Approval and Promulgation of Air Quality Implementation Plans; Delaware; MOBILE6-Based Motor Vehicle Emission Budgets for the Delaware Portion of the Philadelphia-Wilmington-Trenton 1-Hour Ozone Nonattainment Area

[Federal Register: December 5, 2003 (Volume 68, Number 234)]
[Rules and Regulations]
[Page 67948-67953]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de03-8]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DE072-1042a; FRL-7593-5]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; MOBILE6-Based Motor Vehicle Emission Budgets for the Delaware
Portion of the Philadelphia-Wilmington-Trenton 1-Hour Ozone
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the
Delaware State Implementation Plan (SIP). Specifically, EPA is
approving amendments to the 2005 highway (on road) motor vehicle
emission inventory for the Delaware portion of the Philadelphia-
Wilmington-Trenton area's (the Philadelphia area) 1-hour ozone
attainment plan as a revision to the Delaware SIP. This revision also
serves to amend the 2005 motor vehicle emission budgets (MVEBs) used
for determining transportation conformity under the Clean Air Act. The
revised MVEBs were developed using MOBILE6, the most recent version of
EPA's mobile source emission factor model. Revision of the MVEBs was a
requirement of EPA's prior approval of Delaware's 1-hour ozone
attainment demonstration plan for the Philadelphia severe ozone
nonattainment area. The intended effect of this direct final approval
action is to approve a SIP revision that will assist Delaware in
attaining and demonstrating conformity with the 1-hour ozone standard.
This action is being taken by EPA in accordance with the requirements
of the Clean Air Act.

DATES: This rule is effective on February 3, 2004 without further
notice, unless EPA receives adverse written comment by January 5, 2004.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.

ADDRESSES: Comments may be submitted either by mail or electronically.
Written comments should be mailed to Robert Kramer, Chief, Energy,
Radiation and Indoor Environment Branch, Mailcode 3AP23, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. Electronic comments should be sent
either to kramer.robert@epa.gov or to

[[Page 67949]]

http://www.regulations.gov, which is an alternative method for
submitting electronic comments to EPA. To submit comments, please
follow the detailed instructions described in Part III of the
SUPPLEMENTARY INFORMATION section. Copies of the documents relevant to
this action are available for public inspection during normal business
hours at the Air Protection Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103;
and at the Delaware Department of Natural Resources and Environmental
Control, 156 South State Street, Dover, Delaware 19901.

FOR FURTHER INFORMATION CONTACT: Larry Budney, (215) 814-2184, or by
e-mail at budney.larry@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

A. Delaware's SIP-Approved Attainment Demonstration and Mobile Budget

On October 29, 2001 ( 66 FR 54598), EPA approved Delaware's 1-hour
ozone attainment demonstration plan for the Philadelphia area. As part
of that final rule, EPA required that Delaware revise the plan to
recalculate the 2005 attainment year motor vehicle emission budgets
(MVEBs) for the Delaware portion of the Philadelphia area (Kent and New
Castle Counties). The 2005 MVEBs were to be updated using MOBILE6, the
most recent version of MOBILE, EPA's mobile emission factor model. On
September 2, 2003, Delaware formally submitted a revision to its
attainment demonstration plan for the Philadelphia area, consisting of
updated MOBILE6-based MVEBs for the Delaware portion of the
Philadelphia area.

B. Background on the MOBILE Emission Factor Model and Related EPA
Policy

MOBILE is an EPA emission factor model for estimating pollution
from on-road motor vehicles. The MOBILE model calculates emissions of
volatile organic compounds (VOCs), nitrogen oxides (NO_X) and
carbon monoxide (CO) from passenger cars, motorcycles, buses, and
light-duty and heavy-duty trucks. The model accounts for the emission
impacts of factors such as changes in vehicle emission standards,
changes in vehicle populations and activity, and variation in local
conditions such as temperature, humidity, fuel quality, and air quality
programs. The MOBILE model, first developed in 1978, has been updated
several times to reflect changes to motor vehicles and fuel
composition, to incorporate better understanding of vehicle emissions,
and to reflect new emissions programs. The MOBILE model is used to
calculate current and future inventories of motor vehicle emissions at
the national and local level. These inventories are used to make
decisions about air pollution policy and programs at the local, state
and national level. Mobile source emission inventories based on MOBILE
are used to meet the Federal Clean Air Act's requirements for SIPs and
transportation conformity. EPA announced the release of the MOBILE6
version of the MOBILE model on January 29, 2002 (67 FR 4254) as a
replacement for a MOBILE5 version of the model. In November of 1999,
EPA issued two memoranda \1\ to articulate its policy regarding states
that incorporated MOBILE5-based interim Tier 2 standard \2\ benefits
into their attainment demonstration plans and those plans' associated
MVEBs. EPA has implemented this policy in all ozone nonattainment areas
where a state assumed Federal Tier 2 benefits in its attainment
demonstration plans according to EPA's April 2000 MOBILE5 guidance,
``MOBILE5 Information Sheet #8: Tier 2 Benefits Using
MOBILE5.'' States whose approved attainment demonstrations or
maintenance plans include interim MOBILE5-based estimates of the Tier 2
standards were required to update and resubmit the MVEBs of those plans
after the final release of MOBILE6. EPA's October 29, 2001 (66 FR
54598) approval of Delaware's 1-hour ozone attainment demonstration
plan for the Philadelphia area was based upon interim mobile emission
budgets, with projected reductions from Tier 2 motor vehicle standards
estimated using the MOBILE5 model. EPA's October 29, 2001 approval of
Delaware's 1-hour ozone attainment demonstration for the Philadelphia
area required a MOBILE6-based motor vehicle emission budget SIP revision.
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\1\ Memoranda, ``Guidance on Motor Vehicle Emissions Budgets in
1-Hour Ozone Attainment Demonstrations,'' issued November 3, 1999,
and ``1-Hour Ozone Attainment Demonstrations and Tier2/Sulfur
Rulemaking,'' issued November 8, 1999. Copies of these memoranda can
be found on EPA's Web site at http://www.epa.gov/otaq/transp/traqconf.htm.
\2\ The final rule on Tier 2 Motor Vehicle Emissions Standards
and Gasoline Sulfur Control Requirements (``Tier 2 standards'') for
passenger cars, light trucks, and larger passenger vehicles was
published on February 10, 2000 (65 FR 6698).
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II. Summary of Delaware's SIP Revision and EPA's Review

A. MOBILE6-Based Highway Mobile Source Emission Inventories

On September 2, 2003, the Delaware Department of Natural Resources
and Environmental Control (DNREC) submitted an SIP revision to its
approved attainment plan for the Philadelphia area. The revision
consists of updated inventories of emissions calculated using the
MOBILE6 emission factor model of the ozone precursors VOC and
NO_X from highway mobile sources operating in the Delaware
portion (Kent and New Castle Counties) of the Philadelphia area. These
inventories were generated for summertime periods in 1990, and for
2005, the year the Philadelphia area is to attain the 1-hour ozone
standard. The MOBILE6-based highway emission inventory projections for
VOCs and NO_X for 2005 also serve as the attainment plan's
MVEBs for transportation conformity planning.
The SIP revision is intended to demonstrate that the updated
MOBILE6-based projections of motor vehicle emissions continue to
support the demonstration of attainment of the 1-hour ozone NAAQS for
the Philadelphia area by 2005. Table 1 is presented to compare
Delaware's revised MOBILE6-based motor vehicle emissions inventories
with the previously approved MOBILE5-based inventories, by pollutant,
expressed in units of tons per summer day (tpd). The MOBILE6-based
inventories were developed using the latest available planning
assumptions, including 2002 data from Delaware's Department of
Transportation for vehicle registration, vehicle miles traveled (VMT)
and speeds.

[[Page 67950]]

Table 1.--Comparison of the MOBILE5 and MOBILE6-Based Highway Mobile Emissions for the
Delaware Portion of the Philadelphia-Wilmington-Trenton 1-Hour
Ozone Attainment Plan
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Kent County New Castle County Two-county totals
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VOC NOX VOC NOX VOC NOX
------------------------------------------------------------------------------------------------------------
MOBILE6-Based Estimates (tpd)
------------------------------------------------------------------------------------------------------------
1990 Base Year................... 11.84 9.24 42.16 31.03 54.00 40.27
2005 Attainment Year............. 5.14 8.42 15.08 21.28 20.22 29.70
Percent Reduction................ 56.6 8.9 64.2 31.4 62.6 26.2
------------------------------------------------------------------------------------------------------------
MOBILE5-Based Estimates (tpd)
------------------------------------------------------------------------------------------------------------
1990 Base Year................... 12.89 10.62 34.07 27.04 46.96 37.66
2005 Attainment Year............. 4.84 7.90 14.76 22.92 19.60 30.83
Percent Reduction................ 62.5 25.6 56.7 15.2 58.3 18.1
------------------------------------------------------------------------------------------------------------

EPA's articulated its policy regarding the use of MOBILE6 modeling
for purposes of SIP development in guidance documents entitled ``Policy
Guidance on the Use of MOBILE6 for SIP Development and Transportation
Conformity'' \3\ and ``Clarification of Policy Guidance for MOBILE6 in
Mid-course Review Areas.'' \4\
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\3\ Memorandum, ``Policy Guidance on the Use of MOBILE6 for SIP
development and Transportation Conformity,'' issued January 18,
2002. A copy of this memorandum can be found on EPA's Web site at
http://www.epa.gov/otaq/transp/traqconf.htm.
\4\ Memorandum, ``Clarification of Policy Guidance for MOBILE6
SIPs in Mid-course Review Areas,'' issued February 12, 2003. A copy
of this memorandum can be found on EPA's Web site at http://
www.epa.gov/otaq/transp/traqconf.htm.
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Delaware's September 2, 2003 SIP revision submittal includes an
explanation of the differences between the MOBILE5 and MOBILE6-based
inventories. The submittal also provides a comparison of the relative
reduction, by percentage, between the 1990 and 2005 inventories
generated using the two different versions of the model to ensure that
the approved Philadelphia area 1-hour ozone attainment demonstration
will continue to demonstrate attainment by 2005. The methodology for
this relative reduction comparison consists of comparing the revised
MOBILE6 baseline and attainment case inventories, by pollutant, with
the previously approved MOBILE5 inventory totals for the Delaware
portion of Philadelphia area to determine if attainment can still be
predicted by the attainment date. Delaware then compared these relative
reduction percentages for the MOBILE5 versus MOBILE6 inventories for
1990 and 2005. As indicated in Table 1, the State's relative reduction
comparison for the two-county Delaware portion of the Philadelphia area
shows that the reductions in NO_X and VOC emissions, on a
percentage basis, are greater in the revised MOBILE 6-based inventories
than in the previously approved MOBILE5-based inventories. It should be
noted that because the latest available planning assumptions (e.g.,
2002 data for vehicle registration, vehicle miles traveled (VMT) and
speeds) were also used in the revised MOBILE6-based modeling, this
relative reduction comparison is not a strict comparison of the
differences resulting solely from the use of the MOBILE6 versus MOBILE5
version of the MOBILE model.
EPA's relevant policy guidance also requires Delaware to consider
whether growth and control strategy assumptions for other sources (i.e,
point, area, and non-road mobile sources) were still accurate at the
time of the revised MOBILE6-based MVEBs were developed for submittal as
a SIP revision to the Philadelphia area attainment plan. Delaware's
September 2, 2003 SIP submittal indicates that the overall emissions of
VOC and/or NO_X in the 1996 and 1999 periodic emissions
inventories are below the rate-of-progress emission targets for those
two milestone years, and concludes that the assumptions for growth and
control strategies continue to be valid for the Delaware portion of the
Philadelphia area. EPA finds that Delaware's September 2, 2003 SIP
revision satisfies the conditions outlined in EPA's MOBILE6 policy
guidance, and demonstrates that the new levels of motor vehicle
emissions calculated using MOBILE6 continue to support achievement of
the projected attainment of the 1-hour ozone standard by the attainment
date of 2005 for the Delaware portion of the Philadelphia area.

B. MOBILE6-Based Motor Vehicle Emission Budgets (MVEBs)

As previously stated, the on-road components of VOC and
NO_X emissions of the 2005 attainment plan emission
inventories are the 2005 MVEBs for the Philadelphia area. Those MVEBs
for the Delaware portion of the Philadelphia area are summarized in
Table 2. As indicated in Delaware's September 2, 2003 submittal, these
budgets were developed using the latest planning assumptions, including
2002 vehicle registration, speed and vehicle miles traveled (VMT) data.
Because Delaware's September 2, 2003 submittal satisfies the conditions
outlined in EPA's MOBILE6 policy guidance and demonstrates that the new
levels of motor vehicle emissions calculated using MOBILE6 continue to
support achievement of the projected attainment of the 1-hour ozone
standard, EPA is approving these MVEBs.

Table 2.--MOBILE6-Based Motor Vehicle Emission Budgets (MVEBs) for the Delaware Portion of the 1-Hour Attainment
Demonstration Plan for the Philadelphia-Wilmington-Trenton Area
----------------------------------------------------------------------------------------------------------------
Kent County New Castle County
2005 Attainment year ---------------------------------------------------------------
VOC NOX VOC NOX
----------------------------------------------------------------------------------------------------------------
Emission Budgets (tpd).......................... 5.14 8.42 15.08 21.28
----------------------------------------------------------------------------------------------------------------

[[Page 67951]]

III. Final Action

EPA is approving Delaware's September 2, 2003 SIP revision
submittal which updates the 1990 and 2005 highway mobile VOC and
NO_X emissions inventories and the 2005 MVEBs of the
Philadelphia area attainment plan to reflect the use of MOBILE6. This
SIP revision fulfills the requirement of EPA's October 29, 2001 ( 66 FR
54598) approval of Delaware's 1-hour attainment demonstration plan for
the Philadelphia area that the 2005 highway mobile emissions inventory
and, therefore, the 2005 MVEBs of the plan be updated after the release
of MOBILE6. EPA is publishing this rule without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comment. However, in the ``Proposed Rules'' section of
today's Federal Register, EPA is also publishing a separate document
that will serve as the proposal to approve this SIP revision if adverse
comments are filed. This rule will be effective on February 3, 2004
without further notice unless EPA receives adverse comment by January
5, 2004. If EPA receives adverse comment, EPA will publish a timely
withdrawal of this action in the Federal Register informing the public
that the rule will not take effect. EPA will address public comments in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
You may submit comments either electronically or by mail. To ensure
proper receipt by EPA, identify the appropriate rulemaking
identification number (DE072-1042) in the subject line on the first
page of your comment. Please ensure that your comments are submitted
within the specified comment period. Comments received after the close
of the comment period will be marked ``late.'' EPA is not required to
consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD-ROM you submit, and in any cover letter accompanying
the disk or CD-ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
i. E-mail. Comments may be sent by electronic mail (e-mail) to:
kramer.robert@epa.gov, attention DE072-1042. EPA's e-mail system is not
an ``anonymous access'' system. If you send an e-mail comment directly
without going through Regulations.gov, EPA's e-mail system
automatically captures your e-mail address. E-mail addresses that are
automatically captured by EPA's e-mail system are included as part of
the comment that is placed in the official public docket.
ii. Regulations.gov. Your use of Regulation.gov is an alternative
method of submitting electronic comments to EPA. Go directly to http://
www.regulations.gov, then select ``Environmental Protection
Agency'' at the top of the page and use the ``go'' button. The list of
current EPA actions available for comment will be listed. Please follow
the online instructions for submitting comments. The system is an
``anonymous access'' system, which means EPA will not know your identity,
e-mail address, or other contact information unless you provide it in the
body of your comment.
iii. Disk or CD-ROM. You may submit comments on a disk or CD-ROM
that you mail to the mailing address identified in the ADDRESSES
section of this document. These electronic submissions will be accepted
in WordPerfect, Word or ASCII file format. Avoid the use of special
characters and any form of encryption.
2. By Mail. Written comments should be addressed to the EPA
Regional office listed in the ADDRESSES section of this document. For
public commenters, it is important to note that EPA's policy is that
public comments, whether submitted electronically or in paper, will be
made available for public viewing at the EPA Regional Office, as EPA
receives them and without change, unless the comment contains
copyrighted material, confidential business information (CBI), or other
information whose disclosure is restricted by statute. When EPA
identifies a comment containing copyrighted material, EPA will provide
a reference to that material in the version of the comment that is
placed in the official public rulemaking file. The entire printed
comment, including the copyrighted material, will be available at the
Regional Office for public inspection.

Submittal of CBI Comments

Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
as CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD-ROM, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is CBI). Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR Part
2. In addition to one complete version of the comment that includes any
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
official public regional rulemaking file. If you submit the copy that
does not contain CBI on disk or CD-ROM, mark the outside of the disk or
CD-ROM clearly that it does not contain CBI. Information not marked as
CBI will be included in the public file and available for public
inspection without prior notice. If you have any questions about CBI or
the procedures for claiming CBI, please consult the person identified
in the FOR FURTHER INFORMATION CONTACT section.

Considerations When Preparing Comments to EPA

You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate
regional file/rulemaking identification number in the subject line on
the first page of your

[[Page 67952]]

response. It would also be helpful if you provided the name, date, and
Federal Register citation related to your comments.

IV. Statutory and Executive Order Reviews

A. General Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes,
as specified by Executive Order 13175 (59 FR 22951, November 9, 2000).
This action also does not have federalism implications because it does
not have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997), because it is not economically significant. In reviewing SIP
submissions, EPA's role is to approve state choices, provided that they
meet the criteria of the Clean Air Act. In this context, in the absence
of a prior existing requirement for the State to use voluntary
consensus standards (VCS), EPA has no authority to disapprove a SIP
submission for failure to use VCS. It would thus be inconsistent with
applicable law for EPA, when it reviews a SIP submission, to use VCS in
place of a SIP submission that otherwise satisfies the provisions of
the Clean Air Act. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. This rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 3, 2004. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action.
This action approving Delaware's updates to the 1990 and 2005
highway mobile VOC and NO_X emissions inventories and the
2005 MVEBs of its 1-hour ozone attainment demonstration plan for the
Philadelphia area to reflect the use of MOBILE6 may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.

Dated: November 20, 2003.
Thomas Voltaggio,
Acting Regional Administrator, Region III.

? 40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart I--Delaware

? 2. Section 52.426 is amended by:
? a. Removing and reserving paragraph (c)(2);
? b. Revising paragraph (d);
? c. Adding paragraph (e).
The revision and addition read as follows:

Sec. 52.426 Control strategy plans for attainment and rate-of-
progress: ozone.

* * * * *
(c) * * *
(2) [Reserved]
* * * * *
(d) EPA is approving the following mobile budgets, explicitly
quantified as sub-budgets for each of Kent and New Castle Counties, of
the Post 1996 ROP Plans and the 1-Hour Ozone Attainment Demonstration
Plan:

Transportation Conformity Emission Budgets for the Delaware Portion of the Philadelphia Area
----------------------------------------------------------------------------------------------------------------
Kent County New Castle County Effective date of
-------------------------------------------- adequacy
Type of control strategy SIP Year determination or SIP
VOC NOX VOC NOX approval
----------------------------------------------------------------------------------------------------------------
Post-1996 ROP Plan................ 1999 7.55 11.17 22.49 29.41 April 29, 1999, (64
FR 31217, published
June 10, 1999).
Post-1996 ROP Plan................ 2002 6.30 9.81 18.44 27.29 June 23, 2000, (65 FR
36440, published
June 8, 2000).

[[Page 67953]]

Post-1996 ROP Plan................ 2005 4.84 7.90 14.76 22.92 May 2, 2001, (66 FR
19769, published
April 17, 2001).
Attainment Demonstration.......... 2005 5.14 8.42 15.08 21.28 SIP approval on
December 5, 2003;
Effective on
February 3, 2004.
----------------------------------------------------------------------------------------------------------------

(1)(2) [Reserved]
(e) EPA approves Delaware's revised 2005 VOC and NO_X
motor vehicle emission budgets for the 1-hour ozone attainment plan for
the Delaware portion of the Philadelphia-Wilmington-Trenton severe
ozone nonattainment area as a SIP revision. The revisions were
submitted by the Delaware Department of Natural Resources and
Environmental Control on September 2, 2003. Submittal of these revised
MOBILE6-based motor vehicle emissions budgets was a requirement of
EPA's approval of the attainment demonstration under paragraph (c) of
this section.

[FR Doc. 03-30041 Filed 12-4-03; 8:45 am]
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