[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]
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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.
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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).
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\1\ 80 FR 65292 (October 26, 2015).
\2\ 83 FR 25776 (June 4, 2018).
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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\
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\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).
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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\
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\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.
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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
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Vehicle model
I/M program years tested I/M test performed
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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.
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Vehicle inspections exemption 7 newest model years.
years.
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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.
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\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)
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Delaware's alternate low enhanced I/
I/M program element Basic I/M model program \12\ M program
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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.
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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.
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\13\ Available in the docket for this action as Appendix B,
Performance Standard Modeling Output Analysis of the DE I/M
Certification SIP
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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.
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\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.
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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\
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\16\ 88 FR 62567 (September 12, 2023). See supra note 15.
Table 3--Performance Standard MOVES Inputs and Assumptions Data
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Delaware's basic I/M modeling for
MOVES RunSpec performance standard certification for
New Castle County
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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.
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Traffic Data
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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/.
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[[Page 24557]]
County Database Inputs
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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.
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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.
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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
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NOX (in grams per VOC (in grams per
County I/M program mile) mile)
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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?.
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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.
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\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
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Required element Element satisfaction
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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.
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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 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