Approval and Promulgation of Air Quality Implementation Plans; Delaware; Low Emission Vehicle Program

Approval and Promulgation of Air Quality Implementation Plans; Delaware; Low Emission Vehicle Program

Approval and Promulgation of Air Quality Implementation Plans; Delaware; Low Emission Vehicle Program

Shawn M. Garvin
Environmental Protection Agency
October 14, 2015

[Federal Register Volume 80, Number 198 (Wednesday, October 14, 2015)]
[Rules and Regulations]
[Pages 61752-61757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25954]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0479; FRL-9935-58-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Low Emission Vehicle Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a revision to the Delaware State Implementation
Plan (SIP). The SIP revision pertains to adoption by Delaware of a Low
Emission Vehicle (LEV) Program. The Clean Air Act (CAA) grants
authority to EPA to adopt Federal standards for emissions from new
motor vehicles, and generally preempts states from doing so. However,
the CAA grants California authority to adopt its own motor vehicle
standards, as long as EPA approves California's program via a
preemption waiver. The CAA also allows other states to then adopt
California's vehicle standards for which EPA has granted such a waiver,
provided the state's standards are identical to California's standards
and the state adopts the standards at least two years prior to their
commencement. Delaware adopted California emission standards for
passenger cars and trucks, and medium-duty passenger and other medium-
duty vehicles in 2010, effective beginning with new vehicles sold in
model year 2014. Delaware amended its LEV program regulation in 2013 to
incorporate California's most recent LEV regulatory updates to its
program. It is this program that Delaware submitted to EPA in August
2014 for inclusion into Delaware's SIP and which is the subject of this
rulemaking action. The purpose of this SIP revision is to reduce
vehicle emissions that contribute to formation

[[Page 61753]]

of ground level ozone, fine particulate matter, and greenhouse gas
(GHG) emissions. EPA is approving Delaware's LEV SIP revision as part
of the Delaware SIP in accordance with the requirements of the CAA.

DATES: This rule is effective on December 14, 2015 without further
notice, unless EPA receives adverse written comment by November 13,
2015. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2015-0479 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2014-0479, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2015-0479. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI, or otherwise protected, through www.regulations.gov or email.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Delaware Department of Natural Resources and
Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware
19903.

FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by
email at rehn.brian@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
A. What action is EPA taking?
B. Delaware's Air Quality With Respect to the Federal National
Ambient Air Quality Standards (NAAQS) for Ozone
1. Delaware Ozone Nonattainment
2. Delaware PM2.5 Nonattainment
C. Federal Motor Vehicle Emission Standards
D. California LEV Program
E. Delaware LEV Program
II. Summary of August 2014 Delaware LEV SIP Revision
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

A. What action is EPA taking?

EPA is taking direct final rulemaking action to approve a SIP
revision submitted by Delaware to EPA on August 28, 2014, requesting
the inclusion of the state's adopted and implemented California LEV
standards as part of the Delaware SIP. A description of the direct
final rulemaking process being used by EPA to approve Delaware's SIP
revision is described in section III of this rulemaking action.
Delaware's LEV standards are applicable to subject, new motor vehicles
sold or titled in Delaware beginning with model year 2014. Subject
vehicles include passenger cars, light-duty trucks, medium-duty
vehicles and medium-duty trucks. Delaware first adopted California LEV
standards as state regulation (7 Admin. Code 1140) in 2010, effective
with the sale and titling of new vehicles beginning in model year 2014.
However, Delaware did not submit a request to EPA to incorporate that
version of the program as a SIP revision. Instead, Delaware revised its
Regulation 1140 in 2013 to incorporate California's most recent version
of its LEV program, otherwise known as the Advanced Clean Car Program.
Delaware formally submitted a SIP submittal to EPA on August 20, 2014
requesting EPA to incorporate this 2013 version of its LEV program rule
for inclusion in the SIP. Further detail on Delaware's LEV program is
provided below in subsection C. of this Background section.

B. Delaware's Air Quality With Respect to the Federal National Ambient
Air Quality Standards (NAAQS) for Ozone

1. Delaware Ozone Nonattainment
The CAA, as amended in 1990, requires EPA to set NAAQS for ambient
air pollutants considered harmful to public health and the environment.
EPA establishes NAAQS for six principal air pollutants, or ``criteria''
pollutants, which include: Ozone, carbon monoxide (CO), lead, nitrogen
dioxide, fine particulate matter (PM2.5), and sulfur dioxide
(SO2). The CAA establishes two types of NAAQS. Primary
standards provide public health protection, including protecting the
health of ``sensitive'' populations such as asthmatics, children, and
the elderly. Secondary standards protect public welfare, including
protection against decreased visibility and damage to animals, crops,
vegetation, and buildings. The CAA also requires EPA to periodically
review the standards to ensure that they provide adequate health and
environmental protection, and to update those standards as necessary.
Ozone is formed in the atmosphere by photochemical reactions
between ozone precursor pollutants, including volatile organic
compounds (VOCs) and nitrogen oxides (NOX) in the presence
of sunlight. In order to reduce ozone concentrations in the ambient
air, the CAA directs areas designated as nonattainment to apply
controls on VOC and NOX emission sources to reduce the
formation of ozone.

[[Page 61754]]

EPA has revised the ozone NAAQS and designated and classified areas
under those revised NAAQS several times since the CAA was reauthorized
in 1990. For each revised ozone NAAQS, Delaware has had areas
designated as nonattainment for the pollutant ozone.
On November 6, 1991 (56 FR 56694), EPA designated Kent and New
Castle Counties as severe nonattainment under the 1-hour ozone NAAQS,
as part of the Philadelphia-Wilmington-Trenton, PA-DE-NJ ozone
nonattainment area, with Sussex County designated as a separate,
marginal 1-hour ozone nonattainment area. Both areas were found to have
attained the 1-hour ozone standard by their respective attainment
dates, although neither area was formally redesignated to attainment.
EPA later revoked the 1-hour ozone NAAQS effective June 15, 2005.
On April 30, 2004 (84 FR 23857), EPA designated all three Delaware
counties as moderate nonattainment under the 1997 8-hour ozone NAAQS,
as part of the Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE
nonattainment area. EPA granted the area a 1-year extension of its
attainment date (from 2010 to 2011) on January 21, 2011 (76 FR 3840).
On March 26, 2012, EPA determined that the area had attained the 8-hour
ozone NAAQS by its attainment date and also that it qualified for a
clean data determination, which suspended most CAA air quality planning
requirements based on air quality monitoring data showing that the area
met the NAAQS for the most recent three prior years. Once again, the
area was never formally redesignated to attainment prior to EPA's
revocation of the 1997 8-hour NAAQS on March 6, 2015 (44 FR 12264),
effective April 6, 2015.
Most recently, EPA revised the 8-hour ozone NAAQS from 0.08 parts
per million (ppm) to 0.075 ppm on March 27, 2008 (73 FR 16436). On May
21, 2012 (77 FR 30088), EPA finalized designations for this 2008 8-hour
ozone NAAQS, with New Castle County designated marginal nonattainment
as part of the Philadelphia-Wilmington-Atlantic City nonattainment
area, and Sussex County once again designated marginal nonattainment as
the separate Seaford, DE area.
On August 27, 2015, EPA published a Federal Register document (80
FR 51992) proposing to find that the Seaford, DE area had attained the
2008 8-hour ozone NAAQS by the marginal area attainment deadline of
July 20, 2015, based on complete, quality-assured and certified ozone
monitoring data for the period 2012-2014. In that same action, EPA
proposed to find that the Philadelphia-Wilmington-Atlantic City, PA-NJ-
DE-MD marginal area meets the criteria, as provided in CAA section
181(a)(5) and interpreted by regulation at 40 CFR 51.1107, to qualify
for a 1-year attainment date extension for the 2008 8-hour ozone NAAQS.
2. Delaware PM2.5 Nonattainment
PM2.5 can be emitted directly or formed secondarily in
the atmosphere. The main precursors of secondary PM2.5 are
SO2, NOX, ammonia, and VOCs. Sulfates are a type
of secondary particle formed from SO2 emissions of power
plants and industrial facilities. Nitrates, another common type of
secondary particle, are formed from NOX emissions of power
plants, automobiles, and other combustion sources.
On July 18, 1997, EPA promulgated the first air quality standards
for PM2.5 (62 FR 38652). EPA promulgated primary and
secondary annual standards at a level of 15 micrograms per cubic meter
([mu]g/m\3\), based on a 3-year average of annual mean PM2.5
concentrations. In the same rulemaking, EPA promulgated primary and
secondary 24-hour standards of 65 [mu]g/m\3\, based on a 3-year average
of the 98th percentile of 24-hour concentrations. On October 17, 2006
(71 FR 61144), EPA once again revised the PM2.5 NAAQS,
retaining the annual average NAAQS at 15 [mu]g/m\3\ but revising the
24-hour NAAQS to 35 [mu]g/m\3\, based again on the 3-year average of
the 98th percentile of 24-hour concentrations. As established by EPA
regulation at 40 CFR part 50, the primary and secondary 1997 Annual
PM2.5 NAAQS are attained when the annual arithmetic mean
concentration, as determined in accordance with 40 CFR part 50,
appendix N, is less than or equal to 15.0 [mu]g/m\3\ at all relevant
monitoring sites in the subject area over a 3-year period.
Under the revised particulate matter NAAQS promulgated by EPA since
1990, Delaware's New Castle County has been designated nonattainment
for both the 24-hour and annual PM2.5 NAAQS on a number of
occasions. On January 5, 2005 (70 FR 944), and supplemented on April
14, 2005 (71 FR 19844), EPA designated New Castle County nonattainment
for the annual 1997 PM2.5 NAAQS as part of the Philadelphia-
Wilmington, PA-NJ-DE nonattainment area. On November 13, 2009 (74 FR
58688), EPA promulgated designations for the 24-hour PM2.5
NAAQS established in 2006, designating New Castle County nonattainment
as part of the Philadelphia-Wilmington, PA-NJ-DE nonattainment area.
EPA did not promulgate designations for the 2006 Annual
PM2.5 NAAQS because that NAAQS was essentially identical to
the 1997 Annual PM2.5 NAAQS. The November 13, 2009 action
clarified that all counties in Delaware were designated unclassifiable/
attainment for the 1997 24-hour PM2.5 NAAQS through the
designations promulgated on January 5, 2005. EPA has since redesignated
Delaware's portion of the Philadelphia-Wilmington, PA-NJ-DE
nonattainment area as attainment with both the 1997 and 2006
PM2.5 NAAQS. See 79 FR 45350, (August 5, 2014).
On January 15, 2013, EPA promulgated a revised primary annual
PM2.5 NAAQS (78 FR 3086), strengthening the standard from 15
[mu]g/m\3\ to 12 [mu]g/m\3\. Nonattainment area designations for the
2012 primary annual PM2.5 standard were published on January
15, 2015 (80 FR 2206), with all counties in Delaware classified as
unclassifiable/attainment.

C. Federal Motor Vehicle Emission Standards

To reduce air pollution from motor vehicles, which contributes to
higher levels of ambient air pollution such as ozone and
PM2.5, motor vehicles sold in the United States are required
by the CAA to be certified to meet Federal motor vehicle emission
standards. States are generally prohibited from adopting vehicle
standards, except for California, which, having regulated vehicle
emission prior to passage of the CAA in 1970, was granted an exception
by the CAA to continue to issue its own vehicle emission standards.
Section 209 of the CAA requires that California must demonstrate to EPA
that its newly adopted standards will be ``. . . in the aggregate, at
least as protective of public health and welfare as applicable Federal
standards.''
The CAA also authorizes other states to adopt California emission
standards for which EPA has granted California such a waiver of
preemption. Under section 177 of the CAA, states are authorized to
adopt California's standards in lieu of Federal vehicle standards,
provided they do so with at least two model years lead time prior to
the effective date of the standards, provided that EPA has issued a
waiver of preemption to California for such standards.
EPA has adopted several iterations, or ``tiers,'' of Federal
emissions standards since the CAA was reauthorized in 1990. When
Delaware first state-adopted California's LEV standards in 2010, the
Federal vehicle emission standards in effect were Tier 2 standards,
which were adopted by EPA on February 10, 2000

[[Page 61755]]

(65 FR 6698) and implemented beginning with 2004 model year vehicles.
These Federal Tier 2 standards set tailpipe emissions standards for
passenger vehicles and light-duty trucks and also limited gasoline
sulfur levels. The Federal Tier 3 program set more stringent vehicle
emissions standards and further limited allowable sulfur content of
gasoline for new cars, beginning in 2017. EPA attempted to closely
harmonize the Tier 3 standards with California's most current LEV
Program. EPA finalized the Tier 3 vehicle and fuel standards on April
28, 2014 (79 FR 23414).
On May 7, 2010 (75 FR 25324), EPA and the U.S. Department of
Transportation's National Highway Traffic Safety Administration (NHTSA)
jointly established a national program consisting of new standards for
light-duty motor vehicles to reduce GHG emissions and to improve fuel
economy. This program affected new passenger cars, light-duty trucks,
and medium-duty passenger vehicles sold in model years 2012 through
2016. On October 15, 2012 (77 FR 62624), EPA and NHTSA issued another
joint rule to further tighten GHG emission standards for model years
2017 through 2025. The Federal GHG standards were harmonized with
similar GHG standards set by California, to ensure that automobile
manufacturers would face a single set of national emissions standards
to meet both Federal and California emissions requirements.

D. California LEV Program

In 1990, California's Air Resources Board (CARB) adopted LEV
standards applicable to light- and medium-duty vehicles and phased-in
beginning with model year 1994 vehicles. In 1999, California adopted a
second generation of LEV standards, known as LEV II, which were phased-
in beginning model year 2004 through model year 2010. EPA waived
Federal preemption for California's LEV II program on April 22, 2003
(68 FR 19811).
This LEV II program reduced emissions in a similar manner to the
Federal Tier 2 program by use of declining fleet average non-methane
organic gas (NMOG) emission standards, applicable to each vehicle
manufacturer each year. Separate fleet average standards were not
established for NOX, CO, PM, or formaldehyde as these
emissions are controlled as a co-benefit of the NMOG fleet average
(fleet average values for these pollutants are set by the certification
standards for each set of California prescribed certification
standards.) These allowable sets of standards ranged from LEV standards
(the least stringent standard set) to Zero Emission Vehicle (ZEV)
standards (the most stringent standard set). California's LEV II
program established various other standards: The Ultra-Low Emission
Vehicles (ULEV), Super-Ultra Low Emission Vehicles (SULEV), Partial
Zero Emission Vehicles (PZEV), and Advanced Technology-Partial Zero
Emission Vehicles (AT-PZEV). Each manufacturer complied by
demonstrating that its own sales-weighted average of these respective
categories of standards fell below overall program standards.
In January 2012, California approved a new LEV program for model
years 2017 through 2025, called the Advanced Clean Cars Program, or the
LEV III program. The program combines control of smog, soot, and GHG
emissions with requirements for greater numbers of ZEV vehicles into a
single program. LEV III regulations apply to light-duty vehicles,
light-duty trucks, and medium-duty passenger vehicles. The program was
phased in beginning with vehicles certified in model year 2015, with
all vehicles meeting LEV III standards by model year 2020. Amendments
to California's ZEV requirements added flexibility to California's
existing ZEV program for 2017 and earlier model years, and establish
new sales and technology requirements starting with the 2018 model
year. The LEV III amendments establish more stringent criteria and GHG
emission standards starting with the 2015 and 2017 model years,
respectively. The California GHG standards are almost identical in
stringency and structure to the Federal GHG standards for model years
from 2017 to 2025. Additionally, on December 2012, California adopted a
``deemed to comply'' regulation that enables manufacturers to show
compliance with California GHG standards by demonstrating compliance
with Federal GHG standards. On June 9, 2013 (78 FR 2112), EPA granted a
Federal preemption waiver for California's Advanced Clean Cars Program.
California's LEV III program rules are codified in Title 13 of the
California Code of Regulations (CCR), under Division 3.

E. Delaware LEV Program

Delaware first adopted California's LEV II program via a Delaware
LEV program regulation (7 DE Admin Code 1140) adopted on November 9,
2010, effective with 2014 and newer model year passenger cars and
trucks and medium-duty vehicles titled in Delaware. Prior to that,
Delaware participated in the National Low Emission Vehicle (NLEV)
program--a voluntary, nationwide clean car program promulgated by EPA,
in conjunction with auto manufacturers and states, which allowed for
more stringent vehicle standards than prescribed by Federal law.
However, the program expired with the promulgation by EPA of more
stringent Tier II motor vehicle standards, which were sold beginning in
model year 2004. Therefore, the Delaware LEV program effectively
superseded Federal Tier 2 vehicle standards beginning with model year
2014. However, Delaware did not submit the 2010 version of its LEV
program rule (7 DE Admin. Code 1140) to EPA as a SIP revision request
to EPA at that time, and the SIP was not amended at that time to
replace the defunct NLEV program with the Delaware LEV program.

II. Summary of August 2014 Delaware LEV SIP Revision

On August 20, 2014, Delaware submitted a SIP submittal requesting
that EPA amend the Delaware SIP to incorporate the state's LEV program.
Delaware adopted revisions to its Delaware LEV program, which was
originally adopted in December of 2010, on November 15, 2013 and
published the revised regulation in the Delaware Register of
Regulations on December 1, 2013 (effective December 11, 2013). This
revised version of Regulation 1140 serves to incorporate by reference
California's more recent LEV III standards and GHG standards applicable
to model year 2015 to 2025 LEV-subject vehicles. At the same time,
Delaware rescinded requirements that could prospectively and
automatically force incorporation of future California LEV rule changes
to Delaware's LEV program, without being subject to rulemaking under
Delaware's regulatory process.
EPA is incorporating by reference Delaware's entire Regulation 1140
Delaware Low Emission Vehicle Program (7 DE Admin. Code 1140, effective
date December 11, 2013). Section 10.0 of Regulation 1140 lists the
applicable sections of Title 13 of the California Code of Regulations
that comprise California's LEV III program which Delaware has
incorporated by reference as part of state adoption process of
Delaware's LEV program. Future changes made by California to its LEV
program will require additional regulatory action on the part of
Delaware and a SIP revision request to EPA to amend the Delaware SIP,
in the event that Delaware wishes to include such changes to its
program.

[[Page 61756]]

Since Delaware's LEV program Regulation 1140 is codified in the
same regulatory section as the prior Delaware NLEV program, the action
to approve Delaware's request to revise the SIP to incorporate the LEV
program for the first time will have the effect of superseding the
prior SIP-approved, defunct NLEV program in the Delaware SIP. See 62 FR
72564, (December 28, 1999). Thus, this action also removes Delaware's
prior approved NLEV rule from the SIP and replaces it with the most
recently amended version of Regulation 1140, state effective December
11, 2013.

III. Final Action

EPA is approving Delaware's August 20, 2014 SIP submittal
pertaining to adoption by Delaware of a LEV program as a revision to
the Delaware SIP. The CAA authorizes states to adopt California's
vehicle standards for which EPA has granted California a waiver of
preemption from Federal vehicle standards that would otherwise apply.
In this case, Delaware has already adopted California LEV III emission
standards and has begun implementing the program. EPA is publishing
this rule without prior proposal because EPA views this as a
noncontroversial amendment and anticipates no adverse comment. However,
in the ``Proposed Rules'' section of this Federal Register, EPA is
publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed. This rule will
be effective on December 14, 2015 without further notice unless EPA
receives adverse comment by November 13, 2015. If EPA receives adverse
comment, EPA will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. EPA will
address all public comments in a subsequent final rule based on the
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

IV. Incorporation by Reference

In this rulemaking action, the EPA is finalizing regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is incorporating by reference
Delaware's LEV Program codified at 7 DE Admin. Code 1140 (effective
date of December 11, 2013) to 40 CFR part 52 set forth below.
The EPA has made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the appropriate EPA office (see the ADDRESSES section
of this preamble for more information).

V. 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 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);
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);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule 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.

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 December 14, 2015. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking action. This action to approve Delaware's LEV Program SIP
revision request 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,

[[Page 61757]]

Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Volatile organic
compounds.

Dated: September 29, 2015.
Shawn M. Garvin,
Regional Administrator, Region III.
40 CFR part 52 is amended 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. In Sec. 52.420, the table in paragraph (c) is amended by:
0
a. Removing the heading ``1140 Delaware's National Low Emission Vehicle
(NLEV)'' and adding in its place ``1140 Delaware Low Emission Vehicle
Program.''
0
b. Revising the entries under heading number 1140 for Sections 1.0.,
2.0 and 3.0; and
0
c. Adding entries under heading number 1140 for Sections 4.0, 5.0, 6.0,
7.0, 8.0, 9.0, 10.0, 11.0, and 12.0.
The revisions and additions read as follows:

Sec. 52.420 Identification of plan.

* * * * *
(c) * * *

EPA-Approved Regulations and Statutes in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
State effective Additional
State regulation (7 DNREC 1100) Title/subject date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Section 1.0........................... Purpose............. 12/11/13 10/14/15[Insert
Federal Register
citation].
Section 2.0........................... Applicability....... 12/11/13 10/14/15[Insert
Federal Register
citation].
Section 3.0........................... Definitions......... 12/11/13 10/14/15[Insert
Federal Register
citation].
Section 4.0........................... Emission 12/11/13 10/14/15[Insert
Certification Federal Register
Standards. citation].
Section 5.0........................... New Vehicle Emission 12/11/13 10/14/15[Insert
Requirements. Federal Register
citation].
Section 6.0........................... Manufacturer Fleet 12/11/13 10/14/15[Insert
Requirements. Federal Register
citation].
Section 7.0........................... Warranty............ 12/11/13 10/14/15[Insert
Federal Register
citation].
Section 8.0........................... Reporting and Record- 12/11/13 10/14/15[Insert
Keeping Federal Register
Requirements. citation].
Section 9.0........................... Enforcement......... 12/11/13 10/14/15[Insert
Federal Register
citation].
Section 10.0.......................... Incorporation by 12/11/13 10/14/15[Insert
Reference. Federal Register
citation].
Section 11.0.......................... Document 12/11/13 10/14/15[Insert
Availability. Federal Register
citation].
Section 12.0.......................... Severability........ 12/11/13 10/14/15[Insert
Federal Register
citation].

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[FR Doc. 2015-25954 Filed 10-13-15; 8:45 am]
BILLING CODE 6560-50-P