[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: [email protected].
    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 [email protected].

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