Point..........................................       29,340       11,201       11,350       17,990         61.3
Non-point......................................       17,016       13,669        9,903        7,113         41.8
On-road........................................        5,312          737          614        4,698         88.4
Non-road.......................................          416          311          227          189         45.4
----------------------------------------------------------------------------------------------------------------
    Total......................................       52,085       25,919       22,095       29,990         57.6
----------------------------------------------------------------------------------------------------------------

    Sections 8.2.3, Control Measures for Maintenance of Good Air
Quality, in Delaware's maintenance plans and redesignation requests for
both the 1997 annual and 2006 24-hour PM2.5 standards,
summarize emission reductions between the attainment years and the
maintenance plan end years, i.e. between 2007 or 2008 and 2025 in the
Delaware portion of the Area. The emissions reductions data included in
Tables 8-6 of Sections 8.2.3 of Delaware's redesignations requests and
maintenance plans for the 1997 annual and 2006 24-hour PM2.5
NAAQS are summarized in Tables 11a and 11b, for the 1997 annual and
2006 24-hour NAAQS, respectively.

     Table 11a--2007 to 2025 Emission Reductions Due to Control Measures for the 1997 Annual PM2.5 Standard
----------------------------------------------------------------------------------------------------------------
                                                                        NOX            PM2.5            SO2
----------------------------------------------------------------------------------------------------------------
                                                      EGUs
----------------------------------------------------------------------------------------------------------------
DE Admin Code 1146 (Multi-Pollutant Regulation).................        1,240.8            10.5         6,562.4
----------------------------------------------------------------------------------------------------------------

                                                    Non-EGUs
----------------------------------------------------------------------------------------------------------------
Delaware City Refinery NOX CAP (1650 tpy) post-2015.............        1,157.26            0.00            0.00
Reciprocating Internal Combustion Engines--Maximum Achievable               0.02            0.08            0.00
 Control Technology, (RICE MACT) (76 FR 12863)..................
Chrysler Plant Shutdown/unit shutdown...........................            6.50            0.89           16.64
----------------------------------------------------------------------------------------------------------------
                                                    Non-point
----------------------------------------------------------------------------------------------------------------
RICE MACT.......................................................           42.51            0.30            0.00
EPA New Source Performance Standards for Woodstoves (NSPS), 40              5.00           76.64            0.84
 CFR part 60, subpart AAA.......................................
Non-road (NMIM model)...........................................          918              53              88
On-road (MOVES model)...........................................        4,304             125               2
----------------------------------------------------------------------------------------------------------------
                                 Marine Vessels, Aircraft and Locomotives (MAR)
----------------------------------------------------------------------------------------------------------------
Control of Emissions of Air Pollution from Locomotive Engines             933              37             152
 and Marine Compression-Ignition Engines Less Than 30 Liters per
 Cylinder; Republication; Final Rule. (73 FR 37096).............
Control of Emissions From New Marine Compression-Ignition                 631              90             836
 Engines at or Above 30 Liters per Cylinder (75 FR 22895).......
                                                                 -----------------------------------------------
    Totals......................................................        9,241             394           7,660
----------------------------------------------------------------------------------------------------------------

     Table 11b--2008 to 2025 Emission Reductions due to Control Measures for the 2006 24-Hour PM2.5 Standard
----------------------------------------------------------------------------------------------------------------
                                                                     NOX             PM2.5             SO2
----------------------------------------------------------------------------------------------------------------
                                                      EGUs
----------------------------------------------------------------------------------------------------------------
DE Admin Code 1146 (Multi-Pollutant Regulation)..............            953.4              3.5          5,171.1
----------------------------------------------------------------------------------------------------------------
                                                    Non-EGUs
----------------------------------------------------------------------------------------------------------------
Delaware City Refinery NOX CAP (1650 tpy) post-2015..........            874.7              0.0              0.0
RICE MACT (76 FR 12863)......................................              0.0              0.1              0.0
Chrysler Plant Shutdown/unit shutdown........................              8.4              0.7              6.0
----------------------------------------------------------------------------------------------------------------
                                                      Area
----------------------------------------------------------------------------------------------------------------
RICE MACT....................................................             42.5              0.3              0.3
Woodstoves NSPS, 40 CFR part 60..............................              4.9             74.1              0.8
Non-road (NMIM model)........................................            840               45               25
On-road (MOVES model)........................................          3,038               83               -3
----------------------------------------------------------------------------------------------------------------
                                 Marine Vessels, Aircraft and Locomotives (MAR)
----------------------------------------------------------------------------------------------------------------
Control of Emissions of Air Pollution from Locomotive Engines            862.3             32.9            150.1
 and Marine Compression-Ignition Engines Less Than 30 Liters
 per Cylinder; Republication; Final Rule. (73 FR 37096)......
Control of Emissions From New Marine Compression-Ignition                597.3             90.7            850.7
 Engines at or Above 30 Liters per Cylinder (75 FR 22895)....
                                                              --------------------------------------------------
    Total....................................................          7,221              330            6,200
----------------------------------------------------------------------------------------------------------------

    Delaware included Regulation 1142, Section 2.0, Control of Nitrogen
Oxide (NOX) Emissions from Industrial Boilers and Process
Heaters at Petroleum Refineries, in that list. However, as explained
above, Regulation 1142, Section 2.0 is the subject of a separate
proposed rulemaking action, published on February 22, 2013 (78 FR
12460). Therefore, EPA has conducted an analysis to determine if the
area can demonstrate maintenance without emission reductions from that
regulation.
    Delaware has determined that Regulation 1142, Section 2.0, also
known as the Delaware City Refinery NOX Cap, achieves
1,157.26 tons of NOX reductions between 2007 and 2025, and
874.7 tons of NOX reductions between 2008 and 2025. (See
Tables 8-6 of Delaware's redesignation requests for the 1997 annual and
2006 24-hour PM2.5 NAAQS, respectively.)

Table 12--Maintenance Demonstration, Not Considering Emission Reductions
                      From Delaware Regulation 1142
------------------------------------------------------------------------

------------------------------------------------------------------------
1997 annual PM[bdi2].[bdi5] NAAQS NOX   2006 24-hour
                (tons)              PM[bdi2].[bdi5] NAAQS
                                         NOX (tons)
------------------------------------------------------------------------
2025 Maintenance Year...........  81,  2025 Maintenance         73,640
                                  868   Year.
Plus Reductions from Regulation   1,1  Plus Reductions             874.7
 1142, Section 2.                 57.   from Regulation
                                  26    1142, Section 2.
Adjusted 2025...................  83,  Adjusted 2025......      74,515
                                  025
2007 Attainment Year............  187  2008 Attainment         147,247
                                  ,96   Year.
                                   7
------------------------------------------------------------------------

    In both cases, the adjusted 2025 NOX emissions are well
below the attainment year emissions. Therefore, Regulation 1142,
Section 2 is not needed for maintenance of either the 1997 annual or
2006 24-hour PM2.5 NAAQS. Therefore, EPA is not relying upon
Regulation 1142, Section 2.0 in its evaluation of Delaware's
maintenance plans for the 1997 annual or 2006 24-hour PM2.5
NAAQS.
3. Monitoring Network
    There are four PM2.5 monitors in the Delaware portion of
the Philadelphia Area. Delaware's maintenance plans include a
commitment to continue to operate its EPA-approved monitoring network,
as necessary to demonstrate ongoing compliance with the 1997 annual and
2006 24-hour PM2.5 NAAQS. DNREC will consult with EPA prior
to making any necessary changes to the PM2.5 monitoring
network and will continue to quality assure the monitoring data in
accordance with the requirements of 40 CFR part 58.
4. Verification of Continued Attainment
    Delaware will acquire ambient monitoring and source emission data
to track attainment and maintenance. Delaware will also track the
progress of the maintenance demonstration by periodically updating the
emissions inventory as required by the Annual Air Emissions Reporting
Requirements Rule (AERR), or as required by federal regulation during
the maintenance plan period. This includes developing annual
inventories for major point sources and a comprehensive periodic
inventory covering all source categories every three years. Tracking
will include the evaluation of annual and periodic evaluations for any
significant emission increases above the 2007 and 2008 attainment year
levels.
5. Contingency Measures
    The contingency plan provisions are designed to promptly correct a
violation of either the 1997 annual or the 2006 24-hour
PM2.5 NAAQS that occurs in the Area after redesignation.
Section 175A of the CAA requires that a maintenance plan include such
contingency measures as EPA deems necessary to ensure that Delaware
will promptly correct a violation of either the 1997 annual or the 2006
24-hour PM2.5 NAAQS that occurs in the Area after
redesignation. The maintenance plan should identify the events that
would ``trigger'' the adoption and implementation of a contingency
measure(s), the contingency measure(s) that would be adopted and
implemented, and the schedule indicating the time frame by which the
state would adopt and implement the measure(s).
    Delaware's maintenance plans outline the procedures for the
adoption and implementation of contingency measures to further reduce
emissions should a violation occur. Delaware's contingency measures
include a warning level response and an action level response. An
initial warning level response is triggered for the 1997 annual
PM2.5 NAAQS when the PM2.5 average of the
weighted annual mean for a single calendar year exceeds 15.1 [mu] g/
m\3\ at any monitor within the Philadelphia Area. An initial warning
level response is triggered for the 2006 24-hour PM2.5 NAAQS
when the 98th percentile 24-hour PM2.5 concentration for a
single calendar year exceeds 35.5 [mu] g/m\3\ within the Area. In
addition, for both the 1997 annual and 2006 24-hour PM2.5, a
warning level response is also triggered if total PM2.5,
NOX and SO2 emissions in the Delaware portion of
the Area increase more than 10% above attainment year levels.
    For the 1997 annual PM2.5 NAAQS, the action level
response will be prompted by any one of the following: (1) A two-year
average of the weighted annual mean of 15.1 [mu] g/m\3\ or greater
occurs within the Area; or (2) a violation of the standard occurs in
the Area (i.e. a three-year average of the weighted annual means of
15.1 [mu] g/m\3\ or greater). For the 2006 24-hour PM2.5
NAAQS, the action level response will be prompted by any one of the
following: (1) a two-year average of the 98th percentile of 35.5 [mu]
g/m\3\or greater within the Area; or (2) a violation of the standard
occurs in the Area (i.e. a three-year average of the 98th percentile of
35.5 [mu] g/m\3\ or greater).
    In order to select appropriate corrective measures for warning or
action level triggers, DNREC will conduct a study to determine the
causes of the violation and the control measures necessary to mitigate
the problem. The study will evaluate whether the trend, if any, is
likely to continue and if so, the control measures necessary to reverse
the trend taking into consideration ease and timing for implementation
as well as economic and social considerations. Based on the results of
the analysis, contingency measures will be selected. However, if a new
measure is already promulgated and scheduled to be implemented at the
federal or state level at such time after the exceedance, and that
measure or control is determined to be sufficient to address the upward
trend in air quality, additional local measures may be unnecessary.
Delaware will submit to EPA an analysis to demonstrate the proposed
measures are adequate to return the area to attainment. Adoption of
additional control measures is subject to necessary administrative and
legal processes.
    Should a warning level response be triggered, measures that can be
implemented in a short time will be selected in order to be in place
within 18 months from the close of the calendar year that prompted the
warning level. Should an action level response be triggered,
implementation of necessary control measures will take place as
expeditiously as possible, but in no event later than 18 months after
the DNREC makes a determination, based on quality-assured ambient data,
that a violation of the NAAQS has occurred.
    DNREC has indentified the following potential contingency measures
for both the 1997 annual and 2006 24-hour maintenance plans.
     Lower particulate limits for No. 6 fuel oil-fired boilers.
     Working with the local metropolitan planning agencies to
implement transportation control measures.
     Low-sulfur distillate and residual fuels.
     Additional PM2.5 controls for EGUs and large
industrial boilers burning

fuels other than distillate fuel or natural gas.
     Vehicle inspection and maintenance program enhancements
(increase weight limit, addition of diesel vehicles, etc.).
     Alternative fuel and additional diesel retrofit programs
for fleet vehicle operations.
     Require NOX or SO2 emission offsets
for new and modified major sources.
     Increase the ratio of emission offsets required for new
sources.
     Require NOX or SO2 controls on new
minor sources (less than 100 tons).
     Require increased recovery efficiency at sulfur recovery
plants.
     Broader geographic applicability of existing measures.
     Fuel switching from coal to natural gas at the Calpine
Edge Moor power plant (contingency measure only in the 24-hour
PM2.5 NAAQS maintenance plan).
6. EPA's Evaluation of VOC and Ammonia Precursors in Delaware's
Maintenance Plans
    With regard to the redesignation of the Delaware portion of the
Philadelphia Area in evaluating the effect of the Court's remand of
EPA's 1997 PM2.5 Implementation Rule, which included
presumptions against consideration of VOC and ammonia as
PM2.5 precursors, EPA in this proposed rulemaking action is
also considering the impact of the decision on the maintenance plan
required under sections 175A and 107(d)(3)(E)(iv). To begin with, EPA
notes that the Area has attained both the 1997 annual and 2006 24-hour
PM2.5 standard and that Delaware has shown that attainment
of these standards is due to permanent and enforceable emission
reductions.
    EPA proposes to determine that the Delaware's maintenance plan
shows continued maintenance of the 1997 annual and 2006 24-hour
PM2.5 standards by tracking the levels of the precursors
whose control brought about attainment of the standards in the
Philadelphia Area. EPA, therefore, believes that the only additional
consideration related to the maintenance plan requirements that results
from the Court's January 4, 2013 decision is that of assessing the
potential role of VOC and ammonia in demonstrating continued
maintenance in this Area. As explained subsequently, based upon
documentation provided by the State and supporting information, EPA
believes that the maintenance plans for the Delaware portion of the
Area need not include any additional emission reductions of VOC or
ammonia in order to provide for continued maintenance of the 1997
annual and the 2006 24-hour PM2.5 NAAQS.
    First, as noted previously in EPA's discussion of section 189(e),
VOC emission levels in the Philadelphia Area have historically been
well-controlled under SIP requirements related to ozone and other
pollutants. Second, total ammonia emissions throughout the Philadelphia
Area are low, especially in comparison to the total amounts of
SO2, NOX, and even direct PM2.5
emissions from sources in the Area.
    In the Philadelphia Area, emissions of direct PM2.5,
NOX, and SO2 are projected to decrease by 9,055
tpy, 106,099 tpy, and 34,265 tpy, respectively, over the maintenance
period for the 1997 annual PM2.5 NAAQS and by 6,287 tpy,
73,606 tpy, and 29,990 tpy, respectively, over the maintenance period
for the 2006 24-hour PM2.5 NAAQS. See Tables 5b through 10b.
In addition, emissions inventories used in the regulatory impact
analysis (RIA) for the 2012 PM2.5 NAAQS \12\ show that VOC
and ammonia emissions are projected to decrease by 33,076 tpy and 611
tpy, respectively, between 2007 and 2020. See Table 13. While the RIA
emissions inventories are only projected out to 2020, there is no
reason to believe that this downward trend would not continue through
2025. Given that the Philadelphia Area is already attaining the 1997
annual and 2006 24-hour PM2.5 NAAQS even with the current
level of emissions from sources in the area, the downward trend of
emissions inventories would be consistent with continued attainment.
Indeed, projected emissions reductions for the precursors that the
State is addressing for purposes of the 1997 annual and 2006 24-hour
PM2.5 NAAQS indicate that the area should continue to attain
the NAAQS following the precursor control strategy that the state has
already elected to pursue. Even if VOC and ammonia emissions were to
increase unexpectedly between 2020 and 2025, the overall emissions
reductions projected in direct PM2.5, SO2, and
NOX would be sufficient to offset any increases. For these
reasons, EPA believes that local emissions of all of the potential
PM2.5 precursors will not increase to the extent that they
will cause monitored PM2.5 levels to violate the 1997 annual
and 2006 24-hour PM2.5 standard during the maintenance
period.
---------------------------------------------------------------------------

    \12\ Review of the NAAQS for Particulate Matter--Regulatory
Impact Analysis.'' Docket ID No. EPA-HQ-OAR-2010-0955.

                    Table 13--Comparison of 2007 and 2020 Emissions of VOC and Ammonia for the Entire Philadelphia Area, in tpy \13\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                VOC                                           Ammonia
                                                         -----------------------------------------------------------------------------------------------
                         Sector                                                             Net change                                      Net change
                                                               2007            2020          2007-2020         2007            2020          2007-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point...................................................           9,475           8,906             569             905           1,085            -180
Area....................................................          71,981          72,537            -556           4,821           5,001            -180
Non-road................................................          27,267          16,032          11,234              34              40              -6
On-road.................................................          35,169          13,340          21,829           2,005           1,029             977
Fires...................................................           1,798           1,798               0             125             125               0
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................         145,689         112,613          33,076           7,890           7,279             611
--------------------------------------------------------------------------------------------------------------------------------------------------------

---------------------------------------------------------------------------

    \13\ These emissions estimates were taken from the emissions
inventories developed for the RIA for the 2012 PM2.5
NAAQS.
---------------------------------------------------------------------------

    In addition, available air quality modeling analyses show continued
maintenance of the standard during the maintenance period. The current
annual design value for the Area is 13.7 [mu]g/m\3\ and the current 24-
hour design value is 33 [mu]g/m\3\, based on 2010-2012 air quality
data, which are well below the levels of the 1997 annual and 2006 24-
hour PM2.5 NAAQS. See Tables 1 and 2. Moreover, the modeling
analysis

conducted for the RIA for the 2012 PM2.5 NAAQS indicates
that the design values for the Philadelphia Area are expected to
continue to decline through 2020. In the RIA analysis, the 2020 modeled
annual design value for the Area is 9.4 [mu]g/m\3\ and the 2020 24-hour
design value is 24 [mu]g/m\3\.\14\ Given that most precursor emissions
are projected to decrease through 2025, it is reasonable to conclude
that monitored PM2.5 levels in the Area will also continue
to decrease through 2025.
---------------------------------------------------------------------------

    \14\ The 2020 projected PM2.5 design values are part
of the RIA for the 2012 PM2.5 NAAQS.
---------------------------------------------------------------------------

    Thus, EPA believes that there is ample justification to conclude
that the Delaware portion of the Philadelphia Area should be
redesignated, even taking into consideration the emissions of other
precursors potentially relevant to PM2.5. After
consideration of the D.C. Circuit's January 4, 2013 decision, and for
the reasons set forth in this rulemaking action, EPA proposes to
approve Delaware's maintenance plans and requests to redesignate its
portion of the Philadelphia Area to attainment for the 1997 annual and
2006 24-hour PM2.5 standards. This proposed approval is
based on a showing that Delaware's maintenance plans provides for
maintenance of both the 1997 annual and 2006 24-hour PM2.5
standards for at least ten years after redesignation, throughout 2025,
in accordance with section 175A.

C. Motor Vehicle Emissions Budgets

    Section 176(c) of the CAA requires Federal actions in nonattainment
and maintenance areas to ``conform to'' the goals of SIPs. This means
that such actions will not cause or contribute to violations of a
NAAQS, worsen the severity of an existing violation, or delay timely
attainment of any NAAQS or any interim milestone. Actions involving
Federal Highway Administration (FHWA) or Federal Transit Administration
(FTA) funding or approval are subject to the transportation conformity
rule (40 CFR part 93, subpart A). Under this rule, metropolitan
planning organizations (MPOs) in nonattainment and maintenance areas
coordinate with state air quality and transportation agencies, EPA, and
the FHWA and FTA to demonstrate that their long range transportation
plans and transportation improvement programs (TIP) conform to
applicable SIPs. This is typically determined by showing that estimated
emissions from existing and planned highway and transit systems are
less than or equal to the MVEBs contained in the SIP.
    On December 12, 2012, Delaware submitted a SIP revision that
contains the PM2.5 and NOX on-road mobile source
budgets. In a separate and concurrent process, EPA is conducting a
process to find adequate the MVEBs for New Castle County which are
associated with the Delaware maintenance plan for the Philadelphia
Area. Concurrently with EPA's proposal to approve the SIP, a notice
will be posted on EPA's Web site at http://www.epa.gov/otaq/stateresources/transconf/currsips.htm for the purpose of opening a 30-
day public comment period on the adequacy of the MVEBs for New Castle
County in the maintenance plan for the Philadelphia Area. That notice
will inform the public of the availability of the Delaware SIP revision
on DNREC's Web site. Interested members of the public can access
Delaware's December 12, 2012 SIP revision on line at
www.regulations.gov, Docket No. EPA-R03-OAR-2014-0022. Following EPA's
public comment period, responses to any comments received will be
addressed. EPA has reviewed the MVEBs and found them consistent with
the maintenance plan and that the budgets meet the criteria for
adequacy and approval. Additional information pertaining to the review
of the MVEBs can be found in the TSD in this docket titled Adequacy
Findings for the Motor Vehicle Emissions Budgets in the Maintenance
Plan for the Delaware Portion of the Philadelphia-Wilmington PA-NJ-DE
1997 Fine Particulate (PM2.5) National Ambient Air Quality
Standard (NAAQS) Nonattainment Area.

VI. Proposed Actions

    EPA is proposing to approve Delaware's requests to redesignate the
Delaware portion of the Philadelphia Area from nonattainment to
attainment for the 1997 annual and the 2006 24-hour PM2.5
NAAQS. EPA has evaluated Delaware's redesignation requests and
determined that upon approval of the 2008 comprehensive emissions
inventory for the 2006 24-hour PM2.5 NAAQS proposed as part
of this rulemaking action, it would meet the redesignation criteria set
forth in section 107(d)(3)(E) of the CAA for both standards. EPA
believes that the monitoring data demonstrate that the Philadelphia
Area is attaining and will continue to attain the 1997 annual and 2006
24-hour PM2.5 NAAQS. EPA is also proposing to approve the
associated maintenance plans for the Delaware portion of the Area as a
revision to the Delaware SIP for the 1997 annual and 2006 24-hour
PM2.5 standards because it meets the requirements of CAA
section 175A for both standards. For transportation conformity
purposes, EPA is also proposing to approve MVEBs for both the 1997
annual and 2006 24-hour PM2.5 standards. Final approval of
the redesignation requests would change the official designations of
the Delaware portion of the Philadelphia Area for the 1997 annual and
the 2006 24-hour PM2.5 NAAQS, respectively, found at 40 CFR
part 81, from nonattainment to attainment, and would incorporate into
the Delaware SIP the associated maintenance plans ensuring continued
attainment of the 1997 annual and 2006 24-hour PM2.5 NAAQS
in the Delaware portion of the Area for the next 10 years, until 2025.
EPA is soliciting public comments on the issues discussed in this
document. These comments will be considered before taking final action.

VII. Statutory and Executive Order Reviews

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

affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Public Law 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule, in which EPA is proposing approval of the
redesignation requests and maintenance plans for the Delaware portion
of the Philadelphia Area for the 1997 annual and 2006 24-hour
PM2.5 NAAQS and the 2008 comprehensive emissions inventory
for the 2006 24-hour PM2.5 NAAQS, does not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is not approved to apply in Indian
country located in the state, and EPA notes that it will not impose
substantial direct costs on tribal governments or preempt tribal law.

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Air pollution control, National parks, and Wilderness areas.

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

    Dated: April 2, 2014.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2014-08246 Filed 4-10-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 49 (Thursday, March 12, 2020)] [Notices] [Pages 14512-14513] [FR Doc No: 2020-05163]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting; Cancellation

FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: 85 FR 13691, March  9, 2020.

PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING: Wednesday, March 11,  2020 at 9:00 a.m.

CHANGES IN THE MEETING: The Open Meeting scheduled for Wednesday, March  11, 2020 at 9:00 a.m., has been cancelled.

CONTACT PERSON FOR MORE INFORMATION: For further information; please  contact Vanessa A. Countryman from the Office of the Secretary at (202)  551-5400.

    Dated: March 10, 2020. Vanessa A. Countryman, Secretary. [FR Doc. 2020-05163 Filed 3-10-20; 4:15 pm]  BILLING CODE 8011-01-P


Page 1 of 2 Carol Stangel 02/ 26/ 2004 02: 51 PM To: britt@ cetos. org, cbaker@ gowanco. com, cwbrickey@ aol. com, pbright@ abcbirds. org, screscenzi@ steptoe. com, lelworth@ agcenter. org, ccqc1946@ pacbell. net, Ted. Head@ us. nufarm. com, Skellner@ cpsa. org, glibman@ att. net, lori@ yurok. com, therese. murtagh@ usda. gov, perreault. peg@ epa. gov, pquinn@ theaccordgroup. com, rosenberg@ pestworld. org, rutzs@ doacs. state. fl. us, TroyS@ peta. org, julie. spagnoli. b@ bayer. com, nefcon@ aol. com, warren@ cpda. com, jvroom@ croplifeamerica. org, rmcallister@ croplifeamerica. org, wichterman@ lcmcd. org, eolson@ nrdc. org, Debora@ appma. org cc: Jay Ellenberger/ DC/ USEPA/ US@ EPA, Susan Lewis/ DC/ USEPA/ US@ EPA, Vivian Prunier/ DC/ USEPA/ US@ EPA, Richard Dumas/ DC/ USEPA/ US@ EPA, TJ Wyatt/ DC/ USEPA/ US@ EPA, Margie Fehrenbach/ DC/ USEPA/ US@ EPA Subject: Agenda for PPDC Registration Review Workgroup Meeting on March 1, 2004 Dear Workgroup Member,

We hope you can participate in the PPDC Registration Review Workgroup meeting on Monday, March 1, 2004, from 1: 00 pm to 5: 00 pm in the Fishbowl ( Room 1126), Crystal Mall 2, 1921 Jefferson Davis Highway, Arlington, Virginia.

Teleconferencing Teleconferencing is available for Workgroup members who are unable to attend the meeting in person.

The call in number is: [ deleted] The meeting number is: *[ deleted]* ( must enter the * key before and after the number)

Agenda I. Welcome and Introductions ... Jay Ellenberger and Susan Lewis II. Review of Minutes from February 2, 2004, Meeting/ Conference Call ... Vivian Prunier Page 2 of 2 III. Updates on Issues 1, 2, and 5 1. What action( s) initiates a pesticide's registration review? 2. Early submission of information. 5. What is a registration review decision?

IV. Discuss Economic Issues 3 and 4 3. Cost of the registration review program. 4. Benefits of the program.

costs & benefits. wpd costs & benefits. doc V. Planning for May 2004 PPDC Meeting Who prepares draft presentation? Choose date to meet and discuss draft presentation.

Thank you for your continuing participation in the PPDC Registration Review Workgroup.

Carol Stangel Communications Officer, Special Review & Reregistration Division Office of Pesticide Programs US EPA Phone: 703 308 8007 Fax: 703 308 8005 Email: stangel. carol@ epa. gov


[Federal Register Volume 79, Number 229 (Friday, November 28, 2014)]
[Notices]
[Pages 70917-70920]
[FR Doc No: 2014-28071]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25854; FMCSA-2011-0389; FMCSA-2012-0294; FMCSA-
2013-0109]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to grant requests from five
individuals for exemptions from the regulatory requirement that
interstate commercial motor vehicle (CMV) drivers have ``no established
medical history or clinical diagnosis of epilepsy or any other
condition which is likely to cause loss of consciousness or any loss of
ability to control a CMV.'' The regulation and the associated advisory
criteria published in the Code of Federal Regulations as the
``Instructions for Performing and Recording Physical Examinations''
have resulted in numerous drivers being prohibited from operating CMVs
in interstate commerce based on the fact that they have had one or more
seizures and are taking anti-seizure medication, rather than an
individual analysis of their circumstances by a qualified medical
examiner. The Agency concluded that granting exemptions for these CMV
drivers will provide a level of safety that is equivalent to or greater
than the level of safety maintained without the exemptions. FMCSA
grants exemptions that will allow these five individuals to operate
CMVs in interstate commerce for a 2-year period. The exemptions preempt
State laws and regulations and may be renewed.

DATES: The exemptions are effective November 28, 2014. The exemptions
expire on November 28, 2016.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Division Chief,
Physical Qualifications, Office of Medical Programs,<PHONE_NUMBER>,
<EMAIL_ADDRESS>FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office
hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:

A. Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of DOT's dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, or other
entity). You may review DOT's complete Privacy Act Statement in the
Federal Register (73 FR 3316, January 17, 2008). This statement is also
available at http://Docketinfo.dot.gov.

B. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the safety regulations for a 2-year period if it finds ``such
exemption would likely achieve a level of safety that is equivalent to
or greater than the level that would be achieved absent such
exemption.'' The statute also allows the Agency to renew exemptions at
the end of the 2-year period.
    FMCSA grants five individuals an exemption from the regulatory
requirement in Sec.  391.41(b)(8), to allow these individuals who take
anti-seizure medication to operate CMVs in interstate commerce for a 2-
year period. The Agency's decision on these exemption applications is
based on an individualized assessment of each applicant's medical
information, including the root cause of the respective seizure(s), the
length of time elapsed since the individual's last seizure, and each
individual's treatment regimen. In addition, the Agency reviewed each
applicant's driving record found in the Commercial Driver's License
Information System (CDLIS) \1\

for commercial driver's license (CDL) holders, and interstate and
intrastate inspections recorded in Motor Carrier Management Information
System (MCMIS).\2\ For non-CDL holders, the Agency reviewed the driving
records from the State licensing agency. The Agency acknowledges the
potential consequences of a driver experiencing a seizure while
operating a CMV. However, the Agency believes the drivers covered by
the exemptions granted here have demonstrated that they are unlikely to
have a seizure and their medical condition does not pose a risk to
public safety.
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    \1\ Commercial Driver License Information System (CDLIS) is an
information system that allows the exchange of commercial driver
licensing information among all the States. CDLIS includes the
databases of fifty-one licensing jurisdictions and the CDLIS Central
Site, all connected by a telecommunications network.
    \2\ Motor Carrier Management Information System (MCMIS) is an
information system that captures data from field offices through
SAFETYNET, CAPRI, and other sources. It is a source for FMCSA
inspection, crash, compliance review, safety audit, and registration
data.
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    In reaching the decision to grant these exemption requests, the
Agency considered both current medical literature and information and
the 2007 recommendations of the Agency's Medical Expert Panel (MEP).
The Agency previously gathered evidence for potential changes to the
regulation at 49 CFR 391.41(b)(8) by conducting a comprehensive review
of scientific literature that was compiled into the ``Evidence Report
on Seizure Disorders and Commercial Vehicle Driving'' (Evidence Report)
[CD-ROM HD TL230.3 .E95 2007]. The Agency then convened a panel of
medical experts in the field of neurology (the MEP) on May 14-15, 2007,
to review 49 CFR 391.41(b)(8) and the advisory criteria regarding
individuals who have experienced a seizure, and the 2007 Evidence
Report. The Evidence Report and the MEP recommendations are published
on-line at http://www.fmcsa.dot.gov/rules-regulations/topics/mep/mep-reports.htm, under Seizure Disorders, and are in the docket for this
notice.

MEP Criteria for Evaluation

    On October 15, 2007, the MEP issued the following recommended
criteria for evaluating whether an individual with epilepsy or a
seizure disorder should be allowed to operate a CMV.\3\ The MEP
recommendations are included in previously published dockets.
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    \3\ Engel, J., Fisher, R.S., Krauss, G.L., Krumholz, A., and
Quigg, M.S., ``Expert Panel Recommendations: Seizure Disorders and
Commercial Motor Vehicle Driver Safety,'' FMCSA, October 15, 2007.
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    Epilepsy diagnosis. If there is an epilepsy diagnosis, the
applicant should be seizure-free for 8 years, on or off medication. If
the individual is taking anti-seizure medication(s), the plan for
medication should be stable for 2 years. Stable means no changes in
medication, dosage, or frequency of medication administration.
Recertification for drivers with an epilepsy diagnosis should be
performed every year.
    Single unprovoked seizure. If there is a single unprovoked seizure
(i.e., there is no known trigger for the seizure), the individual
should be seizure-free for 4 years, on or off medication. If the
individual is taking anti-seizure medication(s), the plan for
medication should be stable for 2 years. Stable means no changes in
medication, dosage, or frequency of medication administration.
Recertification for drivers with a single unprovoked seizure should be
performed every 2 years.
    Single provoked seizure. If there is a single provoked seizure
(i.e., there is a known reason for the seizure), the Agency should
consider specific criteria that fall into the following two categories:
low-risk factors for recurrence and moderate-to-high risk factors for
recurrence.
     Examples of low-risk factors for recurrence include
seizures that were caused by a medication; by non-penetrating head
injury with loss of consciousness less than or equal to 30 minutes; by
a brief loss of consciousness not likely to recur while driving; by
metabolic derangement not likely to recur; and by alcohol or illicit
drug withdrawal.
     Examples of moderate-to-high-risk factors for recurrence
include seizures caused by non-penetrating head injury with loss of
consciousness or amnesia greater than 30 minutes, or penetrating head
injury; intracerebral hemorrhage associated with a stroke or trauma;
infections; intracranial hemorrhage; post-operative complications from
brain surgery with significant brain hemorrhage; brain tumor; or
stroke.

The MEP report indicates individuals with moderate to high-risk
conditions should not be certified. Drivers with a history of a single
provoked seizure with low risk factors for recurrence should be
recertified every year.

Medical Review Board Recommendations and Agency Decision

    FMCSA presented the MEP's findings and the Evidence Report to the
Medical Review Board (MRB) for consideration. The MRB reviewed and
considered the 2007 ``Seizure Disorders and Commercial Driver Safety''
evidence report and the 2007 MEP recommendations. The MRB recommended
maintaining the current advisory criteria, which provide that ``drivers
with a history of epilepsy/seizures off anti-seizure medication and
seizure-free for 10 years may be qualified to drive a CMV in interstate
commerce. Interstate drivers with a history of a single unprovoked
seizure may be qualified to drive a CMV in interstate commerce if
seizure-free and off anti-seizure medication for a 5 year period or
more'' [Advisory criteria to 49 CFR 391.43(f)].
    The Agency acknowledges the MRB's position on the issue but
believes relevant current medical evidence supports a less conservative
approach. The medical advisory criteria for epilepsy and other seizure
or loss of consciousness episodes was based on the 1988 ``Conference on
Neurological Disorders and Commercial Drivers'' (NITS Accession No.
PB89-158950/AS). A copy of the report can be found in the docket
referenced in this notice.
    The MRB's recommendation treats all drivers who have experienced a
seizure the same, regardless of individual medical conditions and
circumstances. In addition, the recommendation to continue prohibiting
drivers who are taking anti-seizure medication from operating a CMV in
interstate commerce does not consider a driver's actual seizure history
and time since the last seizure. The Agency has decided to use the 2007
MEP recommendations as the basis for evaluating applications for an
exemption from the seizure regulation on an individual, case-by-case
basis.

C. Exemptions

    Following individualized assessments of the exemption applications,
including a review of detailed follow-up information requested from
each applicant, FMCSA is granting exemptions from 49 CFR 391.41(b)(8)
to five individuals. Under current FMCSA regulations, all of the five
drivers receiving exemptions from 49 CFR 391.41(b)(8) would have been
considered physically qualified to drive a CMV in interstate commerce
except that they presently take or have recently stopped taking anti-
seizure medication. For these five drivers, the primary obstacle to
medical qualification was the FMCSA Advisory Criteria for Medical
Examiners, based on the 1988 ``Conference on Neurological Disorders and
Commercial Drivers,'' stating that a driver should be off anti-seizure
medication in order to drive in interstate commerce. In fact, the
Advisory Criteria have little if anything to do with the actual risk of
a seizure and more to do with assumptions about individuals who are
taking anti-seizure medication.
    In addition to evaluating the medical status of each applicant,
FMCSA evaluated the crash and violation data

for the five drivers, some of whom currently drive a CMV in intrastate
commerce. The CDLIS and MCMIS were searched for crash and violation
data on the five applicants. For non-CDL holders, the Agency reviewed
the driving records from the State licensing agency.
    These exemptions are contingent on the driver maintaining a stable
treatment regimen and remaining seizure-free during the 2-year
exemption period. The exempted drivers must submit annual reports from
their treating physicians attesting to the stability of treatment and
that the driver has remained seizure-free. The driver must undergo an
annual medical examination by a medical examiner, as defined by 49 CFR
390.5, following the FCMSA's regulations for the physical
qualifications for CMV drivers.
    FMCSA published a notice of receipt of application and requested
public comment during a 30-day public comment period in a Federal
Register notice for each of the applicants. A short summary of the
applicants' qualifications and a discussion of the comments received
follows this section. For applicants who were denied an exemption, a
notice will be published at a later date.

D. Comments

Docket # FMCSA-2006-25854

    On August 9, 2007, FMCSA published a notice of receipt of exemption
applications and requested public comment on nine individuals (72 FR
44916; Docket number FMCSA-2006-25854). The comment period ended on
September 10, 2007. Five comments were received. A discussion of the
comments were presented in a previous notice. Of the nine applicants,
five were previously granted exemptions, one withdrew his request, and
two were denied. The Agency has determined that the following applicant
should be granted an exemption.
Jay Whitehead
    Mr. Whitehead is a 51 year-old class B CDL holder in New York. He
has a history of seizures and has remained seizure free since 1983. He
takes anti-seizure medication with the dosage and frequency remaining
the same for over 2 years. If granted the exemption, he would like to
continue to drive a CMV. His physician states he is supportive of Mr.
Whitehead receiving an exemption.

Docket # FMCSA-2011-0389

    On January 5, 2012, FMCSA published a notice of receipt of
exemption applications and requested public comment on 15 individuals
(77 FR 33781; Docket number FMCSA-2011-0389). The comment period ended
on February 5, 2012. Seven comments were received. A discussion of the
comments were presented in a previous notice. Of the 15 applicants,
three were previously granted exemptions. FMCSA has determined that the
following applicant should be granted an exemption. The Agency will
issue a decision on the other drivers at a later date.
Lonnie Rieker
    Mr. Rieker is a 55 year-old class A CDL holder in Illinois. He has
a history of a single seizure and has remained seizure free for 4
years. He takes anti-seizure medication with the dosage and frequency
remaining the same for over 2 years. If granted the exemption, he would
like to continue to drive a CMV. His physician states he is supportive
of Mr. Rieker receiving an exemption.

Docket # FMCSA-2012-0294

    On January 15, 2013, FMCSA published a notice of receipt of
exemption applications and requested public comment on nine individuals
(78 FR 00712; Docket number FMCSA-2012-0294). The comment period ended
on February 15, 2013. Eight comments were received, including three
duplicate comments. A discussion of the comments were presented in a
previous notice. Of the nine applicants, eight were previously granted
exemptions. FMCSA has determined that the following applicant should be
granted an exemption.
Michael Ranalli
    Mr. Ranalli is a 29 year-old driver in Pennsylvania. He has a
history of juvenile epilepsy and has remained seizure free for 8 years.
He takes anti-seizure medication with the dosage and frequency
remaining the same since that time. If granted the exemption, he would
like to drive a CMV. His physician states he is supportive of Mr.
Ranalli receiving an exemption.

Docket # FMCSA-2013-0109

    On November 13, 2013, FMCSA published a notice of receipt of
exemption applications and requested public comment on 11 individuals
(78 FR 68144). The comment period ended on December 13, 2013. No
commenters responded to this Federal Register notice. Of the 11
applicants, four were previously granted exemptions. FMCSA has
determined that the following two applicants should be granted an
exemption. The Agency will issue a decision on the other drivers at a
later date.
Jeffrey Ballweg
    Mr. Ballweg is 51 year-old driver in Wisconsin. He has a history of
epilepsy and has remained seizure free for 8 years. He takes anti-
seizure medication with the dosage and frequency remaining the same for
over 2 years. If granted the exemption, he would like to drive a CMV.
His physician states he is supportive of Mr. Ballweg receiving an
exemption.
Bryan Couture
    Mr. Couture is a 48 year-old class B CDL holder in Rhode Island. He
has a history of seizure and has remained seizure free for 10 years. He
takes anti-seizure medication with the dosage and frequency remaining
the same for over 2 years. If granted the exemption, he would like to
continue to drive a CMV. His physician states he is supportive of Mr.
Couture receiving an exemption.

E. Basis for Exemption

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the epilepsy/seizure standard in 49 CFR 391.41(b)(8) if the
exemption is likely to achieve an equivalent or greater level of safety
than would be achieved without the exemption. Without the exemption,
applicants will continue to be restricted to intrastate driving. With
the exemption, applicants can drive in interstate commerce. Thus, the
Agency's analysis focuses on whether an equal or greater level of
safety is likely to be achieved by permitting each of these drivers to
drive in interstate commerce as opposed to restricting the driver to
driving in intrastate commerce.

Conclusion

    The Agency is granting exemptions from the epilepsy standard, 49
CFR 391.41(b)(8), to five individuals based on a thorough evaluation of
each driver's qualifications, safety experience, and medical condition.
Safety analysis of information relating to these five applicants meets
the burden of showing that granting the exemptions would achieve a
level of safety that is equivalent to or greater than the level that
would be achieved without the exemption. By granting the exemptions,
the interstate CMV industry will gain five highly trained and
experienced drivers. In accordance with 49 U.S.C. 31315(b)(1), each
exemption will be valid for 2 years, with annual recertification
required unless revoked earlier by FMCSA. The exemption will be revoked
if the following occurs: (1)

The person fails to comply with the terms and conditions of the
exemption; (2) the exemption has resulted in a lower level of safety
than was maintained prior to being granted; or (3) continuation of the
exemption would not be consistent with the goals and objectives of 49
U.S.C. 31136 and 31315.
    FMCSA exempts the following five drivers for a period of 2 years
with annual medical certification required: Jeffrey Ballweg (WI); Bryan
Couture (RI); Michael Ranalli (PA); Lonnie Rieker (IL); and Jay
Whitehead (NY) from the prohibition of CMV operations by persons with a
clinical diagnosis of epilepsy or seizures. If the exemption is still
in effect at the end of the 2-year period, the person may apply to
FMCSA for a renewal under procedures in effect at that time.

    Issued on: November 21, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-28071 Filed 11-26-14; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: October 16, 2007 (Volume 72, Number 199)]
[Notices]
[Page 58653]
[DOCID:fr16oc07-63]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER08-20-000]

University of New Hampshire; Notice of Request for Expedited
Consideration and Waivers Under Market Rule 1

October 5, 2007.
    Take notice that on October 2, 2007, the University of New
Hampshire (University) requests that the Commission void the
designation of the University's cogeneration facility as a settlement-
only generator or, in the alternative, waive Market Rule 1.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on October 17, 2007.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-20298 Filed 10-15-07; 8:45 am]

BILLING CODE 6717-01-P