states may develop attainment plans
that regulate only those precursors that are necessary for purposes of
attainment in the area in question, i.e., states may determine that
only certain precursors need be regulated for attainment and control
purposes.\9\ Courts have upheld this approach to the requirements of
subpart 4 for PM10.\10\ EPA believes that application of
this approach to PM2.5 precursors under subpart 4 is
reasonable. Because the Philadelphia Area has already attained the 1997
annual and 2006 24-hour PM2.5 NAAQS with its current
approach to regulation of PM2.5 precursors, EPA believes
that it is reasonable to conclude in the context of this redesignation
that there is no need to revisit the attainment control strategy with
respect to the treatment of precursors. Even if the Court's decision is
construed to impose an obligation, in evaluating this redesignation
request, to consider additional precursors under subpart 4, it would
not affect EPA's approval here of Delaware's request for redesignation
of the Delaware portion of the Philadelphia Area. In the context of a
redesignation, the Area has shown that it has attained the standard.
Moreover, the State has shown and EPA has proposed to determine that
attainment in this area is due to permanent and enforceable emissions
reductions on all precursors necessary to provide for continued
attainment. It follows logically that no further control of additional
precursors is necessary. Accordingly, EPA does not view the January 4,
2013 decision of the Court as precluding redesignation of the Delaware
portion of the Philadelphia Area to attainment for the 1997 annual and
2006 24-hour PM2.5 NAAQS at this time.
---------------------------------------------------------------------------

    \9\ See, e.g., ``Approval and Promulgation of Implementation
Plans for California--San Joaquin Valley PM-10 Nonattainment Area;
Serious Area Plan for Nonattainment of the 24-Hour and Annual PM-10
Standards,'' 69 FR 30006 (May 26, 2004) (approving a PM10
attainment plan that impose controls on direct PM10 and
NOX emissions and did not impose controls on
SO2, VOC, or ammonia emissions).
    \10\ See, e.g., Assoc. of Irritated Residents v. EPA et al., 423
F.3d 989 (9th Cir. 2005).
---------------------------------------------------------------------------

    In sum, even if Delaware were required to address precursors for
the Delaware portion of the Philadelphia Area under subpart 4 rather
than under subpart 1, as interpreted in EPA's remanded PM2.5
implementation rule, EPA would still conclude that the area had met all
applicable requirements for purposes of redesignation in accordance
with section 107(d)(3(E)(ii) and (v).

V. EPA's Analysis of Delaware's Submittals

    EPA is proposing several rulemaking actions for the Area: (1) To
redesignate the Delaware portion of the Area to attainment for both the
1997 annual and the 2006 24-hour PM2.5 NAAQS; and (2) to
approve into the Delaware SIP the associated maintenance plans for both
the 1997 annual and the 2006 24-hour PM2.5 NAAQS. EPA is
also proposing in this rulemaking action to approve the 2007
comprehensive emissions inventory to satisfy section 172(c)(3)
requirement for the 2006 24-hour PM2.5 NAAQS, which is one
of the criteria for redesignation. EPA's proposed approvals of the
redesignation requests and maintenance plans for the 1997 annual and
2006 24-hour PM2.5 NAAQS are based upon EPA's determination
that the Area continues to attain both standards, which EPA is
proposing in this rulemaking action, and that all other redesignation
criteria have been met for the Delaware portion of the Area. The
following is a description of how the Delaware's December 12, 2012
submittals satisfy the requirements of section 107(d)(3)(E) of the CAA
for the 1997 annual and 2006 24-hour PM2.5 standards.

A. Redesignation Requests

1. Attainment
    On January 23, 2012, EPA published a direct final rulemaking (77 FR
3147) and companion notice of proposed rulemaking (NPR) (77 FR 3223),
proposing to determine that the Philadelphia Area attained the 1997
PM2.5 NAAQS by its attainment date and that the Philadelphia
Area continued to attain the 1997 annual PM2.5 standard.
Because EPA received adverse comments, EPA withdrew the direct final
rule on March 13, 2012 (77 FR 14697), and the direct final rule was
converted to a proposed rule. In a final rulemaking action dated May
16, 2012 (77 FR 28782), EPA determined that the entire Philadelphia
Area attained the 1997 annual PM2.5 NAAQS by its applicable
attainment date, based upon quality-assured and certified ambient air
quality monitoring data for the period of 2007-2009, and continued to
attain that standard based upon quality-assured and certified ambient
air quality monitoring data for the period of 2008-2010. In a separate
rulemaking action dated January 7, 2013 (78 FR 882), EPA also
determined that the Philadelphia Area has attained the 2006 24-hour
PM2.5 standard, based on quality-assured and certified
ambient air quality monitoring data for 2008-2010 and 2009-2011. The
basis and effect of these determinations of attainment for both the
1997 and 2006 PM2.5 NAAQS were discussed in the notices of
the proposed (77 FR 3147 and 77 FR 60089, respectively) and final (77
FR 28782 and 78 FR 882, respectively) rulemakings.
    EPA has reviewed the ambient air quality PM2.5
monitoring data in the Philadelphia Area, consistent with the
requirements contained at 40 CFR part 50, and recorded in EPA's Air
Quality System (AQS), including quality-assured, quality-controlled,
and state-certified data for the monitoring periods 2009-2011 and 2010-
2012 and preliminary data for 2011-2013. The air quality data show that
the Philadelphia Area continues to attain both the 1997 annual and 2006
24-hour PM2.5 NAAQS. The Area's annual and 24-hour
PM2.5 design values\11\ are provided in Tables 1 and 2,
respectively.
---------------------------------------------------------------------------

    \11\ As defined in 40 CFR part 50, Appendix N, section (1)(c).

Table 1--Philadelphia Area's Annual Design Values for the 2006 24-Hour PM2.5 Standard for the 2010-2012 and 2011-
                                     2013 Monitoring Periods, in [mu]g/m\3\
----------------------------------------------------------------------------------------------------------------
                                                                            Annual design values
                                                          ------------------------------------------------------
               State                        County                                                  Preliminary
                                                                 2009-2011           2010-2012       2011-2013
----------------------------------------------------------------------------------------------------------------
Delaware..........................  New Castle...........  10.7.................            10.4             9.9
New Jersey........................  Camden...............  9.7..................             9.7             9.9
                                                          ------------------------------------------------------
                                    Burlington...........                       No monitor.
                                                          ------------------------------------------------------
                                    Gloucester...........  9.7..................             9.5             9.3
Pennsylvania......................  Bucks................  10.9.................            10.9            10.8
                                    Chester..............  13.7.................            12.3            11.1
                                    Delaware.............  12.7.................            13.1            12.3
                                    Montgomery...........  10.1.................             9.8             9.7
                                    Philadelphia.........  11.4.................            11.0            10.9
----------------------------------------------------------------------------------------------------------------
                Area's Annual Design Value                 13.7.................            13.1            12.3
----------------------------------------------------------------------------------------------------------------
Source: EPA AQS.

  Table 2--Philadelphia Area's 24-Hour Design Values for the 2006 24-Hour PM2.5 Standard for the 2010-2012 and
                                   2011-2013 Monitoring Periods, in [mu]g/m\3\
----------------------------------------------------------------------------------------------------------------
                                                                           24-Hour design values
                                                          ------------------------------------------------------
               State                        County                                                  Preliminary
                                                                 2009-2011           2010-2012       2011-2013
----------------------------------------------------------------------------------------------------------------
Delaware..........................  New Castle...........  27...................              26              24
New Jersey........................  Camden...............  24...................              23              25
                                                          ------------------------------------------------------
                                    Burlington...........                       No monitor.
                                                          ------------------------------------------------------
                                    Gloucester...........  22...................              22              23
Pennsylvania......................  Bucks................  28...................              29              29
                                    Chester..............  33...................              31              28
                                    Delaware.............  30...................              31              29
                                    Montgomery...........  27...................              25              24
                                    Philadelphia.........  29...................              28              29
----------------------------------------------------------------------------------------------------------------
                Area's Annual Design Value                 33...................              31             29
----------------------------------------------------------------------------------------------------------------
Source: EPA AQS.

    EPA's review of the monitoring data for 2009-2011, 2010-2012
supports EPA's previous determinations that the Area has attained the
1997 annual and 2006 24-hour PM2.5 NAAQS, and that the Area
continues to attain both standards. Preliminary 2013 data is consistent
with attainment. Please note that preliminary 2013 data is uncertified.
States are required to certify 2013 data by May 1, 2014. In addition,
as discussed subsequently, with respect to the maintenance plan,
Delaware has committed to continue monitoring ambient PM2.5
concentrations in accordance with 40 CFR part 58. Thus, EPA is
proposing to determine that the Philadelphia Area continues to attain
the 1997 annual and 2006 24-hour PM2.5 NAAQS.
2. The Area has Met All Applicable Requirements Under Section 110 and
Subpart 1 of the CAA and Has a Fully Approved SIP Under Section 110(k)
    In accordance with section 107(d)(3)(E)(v), the SIP revisions for
the 1997 annual and 2006 24-hour PM2.5 standards for the
Delaware portion of the Philadelphia Area must be fully approved under
section 110(k) and all the requirements applicable to the Area under
section 110 of the CAA (general SIP requirements) and part D of Title I
of the CAA (SIP requirements for nonattainment areas) must be met.
a. Section 110 General SIP Requirements
    Section 110(a)(2) of Title I of the CAA delineates the general
requirements for a SIP, which include enforceable emissions limitations
and other control measures, means, or techniques, provisions for the
establishment and operation of appropriate devices necessary to collect
data on ambient air quality, and programs to enforce the limitations.
The general SIP elements and requirements set forth in section
110(a)(2) include, but are not limited to the following:
     Submittal of a SIP that has been adopted by the state
after reasonable public notice and hearing;
     Provisions for establishment and operation of appropriate
procedures needed to monitor ambient air quality;
     Implementation of a source permit program; provisions for
the implementation of Part C requirements (PSD);
     Provisions for the implementation of Part D requirements
for NSR permit programs;
     Provisions for air pollution modeling; and
     Provisions for public and local agency participation in
planning and emission control rule development.

    Section 110(a)(2)(D) of the CAA requires that SIPs contain certain
measures to prevent sources in a state from significantly contributing
to air quality problems in another state. To implement this provision
for various NAAQS, EPA has required certain states to establish
programs to address transport of air pollutants in accordance with
EPA's Finding of Significant Contribution and Rulemaking for Certain
States in the Ozone Transport Assessment Group Region for Purposes of
Reducing Regional Transport of Ozone (63 FR 57356, October 27, 1998),
also known as the NOX (oxides of nitrogen) SIP Call;
amendments to the NOX SIP Call (64 FR 26298, May 14, 1999
and 65 FR 11222, March 2, 2000), and CAIR (70 FR 25162, May 12, 2005).
However, section 110(a)(2)(D) requirements for a state are not linked
with a particular nonattainment area's designation and classification
in that state. EPA believes that the requirements linked with a
particular nonattainment area's designation and classifications are the
relevant measures to evaluate in reviewing a redesignation request. The
transport SIP submittal requirements, where applicable, continue to
apply to a state regardless of the designation of any one particular
area in the state. Thus, EPA does not believe that these requirements
are applicable requirements for purposes of redesignation.
    In addition, EPA believes that the other section 110(a)(2) elements
not connected with nonattainment plan submissions and not linked with
an area's attainment status are not applicable requirements for
purposes of redesignation. The Philadelphia Area will still be subject
to these requirements after it is redesignated. EPA concludes that the
section 110(a)(2) and part D requirements which are linked with a
particular area's designation and classification are the relevant
measures to evaluate in reviewing a redesignation request, and that
section 110(a)(2) elements not linked to the area's nonattainment
status are not applicable for purposes of redesignation. This approach
is consistent with EPA's existing policy on applicability of conformity
(i.e., for redesignations) and oxygenated fuels requirement. See
Reading, Pennsylvania, proposed and final rulemakings (61 FR 53174,
October 10, 1996), (62 FR 24826, May 7, 1997); Cleveland-Akron-Lorain,
Ohio final rulemaking (61 FR 20458, May 7, 1996); and Tampa, Florida,
final rulemaking (60 FR 62748, December 7, 1995). See also, the
discussion on this issue in the Cincinnati, Ohio redesignation (65 FR
at 37890, June 19, 2000), and in the Pittsburgh-Beaver Valley,
Pennsylvania redesignation (66 FR at 53099, October 19, 2001).
    EPA has reviewed the Delaware SIP and has concluded that it meets
the general SIP requirements under section 110(a)(2) of the CAA to the
extent they are applicable for purposes of redesignation. EPA has
previously approved provisions of Delaware's SIP addressing section
110(a)(2) requirements, including provisions addressing
PM2.5. See (76 FR 47068, August 4, 2011 and 76 FR 53638,
August 29, 2911). These requirements are, however, statewide
requirements that are not linked to the PM2.5 nonattainment
status of the Philadelphia Area. Therefore, EPA believes that these SIP
elements are not applicable requirements for purposes of review of the
State's PM2.5 redesignation requests.
b. Subpart 4 Requirements
    Subpart 1 sets forth the basic nonattainment plan requirements
applicable to PM2.5 nonattainment areas. Under section 172,
states with nonattainment areas must submit plans providing for timely
attainment and must meet a variety of other requirements.
    The General Preamble for Implementation of Title I discusses the
evaluation of these requirements in the context of EPA's consideration
of a redesignation request. The General Preamble sets forth EPA's view
of applicable requirements for purposes of evaluating redesignation
requests when an area is attaining the standard. See 57 FR 13498, April
16, 1992.
    As mentioned previously, on May 16, 2012 (77 FR 28782), EPA made a
determination that the Philadelphia Area had attained the 1997 annual
PM2.5 NAAQS. This determination of attainment was based upon
quality-assured and certified ambient air quality monitoring data for
the period of 2007-2009 showing that the entire Area had attained the
standard by its applicable attainment date, and 2008-2010 data showing
that the Area continued to attain the standard. In a separate
rulemaking action, dated January 7, 2013 (78 FR 882), EPA made a
determination of attainment for the Philadelphia Area for the 2006 24-
hour PM2.5 NAAQS, based on quality-assured and certified
ambient air quality monitoring data for the 2008-2010 and 2009-2011
monitoring periods.
    Pursuant to 40 CFR 51.2004(c), upon these determinations by EPA
that the Area has attained the 1997 annual and 2006 24-hour
PM2.5 NAAQS, the requirement for Delaware to submit for the
Philadelphia Area an attainment demonstration and associated RACM, a
RFP plan, contingency measures, and other planning SIPs related to the
attainment of the 1997 annual and the 2006 24-hour PM2.5
NAAQS were suspended until the Area is redesignated to attainment for
each standard or EPA determines that the Area has again violated any of
the standards, at which time such plans are required to be submitted.
Thus, because attainment has been reached for the Area for the 1997
annual and 2006 24-hour PM2.5 NAAQS and the Area continues
to attain both standards, no additional measures are needed to provide
for attainment. Therefore, the requirements of section 172(c)(1),
172(c)(2), 172(c)(6), and 172(c)(9) are no longer considered to be
applicable for purposes of redesignation of the Area for both
standards.
    However, determinations of attainment do not preclude states from
submitting and EPA from approving planning SIP revisions for the 1997
or 2006 PM2.5 NAAQS. On April 3, 2008, DNREC submitted an
attainment plan for the Delaware portion of the Philadelphia Area for
the 1997 annual PM2.5 NAAQS, which included a 2002
comprehensive emissions inventory. On April 25, 2012, DNREC submitted a
SIP revision to replace the MVEBs in the April 3, 2008 submittal with a
budget that is based on the Motor Vehicle Emissions Simulator (MOVES)
model. On December 17, 2013 (78 FR 76209), EPA approved Delaware's
attainment plan for the 1997 PM2.5 NAAQS for the Delaware
portion of the Philadelphia Area and MVEBs for transportation
conformity purposes for New Castle County, Delaware submitted on April
3, 2008 and April 25, 2012.
    Section 172(c)(4) of the CAA requires the identification and
quantification of allowable emissions for major new and modified
stationary sources in an area, and section 172(c)(5) requires source
permits for the construction and operation of new and modified major
stationary sources anywhere in the nonattainment area. EPA has
determined that, since PSD requirements will apply after redesignation,
areas being redesignated need not comply with the requirement that a
nonattainment NSR program be approved prior to redesignation, provided
that the area demonstrates maintenance of the NAAQS without part D NSR.
A more detailed rationale for this view is described in a memorandum
from Mary Nichols, Assistant Administrator for Air and

Radiation, dated October 14, 1994, entitled, ``Part D New Source Review
Requirements for Areas Requesting Redesignation to Attainment.''
Nevertheless, Delaware currently has an approved NSR program, including
an approved PSD program, codified in the State's regulation at 7 DE
Admin. Code 1125, ``Requirements for Preconstruction Review.'' See (77
FR 60053, October 2, 2012) and (78 FR 13496, February 28, 2013). The
State's PSD program for PM2.5 will become effective in the
Philadelphia Area upon redesignation to attainment.
    Section 172(c)(7) of the CAA requires the SIP to meet the
applicable provisions of section 110(a)(2). As noted previously, we
believe the Delaware SIP meets the requirements of section 110(a)(2)
that are applicable for purposes of redesignation.
    As a result of EPA's determinations of attainment of the Area for
the 1997 annual and 2006 24-hour PM2.5 NAAQS, respectively,
the only remaining requirement under section 172 to be considered for
each of the PM2.5 standards is the comprehensive emissions
inventory required under section 172(c)(3). Section 172(c)(3) of the
CAA requires submission of a comprehensive, accurate, and current
inventory of actual emissions. For purposes of the PM2.5
NAAQS, this emissions inventory should address not only direct
emissions of PM2.5, but also emissions of all precursors
with the potential to participate in PM2.5 formation, i.e.,
sulfur dioxide (SO2), NOX, volatile organic
compounds (VOC) and ammonia.
    DNREC's April 3, 2008 attainment plan submittal for the 1997 annual
PM2.5 standard is relevant to this proposed rulemaking
action to redesignate the Delaware portion of the Area only with
respect to the comprehensive emissions inventory requirement of section
172(c)(3) for the 1997 annual PM2.5 standard. On March 4,
2013 (78 FR 14020), EPA approved the 2002 comprehensive emissions
inventory included in the attainment plan for the 1997 annual
PM2.5 NAAQS, to meet the requirement of section 172(c)(3)
for this standard. The 2002 comprehensive emissions inventory for the
1997 annual PM2.5 standard includes emissions estimates that
cover the general source categories of point sources, area sources, on-
road mobile sources, and non-road mobile sources. The pollutants that
comprise the 2002 emissions inventory are PM2.5,
NOX, SO2, VOC, and ammonia. An evaluation of
Delaware's 2002 comprehensive emissions inventory for the Philadelphia
portion of the Area is provided in the Technical Support Document (TSD)
prepared by EPA for the rulemaking action. See Docket ID No. EPA-R03-
OAR-2010-0141.
    To satisfy the 172(c)(3) requirement for the 2006 24-hour
PM2.5 standard, Delaware's December 12, 2012 redesignation
request and maintenance plan for the 2006 24-hour PM2.5
standard contains a 2007 comprehensive emissions inventories. DNREC had
previously prepared the 2007 inventory for the Delaware portion of the
Philadelphia Area for modeling and SIP purposes. DNREC is using that
2007 inventory as the base year inventory for the 2006 24-hour
PM2.5 standard, because 2007 is one of the three years used
to designate the Philadelphia nonattainment area for the 2006 24-hour
PM2.5 standard. DNREC has submitted that 2007 emissions
inventory to fulfill its obligation to submit a comprehensive inventory
under Clean Air Act section 172(c)(3), because that inventory has gone
through extensive quality assurance. The 2007 emissions inventory is
the most current accurate and comprehensive emissions inventory of
direct PM2.5, NOX, SO2, VOC, and
ammonia for the Area. Thus, as part of this rulemaking action, EPA is
proposing to approve Delaware's 2007 comprehensive emissions inventory
for the 2006 24-hour PM2.5 NAAQS as satisfying the
requirement of section 172(c)(3) of the CAA for this standard. Final
approval of the 2007 base year emissions inventory will satisfy the
emissions inventory requirement under section 172(c)(3) of the CAA for
the 2006 24-hour PM2.5 NAAQS.
    The 2007 comprehensive emissions inventory addresses the general
source categories of point sources, area sources, on-road mobile
sources, and non-road mobile sources. A summary of the 2007
comprehensive emissions inventory is provided in Table 3. EPA has
reviewed the documentation provided by DNREC and found the 2007
emissions inventory to be approvable. For more information on EPA's
analysis of the 2007 emissions inventory, see the TSDs prepared by the
EPA Region III Office of Air Monitoring and Analysis and both dated
January 28, 2014, ``Technical Support Document (TSD) for the
Redesignation Request and Maintenance Plan for the New Castle County
Portion of the Philadelphia-Wilmington, PA-NJ-DE 1997 PM2.5
Nonattainment Area'' and ``Technical Support Document (TSD) for the
Redesignation Request and Maintenance Plan for the New Castle County
Portion of the Philadelphia-Wilmington, PA-NJ-DE 2006 PM2.5
Nonattainment Area'' (``Inventory TSDs''), available in the docket for
this rulemaking action at www.regulations.gov. See Docket ID No. EPA-
R03-OAR-2014-0022.

         Table 3--Summary of 2007 Comprehensive Inventory for New Castle County, in Tons per Year (tpy)
----------------------------------------------------------------------------------------------------------------
                                                             Direct
                          Sector                             PM2.5       NOX        SO2        VOC      Ammonia
----------------------------------------------------------------------------------------------------------------
Point....................................................      1,335      6,635     13,380      1,727         64
Non-point................................................      1,207      1,293        630      4,795        653
On-road..................................................        324     10,577        100      4,298        243
Non-road.................................................        327      4,580      1,118      2,490          2
                                                          ------------------------------------------------------
    Total................................................      3,193     23,084     15,228     13,310        962
----------------------------------------------------------------------------------------------------------------

    Section 175A requires a state seeking redesignation to attainment
to submit a SIP revision to provide for the maintenance of the NAAQS in
the area ``for at least 10 years after the redesignation.'' In
conjunction with its request to redesignate the Delaware portion of the
Area to attainment status, Delaware submitted SIP revisions to provide
for maintenance of the 1997 annual and 2006 24-hour PM2.5
NAAQS in the Delaware portion of the Area for at least 10 years after
redesignation, throughout 2025. Delaware is requesting that EPA approve
this SIP revision as meeting the requirement of CAA section 175A. Once
approved, the maintenance plans for the Delaware portion of the Area
will ensure that the SIP for Delaware meets the requirements of the CAA
regarding maintenance of the 1997 annual and 2006 24-hour
PM2.5 NAAQS for the Delaware portion of the Area. EPA's
analysis of the maintenance plans

is provided in section V.B. of this rulemaking action.
    Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that Federally supported or funded projects
conform to the air quality planning goals in the applicable SIP. The
requirement to determine conformity applies to transportation plans,
programs, and projects that are developed, funded or approved under
title 23 of the United States Code (U.S.C.) and the Federal Transit Act
(transportation conformity) as well as to all other Federally supported
or funded projects (general conformity). State transportation
conformity SIP revisions must be consistent with Federal conformity
regulations relating to consultation, enforcement and enforceability
which EPA promulgated pursuant to its authority under the CAA. EPA
interprets the conformity SIP requirements as not applying for purposes
of evaluating a redesignation request under CAA section 107(d) because
state conformity rules are still required after redesignation, and
Federal conformity rules apply where state rules have not been
approved. See Wall v. EPA, 265 F. 3d 426 (6th Cir. 2001) (upholding
this interpretation) and (60 FR 62748, December 7, 1995) (discussing
Tampa, Florida).
    Thus, for purposes of redesignating to attainment the Delaware
portion of the Philadelphia Area for the 1997 annual PM2.5
NAAQS, EPA determines that Delaware has met all the applicable SIP
requirements under part D of Title I of the CAA. EPA also determines
that upon final approval of the 2007 comprehensive emissions inventory
as proposed in this rulemaking action, Delaware will also meet all the
applicable SIP requirements under part D of Title I of the CAA for
purposes of redesignating the Area to attainment for the 2006 24-hour
PM2.5 NAAQS.
c. The Delaware Portion of the Area Has a Fully Approved Applicable SIP
Under Section 110(k) of the CAA
    For purposes of redesignation to attainment for the 1997 annual
PM2.5 NAAQS, EPA has fully approved all applicable
requirements of Delaware's SIP for the Area in accordance with section
110(k) of the CAA. Upon final approval of the 2007 comprehensive
emissions inventory as proposed in this rulemaking action, EPA will
have fully approved all applicable requirements of Delaware's SIP for
the Area for purposes of redesignation to attainment for the 2006 24-
hour PM2.5 NAAQS in accordance with section 110(k) of the
CAA.
3. Permanent and Enforceable Reductions in Emissions
    For redesignating a nonattainment area to attainment, section
107(d)(3)(E)(iii) requires EPA to determine that the air quality
improvement in the area is due to permanent and enforceable reductions
in emissions resulting from implementation of the SIP and applicable
Federal air pollution control regulations and other permanent and
enforceable reductions. Delaware has calculated the change in emissions
between 2002, a year showing nonattainment for the 1997 annual
PM2.5 standard in the Delaware portion of the Philadelphia
Area, and 2007, one of the years for which the Philadelphia Area
monitored attainment for the 1997 annual PM2.5 standard.
Delaware did the same analysis for the 2006 24-hour PM2.5
standard, using 2007 as a year showing nonattainment for the 2006 24-
hour PM2.5 standard in the Delaware portion of the
Philadelphia Area, and 2008, one of the years for which the
Philadelphia Area monitored attainment for the 2006 24-hour
PM2.5 standard.
    A summary of the emissions reductions of direct PM2.5,
NOX, and SO2 from 2002 to 2007 in the Delaware
portion of the Philadelphia Area, submitted by DNREC, is provided in
Table 4a. A summary of the emissions reductions of direct
PM2.5, NOX, and SO2 from 2007 to 2008,
submitted by DNREC, is provided in Table 4b. For more information on
EPA's analysis of the 2007 and 2008 emissions inventories, see EPA's
Inventory TSDs, dated January 28, 2014, available in the docket for
this rulemaking action at www.regulations.gov.

        Table 4a--Emission Reductions From 2002 to 2007 in the Delaware Portion of the Philadelphia Area
                                                      [tpy]
----------------------------------------------------------------------------------------------------------------
                                                                                Net        Percent
                                              Sector              2002         2007      reduction    reduction
                                                                                2002-2007    2002-2007
----------------------------------------------------------------------------------------------------------------
Direct PM 2.5.......................  Point.................        1,733        1,335          398           23
                                      Non-point.............        1,073        1,207         -134          -12
                                      On-road...............          209          324         -115          -55
                                      Non-road..............          415          327           88           21
                                      Total.................        3,430        3,193          237            7
NOX.................................  Point.................        9,157        6,635        2,522           28
                                      Non-point.............        1,513        1,293          220           15
                                      On-road...............       11,799       10,577        1,222           10
                                      Non-road..............        8,279        4,580        3,699           45
                                      Total.................       30,748       23,084        7,664           25
SO2.................................  Point.................       47,070       13,380       33,690           72
                                      Non-point.............          780          630          150           19
                                      On-road...............          326          100          226           69
                                      Non-road..............        2,061        1,118          943           46
                                      Total.................       50,237       15,228       35,009           70
----------------------------------------------------------------------------------------------------------------

        Table 4b--Emission Reductions From 2007 to 2008 in the Delaware Portion of the Philadelphia Area
                                                      [tpy]
----------------------------------------------------------------------------------------------------------------
                                                                                Net        Percent
                                              Sector              2007         2008      reduction    reduction
                                                                                2007-2008    2007-2008
----------------------------------------------------------------------------------------------------------------
Direct PM 2.5.......................  Point.................        1,335        1,109          226           17

                                      Non-point.............        1,207        1,191           16            1
                                      On-road...............          324          283           42           13
                                      Non-road..............          327          312           15            5
                                      Total.................        3,193        2,894          300            9
NOX.................................  Point.................        6,635        5,589        1,046           16
                                      Non-point.............        1,293        1,287            6            0
                                      On-road...............       10,577        9,311        1,266           12
                                      Non-road..............        4,580        4,317          263            6
                                      Total.................       23,084       20,504        2,580           11
SO 2................................  Point.................       13,380       10,576        2,805           21
                                      Non-point.............          630          402          228           36
                                      On-road...............          100           94            6            6
                                      Non-road..............        1,118        1,067           51            5
                                      Total.................       15,228       12,139        3,089           20
----------------------------------------------------------------------------------------------------------------

    The reduction in emissions and the corresponding improvement in air
quality from 2002 to 2007 and from 2007 to 2008, for the 1997 annual
and 2006 24-hour PM2.5 NAAQS, respectively, in the
Philadelphia Area can be attributed to a number of regulatory control
measures that have been implemented in the Area and contributing areas
in recent years.
    In Sections 4.3, Enforceable and Permanent PM2.5,
NOX, and SO2 Measures that Contributed to
Improved Air Quality, of Delaware's redesignation requests and
maintenance plans for both the 1997 annual and 2006 24-hour
PM2.5, DNREC makes demonstrations that numerous permanent
and enforceable state and federal control measures achieved emission
reductions that resulted in improved air quality in the Philadelphia
Area. The following is a list of the permanent and enforceable control
measures.
a. Delaware-Specific Control Measures
     7 DE Admin. Code 1144, Control of Stationary Generator
Emissions. This statewide regulation controls SO2, PM, VOC,
and NOX emissions. The regulation was effective in January
2006, and was approved into Delaware's SIP on August 11, 2010 (75 FR
48566).
     7 DE Admin. Code 1148, Control of Stationary Combustion
Turbine Electric Generating Unit Emissions. This statewide regulation
controls NOX emissions, and was effective in July 2007. EPA
approved this regulation into the Delaware SIP on August 11, 2010 (75
FR 48566).
     7 DE Admin. Code 1142. EPA approved this rule, which
controls NOX emissions, into the Delaware SIP on November
22, 2002 (67 FR 70315). Section 1 of this rule, Control of
NOX Emissions from Industrial Boilers, is applicable state-
wide, and was effective in December 2001. Section 2, Control of
NOX Emissions from Industrial Boilers and Process Heaters at
Petroleum Refineries, is applicable in New Castle County. DNREC revised
Section 2, effective July 2007. EPA approved the revisions to Section 2
into the Delaware SIP on May 15, 2012 (77 FR 28489).
     7 DE Admin. Code 1131, Low Enhanced Inspection and
Maintenance (I/M). Delaware's enhanced I/M program is applicable in New
Castle and Kent Counties, and was approved into the Delaware SIP by EPA
on September 30, 1999 (64 FR 52657). Revisions to the enhanced I/M
program were approved by EPA on November 26, 2003 (68 FR 228).
    Please note that for Delaware's redesignation request for the 1997
annual PM2.5 NAAQS, the following additional control measure
was also included.
Delaware-Specific Control Measures
     Consent Decree with Premcor Refinery at Delaware City
(formerly Motiva Enterprises), New Castle County, Control of SO2, and
NOX Emissions from Boilers and Heaters, Effective 2006, Civil Action
No. H-01-0978. This federal consent decree was lodged in the United
States Court for the Southern District of Texas on March 21, 2001.
b. Federal Measures Implemented
     EPA's New Source Performance Standards for Woodstoves
(NSPS), 40 CFR part 60, subpart AAA.
     Control of Emissions from New and In-Use non-road
Compression Engines, 40 CFR part 89.
     Control of Air Pollution; Determination of Significance
for Non-road Sources and Emission Standards for New Non-road
Compression Ignition Engines at or Above 37 Kilowatts (59 FR 31036,
June 17, 1994).
     Emissions for New Non-road Spark-Ignition Engines At or
Below 19 Kilowatts (60 FR 34581, July 3, 1995).
     Final Rule for New Gasoline Spark-Ignition Marine Engines;
Exemptions for New Non-road Compression-Ignition Engines at or Above 37
Kilowatts and New Non-road Spark-Ignition Engines at or Below 19
Kilowatts (61 FR 52088, October 4, 1996).
     Control of Emissions of Air Pollution from Non-road Diesel
Engines (63 FR 56967, October 23, 1998).
     Phase 2 Emission Standards for New Non-road Non-handheld
Spark Ignition Engines At or Below 19 Kilowatts (64 FR 15207, March 30,
1999).
     Phase 2 Emission Standards for New Non-road Spark-Ignition
Handheld Engines At or Below 19 Kilowatts and Minor Amendments to
Emission Requirements Applicable to Small Spark-Ignition Engines and
Marine Spark-Ignition Engines (65 FR 24268, April 25, 2000).
     Control of Emissions from Non-road Large Spark-Ignition
Engines and Recreational Engines (Marine and Land-Based), (67 FR 68241,
November 8, 2002).
     Control of Emissions of Air Pollution from Non-road Diesel
Engines and Fuel (Clean Air Non-road Diesel Rule--Tier 4), (69 FR
38958, June 29, 2004).
     Control of Emissions from Non-road Spark-Ignition Engines
and Equipment (Bond Rule), (73 FR 59034, October 8, 2008).
     Heavy-Duty Highway Rule, 40 CFR part 86, Subpart P.

     Federal Tier 1 New Vehicle Emission and New Federal
Evaporative Emission Standards.
     The Tier 2 vehicle and gasoline sulfur program, Subpart H
of 40 CFR part 80, 40 CFR part 85, and 40 CFR part 86.
     Ozone Transport Commission (OTC) National Low Emission
Vehicle Program (NLEV).
    EPA has reviewed both redesignation requests and maintenance plans
for the 1997 annual and 2006 24-hour PM2.5 standards and
found that DNREC has demonstrated that it has controlled emissions of
PM2.5 and its precursors through numerous permanent and
enforceable emission control measures, resulting in permanent and
enforceable emission reductions adequate to attain both the 1997 annual
and 2006 24-hour PM2.5 NAAQS. Therefore, DNREC has met this
criterion for redesignation. However, in a separate rulemaking action,
published on February 22, 2013, EPA identified deficiencies associated
with several regulations within the approved Delaware SIP including a
specific provision within 7-1100-1142 Del. Code Regs Sec.  2
(Regulation 1142, Section 2.0, Control of Nitrogen Oxide
(NOX) Emissions from Industrial Boilers and Process Heaters
at Petroleum Refineries). See 78 FR 12460. In that proposed rulemaking
action, EPA identified specific Delaware regulations in which state
officials are provided unbounded discretion to set alternative emission
limits during periods of start-up and shutdown of equipment through a
permitting process that does not entail subsequent approval of the
alternative emission limits through a SIP submission. EPA has proposed
to find that this process constitutes an impermissible director's
discretion provision with the potential to allow impermissible
discretionary exemptions from SIP emission limits. See 78 FR 12495-
12496. EPA will be taking a separate final action on the February 22,
2013 proposed rulemaking action.
    EPA's analysis indicates that Regulation 1142, Section 2.0 is not
necessary for attainment of the Philadelphia Area. The Philadelphia
Area is attaining the 1997 annual and 2006 24-hour PM2.5
NAAQS. The Philadelphia Area came into attainment of the 1997 annual
NAAQS in 2009, considering 2007-2009 ambient air quality monitoring
data (77 FR 28782), and continues to meet that standard. The
Philadelphia Area came into attainment for the 2006 24-hour standard in
2010, considering 2008-2010 data (78 FR 882), and continues to meet
that standard. Furthermore, actual emission reductions of
PM2.5 and its precursors have been achieved between the base
years and the attainment years for both standards. For the 1997 NAAQS,
NOX has decreased in the Delaware portion of the
Philadelphia Area from 30,748 tpy in 2002 to 23,084 tpy in 2007. For
the 2006 NAAQS, NOX has decreased in the Delaware portion of
the Philadelphia Area from 23,084 tpy in 2007 to 20,504 tpy in 2008.
    Regulation 1142 Section 2.0 applies to NOX emissions at
petroleum refineries. There is only one such petroleum refinery in
Delaware, and it is subject to a federally-enforceable consent decree
and several consent decree addendums between the source and EPA which
limit NOX emissions and require NOX control
measures at several units at the refinery. Therefore, EPA is not
relying upon Regulation 1142 Section 2.0 in its evaluation of the
permanent and enforceable attainment measures. Through numerous
permanent and enforceable regulations, which are incorporated into
Delaware's SIP, Delaware has regulated and is continuing to regulate
sources of PM2.5 and its precursors in the Philadelphia
Area. Taking into consideration existing regulations, including those
listed earlier in this rulemaking action, which Delaware included in
Sections 4.3 of its redesignation requests and maintenance plans, (with
the exception of Regulation 1142 Section 2.0), EPA has concluded that
the Philadelphia Area has attained the 1997 and 2006 PM2.5
NAAQS and that Delaware has shown that attainment of these standards is
due to permanent and enforceable emission reductions.
    For more information on EPA's analysis, please refer to EPA's TSD,
available in the docket for this rulemaking action at
www.regulations.gov. See Docket ID No. EPA-R03-OAR-2014-0022.

B. Maintenance Plans

    On December 12, 2012, DNREC submitted maintenance plans for the
1997 annual and 2006 24-hour PM2.5 NAAQS, as required by
section 175A of the CAA. EPA's analysis for proposing approval of the
maintenance plans is provided in this section.
1. Attainment Emissions Inventories
    An attainment inventory is comprised of the emissions during the
time period associated with the monitoring data showing attainment.
DNREC determined that the appropriate attainment inventory year for the
maintenance plan for the 1997 annual PM2.5 NAAQS is 2007,
one of the years in the periods during which the Philadelphia Area
monitored attainment of the 1997 annual PM2.5 NAAQS. DNREC
determined that the appropriate attainment inventory year for the
maintenance plan for the 2006 24-hours PM2.5 NAAQS is 2008,
one of the years in the periods during which the Philadelphia Area
monitored attainment of the 24-hour PM2.5 NAAQS. The 2007
and 2008 inventory included in the maintenance plans contains primary
PM2.5 emissions (including condensables), SO2,
and NOX. The underlying emissions data DNREC submitted to
support the 2007 and 2008 inventories contains the additional
PM2.5 precursors, ammonia and VOCs.
    In its redesignation requests and maintenance plans for the 1997
annual and 2006 24-hour PM2.5 standards, DNREC described the
methods used for developing its 2007 and 2008 inventories. EPA reviewed
the procedures used to develop the projected inventories and found them
to be reasonable. EPA has reviewed the documentation provided by DNREC
and found the 2007 and 2008 emissions inventories submitted with the
maintenance plans to be approvable. For more information on EPA's
analysis of the 2007 and 2008 emissions inventories, see EPA's
Inventory TSDs, dated January 28, 2014, available in the docket for
this rulemaking action at www.regulations.gov.
2. Maintenance Demonstration
    Section 175A requires a state seeking redesignation to attainment
to submit a SIP revision to provide for the maintenance of the NAAQS in
the area ``for at least 10 years after the redesignation.'' EPA has
interpreted this as a showing of maintenance ``for a period of ten
years following redesignation.'' Where the emissions inventory method
of showing maintenance is used, its purpose is to show that emissions
during the maintenance period will not increase over the attainment
year inventory. See 1992 Calcagni Memorandum, pages 9-10.
    For a demonstration of maintenance, emissions inventories are
required to be projected to future dates to assess the influence of
future growth and controls; however, the demonstration need not be
based on modeling. See Wall v. EPA, supra; Sierra Club v. EPA, supra.
See also 66 FR 53099-53100 and 68 FR 25430-32. DNREC uses projection
inventories to show that the Delaware portion of the Area will remain
in attainment and developed projection inventories for an interim year
of 2017 and a maintenance plan end year of 2025 to show that future
emissions of NOX, SO2, and direct
PM2.5 will remain

at or below the attainment year 2007 and 2008 attainment-level
emissions levels, for the 1997 annual and 2006 24-hour
PM2.5, respectively, throughout the Delaware portion of the
Area through the year 2025.
    EPA has reviewed the documentation provided by DNREC for developing
annual 2017 and 2025 emissions inventories for the Delaware portion of
the Area. EPA has determined that the 2017 and 2025 projected emissions
inventories provided by DNREC are approvable. For more information on
EPA's analysis of the emissions inventories, see EPA's Inventory TSDs,
dated January 28, 2014, available in the docket for this rulemaking
action at www.regulations.gov.
    Tables 5a, 6a, and 7a provide a summary of the direct
PM2.5, NOX, and SO2, respectively,
emissions inventories for the Delaware portion of the Philadelphia Area
for the 2007 attainment year, the 2017 interim year, and the 2025
maintenance plan end year for the 1997 annual PM2.5 NAAQS.
Tables 5b, 6b, and 7b provide a summary of the direct PM2.5,
NOX, and SO2, respectively, emissions inventories
for the entire Philadelphia Area for the 2007 attainment year, the 2017
interim year, and the 2025 maintenance plan end year for the 1997
annual PM2.5 NAAQS. The inventories show that, between 2007
and 2025, the Area is projected to reduce direct PM2.5
emissions by 9,055 tpy, NOX emissions by 106,099 tpy, and
SO2 emissions by 34,265 tpy. Thus, the projected emissions
inventories show that the Delaware portion of the Philadelphia Area
will continue to maintain the 1997 annual PM2.5 standards
during the maintenance period. Note that the emission projections for
the Delaware portion of the Area contain subcategories for point source
and non-road emissions sources. ``Non-road, MAR'' refers to Marine
Vessels, Aircraft and Locomotives (MAR). ``Non-road, NMIM'' refers to
emissions sources covered by the National Mobile Inventory Model
(NMIM). Point source emissions are reported as either from electric
generating units (EGUs) or from non-EGU point sources.

                Table 5a--Comparison of 2007, 2017, and 2025 Emissions of Direct PM2.5 for the Delaware Portion of the Philadelphia Area
                                                                          [tpy]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Direct PM2.5
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                2007-2017                  2007-2025
                                                                                -----------------------------------------------------
                           Sector                                2007         2017         2025                     Percent                    Percent
                                                                                Reduction     reduction    Reduction     reduction
--------------------------------------------------------------------------------------------------------------------------------------------------------
Non-point..................................................        1,207        1,235        1,310          -28          -2.3         -103          -8.5
Non-road, MAR..............................................          171           61           44          110          64.2          126          74.0
Non-road, NMIM.............................................          156          106          103           51          32.5           53          34.0
On-road....................................................          324          199          199          125          38.6          125          38.6
Point, EGU.................................................          519          502          520           17           3.2           -1          -0.2
Point, non-EGU.............................................          816          742          716           75           9.1          100          12.2
                                                            --------------------------------------------------------------------------------------------
    Total..................................................        3,193        2,844        2,893          349          11            301           9
--------------------------------------------------------------------------------------------------------------------------------------------------------

     Table 5b--Comparison of 2007, 2017, and 2025 Emissions of Direct PM2.5 for the Entire Philadelphia Area
                                                      [tpy]
----------------------------------------------------------------------------------------------------------------
                                                                           Direct PM2.5
                                                ----------------------------------------------------------------
                                                                                2007-2025
                     Sector                                                            -------------------------
                                                     2007         2017         2025                    Percent
                                                                                Reduction    reduction
----------------------------------------------------------------------------------------------------------------
Point..........................................        4,573        3,825        3,875          698         15.3
Non-point......................................       17,879       13,358       12,983        4,897         27.4
On-road........................................        3,795        2,488        1,443        2,352         62.0
Non-road.......................................        2,466        1,606        1,357        1,109         45.0
                                                ----------------------------------------------------------------
    Total......................................       28,713       21,277       19,657        9,055         31.5
----------------------------------------------------------------------------------------------------------------

                     Table 6a--Comparison of 2007, 2017, and 2025 Emissions of NOX for the Delaware Portion of the Philadelphia Area
                                                                          [tpy]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           NOx
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                2007-2017                  2007-2025
                                                                                -----------------------------------------------------
                           Sector                                2007         2017         2025                     Percent                    Percent
                                                                                Reduction     reduction    Reduction     reduction
--------------------------------------------------------------------------------------------------------------------------------------------------------
Non-point..................................................        1,293        1,295        1,296           -3          -0.2           -3          -0.2
Non-road, MAR..............................................        2,825        1,810        1,279        1,015          35.9        1,546          54.7
Non-road, NMIM.............................................        1,755          997          837          758          43.2          918          52.3
On-road....................................................       10,577        6,273        6,273        4,304          40.7        4,304          40.7

Point, EGU.................................................        2,865        1,698        1,758        1,167          40.7        1,107          38.7
Point, non-EGU.............................................        3,770        2,402        2,355        1,368          36.3        1,415          37.5
                                                            --------------------------------------------------------------------------------------------
    Total..................................................       23,084       14,475       13,797        8,609          37          9,287          40
--------------------------------------------------------------------------------------------------------------------------------------------------------

         Table 6b--Comparison of 2007, 2017, and 2025 Emissions of NOX for the Entire Philadelphia Area
                                                      [tpy]
----------------------------------------------------------------------------------------------------------------
                                                                               NOX
                                                ----------------------------------------------------------------
                                                                                2007-2025
                     Sector                                                            -------------------------
                                                     2007         2017         2025                    Percent
                                                                                Reduction    reduction
----------------------------------------------------------------------------------------------------------------
Point..........................................       31,759       13,049       19,817       11,942         37.6
Non-point......................................       18,043       17,528       17,741          302          1.7
On-road........................................      106,315       62,056       26,648       79,668         74.9
Non-road.......................................       31,850       20,935       17,662       14,188         44.5
                                                ----------------------------------------------------------------
    Total......................................      187,967      113,568       81,868      106,099         56.4
----------------------------------------------------------------------------------------------------------------

                     Table 7a--Comparison of 2007, 2017, and 2025 Emissions of SO2 for the Delaware Portion of the Philadelphia Area
                                                                          [tpy]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           SO2
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                2007-2017                  2007-2025
                                                                                -----------------------------------------------------
                           Sector                                2007         2017         2025                     Percent                    Percent
                                                                                Reduction     reduction    Reduction     reduction
--------------------------------------------------------------------------------------------------------------------------------------------------------
Non-point..................................................          630          521          469          109          17.4          161          25.6
Non-road, MAR..............................................        1,027          112           37          915          89.1          990          96.4
Non-road, NMIM.............................................           91            2            3           89          97.3           88          96.5
On-road....................................................          100           98           98            2           2.4            2           2.4
Point, EGU.................................................        9,119        2,419        2,572        6,700          73.5        6,547          71.8
Point, non-EGU.............................................        4,261        3,843        3,780          418           9.8          482          11.3
                                                            --------------------------------------------------------------------------------------------
    Total..................................................       15,228        6,995        6,958        8,234          54          8,271          54
--------------------------------------------------------------------------------------------------------------------------------------------------------

         Table 7b--Comparison of 2007, 2017, and 2025 Emissions of SO2 for the Entire Philadelphia Area
                                                      [tpy]
----------------------------------------------------------------------------------------------------------------
                                                                               SO2
                                                ----------------------------------------------------------------
                                                                                2007-2025
                     Sector                                                            -------------------------
                                                     2007         2017         2025                    Percent
                                                                                Reduction    reduction
----------------------------------------------------------------------------------------------------------------
Point..........................................        35035        13375        13553        21482         61.3
Non-point......................................        16763        13466         9756         7007         41.8
On-road........................................          773          578          422          351         45.4
Non-road.......................................         6134          851          709         5425         88.4
    Total......................................        58705        28270        24440        34265         58.4
----------------------------------------------------------------------------------------------------------------

    Tables 8a, 9a, and 10a provide a summary of the direct
PM2.5, NOX, and SO2, respectively,
emissions inventories for the Delaware portion of the Philadelphia Area
for the 2008 attainment year, the 2017 interim year,

and the 2025 maintenance plan end year for the 2006 24-hour
PM2.5 NAAQS. Tables 8b, 9b, and 10b provide a summary of the
direct PM2.5, NOX, and SO2,
respectively, emissions inventories for the entire Philadelphia Area
for the 2007 attainment year, the 2017 interim year, and the 2025
maintenance plan end year for the 2006 24-hour PM2.5 NAAQS.
The inventories show that, between 2008 and 2025, the Area is projected
to reduce direct PM2.5 emissions by 6,287 tpy,
NOX emissions by 73,606 tpy, and SO2 emissions by
29,990 tpy. Thus, the projected emissions inventories show that the
Delaware portion of the Philadelphia Area will continue to maintain the
2006 24-hour PM2.5 standards during the maintenance period.

                Table 8a--Comparison of 2008, 2017, and 2025 Emissions of Direct PM2.5 for the Delaware Portion of the Philadelphia Area
                                                                          [tpy]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Direct PM2.5
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                2008-2017                  2008-2025
                                                                                -----------------------------------------------------
                           Sector                                2008         2017         2025                     Percent                    Percent
                                                                                Reduction     reduction    Reduction     reduction
--------------------------------------------------------------------------------------------------------------------------------------------------------
Non-point..................................................        1,191        1,247        1,327          -56          -4.7         -136         -11.4
Non-road, MAR..............................................          164           59           42          106          64.3          122          74.3
Non-road, NMIM.............................................          148          106          103           42          28.6           45          30.2
On-road....................................................          282          199          199           83          29.4           83          29.4
Point, EGU.................................................          396          410          427          -14          -3.5          -32          -8.0
Point, non-EGU.............................................          713          504          398          209          29.3          315          44.1
    Total..................................................        2,894        2,524        2,497          370          13            396          14
--------------------------------------------------------------------------------------------------------------------------------------------------------

     Table 8b--Comparison of 2008, 2017, and 2025 Emissions of Direct PM2.5 for the Entire Philadelphia Area
                                                      [tpy]
----------------------------------------------------------------------------------------------------------------
                                                                           Direct PM2.5
                                                ----------------------------------------------------------------
                                                                                2008-2025
                     Sector                                                            -------------------------
                                                     2008         2017         2025                    Percent
                                                                                Reduction    reduction
----------------------------------------------------------------------------------------------------------------
Point..........................................        4,790        4,006        4,058          731         15.3
Non-point......................................       11,935        8,917        8,667        3,269         27.4
On-road........................................        2,437        1,125          951        1,486         61.0
Non-road.......................................        1,728        1,598          927          801         46.4
                                                ----------------------------------------------------------------
    Total......................................       20,889       15,646       14,602        6,287         30.1
----------------------------------------------------------------------------------------------------------------

                     Table 9a--Comparison of 2008, 2017, and 2025 Emissions of NOX for the Delaware Portion of the Philadelphia Area
                                                                          [tpy]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                NOX
                                                            --------------------------------------------------------------------------------------------
                                                                                2008-2017                  2008-2025
                           Sector                                                                  -----------------------------------------------------
                                                                 2008         2017         2025                     Percent                    Percent
                                                                                Reduction     Reduction    Reduction     Reduction
--------------------------------------------------------------------------------------------------------------------------------------------------------
Non-point..................................................        1,287        1,299        1,297          -12          -0.9          -10          -0.8
Non-road, MAR..............................................        2,641        1,760        1,247          881          33.3        1,394          52.8
Non-road, NMIM.............................................        1,676          997          837          679          40.5          840          50.1
On-road....................................................        9,311        6,273        6,273        3,038          32.6        3,038          32.6
Point, EGU.................................................        2,185        1,629        1,707          556          25.4          478          21.9
Point, non-EGU.............................................        3,404        1,724        1,421        1,680          49.4        1,983          58.3
                                                            --------------------------------------------------------------------------------------------
    Total..................................................       20,504       13,682       12,782        6,822          33          7,722          38
--------------------------------------------------------------------------------------------------------------------------------------------------------

         Table 9b--Comparison of 2008, 2017, and 2025 Emissions of NOX for the Entire Philadelphia Area
                                                      [tpy]
----------------------------------------------------------------------------------------------------------------
                                                                               NOX
                                                ----------------------------------------------------------------
                                                                                2008-2025
                     Sector                                                            -------------------------
                                                     2008         2017         2025                    Percent
                                                                                Reduction    reduction
----------------------------------------------------------------------------------------------------------------
Point..........................................       31,233       12,833       19,489       11,744         37.6
Non-point......................................       23,477       22,807       23,085          392          1.7
On-road........................................       25,905       17,028       14,366       11,540         44.5
Non-road.......................................       66,631       38,892       16,701       49,930         74.9
                                                ----------------------------------------------------------------
    Total......................................      147,247       91,560       73,640       73,606         50.0
----------------------------------------------------------------------------------------------------------------

                    Table 10a--Comparison of 2008, 2015, and 2025 Emissions of SO2 for the Delaware Portion of the Philadelphia Area
                                                                          [tpy]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           SO2
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                2008-2017                  2008-2025
                                                                                -----------------------------------------------------
                           Sector                                2008         2017         2025                     Percent                    Percent
                                                                                Reduction     reduction    Reduction     reduction
--------------------------------------------------------------------------------------------------------------------------------------------------------
Non-point..................................................          402          336          286           66          16.5          116          28.8
Non-road, MAR..............................................        1,039          120           39          919          88.4        1,000          96.2
Non-road, NMIM.............................................           28            2            3           25          91.0           25          88.4
On-road....................................................           94           98           98           -3          -3.4           -3          -3.4
Point, EGU.................................................        7,122        2,017        2,161        5,104          71.7        4,960          69.7
Point, non-EGU.............................................        3,454        2,559        2,096          895          25.9        1,358          39.3
                                                            --------------------------------------------------------------------------------------------
    Total..................................................       12,139        5,132        4,683        7,007          58          7,456          61
--------------------------------------------------------------------------------------------------------------------------------------------------------

         Table 10b--Comparison of 2008, 2015, and 2025 Emissions of SO2 for the Entire Philadelphia Area
                                                      [tpy]
----------------------------------------------------------------------------------------------------------------
                                                                               SO2
                                                ----------------------------------------------------------------
                                                                                2008-2025
                     Sector                                                            -------------------------
                                                     2008         2017         2025                    Percent
                                                                                Reduction    reduction
----------------------------------------------------------------------------------------------------------------