Air Plan Approval; Delaware; Motor Vehicle Inspection and Maintenance Program Certification, 24554-24559 [2025-10546]
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Federal Register / Vol. 90, No. 111 / Wednesday, June 11, 2025 / Proposed Rules
application of those requirements would
be inconsistent with the Clean Air Act.
In addition, this action 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 the EPA notes
that it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Particulate matter, Recording and
recordkeeping requirements, Sulfur
oxides.
Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
[FR Doc. 2025–10547 Filed 6–10–25; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2025–0133; FRL–11841–
01–R3]
Air Plan Approval; Delaware; Motor
Vehicle Inspection and Maintenance
Program Certification
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the State of Delaware. This
SIP revision addresses Clean Air Act
(CAA) requirements for the enactment
of a Basic vehicle emissions inspection
and maintenance (I/M) program for the
Delaware portion (i.e., New Castle
County) of the PhiladelphiaWilmington-Atlantic City, Pa-NJ-MD-DE
Nonattainment Area (Philadelphia
NAA) for the 2015 8-hour ozone
National Ambient Air Quality Standards
(NAAQS).
DATES: Written comments must be
received on or before July 11, 2025.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2025–0133 at https://
www.regulations.gov, or via email to
gordon.mike@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
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SUMMARY:
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comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www.epa.gov/dockets/commenting-epadockets.
FOR FURTHER INFORMATION CONTACT:
Adam Lewis, 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) 814–2026. Mr. Adam
Lewis can also be reached via electronic
mail at Lewis.Adam@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On February 14, 2024, Delaware
submitted the ‘‘Basic Performance
Standard Certification for New Castle
County Inspection and Maintenance
Program’’ (I/M Certification SIP) as a
revision to the Delaware SIP. This Basic
I/M certification SIP revision was
submitted prior to the reclassification of
the Philadelphia NAA from Moderate to
Serious nonattainment for the 2015 8hour ozone NAAQS (89 FR 61025, July
30, 2024). CAA section 182(c)(3)
requires states with areas designated as
Serious or above to submit SIP revisions
that provide for the implementation of
an Enhanced I/M program in certain
urbanized areas of the NAA. That
requirement will be addressed at a later
date.
On October 1, 2015, the EPA revised
the primary and secondary NAAQS for
ozone to a level of 0.70 parts per million
(ppm) (based on the annual fourthhighest daily maximum 8-hour average
concentration, averaged over three
years) to provide increased protection of
human health and the environment.1
The 2015 ozone NAAQS retains the
1 80
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same general form and averaging time as
the 0.75 ppm NAAQS set in 2008, but
is set at a more protective level. On June
4, 2018 (effective August 3, 2018), the
EPA designated the PhiladelphiaWilmington-Atlantic City, PA-NJ-MDDE area (including Delaware’s New
Castle County) as Marginal
nonattainment for the 2015 8-hour
ozone NAAQS.2 Areas designated as
Marginal nonattainment were required
to attain the 2015 8-hour ozone NAAQS
by no later than August 3, 2021 (three
years from the effective date of
designation).
On October 7, 2022, the EPA
determined that the Philadelphia NAA
failed to attain the 2015 ozone NAAQS
by its August 3, 2021 attainment date
and reclassified the area from Marginal
to Moderate nonattainment.3 Moderate
areas were required to attain the 2015 8hour ozone NAAQS by no later than six
years after the effective date of initial
designation, or August 3, 2024. CAA
section 182 outlines SIP requirements
applicable to ozone nonattainment areas
specific to each classification category.
The requirements for a Moderate ozone
nonattainment area include a Basic
vehicle I/M program. CAA section
182(b)(4). The Basic I/M requirements
are further articulated in the EPA’s I/M
Rule at 40 Code of Federal Regulations
(CFR) part 51, subpart S.4 The Federal
performance standards 5 for a Basic I/M
program are outlined in 40 CFR 51.352.
Consistent with the I/M Rule, areas with
existing I/M programs need to conduct
and submit a performance standard
modeling analysis as well as make any
necessary program revisions as part of
their Moderate area SIP submissions to
ensure that I/M programs are operating
at or above the Basic I/M performance
standard level for the 2015 8-hour ozone
NAAQS. These areas may determine
through the performance standard
modeling analysis that an existing SIPapproved program would meet the
performance standard for purposes of
the 2015 ozone NAAQS without
modification. In this case, the state
could submit a SIP revision with the
associated performance modeling and a
written statement certifying their
2 83
FR 25776 (June 4, 2018).
FR 60897 (October 7, 2022).
4 See 40 CFR 51.350(a)(4) for nonattainment area
population I/M criteria applicability.
5 An I/M performance standard is a collection of
program design elements which defines a
benchmark program to which a state’s proposed I/
M program is compared in terms of its potential to
reduce emissions of the ozone precursors, nitrogen
oxides (NOX) and volatile organic compounds
(VOCs).
3 87
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determination in lieu of submitting new
revised regulations.6
To address this Basic I/M requirement
for the Delaware portion of the 2015
ozone Philadelphia NAA required for
the Moderate classification, Delaware
submitted the February 14, 2024, SIP
revision. Due to more stringent
nonattainment classifications under
previous ozone NAAQS and Delaware’s
inclusion as part of the Ozone Transport
Region (OTR),7 Delaware already
implements an Alternate Low Enhanced
I/M program in New Castle County and
Kent County.8 The EPA recently
approved (via a final rule published
November 4, 2024) updates to
Delaware’s prior approved I/M SIP
submitted in March 2023.9 This
previous I/M program revision included
regulatory updates made between the
inception of Delaware’s current
Alternate Low Enhanced I/M program
and March 2023. In approving this
March 2023 SIP revision, the EPA’s
November 2024 action determined that
the current I/M program in New Castle
County (and Kent County) met the
applicable CAA requirements for an
Alternate Low Enhanced I/M program, a
more stringent standard than a Basic
program for which Delaware now seeks
certification. For that Alternate Low
Enhanced I/M program Delaware
availed itself of flexibility in EPA’s I/M
rule that allows an Enhanced I/M
subject area to adopt a program that
meets an Alternate Low Enhanced I/M
performance standard if the area: (1) has
an approved SIP pursuant to CAA
requirements for Reasonable Further
Progress (for the period from 1990–
1996); (2) does not have a disapproved
plan for Reasonable Further Progress for
the period after 1996; and (3) does not
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have a disapproved plan for attainment
of the air quality standards for ozone or
carbon monoxide.10 Delaware’s
Alternate Low Enhanced I/M program
(applicable to Kent and New Castle
Counties) was codified at Delaware
Code Title 7, Regulation 31.11
Delaware’s Alternate Low Enhanced I/
M program applicable to the Delaware
portion of the Philadelphia NAA is a
centralized, state-run testing program
(conducted by the Delaware Division of
Motor Vehicles), with emissions testing
conducted on a biennial basis. Testing
is performed on 1968 and newer
vehicles (up to 14,000 pounds gross
vehicle weight rating (GVWR), as
detailed in Table 1 below. New vehicles
are exempted until seven years of age.
A vehicle must pass inspection or be
granted a waiver before it can be
registered in the state.
TABLE 1—DELAWARE I/M PROGRAM VEHICLE COVERAGE
I/M program
Vehicle model years tested
Vehicles weighing up to 8,500 lb. GVWR .........................................
1968–1995 ..................................
Vehicles weighing 8,501 to 14,000 lb. GVWR ..................................
1975–1995 ..................................
1996 and newer ..........................
2008 and newer ..........................
Vehicle inspections exemption years ................................................
II. Summary of Delaware’s February
2024 I/M Program SIP Revision, and the
EPA’s Analysis
On February 14, 2024, Delaware
submitted the I/M Certification SIP to
the EPA. This SIP revision was
submitted to certify that the existing
SIP-approved Alternate Low Enhanced
I/M test performed
Unloaded Idle test.
Gas Cap Testing.
Evaporative System Pressure check.
OBD testing.
OBD testing.
7 newest model years.
I/M program meets all applicable
requirements for a Basic I/M program
required for Moderate ozone
nonattainment areas. Table 2, in this
document, compares the EPA’s Basic I/
M performance standard for areas
designated nonattainment for the 2015
8-hour ozone standard of 40 CFR
51.352(e) with the state’s current
Alternate Low Enhanced I/M Program.
The I/M regulations at 40 CFR 51.372
address I/M SIP submissions, with
paragraphs (a)(1) through (8) outlining
the required elements. Table 5, in this
document, summarizes how Delaware
satisfied these requirements.
TABLE 2—BASIC I/M PERFORMANCE STANDARD COMPARISON OF THE ALTERNATE LOW ENHANCED PERFORMANCE
STANDARD OF THE DELAWARE PORTION OF THE PHILADELPHIA-WILMINGTON-ATLANTIC CITY OZONE NONATTAINMENT
AREA (NEW CASTLE COUNTY)
I/M program element
Basic I/M model program 12
Network Type ..................................
Program Start Date .........................
Centralized .........................................................
4 years after the effective date of designation
and classification under the 8-hour ozone
standard.
Annual ................................................................
1968 and newer .................................................
Light-duty vehicles .............................................
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Test Frequency ................................
Model Year Coverage .....................
Vehicle Type Coverage ...................
6 See section II.E of the October 7, 2022 final rule
(87 FR 60897, 60906) and the April 13, 2022
proposal (87 FR 21842).
7 The Philadelphia-Wilmington-Trenton NAA
was previously classified as severe nonattainment
under the now revoked 1979 ozone NAAQS. CAA
Section 184(b)(1)(A) provides that an area within a
state in an ozone transport region and with a
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Delaware’s alternate low enhanced I/M program
Centralized.
New Castle County—1995.
Biennial.
1968 and newer (7 newest model years exempt).
1968 and newer light-duty gasoline vehicles (LDGVs)
and light-duty gasoline trucks (LDGTs), up to 8,500
lbs GVWR; and 1970 and newer Medium Duty Gasoline Vehicles (MDVs), up to 14,000 lbs GVWR.
metropolitan statistical area population of 100,000
or more must implement an enhanced I/M program.
8 See 40 CFR 51.351(g) for the Alternate Low
Enhanced Performance Standard.
9 See 89 FR 87500 (November 4, 2024) and 89 FR
66295 (August 15, 2024) for these actions and a
summary of the Delaware specific CAA
requirements for I/M Programs, additional
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background on the Ozone NAAQS, and resulting
Delaware Area Ozone Nonattainment Designation.
10 40 CFR 51.351(g).
11 Recodified by the State as 7 DE Admin. Code
1131 in 2012.
12 See the Basic performance standard for areas
designated non-attainment for the 8-hour ozone
standard at 40 CFR 51.352(e).
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TABLE 2—BASIC I/M PERFORMANCE STANDARD COMPARISON OF THE ALTERNATE LOW ENHANCED PERFORMANCE
STANDARD OF THE DELAWARE PORTION OF THE PHILADELPHIA-WILMINGTON-ATLANTIC CITY OZONE NONATTAINMENT
AREA (NEW CASTLE COUNTY)—Continued
I/M program element
Basic I/M model program 12
Delaware’s alternate low enhanced I/M program
Test Types .......................................
Idle Test for 1968–2000 vehicles; OBD checks
on 2001 and newer vehicles.
Emission Control Device .................
Visual Inspection .............................
Evaporative system function check
None ..................................................................
Curb Idle test: (1968–1995 LDVs and LDTs; and 1970–
1995); OBD: 1996 and newer LDGVs and LDGTs, up
to 8,500 lbs GVWR; and 1997 and later LDDVs (lightduty diesel vehicles), up to 8,500 lbs GVWR; and
2008 and newer MDVs (gasoline or diesel), up to
14,000 lbs GVWR.
1981 and newer Catalytic converter.
Waiver Rate .....................................
(for cost-limited I/M repair expenditures).
Compliance Rate .............................
None, with the exception of those performed
by the OBD system on vehicles so-equipped
and only for model year 2001 and newer vehicles.
A 0% waiver rate as a percentage of failed vehicles.
Gas Cap Pressure Test, for 1975–1995 vehicles.
A 100% compliance rate ...................................
A 96% compliance rate.
As part of its I/M Certification SIP,
Delaware’s February 2024 submission
included an I/M performance standard
modeling analysis 13 to demonstrate that
the existing Alternate Low Enhanced I/
M program obtains the same or lower
emission levels as the applicable Basic
I/M performance standard.
To demonstrate that the existing
Delaware Alternate Low Enhanced I/M
program meets the Basic I/M
performance standard described in 40
CFR 51.352(e), the existing Delaware
program must be evaluated on a
performance basis against that of the
EPA’s benchmark Basic I/M program to
ensure that Delaware’s program
A 3% waiver rate.
achieves the same or better performance
in reducing nitrogen oxides (NOX) and
volatile organic compounds (VOCs).
This analysis is performed using the
latest available version of the EPA’s
Motor Vehicle Emissions Simulator
Model (MOVES) 14 and performance
standard modeling guidance 15 to
establish the resultant MOVES-derived
pollutant levels from highway mobile
sources in the I/M area. For that
evaluation, the Basic I/M Certification
SIP presents a comparison of July
weekday emissions rates (in grams per
mile) for VOC and NOX based on the
existing Alternate Low Enhanced
Delaware I/M program and the Basic I/
M model program benchmark.
A summary of the inputs and
assumptions used by Delaware for its
MOVES analysis is described in Table 3
below. Delaware commenced work on
this MOVES analysis in 2020, using
MOVES3.1, which was the current
version of the model at that time.
Though the EPA has since released
newer versions of the MOVES model
(i.e., MOVES4 and MOVES5), Delaware
had already completed significant work
on its MOVES SIP analyses prior to the
release of MOVES4 in September
2023.16
TABLE 3—PERFORMANCE STANDARD MOVES INPUTS AND ASSUMPTIONS DATA
MOVES RunSpec
Delaware’s basic I/M modeling for performance standard certification for New Castle County
Emission Model ....................................
Scale/Calculation Type .........................
Analysis Years ......................................
Analysis Months ...................................
Analysis Days .......................................
Analysis Hours .....................................
Geographic Bounds ..............................
Pollutants ..............................................
Fuel Types ............................................
MOVES3.1.0 (default database: MOVESDB20221007).
County Scale Inventory Run.
2023.
July.
Weekdays.
All.
New Castle, DE (10003).
VOC, NOX + Necessary Precursors.
Compressed Natural Gas (CNG), Diesel, Electricity, Ethanol (E–85), Gasoline.
Traffic Data
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Vehicle Miles Traveled (VMT) Growth
Forecast.
Used the Federal Highway Administration (FHWA) forecast growth rate for 2019 to 2049 (1.007733).
Applied this to the 2019 data to get the projected 2023 VMT. https://www.fhwa.dot.gov/
policyinformation/tables/vmt/.
13 Available in the docket for this action as
Appendix B, Performance Standard Modeling
Output Analysis of the DE I/M Certification SIP
14 Delaware used MOVES3.1.0 (default database:
MOVESDB20221007) for this analysis. See ‘‘Policy
Guidance on the Use of MOVES3 for State
Implementation Plan Development, Transportation
Conformity, General Conformity, and Other
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Purposes’’ (EPA–420–B–20–044, November 2020),
p. 7, available in the docket for this action.
Delaware’s modeling analysis in support of this SIP
revisions modeling was completed in March 2023
prior to the subsequent release by the EPA of
MOVES4.
15 See the EPA’s Performance Standard Modeling
for New and Existing Vehicle Inspection and
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Maintenance (I/M) Programs Using the MOVES
Mobile Source Emissions Model [EPA–420–B–22–
034 October 2022] available in the docket for this
action.
16 88 FR 62567 (September 12, 2023). See supra
note 15.
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TABLE 3—PERFORMANCE STANDARD MOVES INPUTS AND ASSUMPTIONS DATA—Continued
MOVES RunSpec
Delaware’s basic I/M modeling for performance standard certification for New Castle County
County Database Inputs
Source Type Year VMT .......................
Grew the 2019 VMT data to 2023, using a growth factor of 1.00733 per annum. Used the same distribution as was used in the EPA data set for the 2020 National Emissions Inventory (NEI). This distribution was applied to the 13 MOVES vehicle types to allocate the VMT.
Month VMT Fractions ...........................
Day VMT Fractions ..............................
Hourly VMT Fractions ..........................
I/M Parameters New Castle County
Plan Scenario.
I/M Parameters—Basic Performance
Standard Scenario.
Road Type Distribution .........................
Used
Used
Used
Used
Source Type Year (Population) ............
Vehicle Age Distribution .......................
Average Speed Distribution .................
Fuel Supply ..........................................
Fuel Formulation ..................................
Fuel Usage Fraction .............................
Alternative Vehicle Fuel Table (AVFT)
ZoneMonthHour ....................................
the
the
the
the
month VMT from the 2017 NEI.
day VMT from the 2017 NEI.
hourly VMT from the 2017 NEI.
January 2023 changes to Delaware’s regulation 1131.
Basic I/M per 40 CFR 51.352(e).
Used the analysis of the 2020 DelDOT tables: https://deldot.gov/Publications/reports/hpms/
index.shtml?dc=hpms_2020. As well as yielding VMT, this data also yields road type distributions.
Using Vehicle Population data (R45CAM07), we collected the data from years 2017 to 2022, and projected this data forward to 2023 using a linear regression model.
Analysis of 2022 R45CAM07 data. The distribution was grown to 2023 using the EPA’s spreadsheet
tool: moves3-age-distribution-projection-tool-202104051.xls.
Used the CRCA100 data set.
MOVES3.1 default tables.
MOVES3.1 default tables.
MOVES3.1 default tables, Set Flex Fuel Vehicle E85 usage to zero.
MOVES3.1 Default Tables, edited by using Delaware’s EV registration data from 2010 to 2022. We
used the same EV proportions for future years. MOVES3.1 only accepts Electric vehicles for Source
Use Types 21,31 and 32.
Average hourly data by month from years 2020, 2021 and 2022 meteorological datasets maintained by
NOAA.
Table 4 in this document, shows the
results of Delaware’s Basic I/M
performance standard analysis for the
New Castle County, Delaware portion of
the Philadelphia NAA. The results of
this modeling show that for a 2023
evaluation year, NOX and VOC emission
levels from Delaware’s existing New
Castle County I/M program are lower
than those for EPA’s Basic I/M
performance standard, at 40 CFR
51.352(e), as shown in Table 4.
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TABLE 4—PERFORMANCE STANDARD MODELING RESULTS FOR THE DELAWARE PORTION OF THE PHILADELPHIAWILMINGTON-ATLANTIC CITY I/M PROGRAM FOR A 2023 EVALUATION YEAR
County
I/M program
New Castle ..........
Existing Alternate Low Enhanced I/M Program Emission Rate ............................
EPA Basic I/M Program Performance Standard Emission Rate ...........................
Performance Standard Margin ...............................................................................
Meets EPA Basic Performance Standard? ...........................................................
For both VOC and NOX in the 2023
analysis year, Delaware’s modeling
results indicate that the performance of
Delaware Alternate Low Enhanced I/M
program exceeds the applicable Federal
Basic I/M performance standard. Based
on the review of Delaware’s
documentation included in the I/M
Certification SIP, the EPA finds that
Delaware used appropriate methods and
input data to perform the I/M
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performance standard analyses for the
subject area, analyzed an appropriate
evaluation year of 2023,17 and included
17 2023 is the start of the attaining ozone season.
The attainment date of August 3, 2024, is in the
middle of the ozone season and thus 2023 is the last
complete ozone season prior to attainment.
Pursuant to the Modeling and attainment
demonstration requirements of 40 CFR 51.1308, if
Delaware were to start a new I/M program, for
attainment purposes, they would need to have it
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NOX
(in grams per mile)
VOC
(in grams per mile)
0.3733
0.3811
0.0078
Yes
0.2085
0.2148
0.0063
Yes
sufficient documentation to support the
results. The EPA finds that the State’s
MOVES-based performance standard
evaluation results and the previously
noted improvements in Delaware’s prior
approved I/M SIP submitted in March
2023 were conducted appropriately.
fully implemented ‘‘no later than the beginning of
the attainment year ozone season.’’
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As noted above, the I/M regulations at
40 CFR 51.372 address I/M SIP
submissions, with paragraphs (a)(1)
through (8) outlining the required
elements. Table 5 in this document,
summarizes how Delaware satisfied
these requirements.
TABLE 5—BASIC I/M CERTIFICATION SIP REQUIREMENTS
Required element
Element satisfaction
40 CFR 51.372(a)(1) ............
A schedule of implementation of the program including
interim milestones leading to mandatory testing.
40 CFR 51.372(a)(2) ............
An analysis of emission level targets for the program
using the most current EPA mobile source emission
model or an alternative approved by the Administrator showing that the program meets the performance standard described in 40 CFR 51.351 or 51.352
of this subpart, as applicable;
A description of the geographic coverage of the program, including ZIP codes if the program is not county-wide;
A detailed discussion of each of the required design
elements, including provisions for Federal facility
compliance;
Motor Vehicle Emissions Inspection Program; Plan for
Implementation (PFI) for 7 DE Admin Code 1126 and
7 DE Admin. Code 1131: Section 1—Applicability (c)
& Section 2—Low Enhanced I/M Performance Standard (b).
Reviewed and found to satisfy the requirement in section II of this document.
40 CFR 51.372(a)(3) ............
40 CFR 51.372(a)(4) ............
40 CFR 51.372(a)(5) ............
40 CFR 51.372(a)(6) ............
40 CFR 51.372(a)(7) ............
40 CFR 51.372(a)(8) ............
Legal authority requiring or allowing implementation of
the I/M program and providing either broad or specific authority to perform all required elements of the
program;
Legal authority for I/M program operation until such
time as it is no longer necessary (i.e., until a Section
175 maintenance plan without an I/M program is approved by EPA);
Implementing regulations, interagency agreements, and
memoranda of understanding; and
Evidence of adequate funding and resources to implement all aspects of the program.
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III. EPA’s Evaluation
After a review of Delaware’s
submission, the EPA has determined
that the state’s modeling analysis
showed that the New Castle County I/
M program was modeled appropriately;
modeling inputs accurately reflected the
vehicles subject to I/M testing, and
emission reductions from the State’s I/
M program were greater than or equal to
the I/M benchmark program for the
Basic performance standard pursuant to
CAA section 182(b)(4) and 40 CFR part
51, subpart S. This modeling was
consistent with the most current
guidance 18 at the time of the State’s
analysis, and we concur with the State’s
determination that the Delaware I/M
program for New Castle County (within
the 2015 Ozone Philadelphia NAA)
meets the applicable performance
standard and requirements for a Basic I/
M program. This is consistent with the
EPA’s November 2024 final rule (89 FR
87500, (November 4, 2024) that
determined the same program met the
more stringent standard of an Alternate
18 See
supra note 15.
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Motor Vehicle Emissions Inspection Program; PFI for 7
DE Admin Code 1126 and 7 DE Admin. Code 1131:
section 1—Applicability (a) & (b).
Motor Vehicle Emissions Inspection Program; PFI for 7
DE Admin Code 1126 and 7 DE Admin. Code 1131:
section 2—Low Enhanced I/M Performance Standard.
Motor Vehicle Emissions Inspection Program; PFI for 7
DE Admin Code 1126 and 7 DE Admin. Code 1131:
section 6—Vehicle coverage & Appendix F.
Motor Vehicle Emissions Inspection Program; PFI for 7
DE Admin Code 1126 and 7 DE Admin. Code 1131:
section 6—Vehicle coverage & Appendix F.
Title DE Code 6701. Emissions standards require for
inspection and Section 6708. Implementation; Department’s standards.
Motor Vehicle Emissions Inspection PFI for 7 DE
Admin Code 1126 and 7 DE Admin. Code 1131:
Section 4—Adequate tools and resources.
Low Enhanced I/M program pursuant to
40 CFR 51.351(g) and the supporting
review shows that it meets all
applicable requirements for a Basic I/M
program required for a Moderate ozone
nonattainment area.
IV. Proposed Action
The EPA has evaluated Delaware’s
Basic I/M Certification SIP against the
applicable procedural and substantive
requirements of the CAA for SIPs and
SIP revisions and is proposing that the
Delaware Alternate Low Enhanced I/M
Program in New Castle County (within
the 2015 Ozone Philadelphia NAA)
meets all applicable requirements for a
Basic I/M program, as required for a
Moderate nonattainment zone under the
2015 ozone NAAQS.
The EPA is proposing to approve the
vehicle emissions I/M program
certification submitted by Delaware on
March 4, 2024 for the New Castle
County Portion of Philadelphia NAA for
the 2015 8-hour ozone as satisfying the
applicable CAA requirements. The EPA
is soliciting public comments on the
issues discussed in this document.
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
These comments will be considered
before taking final action.
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Clean Air Act and
applicable Federal regulations. 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
in reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, this
action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Executive Order 14192 (90 FR 9065,
February 6, 2025) does not apply
because SIP actions are exempt from
review under Executive Order 12866;
E:\FR\FM\11JNP1.SGM
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Federal Register / Vol. 90, No. 111 / Wednesday, June 11, 2025 / Proposed Rules
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• 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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian Tribe has demonstrated that a
Tribe has jurisdiction. In those areas of
Indian country, the rule does not have
Tribal implications and will not impose
substantial direct costs on Tribal
governments or preempt Tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, and Volatile organic
compounds.
Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
khammond on DSK9W7S144PROD with PROPOSALS
[FR Doc. 2025–10546 Filed 6–10–25; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2024–0581; FRL–12329–
01–R3]
Air Plan Approval; West Virginia; 2024
Amendments to West Virginia’s
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the State of West Virginia.
This revision updates West Virginia’s
incorporation by reference (IBR) of
EPA’s national ambient air quality
standards (NAAQS) and the associated
monitoring reference and equivalent
methods. This action is being taken
under the Clean Air Act (CAA).
DATES: Written comments must be
received on or before July 11, 2025.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2024–0581 at
www.regulations.gov, or via email to
Gordon.Mike@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www.epa.gov/dockets/commenting-epadockets.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Bryan Cashman, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
VerDate Sep<11>2014
15:58 Jun 10, 2025
Jkt 265001
PO 00000
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24559
Protection Agency, Region III, Four
Penn Center, 1600 John F. Kennedy
Boulevard, Philadelphia, Pennsylvania
19103. The telephone number is (215)
814–2012. Mr. Cashman can also be
reached via electronic mail at
Cashman.Bryan@epa.gov.
SUPPLEMENTARY INFORMATION: On July 1,
2024, the West Virginia Department of
Environmental Protection (WVDEP)
submitted a revision to its SIP
pertaining to the amendments of
Legislative Rule, 45 Code of State Rule
(CSR) Ambient Air Quality Standards.
The SIP submittal updates West
Virginia’s IBR of the NAAQS
promulgated by EPA and found at 40
Code of Federal Regulations (CFR) part
50 and ambient air monitoring reference
methods and equivalent methods
promulgated by EPA and found at 40
CFR part 53 into West Virginia’s
legislative rules.
I. Summary of SIP Revision and EPA
Analysis
WVDEP has historically chosen to
incorporate by reference the NAAQS,
found at 40 CFR part 50, and the
associated Federal ambient air
monitoring reference methods and
equivalent methods for these NAAQS
found at 40 CFR part 53. When
incorporating by reference these Federal
regulations, WVDEP has specified that it
is incorporating by reference these
regulations as they existed on a certain
date. The IBR of the NAAQS that is
currently approved in the West Virginia
SIP incorporates by reference 40 CFR
parts 50 and 53 as they existed on June
1, 2023. West Virginia’s July 1, 2024 SIP
revision updates the State’s IBR of the
primary and secondary NAAQS and the
ambient air monitoring reference and
equivalent methods, found in 40 CFR
parts 50 and 53, respectively, as of June
1, 2023. Primary NAAQS establish air
quality standards which the
administrator of EPA determines are
necessary, with an adequate margin of
safety, to protect the public health.
Secondary NAAQS establish air quality
standards which the administrator of
EPA determines necessary to protect the
public welfare from any known or
anticipated adverse effects of a
pollutant. This revision also
incorporates by reference the ambient
air monitoring reference methods and
equivalent methods promulgated by
EPA under 40 CFR part 53.
The amendments to the legislative
rule include changes to section 45–8–1
(General) and 45–8–3 (Adoption of
Standards). The amendments
alphabetize the criteria pollutants list in
the scope (1.1), update the filing and
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]]>Agencies
[Federal Register Volume 90, Number 111 (Wednesday, June 11, 2025)]
[Proposed Rules]
[Pages 24554-24559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10546]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2025-0133; FRL-11841-01-R3]
Air Plan Approval; Delaware; Motor Vehicle Inspection and
Maintenance Program Certification
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a state implementation plan (SIP) revision submitted by the
State of Delaware. This SIP revision addresses Clean Air Act (CAA)
requirements for the enactment of a Basic vehicle emissions inspection
and maintenance (I/M) program for the Delaware portion (i.e., New
Castle County) of the Philadelphia-Wilmington-Atlantic City, Pa-NJ-MD-
DE Nonattainment Area (Philadelphia NAA) for the 2015 8-hour ozone
National Ambient Air Quality Standards (NAAQS).
DATES: Written comments must be received on or before July 11, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2025-0133 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Adam Lewis, 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) 814-2026. Mr. Adam
Lewis can also be reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On February 14, 2024, Delaware submitted the ``Basic Performance
Standard Certification for New Castle County Inspection and Maintenance
Program'' (I/M Certification SIP) as a revision to the Delaware SIP.
This Basic I/M certification SIP revision was submitted prior to the
reclassification of the Philadelphia NAA from Moderate to Serious
nonattainment for the 2015 8-hour ozone NAAQS (89 FR 61025, July 30,
2024). CAA section 182(c)(3) requires states with areas designated as
Serious or above to submit SIP revisions that provide for the
implementation of an Enhanced I/M program in certain urbanized areas of
the NAA. That requirement will be addressed at a later date.
On October 1, 2015, the EPA revised the primary and secondary NAAQS
for ozone to a level of 0.70 parts per million (ppm) (based on the
annual fourth-highest daily maximum 8-hour average concentration,
averaged over three years) to provide increased protection of human
health and the environment.\1\ The 2015 ozone NAAQS retains the same
general form and averaging time as the 0.75 ppm NAAQS set in 2008, but
is set at a more protective level. On June 4, 2018 (effective August 3,
2018), the EPA designated the Philadelphia-Wilmington-Atlantic City,
PA-NJ-MD-DE area (including Delaware's New Castle County) as Marginal
nonattainment for the 2015 8-hour ozone NAAQS.\2\ Areas designated as
Marginal nonattainment were required to attain the 2015 8-hour ozone
NAAQS by no later than August 3, 2021 (three years from the effective
date of designation).
---------------------------------------------------------------------------
\1\ 80 FR 65292 (October 26, 2015).
\2\ 83 FR 25776 (June 4, 2018).
---------------------------------------------------------------------------
On October 7, 2022, the EPA determined that the Philadelphia NAA
failed to attain the 2015 ozone NAAQS by its August 3, 2021 attainment
date and reclassified the area from Marginal to Moderate
nonattainment.\3\ Moderate areas were required to attain the 2015 8-
hour ozone NAAQS by no later than six years after the effective date of
initial designation, or August 3, 2024. CAA section 182 outlines SIP
requirements applicable to ozone nonattainment areas specific to each
classification category. The requirements for a Moderate ozone
nonattainment area include a Basic vehicle I/M program. CAA section
182(b)(4). The Basic I/M requirements are further articulated in the
EPA's I/M Rule at 40 Code of Federal Regulations (CFR) part 51, subpart
S.\4\ The Federal performance standards \5\ for a Basic I/M program are
outlined in 40 CFR 51.352. Consistent with the I/M Rule, areas with
existing I/M programs need to conduct and submit a performance standard
modeling analysis as well as make any necessary program revisions as
part of their Moderate area SIP submissions to ensure that I/M programs
are operating at or above the Basic I/M performance standard level for
the 2015 8-hour ozone NAAQS. These areas may determine through the
performance standard modeling analysis that an existing SIP-approved
program would meet the performance standard for purposes of the 2015
ozone NAAQS without modification. In this case, the state could submit
a SIP revision with the associated performance modeling and a written
statement certifying their
[[Page 24555]]
determination in lieu of submitting new revised regulations.\6\
---------------------------------------------------------------------------
\3\ 87 FR 60897 (October 7, 2022).
\4\ See 40 CFR 51.350(a)(4) for nonattainment area population I/
M criteria applicability.
\5\ An I/M performance standard is a collection of program
design elements which defines a benchmark program to which a state's
proposed I/M program is compared in terms of its potential to reduce
emissions of the ozone precursors, nitrogen oxides (NOX)
and volatile organic compounds (VOCs).
\6\ See section II.E of the October 7, 2022 final rule (87 FR
60897, 60906) and the April 13, 2022 proposal (87 FR 21842).
---------------------------------------------------------------------------
To address this Basic I/M requirement for the Delaware portion of
the 2015 ozone Philadelphia NAA required for the Moderate
classification, Delaware submitted the February 14, 2024, SIP revision.
Due to more stringent nonattainment classifications under previous
ozone NAAQS and Delaware's inclusion as part of the Ozone Transport
Region (OTR),\7\ Delaware already implements an Alternate Low Enhanced
I/M program in New Castle County and Kent County.\8\ The EPA recently
approved (via a final rule published November 4, 2024) updates to
Delaware's prior approved I/M SIP submitted in March 2023.\9\ This
previous I/M program revision included regulatory updates made between
the inception of Delaware's current Alternate Low Enhanced I/M program
and March 2023. In approving this March 2023 SIP revision, the EPA's
November 2024 action determined that the current I/M program in New
Castle County (and Kent County) met the applicable CAA requirements for
an Alternate Low Enhanced I/M program, a more stringent standard than a
Basic program for which Delaware now seeks certification. For that
Alternate Low Enhanced I/M program Delaware availed itself of
flexibility in EPA's I/M rule that allows an Enhanced I/M subject area
to adopt a program that meets an Alternate Low Enhanced I/M performance
standard if the area: (1) has an approved SIP pursuant to CAA
requirements for Reasonable Further Progress (for the period from 1990-
1996); (2) does not have a disapproved plan for Reasonable Further
Progress for the period after 1996; and (3) does not have a disapproved
plan for attainment of the air quality standards for ozone or carbon
monoxide.\10\ Delaware's Alternate Low Enhanced I/M program (applicable
to Kent and New Castle Counties) was codified at Delaware Code Title 7,
Regulation 31.\11\
---------------------------------------------------------------------------
\7\ The Philadelphia-Wilmington-Trenton NAA was previously
classified as severe nonattainment under the now revoked 1979 ozone
NAAQS. CAA Section 184(b)(1)(A) provides that an area within a state
in an ozone transport region and with a metropolitan statistical
area population of 100,000 or more must implement an enhanced I/M
program.
\8\ See 40 CFR 51.351(g) for the Alternate Low Enhanced
Performance Standard.
\9\ See 89 FR 87500 (November 4, 2024) and 89 FR 66295 (August
15, 2024) for these actions and a summary of the Delaware specific
CAA requirements for I/M Programs, additional background on the
Ozone NAAQS, and resulting Delaware Area Ozone Nonattainment
Designation.
\10\ 40 CFR 51.351(g).
\11\ Recodified by the State as 7 DE Admin. Code 1131 in 2012.
---------------------------------------------------------------------------
Delaware's Alternate Low Enhanced I/M program applicable to the
Delaware portion of the Philadelphia NAA is a centralized, state-run
testing program (conducted by the Delaware Division of Motor Vehicles),
with emissions testing conducted on a biennial basis. Testing is
performed on 1968 and newer vehicles (up to 14,000 pounds gross vehicle
weight rating (GVWR), as detailed in Table 1 below. New vehicles are
exempted until seven years of age. A vehicle must pass inspection or be
granted a waiver before it can be registered in the state.
Table 1--Delaware I/M Program Vehicle Coverage
------------------------------------------------------------------------
Vehicle model
I/M program years tested I/M test performed
------------------------------------------------------------------------
Vehicles weighing up to 8,500 1968-1995......... Unloaded Idle
lb. GVWR. test.
Gas Cap Testing.
1975-1995......... Evaporative System
Pressure check.
1996 and newer.... OBD testing.
Vehicles weighing 8,501 to 2008 and newer.... OBD testing.
14,000 lb. GVWR.
---------------------------------------
Vehicle inspections exemption 7 newest model years.
years.
------------------------------------------------------------------------
II. Summary of Delaware's February 2024 I/M Program SIP Revision, and
the EPA's Analysis
On February 14, 2024, Delaware submitted the I/M Certification SIP
to the EPA. This SIP revision was submitted to certify that the
existing SIP-approved Alternate Low Enhanced I/M program meets all
applicable requirements for a Basic I/M program required for Moderate
ozone nonattainment areas. Table 2, in this document, compares the
EPA's Basic I/M performance standard for areas designated nonattainment
for the 2015 8-hour ozone standard of 40 CFR 51.352(e) with the state's
current Alternate Low Enhanced I/M Program. The I/M regulations at 40
CFR 51.372 address I/M SIP submissions, with paragraphs (a)(1) through
(8) outlining the required elements. Table 5, in this document,
summarizes how Delaware satisfied these requirements.
---------------------------------------------------------------------------
\12\ See the Basic performance standard for areas designated
non-attainment for the 8-hour ozone standard at 40 CFR 51.352(e).
Table 2--Basic I/M Performance Standard Comparison of the Alternate Low Enhanced Performance Standard of the
Delaware Portion of the Philadelphia-Wilmington-Atlantic City Ozone Nonattainment Area (New Castle County)
----------------------------------------------------------------------------------------------------------------
Delaware's alternate low enhanced I/
I/M program element Basic I/M model program \12\ M program
----------------------------------------------------------------------------------------------------------------
Network Type............................ Centralized..................... Centralized.
Program Start Date...................... 4 years after the effective date New Castle County--1995.
of designation and
classification under the 8-hour
ozone standard.
Test Frequency.......................... Annual.......................... Biennial.
Model Year Coverage..................... 1968 and newer.................. 1968 and newer (7 newest model years
exempt).
Vehicle Type Coverage................... Light-duty vehicles............. 1968 and newer light-duty gasoline
vehicles (LDGVs) and light-duty
gasoline trucks (LDGTs), up to
8,500 lbs GVWR; and 1970 and newer
Medium Duty Gasoline Vehicles
(MDVs), up to 14,000 lbs GVWR.
[[Page 24556]]
Test Types.............................. Idle Test for 1968-2000 Curb Idle test: (1968-1995 LDVs and
vehicles; OBD checks on 2001 LDTs; and 1970-1995); OBD: 1996 and
and newer vehicles. newer LDGVs and LDGTs, up to 8,500
lbs GVWR; and 1997 and later LDDVs
(light-duty diesel vehicles), up to
8,500 lbs GVWR; and 2008 and newer
MDVs (gasoline or diesel), up to
14,000 lbs GVWR.
Emission Control Device................. None............................ 1981 and newer Catalytic converter.
Visual Inspection.......................
Evaporative system function check....... None, with the exception of Gas Cap Pressure Test, for 1975-1995
those performed by the OBD vehicles.
system on vehicles so-equipped
and only for model year 2001
and newer vehicles.
Waiver Rate............................. A 0% waiver rate as a percentage A 3% waiver rate.
(for cost-limited I/M repair of failed vehicles.
expenditures).
Compliance Rate......................... A 100% compliance rate.......... A 96% compliance rate.
----------------------------------------------------------------------------------------------------------------
As part of its I/M Certification SIP, Delaware's February 2024
submission included an I/M performance standard modeling analysis \13\
to demonstrate that the existing Alternate Low Enhanced I/M program
obtains the same or lower emission levels as the applicable Basic I/M
performance standard.
---------------------------------------------------------------------------
\13\ Available in the docket for this action as Appendix B,
Performance Standard Modeling Output Analysis of the DE I/M
Certification SIP
---------------------------------------------------------------------------
To demonstrate that the existing Delaware Alternate Low Enhanced I/
M program meets the Basic I/M performance standard described in 40 CFR
51.352(e), the existing Delaware program must be evaluated on a
performance basis against that of the EPA's benchmark Basic I/M program
to ensure that Delaware's program achieves the same or better
performance in reducing nitrogen oxides (NOX) and volatile
organic compounds (VOCs). This analysis is performed using the latest
available version of the EPA's Motor Vehicle Emissions Simulator Model
(MOVES) \14\ and performance standard modeling guidance \15\ to
establish the resultant MOVES-derived pollutant levels from highway
mobile sources in the I/M area. For that evaluation, the Basic I/M
Certification SIP presents a comparison of July weekday emissions rates
(in grams per mile) for VOC and NOX based on the existing
Alternate Low Enhanced Delaware I/M program and the Basic I/M model
program benchmark.
---------------------------------------------------------------------------
\14\ Delaware used MOVES3.1.0 (default database:
MOVESDB20221007) for this analysis. See ``Policy Guidance on the Use
of MOVES3 for State Implementation Plan Development, Transportation
Conformity, General Conformity, and Other Purposes'' (EPA-420-B-20-
044, November 2020), p. 7, available in the docket for this action.
Delaware's modeling analysis in support of this SIP revisions
modeling was completed in March 2023 prior to the subsequent release
by the EPA of MOVES4.
\15\ See the EPA's Performance Standard Modeling for New and
Existing Vehicle Inspection and Maintenance (I/M) Programs Using the
MOVES Mobile Source Emissions Model [EPA-420-B-22-034 October 2022]
available in the docket for this action.
---------------------------------------------------------------------------
A summary of the inputs and assumptions used by Delaware for its
MOVES analysis is described in Table 3 below. Delaware commenced work
on this MOVES analysis in 2020, using MOVES3.1, which was the current
version of the model at that time. Though the EPA has since released
newer versions of the MOVES model (i.e., MOVES4 and MOVES5), Delaware
had already completed significant work on its MOVES SIP analyses prior
to the release of MOVES4 in September 2023.\16\
---------------------------------------------------------------------------
\16\ 88 FR 62567 (September 12, 2023). See supra note 15.
Table 3--Performance Standard MOVES Inputs and Assumptions Data
------------------------------------------------------------------------
Delaware's basic I/M modeling for
MOVES RunSpec performance standard certification for
New Castle County
------------------------------------------------------------------------
Emission Model............... MOVES3.1.0 (default database:
MOVESDB20221007).
Scale/Calculation Type....... County Scale Inventory Run.
Analysis Years............... 2023.
Analysis Months.............. July.
Analysis Days................ Weekdays.
Analysis Hours............... All.
Geographic Bounds............ New Castle, DE (10003).
Pollutants................... VOC, NOX + Necessary Precursors.
Fuel Types................... Compressed Natural Gas (CNG), Diesel,
Electricity, Ethanol (E-85), Gasoline.
------------------------------------------------------------------------
Traffic Data
------------------------------------------------------------------------
Vehicle Miles Traveled (VMT) Used the Federal Highway Administration
Growth Forecast. (FHWA) forecast growth rate for 2019 to
2049 (1.007733). Applied this to the
2019 data to get the projected 2023 VMT.
https://www.fhwa.dot.gov/policyinformation/tables/vmt/ policyinformation/tables/vmt/.
------------------------------------------------------------------------
[[Page 24557]]
County Database Inputs
------------------------------------------------------------------------
Source Type Year VMT......... Grew the 2019 VMT data to 2023, using a
growth factor of 1.00733 per annum. Used
the same distribution as was used in the
EPA data set for the 2020 National
Emissions Inventory (NEI). This
distribution was applied to the 13 MOVES
vehicle types to allocate the VMT.
------------------------------------------------------------------------
Month VMT Fractions.......... Used the month VMT from the 2017 NEI.
Day VMT Fractions............ Used the day VMT from the 2017 NEI.
Hourly VMT Fractions......... Used the hourly VMT from the 2017 NEI.
I/M Parameters New Castle Used the January 2023 changes to
County Plan Scenario. Delaware's regulation 1131.
I/M Parameters--Basic Basic I/M per 40 CFR 51.352(e).
Performance Standard
Scenario.
Road Type Distribution....... Used the analysis of the 2020 DelDOT
tables: https://deldot.gov/Publications/reports/hpms/index.shtml?dc=hpms_2020.
As well as yielding VMT, this data also
yields road type distributions.
Source Type Year (Population) Using Vehicle Population data (R45CAM07),
we collected the data from years 2017 to
2022, and projected this data forward to
2023 using a linear regression model.
Vehicle Age Distribution..... Analysis of 2022 R45CAM07 data. The
distribution was grown to 2023 using the
EPA's spreadsheet tool: moves3-age-
distribution-projection-tool-
202104051.xls.
Average Speed Distribution... Used the CRCA100 data set.
Fuel Supply.................. MOVES3.1 default tables.
Fuel Formulation............. MOVES3.1 default tables.
Fuel Usage Fraction.......... MOVES3.1 default tables, Set Flex Fuel
Vehicle E85 usage to zero.
Alternative Vehicle Fuel MOVES3.1 Default Tables, edited by using
Table (AVFT). Delaware's EV registration data from
2010 to 2022. We used the same EV
proportions for future years. MOVES3.1
only accepts Electric vehicles for
Source Use Types 21,31 and 32.
ZoneMonthHour................ Average hourly data by month from years
2020, 2021 and 2022 meteorological
datasets maintained by NOAA.
------------------------------------------------------------------------
Table 4 in this document, shows the results of Delaware's Basic I/M
performance standard analysis for the New Castle County, Delaware
portion of the Philadelphia NAA. The results of this modeling show that
for a 2023 evaluation year, NOX and VOC emission levels from
Delaware's existing New Castle County I/M program are lower than those
for EPA's Basic I/M performance standard, at 40 CFR 51.352(e), as shown
in Table 4.
Table 4--Performance Standard Modeling Results for the Delaware Portion of the Philadelphia-Wilmington-Atlantic
City I/M Program for a 2023 Evaluation Year
----------------------------------------------------------------------------------------------------------------
NOX (in grams per VOC (in grams per
County I/M program mile) mile)
----------------------------------------------------------------------------------------------------------------
New Castle.......................... Existing Alternate Low Enhanced I/ 0.3733 0.2085
M Program Emission Rate.
EPA Basic I/M Program Performance 0.3811 0.2148
Standard Emission Rate.
Performance Standard Margin....... 0.0078 0.0063
Meets EPA Basic Performance Yes Yes
Standard?.
----------------------------------------------------------------------------------------------------------------
For both VOC and NOX in the 2023 analysis year,
Delaware's modeling results indicate that the performance of Delaware
Alternate Low Enhanced I/M program exceeds the applicable Federal Basic
I/M performance standard. Based on the review of Delaware's
documentation included in the I/M Certification SIP, the EPA finds that
Delaware used appropriate methods and input data to perform the I/M
performance standard analyses for the subject area, analyzed an
appropriate evaluation year of 2023,\17\ and included sufficient
documentation to support the results. The EPA finds that the State's
MOVES-based performance standard evaluation results and the previously
noted improvements in Delaware's prior approved I/M SIP submitted in
March 2023 were conducted appropriately.
---------------------------------------------------------------------------
\17\ 2023 is the start of the attaining ozone season. The
attainment date of August 3, 2024, is in the middle of the ozone
season and thus 2023 is the last complete ozone season prior to
attainment. Pursuant to the Modeling and attainment demonstration
requirements of 40 CFR 51.1308, if Delaware were to start a new I/M
program, for attainment purposes, they would need to have it fully
implemented ``no later than the beginning of the attainment year
ozone season.''
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[[Page 24558]]
As noted above, the I/M regulations at 40 CFR 51.372 address I/M
SIP submissions, with paragraphs (a)(1) through (8) outlining the
required elements. Table 5 in this document, summarizes how Delaware
satisfied these requirements.
Table 5--Basic I/M Certification SIP Requirements
----------------------------------------------------------------------------------------------------------------
Required element Element satisfaction
----------------------------------------------------------------------------------------------------------------
40 CFR 51.372(a)(1)...................... A schedule of implementation of the Motor Vehicle Emissions
program including interim milestones Inspection Program; Plan
leading to mandatory testing. for Implementation (PFI)
for 7 DE Admin Code 1126
and 7 DE Admin. Code 1131:
Section 1--Applicability
(c) & Section 2--Low
Enhanced I/M Performance
Standard (b).
40 CFR 51.372(a)(2)...................... An analysis of emission level targets Reviewed and found to
for the program using the most current satisfy the requirement in
EPA mobile source emission model or an section II of this
alternative approved by the document.
Administrator showing that the program
meets the performance standard
described in 40 CFR 51.351 or 51.352 of
this subpart, as applicable;
40 CFR 51.372(a)(3)...................... A description of the geographic coverage Motor Vehicle Emissions
of the program, including ZIP codes if Inspection Program; PFI
the program is not county-wide; for 7 DE Admin Code 1126
and 7 DE Admin. Code 1131:
section 1--Applicability
(a) & (b).
40 CFR 51.372(a)(4)...................... A detailed discussion of each of the Motor Vehicle Emissions
required design elements, including Inspection Program; PFI
provisions for Federal facility for 7 DE Admin Code 1126
compliance; and 7 DE Admin. Code 1131:
section 2--Low Enhanced I/
M Performance Standard.
40 CFR 51.372(a)(5)...................... Legal authority requiring or allowing Motor Vehicle Emissions
implementation of the I/M program and Inspection Program; PFI
providing either broad or specific for 7 DE Admin Code 1126
authority to perform all required and 7 DE Admin. Code 1131:
elements of the program; section 6--Vehicle
coverage & Appendix F.
40 CFR 51.372(a)(6)...................... Legal authority for I/M program Motor Vehicle Emissions
operation until such time as it is no Inspection Program; PFI
longer necessary (i.e., until a Section for 7 DE Admin Code 1126
175 maintenance plan without an I/M and 7 DE Admin. Code 1131:
program is approved by EPA); section 6--Vehicle
coverage & Appendix F.
40 CFR 51.372(a)(7)...................... Implementing regulations, interagency Title DE Code 6701.
agreements, and memoranda of Emissions standards
understanding; and require for inspection and
Section 6708.
Implementation;
Department's standards.
40 CFR 51.372(a)(8)...................... Evidence of adequate funding and Motor Vehicle Emissions
resources to implement all aspects of Inspection PFI for 7 DE
the program. Admin Code 1126 and 7 DE
Admin. Code 1131: Section
4--Adequate tools and
resources.
----------------------------------------------------------------------------------------------------------------
III. EPA's Evaluation
After a review of Delaware's submission, the EPA has determined
that the state's modeling analysis showed that the New Castle County I/
M program was modeled appropriately; modeling inputs accurately
reflected the vehicles subject to I/M testing, and emission reductions
from the State's I/M program were greater than or equal to the I/M
benchmark program for the Basic performance standard pursuant to CAA
section 182(b)(4) and 40 CFR part 51, subpart S. This modeling was
consistent with the most current guidance \18\ at the time of the
State's analysis, and we concur with the State's determination that the
Delaware I/M program for New Castle County (within the 2015 Ozone
Philadelphia NAA) meets the applicable performance standard and
requirements for a Basic I/M program. This is consistent with the EPA's
November 2024 final rule (89 FR 87500, (November 4, 2024) that
determined the same program met the more stringent standard of an
Alternate Low Enhanced I/M program pursuant to 40 CFR 51.351(g) and the
supporting review shows that it meets all applicable requirements for a
Basic I/M program required for a Moderate ozone nonattainment area.
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\18\ See supra note 15.
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IV. Proposed Action
The EPA has evaluated Delaware's Basic I/M Certification SIP
against the applicable procedural and substantive requirements of the
CAA for SIPs and SIP revisions and is proposing that the Delaware
Alternate Low Enhanced I/M Program in New Castle County (within the
2015 Ozone Philadelphia NAA) meets all applicable requirements for a
Basic I/M program, as required for a Moderate nonattainment zone under
the 2015 ozone NAAQS.
The EPA is proposing to approve the vehicle emissions I/M program
certification submitted by Delaware on March 4, 2024 for the New Castle
County Portion of Philadelphia NAA for the 2015 8-hour ozone as
satisfying the applicable CAA requirements. The EPA is soliciting
public comments on the issues discussed in this document. These
comments will be considered before taking final action.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993);
Executive Order 14192 (90 FR 9065, February 6, 2025) does
not apply because SIP actions are exempt from review under Executive
Order 12866;
[[Page 24559]]
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
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, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian Tribe
has demonstrated that a Tribe has jurisdiction. In those areas of
Indian country, the rule does not have Tribal implications and will not
impose substantial direct costs on Tribal governments or preempt Tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, and Volatile organic compounds.
Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
[FR Doc. 2025-10546 Filed 6-10-25; 8:45 am]
BILLING CODE 6560-50-P
