[Federal Register Volume 90, Number 184 (Thursday, September 25, 2025)]
[Rules and Regulations]
[Pages 46067-46069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-18626]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2025-0133; FRL-11841-02-R3]
Air Plan Approval; Delaware; Motor Vehicle Inspection and
Maintenance Program Certification
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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[[Page 46068]]
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the State of Delaware.
The 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: This final rule is effective on October 27, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R03-OAR-2025-0133. All documents in the docket are
listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, e.g., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available through www.regulations.gov, or please contact the person
identified in the For Further Information Contact section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: 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 June 11, 2025 (90 FR 24554), the EPA published a notice of
proposed rulemaking (NPRM) for the State of Delaware. In the NPRM, the
EPA proposed approval of a formal SIP revision, ``Basic Performance
Standard Certification for New Castle County Inspection and Maintenance
Program'' (Basic I/M Certification SIP), that was submitted by Delaware
on February 14, 2024. The Basic I/M Certification SIP was submitted to
satisfy the applicable CAA requirements for the New Castle County
portion of the Philadelphia NAA for the 2015 8-hour ozone NAAQS. 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. As noted in the NPRM, that requirement will be addressed at a
later date.
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.\1\ 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.\2\ The Federal
performance standards \3\ 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 determination in lieu of submitting revised
regulations.\4\
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\1\ 87 FR 60897 (October 7, 2022).
\2\ See 40 CFR 51.350(a) for nonattainment area population I/M
criteria applicability.
\3\ 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).
\4\ 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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II. Summary of SIP Revision and EPA's Analysis
Delaware submitted the February 14, 2024, SIP revision to address
this Basic I/M program requirement for the Delaware portion of the 2015
ozone Philadelphia NAA as required for the Moderate classification. Due
to more stringent nonattainment classifications under previous ozone
NAAQS and Delaware's inclusion as part of the Ozone Transport Region
(OTR),\5\ Delaware previously established and continues to implement an
Alternate Low Enhanced I/M program in New Castle County and Kent
County.\6\ The EPA recently approved (via a final rule published
November 4, 2024, 89 FR 87500) updates to Delaware's prior approved I/M
SIP that were submitted in March 2023.\7\ 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. Delaware's
Alternate Low Enhanced I/M program (applicable to the Kent and New
Castle Counties) was originally codified at Delaware Code Title 7,
Regulation 31.\8\
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\5\ 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.
\6\ See 40 CFR 51.351(g) for the Alternate Low Enhanced
Performance Standard.
\7\ 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.
\8\ Recodified by the State as 7 DE Admin. Code 1131 in 2012.
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Pursuant to the February 14, 2024, SIP submittal, the EPA concurs
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. Further details of Delaware's Alternate Low Enhanced I/M
program, the February 14, 2024 SIP submittal, and the rationale for the
EPA's proposed (and now final) action are explained in the NPRM and
will not be restated here.
III. EPA's Response to Comments Received
The EPA's June 11, 2025 NPRM (90 FR 24554) opened a 30-day public
comment period, which closed on July 11, 2025. The EPA received one
anonymous comment that is generally supportive of enforcement and
strengthening of the NAAQS. The comment provides no further
[[Page 46069]]
explanation or context as to the relevancy to this action. Therefore,
the EPA is not responding to this comment.
IV. Final Action
The EPA is approving the Basic I/M Certification SIP submitted by
Delaware on February 14, 2024 for the New Castle County Portion of the
Philadelphia NAA for the 2015 8-hour ozone NAAQS as satisfying the
applicable CAA requirements.
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, the 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);
Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
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).
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 24, 2025. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action 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, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart I--Delaware
0
2. In Sec. 52.420, the table in paragraph (e) is amended by adding the
entry ``Basic vehicle emission inspection and maintenance (I/M) program
requirement certification for the 2015 ozone national ambient air
quality standard'' at the end of the table to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(e) * * *
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State
Name of non-regulatory SIP Applicable submittal EPA approval date Additional
revision geographic area date explanation
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* * * * * * *
Basic vehicle emission inspection Delaware's portion 2/14/2024 9/25/2025, 90 FR Certification that
and maintenance (I/M) program of the Philadelphia- [INSERT Federal Delaware's
requirement certification for Wilmington-Atlantic Register PAGE WHERE previously approved
the 2015 ozone national ambient City, PA-NJ-MD-DE THE DOCUMENT regulation at 7 DE
air quality standard. 2015 ozone NAAQS BEGINS]. 1131 meets the
nonattainment area requirement for a
(i.e., New Castle basic I/M program
County). in a moderate ozone
nonattainment area
in the Philadelphia-
Wilmington-Atlantic
City, PA-NJ-MD-DE
area for the 2015
ozone NAAQS.
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[FR Doc. 2025-18626 Filed 9-24-25; 8:45 am]
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