Air Plan Approval; Delaware; Motor Vehicle Inspection and Maintenance Program, 87500-87505 [2024-25460]
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Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations
Also, this rule does not have Tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does 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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or Tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01, Rev.1,
associated implementing instructions,
and Environmental Planning Policy
COMDTINST 5090.1 (series) which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA)(42 U.S.C. 4321–
4370f). The Coast Guard has determined
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This rule
promulgates the operating regulations or
procedures for drawbridges and is
categorically excluded from further
review, under paragraph L49, of Chapter
3, Table 3–1 of the U.S. Coast Guard
Environmental Planning
Implementation Procedures.
Neither a Record of Environmental
Consideration nor a Memorandum for
the Record are required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
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PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
DHS Delegation No. 00170.1, Revision No.
01.3.
2. In § 117.189, add new paragraph (e)
to read as follows:
■
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§ 117.189
Sacramento River.
*
*
*
*
*
(e) The draw of the California
Department of Transportation Rio Vista
(State Route 12) highway bridge, mile
12.8, at Rio Vista, shall open on signal
through August 29, 2025 if at least 4
hours’ notice is given to the drawtender.
Dated: October 28, 2024.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Acting
Commander, Eleventh Coast Guard District.
[FR Doc. 2024–25603 Filed 11–1–24; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2024–0016; FRL–12094–
02–R3]
Air Plan Approval; Delaware; Motor
Vehicle Inspection and Maintenance
Program
information is not publicly available,
e.g., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through www.regulations.gov,
or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
availability information.
FOR FURTHER INFORMATION CONTACT:
Brian Rehn, Planning & Implementation
Branch (3AD30), Air & Radiation
Division, U.S. Environmental Protection
Agency, Region III, 1600 John F
Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone
number is (215) 814–2176. Mr. Rehn can
also be reached via electronic mail at
rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
On March 13, 2023, DNREC submitted
to EPA three revisions to the Delaware
SIP pertaining to Delaware’s enhanced
I/M program applicable to the Delaware
SUMMARY: The Environmental Protection
portion of the Philadelphia-WilmingtonAgency (EPA) is approving three state
Atlantic City nonattainment area for the
implementation plan (SIP) revisions
2015 ozone NAAQS (i.e., Kent and New
submitted by the State of Delaware
Castle Counties) and the SIPthrough the Delaware Department of
strengthening (akin to basic) I/M
Natural Resources and Environmental
program applicable to Sussex County.
Control (DNREC) on March 13, 2023.
On August 15, 2024 (89 FR 66295), EPA
The revisions amend Delaware’s
published a notice of proposed
emission inspection and maintenance
rulemaking (NPRM) proposing to
(I/M) program statewide, for the purpose
approve these three revisions to the
of updating the SIP to include several
Delaware SIP. In the NPRM, EPA
state rule revisions as amendments to
proposed to approve state amendments
the prior approved SIP. The purpose of
to the prior SIP-approved versions of 7
these updates is to incorporate
DE Admin. Code 31, now recodified at
regulatory changes that are the result of
7 DE Admin Code 1131 (pertaining to
state law changes, as well as to improve
the enhanced I/M program in Kent and
the I/M program and to harmonize the
New Castle Counties) and to 7 DE Code
programs operated throughout the state.
1126 (pertaining to Sussex County), as
EPA finds that these revisions to the SIP
well as Delaware’s Plan for
comply with applicable requirements of
Implementation (PFI) for 7 DE Admin
the CAA and EPA regulations and that
Code 1126 and 7 DE Admin. Code 1131.
these revisions to the SIP will not
The PFI contains additional supporting
interfere with attainment or
materials for inclusion into the SIP that
maintenance of any national ambient air
is related to I/M program
quality standards (NAAQS). EPA is
implementation, enforcement, and other
approving these revisions to the
non-regulatory program requirements to
Delaware SIP in accordance with the
satisfy Federal I/M requirements set
requirements of the Clean Air Act
forth at 40 CFR part 51, subpart S not
(CAA).
addressed by the revised Regulations
DATES: This final rule is effective
1126 and 1131.
December 4, 2024.
These SIP revisions apply to both the
federally mandated enhanced I/M
ADDRESSES: EPA has established a
program applicable to Kent and New
docket for this action under Docket ID
Number EPA–R03–OAR–2024–0016. All Castle Counties that comprise
Delaware’s portion of the Philadelphiadocuments in the docket are listed on
Wilmington-Atlantic City, PA-NJ-MDthe www.regulations.gov website.
DE ozone nonattainment area, and also
Although listed in the index, some
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to the Sussex County program, where
I/M is not federally required but where
Delaware has a prior approved, SIP
strengthening I/M program (similar in
design to a basic I/M program, as
defined by the Clean Air Act and EPA’s
I/M program rules). The SIP revisions to
Delaware’s I/M program being approved
herein include: a change in program
coverage to expand exemptions for new
vehicles to seven years (from five years);
the addition of vehicle on-board
diagnostic (OBD) testing requirements
in the Sussex County program;
expanded vehicle coverage to include
vehicles weighing between 8,501 to
14,000 pounds gross vehicle weight
rating (GVWR), for those vehicles model
year 2008-and-newer; harmonization of
I/M test requirements applicable to
older vehicles to include curb idle
exhaust and gas cap pressure tests for
vehicles 1995-and-older (replacing
existing two-speed idle tests on those
vehicles previously performed in Kent
and New Castle Counties); the phase-in
of increased minimum repair cost
thresholds for obtaining a repair waiver
in Sussex County; and the addition of a
statewide prohibition on tamperingrelated repairs in qualifying for an
emissions repair waiver.
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II. Summary of Delaware’s March 2023
SIP Revisions and EPA’s Analysis
A. Overview of Delaware’s March 13,
2023 SIP Revisions
Delaware submitted three SIP
revisions on March 13, 2023, serving to
update the Delaware SIP to harmonize
with amendments made to the state I/M
program regulations and plan for
implementation. These March 2023 SIP
revisions pertain to both of Delaware’s
I/M programs—the enhanced I/M
program applicable to Kent and New
Castle Counties and the SIPstrengthening (akin to basic) I/M
program in Sussex County. The first of
these SIP revisions is an amendment to
7 DE Admin. Code 1131, pertaining to
the low enhanced I/M program operated
in Kent and New Castle Counties
(referred to as the ‘‘Wilmington I/M
program’’ or as the ‘‘Regulation 1131’’ I/
M program).
The second of the March 2023 SIP
submittals amends 7 DE Admin. Code
1126 pertaining to the SIP-strengthening
I/M program applicable to Sussex
County (referred to as the ‘‘Sussex
County I/M program’’ or ‘‘Regulation
1126’’ program). DNREC revised
Regulations 1126 and 1131 to optimize
the I/M programs and to harmonize the
requirements of the two programs, as
well as to align Delaware’s regulations
with a change in state law (i.e., House
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Bill 246 of the 2017 Delaware General
Assembly legislative session), which
altered subject vehicle applicability of
the program by changing the exemption
for new vehicles from five to seven
years.1
Delaware’s third March 2023 SIP
submittal serves to correct an error
made by the state in a 2012 state
regulatory action, which inadvertently
incorporated Delaware’s Plan for
Implementation (PFI) for 7 DE Admin
Code 1126 and 7 DE Admin. Code 1131
into Regulation 31.2 Delaware never
requested that EPA incorporate the 2012
version of Regulation 1131 into the SIP,
so that error did not translate to the SIP.
However, Delaware’s March 2023 SIP
revision requests that EPA incorporate
the now non-regulatory PFI as
additional supporting materials for
inclusion into the SIP, for the purpose
of meeting Federal I/M requirements at
40 CFR part 51, subpart S not addressed
by the revised Regulations 1126 and
1131.
In accordance with requirements of 1
CFR 51.5, EPA is incorporating by
reference Delaware’s revised Title 7,
Regulation 1126 entitled ‘‘Motor Vehicle
Emissions Inspection Program—Sussex
County,’’ as published as a final rule in
the Delaware Register on January 1,
2023 (effective January 11, 2023). This
revised 7 DE Admin Code Regulation
1126 takes the place of the prior SIPapproved version of Regulation 1126 in
its entirety. The effect is to incorporate
by reference amended sections of
Regulation 1126, including sections 1.0
(including 1.1 through 1.6), 2.0
(including revised definitions 3), 4.0
1 See
21 Delaware Code 2143.
revised its Regulation 31 on June 12,
2012, but did not request that EPA revise the SIP
at the time to incorporate those amended
provisions. Among those rule changes was a change
in state rule format, changing the Regulation
number from 31 to 1131. The March 2023 SIP
revision incorporated state rule amendments made
in January 2023 that build on those 2012 state rule
amendments. EPA is taking final action on the
March 2023 SIP revision, inclusive of prior state
rule amendments made since the last update to
Chapter 31.
3 EPA’s final action updates definitions under 7
DE Admin Code 1126, section 2.0, adding
definitions for the terms: ‘‘alternative fuel vehicle,’’
‘‘ASE L1,’’ ‘‘certified emission repair technician,’’
‘‘carbon dioxide (CO2),’’ ‘‘carbon monoxide (CO),’’
‘‘curb-idle test,’’ ‘‘director,’’ ‘‘dual fuel vehicle,’’
‘‘exhaust emission test,’’ ‘‘evaporative system
integrity,’’ ‘‘farm vehicles,’’ ‘‘flexible fuel vehicle,’’
‘‘gross vehicle weight,’’ ‘‘high emitting vehicle,’’
‘‘hybrid electric vehicle,’’ ‘‘hydrocarbon,’’
‘‘inspection period,’’ ‘‘invalid test condition,’’ ‘‘I/M
subject vehicle,’’ ‘‘kit car,’’ ‘‘light duty vehicle,’’
‘‘malfunction indicator lamp,’’ ‘‘motor vehicle
associate,’’ ‘‘new model year exemption,’’ ‘‘OBD
diagnostic trouble code,’’ ‘‘on-board diagnostics
(OBD),’’ ‘‘on-board diagnostics test,’’ ‘‘reconstructed
vehicle,’’ ‘‘registration denial,’’ ‘‘repair waiver,’’
‘‘repair waiver expenditure limit,’’ ‘‘sale or sell,’’
‘‘secretary,’’ ‘‘standards,’’ ‘‘subject fleet vehicle,’’
2 Delaware
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(including 4.1 through 4.5), 5.0
(including 5.1 through 5.4), 6.0
(including 6.1 through 6.2), 7.0
(including 7.1 and 7.2), 8.0 (including
8.1 through 8.4), and 9.0 (including 9.1
through 9.3). Section 3.0 of Regulation
1126 and Technical Memorandum 1 and
2 to Regulation 1126 are removed and
reserved, as these sections were
removed as part of Delaware’s January 1,
2023 state rule revisions.
In accordance with requirements of 1
CFR 51.5, EPA is incorporating by
reference Delaware’s revised Title 7,
Regulation 1131 entitled ‘‘Motor Vehicle
Emissions Inspection Program—Kent
and New Castle Counties,’’ as published
as a final rule in the Delaware Register
on January 1, 2023 (effective January 11,
2023). Delaware’s January 1, 2023
regulatory updates to 7 DE Admin Code
Regulation 1131 serve to update the
rules to reflect changes made by
Delaware to revise its low-enhanced I/
M program as described earlier (i.e., to
increase new vehicle I/M program
exemptions to seven years, to expand
vehicle coverage to include mediumduty vehicles; to change idle testing
requirements to curb idle testing, etc.)
Additionally, the January 1, 2023
version of Regulation 1131 being
incorporated by reference replaces the
prior SIP-approved Regulation 31
program to reflect a state regulatory
format change made since EPA last
approved the SIP, essentially
recodifying that program. The revised 7
DE Admin. Code Regulation 1131 being
incorporated by reference was state
adopted on January 1, 2023 (state
effective January 11, 2023). This action
incorporates by reference the January 1,
2023 state revisions to 7 DE Admin.
Code 1131, including: sections 1.0, 2.0
(including 2.1 through 2.6), 3.0
(including revised definitions),4 4.0
‘‘subject vehicle,’’ ‘‘tampering,’’ ‘‘unsafe condition,’’
‘‘vehicle,’’ ‘‘vehicle type,’’ and ‘‘visual catalyst
inspection.’’ The action incorporates revised
definitions under 7 Admin Code 1126, Section 2.0
for the terms: ‘‘emissions,’’ ‘‘emission standards,’’
‘‘failed motor vehicle,’’ and ‘‘official inspection
station.’’
4 This action includes revision to definitions in
Title 7 DE Admin Code Regulation 1131, section 3,
adding definitions for the following terms:
‘‘Alternative fuel vehicle,’’ ‘‘ASE L1,’’ ‘‘Certified
emission repair technician,’’ ‘‘Carbon dioxide
(CO2),’’ ‘‘Carbon monoxide (CO),’’ ‘‘Curb-idle test,’’
‘‘Department,’’ ‘‘Director,’’ ‘‘Division,’’ ‘‘Dual-fuel
vehicle,’’ ‘‘Emissions,’’ ‘‘Emission inspection area,’’
‘‘Emissions standards,’’ ‘‘Exhaust emission test,’’
‘‘Evaporative system integrity test,’’ ‘‘Failed motor
vehicle,’’ ‘‘Farm vehicle,’’ ‘‘Flexible fuel vehicle,’’
‘‘Gross vehicle weight,’’ ‘‘High emitting vehicle
(HEV),’’ ‘‘Hybrid electric vehicle,’’ ‘‘Hydrocarbon
(HC),’’ ‘‘I/M subject vehicle,’’ ‘‘Inspection period,’’
‘‘Invalid test connection,’’ ‘‘Kit car,’’ ‘‘Light duty
vehicle,’’ ‘‘Malfunction indicator lamp (MIL),’’
‘‘Model year,’’ ‘‘Motor vehicle’’ ‘‘Motor vehicle
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(including 4.1 through 4.5), 5.0
(including 5.1 through 5.4), 6.0
(including 6.1), 7.0 (including 7.1 and
7.2), 8.0 (including 8.1 through 8.4), and
9.0 (including 9.2). With the
substitution in the SIP of the January
2023 state revision of 7 DE Admin Code
Regulation 1131 for the previously SIPapproved Regulation 31, sections 10
through 13 of 7 DE Admin. Code 31 are
removed from the SIP, along with
Appendices 1(d), 3(a)(7), 3(c)(2), 4(a),
5(a), 5(f), 6(a), 6(a)(5), 6(a)(8), 6(a)(9),
7(a), 8(a), and 9(a).
In an August 11, 2010 action, EPA
approved into the SIP Delaware’s
administrative recodification of 7 DE
Code 1126.5 Delaware subsequently
finalized a state administrative
recodification of 7 DE Admin Code 1131
(previously Regulation 31) but did not
then submit that administrative change
as a SIP revision to EPA. As a result,
EPA did not at that time approve into
the SIP the state’s recodification of
Regulation 1131. Delaware’s March
2023 SIP revision contains a January
2023 state regulation amendment to
Regulation 1131, which is based on a
prior 2012 revision of that rule that
Delaware had not previously requested
be approved as part of the SIP. The
relevant regulation in the SIP was most
recently approved by EPA in October
2001, when it was still Regulation 31 in
the Delaware Code. The 2023 SIP
revision serves to incorporate by
reference the 2023 version of the state
rule revision into the Delaware SIP. The
effect of doing so will be to incorporate
the latest 2023 state rule amendments,
as well as the 2012 state amendments.
The effect of approving the PFI SIP
revision and incorporating the PFI by
reference into the SIP would be to
remove from Regulation 1131 some
oversight and administrative provisions
formerly contained in regulatory
addendums and appendices to
Regulation 1131 and instead to include
them in the SIP as additional state
materials for incorporation by reference
as non-regulatory revision.
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B. EPA’s Evaluation of Delaware’s SIP
Revisions
EPA’s rationale for the proposed
approval of these three March 2023 SIP
associate,’’ ‘‘New model year exemption,’’ ‘‘OBD
diagnostics trouble codes (DTCs),’’ ‘‘Official
inspection station,’’ ‘‘On-board diagnostics (OBD),’’
‘‘On-Board Diagnostics (OBD) Test,’’ ‘‘Reasonable
cost,’’ ‘‘Reconstructed vehicle,’’ ‘‘Registration
denial,’’ ‘‘Registered gross vehicle weight (G.V.W.),’’
‘‘Repair waiver,’’ ‘‘Repair Waiver Expenditure
Limit,’’ ‘‘Sale or sell,’’ ‘‘Secretary,’’ ‘‘Standards,’’
‘‘Subject vehicle,’’ ‘‘Tampering,’’ ‘‘Unsafe
condition,’’ ‘‘Vehicle,’’ ‘‘Vehicle type,’’ ‘‘Visual
catalyst inspection,’’ and ‘‘Waiver.’’
5 See 75 FR 48566 (August 11, 2010).
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revisions was presented in the August
15, 2024 (89 FR 66295), NPRM,
referenced above, and will not be
restated here. EPA received one public
comment on the proposed rulemaking,
which was not adverse in nature noting
simply that Illinois has a program
similar to Delaware’s. Given that the
comment was not adverse in nature,
EPA is not responding to the comment
in this final rule.
III. EPA’s Response to Comments
Received
The proposed action provided a 30day public comment period. During this
period, EPA received one public
comment, which was not adverse in
nature, with the commenter noting that
Illinois has similar control measures.
The comment provides no further
explanation or context as to its
relevancy to this action. Therefore, EPA
is not responding to that public
comment received, considering it
neutral with respect to this action.
IV. Final Action
EPA is approving three SIP revisions
submitted by DNREC in March 2023 as
revisions to the Delaware SIP as
described in the NPRM titled ‘‘Air Plan
Approval; Delaware; Motor Vehicle
Inspection and Maintenance Program’’
published in the August 15, 2024 (89 FR
66295) Federal Register. These
revisions serve to amend Delaware’s
vehicle I/M program requirements
applicable to the Delaware portion of
the Philadelphia-Wilmington-Atlantic
City nonattainment area, Delaware’s sipstrengthening I/M program in Sussex
County, and incorporation of nonregulatory implementation materials.
The SIP revisions to Delaware’s I/M
program being approved herein include:
a change in program coverage to expand
exemptions for new vehicles to seven
years; the addition of vehicle OBD
testing requirements in the Sussex
County program; expanded vehicle
coverage to include vehicles weighing
between 8,501 to 14,000 pounds GVWR,
for those vehicles model year 2008-andnewer; harmonization of I/M test
requirements applicable to older
vehicles to include curb idle exhaust
and gas cap pressure tests for vehicles
1995-and-older (replacing existing twospeed idle tests on those vehicles
previously performed in Kent and New
Castle Counties); the phase-in of
increased minimum repair cost
thresholds for obtaining a repair waiver
in Sussex County; and the addition of a
statewide prohibition on tamperingrelated repairs in qualifying for an
emissions repair waiver. EPA finds that
these revisions to the SIP comply with
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applicable requirements of the CAA and
EPA regulations and that these revisions
to the SIP will not interfere with
attainment or maintenance of any
NAAQS or result in an adverse impact
to air quality. Please refer to the August
15, 2024 (89 FR 66295) NPRM for
further detail on the basis for this final
approval. EPA’s authority to approve
Delaware’s I/M programs is set forth in
sections 110 and 182 of the Clean Air
Act.
V. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of revisions to portions of
Title 7 of the Delaware Administrative
Code, Chapters 1126 and 1131.
Revisions to Chapter 1126 include
revised sections 1.0 through 9.0.
Revisions to Chapter 1131 include
revised sections 1.0 through 9.0. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of the revisions to Delaware
Title 7, Chapters 1126 and 1131, as
described in section II of this preamble.
The specific changes being made by
these revisions are described in further
detail in section II of this preamble.
EPA has made, and will continue to
make, these materials generally
available through www.regulations.gov
and at the EPA Region III Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rule of
EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.6
VI. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
6 62
FR 27968 (May 22, 1997).
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Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• 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 Clean Air Act;
In addition, this action, approving
three March 13, 2023 Delaware SIP
revisions related to the vehicle I/M
program, 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.
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
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national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
Delaware DNREC did not evaluate
environmental justice considerations as
part of its SIP submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this
action. Due to the nature of the action
being taken here, this action is expected
to have a neutral impact on the air
quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by January 3, 2025. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed and
PO 00000
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87503
shall not postpone the effectiveness of
such rule or action. This action
approving revisions to Delaware’s motor
vehicle emissions inspection and
maintenance program 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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart I—Delaware
2. Amend § 52.420:
a. In the table in paragraph (c) by:
■ i. Removing the heading ‘‘Chapter
1126 Motor Vehicle Emissions
Inspection Program’’ including the
entries ‘‘Section 1.0’’ through
‘‘Technical Memorandum 2’’ and
adding in its place the heading ‘‘1126
Motor Vehicle Inspection Program—
Sussex County’’ including the entries
‘‘Section 1.0’’ through ‘‘Section 9.0’’;
■ ii. Removing the heading ‘‘Regulation
No. 31 Low Enhanced Inspection and
Maintenance Program’’ including the
entries ‘‘Section 1’’ through ‘‘Appendix
9(a)’’ and adding in its place the
heading ‘‘1131 Motor Vehicle Emissions
Inspection Program—Kent and New
Castle Counties’’ including the entries
‘‘Section 1.0’’ through ‘‘Section 9.0’’;
and
■ b. In the table in paragraph (e) by
adding the entry ‘‘Motor Vehicle
Emissions Inspection Program; Plan for
Implementation (PFI) for 7 DE Admin
Code 1126 and 7 DE Admin. Code
1131’’ at the end of the table.
The additions read as follows:
■
■
§ 52.420
*
Identification of plan.
*
*
(c) * * *
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87504
Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations
EPA—APPROVED REGULATIONS AND STATUTES IN THE DELAWARE SIP
State regulation
(7 DNREC 1100)
Title/subject
*
*
*
State effective
date
*
EPA approval date
*
Additional explanation
*
*
1126 MOTOR VEHICLE INSPECTION PROGRAM—SUSSEX COUNTY
Section 1.0 ..............................
Applicability and General Provisions.
1/1/2023
Section 2.0 ..............................
Definitions ..............................
1/1/2023
Section 4.0 ..............................
Vehicle Inspection Requirements.
1/1/2023
Section 5.0 ..............................
Motor Vehicle Anti-Tampering
Requirements.
1/1/2023
Section 6.0 ..............................
On-Road Inspection Standards and Test Procedures.
1/1/2023
Section 7.0 ..............................
Vehicle Emission Inspection
Waivers.
1/1/2023
Section 8.0 ..............................
Certified Emission Repair
Technicians.
1/1/2023
Section 9.0 ..............................
Enforcement and Registration
Denial.
1/1/2023
*
*
*
*
11/4/2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER CITATION].
11/4/2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER CITATION].
11/4/2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER CITATION].
11/4/2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER CITATION].
11/4/2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER CITATION].
11/4/2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER CITATION].
11/4/2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER CITATION].
11/4/2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER CITATION].
*
Regulation 1126 applies to
Sussex County only, as of
November 1, 1999.
*
*
1131 MOTOR VEHICLE EMISSIONS INSPECTION PROGRAM—KENT AND NEW CASTLE COUNTIES
Section 1.0 ..............................
Purpose ..................................
1/1/23
Section 2.0 ..............................
Applicability and General Provisions.
1/1/2023
Section 3.0 ..............................
Section 4.0 ..............................
Definitions ..............................
Vehicle Inspection Requirements.
1/1/2023
1/1/2023
Section 5.0 ..............................
Motor Vehicle Anti-Tampering
Requirements.
1/1/2023
Section 6.0 ..............................
On-Road Inspection Standards and Test Procedures.
1/1/2023
Section 7.0 ..............................
Vehicle Emission Inspection
Waivers.
1/1/2023
Section 8.0 ..............................
Certified Emission Repair
Technician.
1/1/2023
Section 9.0 ..............................
Enforcement and Registration
Denial.
1/1/2023
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*
*
*
*
*
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*
*
*
17:24 Nov 01, 2024
*
11/4/2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER CITATION].
11/4/2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER CITATION].
11/4/2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER CITATION].
11/4/2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER CITATION].
11/4/2024], [INSERT FIRST
PAGE OF FEDERAL REGISTER CITATION].
11/4/2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER CITATION].
11/4/2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER CITATION].
11/4/2024, [INSERT FIRST
PAGE OF FEDERAL REGISTER CITATION].
*
*
(e) * * *
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Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations
Name of non-regulatory SIP
revision
State submittal
date
Applicable geographic area
*
*
*
Motor Vehicle Emissions InStatewide ...............................
spection Program; Plan for
Implementation (PFI) for 7
DE Admin Code 1126 and 7
DE Admin. Code 1131.
*
*
*
*
*
DATES:
2024.
BILLING CODE 6560–50–P
ADDRESSES:
40 CFR Part 52
[EPA–R09–OAR–2024–0418; FRL–12225–
02–R9]
Air Plan Revisions; California; San
Diego County Air Pollution Control
District and Mojave Desert Air Quality
Management District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the San Diego
County Air Pollution Control District
(SDCAPCD) and Mojave Desert Air
Quality Management District
(MDAQMD) portions of the California
State Implementation Plan (SIP). These
revisions concern negative declarations
for the Control Techniques Guidelines
(CTG) for the Oil and Natural Gas
Industry (Oil and Natural Gas CTG).
SUMMARY:
Additional explanation
*
*
*
11/4/2024, [INSERT FIRST
This Plan for Implementation
PAGE OF FEDERAL REGapplies to both 7 DE 1126
ISTER CITATION].
Motor vehicle Inspection
Program—Sussex County;
and to 7 DE 1131 Motor
Vehicle Emissions Inspection Program—Kent and
New Castle Counties.
This rule is effective December 4,
[FR Doc. 2024–25460 Filed 11–1–24; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
*
03/13/2023
EPA approval date
87505
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2024–0418. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information. If
you need assistance in a language other
than English or if you are a person with
a disability who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Eugene Chen, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 947–4304 or by
email at chen.eugene@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On September 23, 2024, the EPA
proposed to approve the California Air
Resources Board’s (CARB) submittal of
negative declarations for the Oil and
Natural Gas CTG adopted by SDCAPCD
and MDAQMD.1 As discussed in our
proposed action, these negative
declarations should provide reasonable
assurances that no sources subject to the
CTG’s requirements currently exist in
the relevant ozone nonattainment areas.
Based on our review, we did not
identify any sources that would be
subject to the Oil and Natural Gas CTG
and agreed with the SDCAPCD and
MDAQMD negative declarations. We
therefore proposed approval of these
negative declarations for the Oil and
Natural Gas CTG.
TABLE 1—SUBMITTED DOCUMENTS
Local agency
Document
SDCAPCD .........
2020 Reasonably Available Control Technology Demonstration for the National Ambient Air
Quality Standards for Ozone in San Diego County (‘‘2020 RACT SIP’’)—Negative Declaration
for Oil and Natural Gas CTG.
70 ppb Ozone Standard Implementation Evaluation: RACT SIP Analysis; Federal Negative Declarations; and Emission Statement Certification—Negative Declaration for Oil and Natural Gas
CTG.
lotter on DSK11XQN23PROD with RULES1
MDAQMD ..........
As discussed in our September 23,
2024 (89 FR 77467) proposal, we only
proposed action on the negative
declaration for the Oil and Natural Gas
CTG in Attachment B of the SDCAPCD
submittal and did not propose action on
1 89
FR 77467.
VerDate Sep<11>2014
17:24 Nov 01, 2024
Jkt 265001
Adopted
Submitted
to EPA
10/14/2020
12/29/2020
10/28/2019
12/20/2019
any other elements of the submittal.
Similarly, for the MDAQMD submittal,
we only proposed action on the negative
declaration for the Oil and Natural Gas
CTG in table 2 and did not propose
action on any other elements of the
submittal. In both cases, the negative
declarations for the Oil and Natural Gas
CTG were submitted for the 2008 and
2015 ozone National Ambient Air
Quality Standards (NAAQS).2 3
2 Page 10 of MDAQMD 70 ppb O3 Evaluation,
Final Staff Report.
3 Page B–10 of SDCAPCD 2020 RACT SIP,
Attachment B.
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]]>Agencies
[Federal Register Volume 89, Number 213 (Monday, November 4, 2024)]
[Rules and Regulations]
[Pages 87500-87505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25460]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2024-0016; FRL-12094-02-R3]
Air Plan Approval; Delaware; Motor Vehicle Inspection and
Maintenance Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving three
state implementation plan (SIP) revisions submitted by the State of
Delaware through the Delaware Department of Natural Resources and
Environmental Control (DNREC) on March 13, 2023. The revisions amend
Delaware's emission inspection and maintenance (I/M) program statewide,
for the purpose of updating the SIP to include several state rule
revisions as amendments to the prior approved SIP. The purpose of these
updates is to incorporate regulatory changes that are the result of
state law changes, as well as to improve the I/M program and to
harmonize the programs operated throughout the state. EPA finds that
these revisions to the SIP comply with applicable requirements of the
CAA and EPA regulations and that these revisions to the SIP will not
interfere with attainment or maintenance of any national ambient air
quality standards (NAAQS). EPA is approving these revisions to the
Delaware SIP in accordance with the requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective December 4, 2024.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2024-0016. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Brian Rehn, Planning & Implementation
Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1600 John F Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone number is (215) 814-2176. Mr. Rehn
can also be reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On March 13, 2023, DNREC submitted to EPA three revisions to the
Delaware SIP pertaining to Delaware's enhanced I/M program applicable
to the Delaware portion of the Philadelphia-Wilmington-Atlantic City
nonattainment area for the 2015 ozone NAAQS (i.e., Kent and New Castle
Counties) and the SIP-strengthening (akin to basic) I/M program
applicable to Sussex County. On August 15, 2024 (89 FR 66295), EPA
published a notice of proposed rulemaking (NPRM) proposing to approve
these three revisions to the Delaware SIP. In the NPRM, EPA proposed to
approve state amendments to the prior SIP-approved versions of 7 DE
Admin. Code 31, now recodified at 7 DE Admin Code 1131 (pertaining to
the enhanced I/M program in Kent and New Castle Counties) and to 7 DE
Code 1126 (pertaining to Sussex County), as well as Delaware's Plan for
Implementation (PFI) for 7 DE Admin Code 1126 and 7 DE Admin. Code
1131. The PFI contains additional supporting materials for inclusion
into the SIP that is related to I/M program implementation,
enforcement, and other non-regulatory program requirements to satisfy
Federal I/M requirements set forth at 40 CFR part 51, subpart S not
addressed by the revised Regulations 1126 and 1131.
These SIP revisions apply to both the federally mandated enhanced
I/M program applicable to Kent and New Castle Counties that comprise
Delaware's portion of the Philadelphia-Wilmington-Atlantic City, PA-NJ-
MD-DE ozone nonattainment area, and also
[[Page 87501]]
to the Sussex County program, where I/M is not federally required but
where Delaware has a prior approved, SIP strengthening I/M program
(similar in design to a basic I/M program, as defined by the Clean Air
Act and EPA's I/M program rules). The SIP revisions to Delaware's I/M
program being approved herein include: a change in program coverage to
expand exemptions for new vehicles to seven years (from five years);
the addition of vehicle on-board diagnostic (OBD) testing requirements
in the Sussex County program; expanded vehicle coverage to include
vehicles weighing between 8,501 to 14,000 pounds gross vehicle weight
rating (GVWR), for those vehicles model year 2008-and-newer;
harmonization of I/M test requirements applicable to older vehicles to
include curb idle exhaust and gas cap pressure tests for vehicles 1995-
and-older (replacing existing two-speed idle tests on those vehicles
previously performed in Kent and New Castle Counties); the phase-in of
increased minimum repair cost thresholds for obtaining a repair waiver
in Sussex County; and the addition of a statewide prohibition on
tampering-related repairs in qualifying for an emissions repair waiver.
II. Summary of Delaware's March 2023 SIP Revisions and EPA's Analysis
A. Overview of Delaware's March 13, 2023 SIP Revisions
Delaware submitted three SIP revisions on March 13, 2023, serving
to update the Delaware SIP to harmonize with amendments made to the
state I/M program regulations and plan for implementation. These March
2023 SIP revisions pertain to both of Delaware's I/M programs--the
enhanced I/M program applicable to Kent and New Castle Counties and the
SIP-strengthening (akin to basic) I/M program in Sussex County. The
first of these SIP revisions is an amendment to 7 DE Admin. Code 1131,
pertaining to the low enhanced I/M program operated in Kent and New
Castle Counties (referred to as the ``Wilmington I/M program'' or as
the ``Regulation 1131'' I/M program).
The second of the March 2023 SIP submittals amends 7 DE Admin. Code
1126 pertaining to the SIP-strengthening I/M program applicable to
Sussex County (referred to as the ``Sussex County I/M program'' or
``Regulation 1126'' program). DNREC revised Regulations 1126 and 1131
to optimize the I/M programs and to harmonize the requirements of the
two programs, as well as to align Delaware's regulations with a change
in state law (i.e., House Bill 246 of the 2017 Delaware General
Assembly legislative session), which altered subject vehicle
applicability of the program by changing the exemption for new vehicles
from five to seven years.\1\
---------------------------------------------------------------------------
\1\ See 21 Delaware Code 2143.
---------------------------------------------------------------------------
Delaware's third March 2023 SIP submittal serves to correct an
error made by the state in a 2012 state regulatory action, which
inadvertently incorporated Delaware's Plan for Implementation (PFI) for
7 DE Admin Code 1126 and 7 DE Admin. Code 1131 into Regulation 31.\2\
Delaware never requested that EPA incorporate the 2012 version of
Regulation 1131 into the SIP, so that error did not translate to the
SIP. However, Delaware's March 2023 SIP revision requests that EPA
incorporate the now non-regulatory PFI as additional supporting
materials for inclusion into the SIP, for the purpose of meeting
Federal I/M requirements at 40 CFR part 51, subpart S not addressed by
the revised Regulations 1126 and 1131.
---------------------------------------------------------------------------
\2\ Delaware revised its Regulation 31 on June 12, 2012, but did
not request that EPA revise the SIP at the time to incorporate those
amended provisions. Among those rule changes was a change in state
rule format, changing the Regulation number from 31 to 1131. The
March 2023 SIP revision incorporated state rule amendments made in
January 2023 that build on those 2012 state rule amendments. EPA is
taking final action on the March 2023 SIP revision, inclusive of
prior state rule amendments made since the last update to Chapter
31.
---------------------------------------------------------------------------
In accordance with requirements of 1 CFR 51.5, EPA is incorporating
by reference Delaware's revised Title 7, Regulation 1126 entitled
``Motor Vehicle Emissions Inspection Program--Sussex County,'' as
published as a final rule in the Delaware Register on January 1, 2023
(effective January 11, 2023). This revised 7 DE Admin Code Regulation
1126 takes the place of the prior SIP-approved version of Regulation
1126 in its entirety. The effect is to incorporate by reference amended
sections of Regulation 1126, including sections 1.0 (including 1.1
through 1.6), 2.0 (including revised definitions \3\), 4.0 (including
4.1 through 4.5), 5.0 (including 5.1 through 5.4), 6.0 (including 6.1
through 6.2), 7.0 (including 7.1 and 7.2), 8.0 (including 8.1 through
8.4), and 9.0 (including 9.1 through 9.3). Section 3.0 of Regulation
1126 and Technical Memorandum 1 and 2 to Regulation 1126 are removed
and reserved, as these sections were removed as part of Delaware's
January 1, 2023 state rule revisions.
---------------------------------------------------------------------------
\3\ EPA's final action updates definitions under 7 DE Admin Code
1126, section 2.0, adding definitions for the terms: ``alternative
fuel vehicle,'' ``ASE L1,'' ``certified emission repair
technician,'' ``carbon dioxide (CO2),'' ``carbon monoxide
(CO),'' ``curb-idle test,'' ``director,'' ``dual fuel vehicle,''
``exhaust emission test,'' ``evaporative system integrity,'' ``farm
vehicles,'' ``flexible fuel vehicle,'' ``gross vehicle weight,''
``high emitting vehicle,'' ``hybrid electric vehicle,''
``hydrocarbon,'' ``inspection period,'' ``invalid test condition,''
``I/M subject vehicle,'' ``kit car,'' ``light duty vehicle,''
``malfunction indicator lamp,'' ``motor vehicle associate,'' ``new
model year exemption,'' ``OBD diagnostic trouble code,'' ``on-board
diagnostics (OBD),'' ``on-board diagnostics test,'' ``reconstructed
vehicle,'' ``registration denial,'' ``repair waiver,'' ``repair
waiver expenditure limit,'' ``sale or sell,'' ``secretary,''
``standards,'' ``subject fleet vehicle,'' ``subject vehicle,''
``tampering,'' ``unsafe condition,'' ``vehicle,'' ``vehicle type,''
and ``visual catalyst inspection.'' The action incorporates revised
definitions under 7 Admin Code 1126, Section 2.0 for the terms:
``emissions,'' ``emission standards,'' ``failed motor vehicle,'' and
``official inspection station.''
---------------------------------------------------------------------------
In accordance with requirements of 1 CFR 51.5, EPA is incorporating
by reference Delaware's revised Title 7, Regulation 1131 entitled
``Motor Vehicle Emissions Inspection Program--Kent and New Castle
Counties,'' as published as a final rule in the Delaware Register on
January 1, 2023 (effective January 11, 2023). Delaware's January 1,
2023 regulatory updates to 7 DE Admin Code Regulation 1131 serve to
update the rules to reflect changes made by Delaware to revise its low-
enhanced I/M program as described earlier (i.e., to increase new
vehicle I/M program exemptions to seven years, to expand vehicle
coverage to include medium-duty vehicles; to change idle testing
requirements to curb idle testing, etc.) Additionally, the January 1,
2023 version of Regulation 1131 being incorporated by reference
replaces the prior SIP-approved Regulation 31 program to reflect a
state regulatory format change made since EPA last approved the SIP,
essentially recodifying that program. The revised 7 DE Admin. Code
Regulation 1131 being incorporated by reference was state adopted on
January 1, 2023 (state effective January 11, 2023). This action
incorporates by reference the January 1, 2023 state revisions to 7 DE
Admin. Code 1131, including: sections 1.0, 2.0 (including 2.1 through
2.6), 3.0 (including revised definitions),\4\ 4.0
[[Page 87502]]
(including 4.1 through 4.5), 5.0 (including 5.1 through 5.4), 6.0
(including 6.1), 7.0 (including 7.1 and 7.2), 8.0 (including 8.1
through 8.4), and 9.0 (including 9.2). With the substitution in the SIP
of the January 2023 state revision of 7 DE Admin Code Regulation 1131
for the previously SIP-approved Regulation 31, sections 10 through 13
of 7 DE Admin. Code 31 are removed from the SIP, along with Appendices
1(d), 3(a)(7), 3(c)(2), 4(a), 5(a), 5(f), 6(a), 6(a)(5), 6(a)(8),
6(a)(9), 7(a), 8(a), and 9(a).
---------------------------------------------------------------------------
\4\ This action includes revision to definitions in Title 7 DE
Admin Code Regulation 1131, section 3, adding definitions for the
following terms: ``Alternative fuel vehicle,'' ``ASE L1,''
``Certified emission repair technician,'' ``Carbon dioxide
(CO2),'' ``Carbon monoxide (CO),'' ``Curb-idle test,''
``Department,'' ``Director,'' ``Division,'' ``Dual-fuel vehicle,''
``Emissions,'' ``Emission inspection area,'' ``Emissions
standards,'' ``Exhaust emission test,'' ``Evaporative system
integrity test,'' ``Failed motor vehicle,'' ``Farm vehicle,''
``Flexible fuel vehicle,'' ``Gross vehicle weight,'' ``High emitting
vehicle (HEV),'' ``Hybrid electric vehicle,'' ``Hydrocarbon (HC),''
``I/M subject vehicle,'' ``Inspection period,'' ``Invalid test
connection,'' ``Kit car,'' ``Light duty vehicle,'' ``Malfunction
indicator lamp (MIL),'' ``Model year,'' ``Motor vehicle'' ``Motor
vehicle associate,'' ``New model year exemption,'' ``OBD diagnostics
trouble codes (DTCs),'' ``Official inspection station,'' ``On-board
diagnostics (OBD),'' ``On-Board Diagnostics (OBD) Test,''
``Reasonable cost,'' ``Reconstructed vehicle,'' ``Registration
denial,'' ``Registered gross vehicle weight (G.V.W.),'' ``Repair
waiver,'' ``Repair Waiver Expenditure Limit,'' ``Sale or sell,''
``Secretary,'' ``Standards,'' ``Subject vehicle,'' ``Tampering,''
``Unsafe condition,'' ``Vehicle,'' ``Vehicle type,'' ``Visual
catalyst inspection,'' and ``Waiver.''
---------------------------------------------------------------------------
In an August 11, 2010 action, EPA approved into the SIP Delaware's
administrative recodification of 7 DE Code 1126.\5\ Delaware
subsequently finalized a state administrative recodification of 7 DE
Admin Code 1131 (previously Regulation 31) but did not then submit that
administrative change as a SIP revision to EPA. As a result, EPA did
not at that time approve into the SIP the state's recodification of
Regulation 1131. Delaware's March 2023 SIP revision contains a January
2023 state regulation amendment to Regulation 1131, which is based on a
prior 2012 revision of that rule that Delaware had not previously
requested be approved as part of the SIP. The relevant regulation in
the SIP was most recently approved by EPA in October 2001, when it was
still Regulation 31 in the Delaware Code. The 2023 SIP revision serves
to incorporate by reference the 2023 version of the state rule revision
into the Delaware SIP. The effect of doing so will be to incorporate
the latest 2023 state rule amendments, as well as the 2012 state
amendments. The effect of approving the PFI SIP revision and
incorporating the PFI by reference into the SIP would be to remove from
Regulation 1131 some oversight and administrative provisions formerly
contained in regulatory addendums and appendices to Regulation 1131 and
instead to include them in the SIP as additional state materials for
incorporation by reference as non-regulatory revision.
---------------------------------------------------------------------------
\5\ See 75 FR 48566 (August 11, 2010).
---------------------------------------------------------------------------
B. EPA's Evaluation of Delaware's SIP Revisions
EPA's rationale for the proposed approval of these three March 2023
SIP revisions was presented in the August 15, 2024 (89 FR 66295), NPRM,
referenced above, and will not be restated here. EPA received one
public comment on the proposed rulemaking, which was not adverse in
nature noting simply that Illinois has a program similar to Delaware's.
Given that the comment was not adverse in nature, EPA is not responding
to the comment in this final rule.
III. EPA's Response to Comments Received
The proposed action provided a 30-day public comment period. During
this period, EPA received one public comment, which was not adverse in
nature, with the commenter noting that Illinois has similar control
measures. The comment provides no further explanation or context as to
its relevancy to this action. Therefore, EPA is not responding to that
public comment received, considering it neutral with respect to this
action.
IV. Final Action
EPA is approving three SIP revisions submitted by DNREC in March
2023 as revisions to the Delaware SIP as described in the NPRM titled
``Air Plan Approval; Delaware; Motor Vehicle Inspection and Maintenance
Program'' published in the August 15, 2024 (89 FR 66295) Federal
Register. These revisions serve to amend Delaware's vehicle I/M program
requirements applicable to the Delaware portion of the Philadelphia-
Wilmington-Atlantic City nonattainment area, Delaware's sip-
strengthening I/M program in Sussex County, and incorporation of non-
regulatory implementation materials.
The SIP revisions to Delaware's I/M program being approved herein
include: a change in program coverage to expand exemptions for new
vehicles to seven years; the addition of vehicle OBD testing
requirements in the Sussex County program; expanded vehicle coverage to
include vehicles weighing between 8,501 to 14,000 pounds GVWR, for
those vehicles model year 2008-and-newer; harmonization of I/M test
requirements applicable to older vehicles to include curb idle exhaust
and gas cap pressure tests for vehicles 1995-and-older (replacing
existing two-speed idle tests on those vehicles previously performed in
Kent and New Castle Counties); the phase-in of increased minimum repair
cost thresholds for obtaining a repair waiver in Sussex County; and the
addition of a statewide prohibition on tampering-related repairs in
qualifying for an emissions repair waiver. EPA finds that these
revisions to the SIP comply with applicable requirements of the CAA and
EPA regulations and that these revisions to the SIP will not interfere
with attainment or maintenance of any NAAQS or result in an adverse
impact to air quality. Please refer to the August 15, 2024 (89 FR
66295) NPRM for further detail on the basis for this final approval.
EPA's authority to approve Delaware's I/M programs is set forth in
sections 110 and 182 of the Clean Air Act.
V. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of revisions to
portions of Title 7 of the Delaware Administrative Code, Chapters 1126
and 1131. Revisions to Chapter 1126 include revised sections 1.0
through 9.0. Revisions to Chapter 1131 include revised sections 1.0
through 9.0. In accordance with requirements of 1 CFR 51.5, EPA is
finalizing the incorporation by reference of the revisions to Delaware
Title 7, Chapters 1126 and 1131, as described in section II of this
preamble. The specific changes being made by these revisions are
described in further detail in section II of this preamble.
EPA has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region III Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information). Therefore,
these materials have been approved by EPA for inclusion in the SIP,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rule of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\6\
---------------------------------------------------------------------------
\6\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VI. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not
[[Page 87503]]
impose additional requirements beyond those imposed by state law. For
that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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 Clean Air Act;
In addition, this action, approving three March 13, 2023 Delaware
SIP revisions related to the vehicle I/M program, 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.
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
Delaware DNREC did not evaluate environmental justice
considerations as part of its SIP submittal; the CAA and applicable
implementing regulations neither prohibit nor require such an
evaluation. EPA did not perform an EJ analysis and did not consider EJ
in this action. Due to the nature of the action being taken here, this
action is expected to have a neutral impact on the air quality of the
affected area. Consideration of EJ is not required as part of this
action, and there is no information in the record inconsistent with the
stated goal of E.O. 12898 of achieving environmental justice for people
of color, low-income populations, and Indigenous peoples.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 3, 2025. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed and shall not postpone the effectiveness of such rule or
action. This action approving revisions to Delaware's motor vehicle
emissions inspection and maintenance program 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart I--Delaware
0
2. Amend Sec. 52.420:
0
a. In the table in paragraph (c) by:
0
i. Removing the heading ``Chapter 1126 Motor Vehicle Emissions
Inspection Program'' including the entries ``Section 1.0'' through
``Technical Memorandum 2'' and adding in its place the heading ``1126
Motor Vehicle Inspection Program--Sussex County'' including the entries
``Section 1.0'' through ``Section 9.0'';
0
ii. Removing the heading ``Regulation No. 31 Low Enhanced Inspection
and Maintenance Program'' including the entries ``Section 1'' through
``Appendix 9(a)'' and adding in its place the heading ``1131 Motor
Vehicle Emissions Inspection Program--Kent and New Castle Counties''
including the entries ``Section 1.0'' through ``Section 9.0''; and
0
b. In the table in paragraph (e) by adding the entry ``Motor Vehicle
Emissions Inspection Program; Plan for Implementation (PFI) for 7 DE
Admin Code 1126 and 7 DE Admin. Code 1131'' at the end of the table.
The additions read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
[[Page 87504]]
EPA--Approved Regulations and Statutes in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
State effective Additional
State regulation (7 DNREC 1100) Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
1126 MOTOR VEHICLE INSPECTION PROGRAM--SUSSEX COUNTY
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... Applicability and 1/1/2023 11/4/2024, [INSERT Regulation 1126
General Provisions. FIRST PAGE OF applies to Sussex
FEDERAL REGISTER County only, as of
CITATION]. November 1, 1999.
Section 2.0..................... Definitions........ 1/1/2023 11/4/2024, [INSERT
FIRST PAGE OF
FEDERAL REGISTER
CITATION].
Section 4.0..................... Vehicle Inspection 1/1/2023 11/4/2024, [INSERT
Requirements. FIRST PAGE OF
FEDERAL REGISTER
CITATION].
Section 5.0..................... Motor Vehicle Anti- 1/1/2023 11/4/2024, [INSERT
Tampering FIRST PAGE OF
Requirements. FEDERAL REGISTER
CITATION].
Section 6.0..................... On-Road Inspection 1/1/2023 11/4/2024, [INSERT
Standards and Test FIRST PAGE OF
Procedures. FEDERAL REGISTER
CITATION].
Section 7.0..................... Vehicle Emission 1/1/2023 11/4/2024, [INSERT
Inspection Waivers. FIRST PAGE OF
FEDERAL REGISTER
CITATION].
Section 8.0..................... Certified Emission 1/1/2023 11/4/2024, [INSERT
Repair Technicians. FIRST PAGE OF
FEDERAL REGISTER
CITATION].
Section 9.0..................... Enforcement and 1/1/2023 11/4/2024, [INSERT
Registration FIRST PAGE OF
Denial. FEDERAL REGISTER
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
1131 MOTOR VEHICLE EMISSIONS INSPECTION PROGRAM--KENT AND NEW CASTLE COUNTIES
----------------------------------------------------------------------------------------------------------------
Section 1.0..................... Purpose............ 1/1/23 11/4/2024, [INSERT REGULATION 1131
FIRST PAGE OF APPLIES TO KENT
FEDERAL REGISTER AND NEW CASTLE
CITATION]. COUNTIES.
Section 2.0..................... Applicability and 1/1/2023 11/4/2024, [INSERT
General Provisions. FIRST PAGE OF
FEDERAL REGISTER
CITATION].
Section 3.0..................... Definitions........ 1/1/2023
Section 4.0..................... Vehicle Inspection 1/1/2023 11/4/2024, [INSERT
Requirements. FIRST PAGE OF
FEDERAL REGISTER
CITATION].
Section 5.0..................... Motor Vehicle Anti- 1/1/2023 11/4/2024, [INSERT
Tampering FIRST PAGE OF
Requirements. FEDERAL REGISTER
CITATION].
Section 6.0..................... On-Road Inspection 1/1/2023 11/4/2024], [INSERT
Standards and Test FIRST PAGE OF
Procedures. FEDERAL REGISTER
CITATION].
Section 7.0..................... Vehicle Emission 1/1/2023 11/4/2024, [INSERT
Inspection Waivers. FIRST PAGE OF
FEDERAL REGISTER
CITATION].
Section 8.0..................... Certified Emission 1/1/2023 11/4/2024, [INSERT
Repair Technician. FIRST PAGE OF
FEDERAL REGISTER
CITATION].
Section 9.0..................... Enforcement and 1/1/2023 11/4/2024, [INSERT
Registration FIRST PAGE OF
Denial. FEDERAL REGISTER
CITATION].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
[[Page 87505]]
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State submittal Additional
revision geographic area date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Motor Vehicle Emissions Statewide.......... 03/13/2023 11/4/2024, [INSERT This Plan for
Inspection Program; Plan for FIRST PAGE OF Implementation
Implementation (PFI) for 7 DE FEDERAL REGISTER applies to both 7
Admin Code 1126 and 7 DE Admin. CITATION]. DE 1126 Motor
Code 1131. vehicle Inspection
Program--Sussex
County; and to 7
DE 1131 Motor
Vehicle Emissions
Inspection
Program--Kent and
New Castle
Counties.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2024-25460 Filed 11-1-24; 8:45 am]
BILLING CODE 6560-50-P
