80 FR 61752 - Approval and Promulgation of Air Quality Implementation Plans; Delaware; Low Emission Vehicle Program

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 198 (October 14, 2015)

Page Range		61752-61757
FR Document		2015-25954

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 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.

Federal Register, Volume 80 Issue 198 (Wednesday, October 14, 2015)

[Federal Register Volume 80, Number 198 (Wednesday, October 14, 2015)]
[Rules and Regulations]
[Pages 61752-61757]
From the Federal Register Online [www.thefederalregister.org]
[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].

* * * * * * *
----------------------------------------------------------------------------------------------------------------

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

61752 Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Rules and Regulations

affect small governments, as described governments or preempt tribal law as such rule or action. This action may not
in the Unfunded Mandates Reform Act specified by Executive Order 13175 (65 be challenged later in proceedings to
of 1995 (Pub. L. 104–4); FR 67249, November 9, 2000). enforce its requirements. (See section
• Does not have Federalism The Congressional Review Act, 5 307(b)(2).)
implications as specified in Executive U.S.C. 801 et seq., as added by the Small
Order 13132 (64 FR 43255, August 10, List of Subjects in 40 CFR Part 52
Business Regulatory Enforcement
1999); Environmental protection, Air
Fairness Act of 1996, generally provides
• Is not an economically significant pollution control, Incorporation by
that before a rule may take effect, the
regulatory action based on health or reference, Intergovernmental relations,
agency promulgating the rule must
safety risks subject to Executive Order Sulfur dioxide, Reporting and
submit a rule report, which includes a
13045 (62 FR 19885, April 23, 1997); recordkeeping requirements.
• Is not a significant regulatory action copy of the rule, to each House of the
subject to Executive Order 13211 (66 FR Congress and to the Comptroller General Dated: September 29, 2015.
28355, May 22, 2001); of the United States. EPA will submit a Ron Curry,
• Is not subject to requirements of report containing this action and other Regional Administrator, Region 6.
section 12(d) of the National required information to the U.S. Senate,
the U.S. House of Representatives, and 40 CFR part 52 is amended as follows:
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because the Comptroller General of the United PART 52—APPROVAL AND
application of those requirements would States prior to publication of the rule in PROMULGATION OF
be inconsistent with the Clean Air Act; the Federal Register. A major rule IMPLEMENTATION PLANS
and cannot take effect until 60 days after it
• Does not provide EPA with the is published in the Federal Register. ■ 1. The authority citation for part 52
discretionary authority to address, as This action is not a ‘‘major rule’’ as continues to read as follows:
appropriate, disproportionate human defined by 5 U.S.C. 804(2).
Authority: 42 U.S.C. 7401 et seq.
health or environmental effects, using Under section 307(b)(1) of the CAA,
practicable and legally permissible petitions for judicial review of this Subpart GG—New Mexico
methods, under Executive Order 12898 action must be filed in the United States
(59 FR 7629, February 16, 1994). Court of Appeals for the appropriate ■ 2. In § 52.1620, the second table in
In addition, the SIP is not approved circuit by December 14, 2015. Filing a paragraph (e) is amended by adding the
to apply on any Indian reservation land petition for reconsideration by the entry ‘‘Infrastructure for the 2010 SO2
or in any other area where EPA or an Administrator of this final rule does not NAAQS’’ at the end of the table to read
Indian tribe has demonstrated that a affect the finality of this action for the as follows:
tribe has jurisdiction. In those areas of purposed of judicial review nor does it
Indian country, the rule does not have extend the time within which a petition § 52.1620 Identification of plan.
tribal implications and will not impose for judicial review may be filed, and * * * * *
substantial direct costs on tribal shall not postpone the effectiveness of (e) * * *
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP
State
Applicable
Name of SIP submittal/
geographic or EPA approval date Explanation
provision effective
nonattainment area date

* * * * * * *
Infrastructure for the 2010 Statewide, except for 2/14/2014 10/14/2015 [insert Federal Does not address CAA
SO2 NAAQS. Bernalillo County and In- Register citation]. 110(a)(2)(D)(i)(I).
dian country.

[FR Doc. 2015–25968 Filed 10–13–15; 8:45 am] SUMMARY: The Environmental Protection standards are identical to California’s
BILLING CODE 6560–50–P Agency (EPA) is taking direct final standards and the state adopts the
action to approve a revision to the standards at least two years prior to
Delaware State Implementation Plan their commencement. Delaware adopted
ENVIRONMENTAL PROTECTION (SIP). The SIP revision pertains to California emission standards for
AGENCY adoption by Delaware of a Low passenger cars and trucks, and medium-
Emission Vehicle (LEV) Program. The duty passenger and other medium-duty
40 CFR Part 52 Clean Air Act (CAA) grants authority to vehicles in 2010, effective beginning
[EPA–R03–OAR–2015–0479; FRL–9935–58– EPA to adopt Federal standards for with new vehicles sold in model year
Region 3] emissions from new motor vehicles, and 2014. Delaware amended its LEV
generally preempts states from doing so. program regulation in 2013 to
Approval and Promulgation of Air However, the CAA grants California incorporate California’s most recent LEV
Quality Implementation Plans; authority to adopt its own motor vehicle regulatory updates to its program. It is
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Delaware; Low Emission Vehicle standards, as long as EPA approves this program that Delaware submitted to
Program California’s program via a preemption EPA in August 2014 for inclusion into
AGENCY: Environmental Protection waiver. The CAA also allows other Delaware’s SIP and which is the subject
Agency (EPA). states to then adopt California’s vehicle of this rulemaking action. The purpose
standards for which EPA has granted of this SIP revision is to reduce vehicle
ACTION: Direct final rule.
such a waiver, provided the state’s emissions that contribute to formation

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Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Rules and Regulations 61753

of ground level ozone, fine particulate you submit. If EPA cannot read your motor vehicles sold or titled in
matter, and greenhouse gas (GHG) comment due to technical difficulties Delaware beginning with model year
emissions. EPA is approving Delaware’s and cannot contact you for clarification, 2014. Subject vehicles include
LEV SIP revision as part of the Delaware EPA may not be able to consider your passenger cars, light-duty trucks,
SIP in accordance with the requirements comment. Electronic files should avoid medium-duty vehicles and medium-
of the CAA. the use of special characters, any form duty trucks. Delaware first adopted
DATES: This rule is effective on of encryption, and be free of any defects California LEV standards as state
December 14, 2015 without further or viruses. regulation (7 Admin. Code 1140) in
notice, unless EPA receives adverse Docket: All documents in the 2010, effective with the sale and titling
written comment by November 13, electronic docket are listed in the of new vehicles beginning in model year
2015. If EPA receives such comments, it www.regulations.gov index. Although 2014. However, Delaware did not
will publish a timely withdrawal of the listed in the index, some information is submit a request to EPA to incorporate
direct final rule in the Federal Register not publicly available, i.e., CBI or other that version of the program as a SIP
and inform the public that the rule will information whose disclosure is revision. Instead, Delaware revised its
not take effect. restricted by statute. Certain other Regulation 1140 in 2013 to incorporate
ADDRESSES: Submit your comments, material, such as copyrighted material, California’s most recent version of its
identified by Docket ID Number EPA– is not placed on the Internet and will be LEV program, otherwise known as the
R03–OAR–2015–0479 by one of the publicly available only in hard copy Advanced Clean Car Program. Delaware
following methods: form. Publicly available docket formally submitted a SIP submittal to
A. www.regulations.gov. Follow the materials are available either EPA on August 20, 2014 requesting EPA
on-line instructions for submitting electronically in www.regulations.gov or to incorporate this 2013 version of its
comments. in hard copy during normal business LEV program rule for inclusion in the
B. Email: fernandez.cristina@epa.gov. hours at the Air Protection Division, SIP. Further detail on Delaware’s LEV
C. Mail: EPA–R03–OAR–2014–0479, U.S. Environmental Protection Agency, program is provided below in
Cristina Fernandez, Associate Director, Region III, 1650 Arch Street, subsection C. of this Background
Office of Air Program Planning, Philadelphia, Pennsylvania 19103. section.
Mailcode 3AP30, U.S. Environmental Copies of the State submittal are
available at the Delaware Department of B. Delaware’s Air Quality With Respect
Protection Agency, Region III, 1650 to the Federal National Ambient Air
Arch Street, Philadelphia, Pennsylvania Natural Resources and Environmental
Control, 89 Kings Highway, P.O. Box Quality Standards (NAAQS) for Ozone
19103.
D. Hand Delivery: At the previously- 1401, Dover, Delaware 19903. 1. Delaware Ozone Nonattainment
listed EPA Region III address. Such FOR FURTHER INFORMATION CONTACT:
deliveries are only accepted during the Brian Rehn, (215) 814–2176, or by email The CAA, as amended in 1990,
Docket’s normal hours of operation, and at rehn.brian@epa.gov. requires EPA to set NAAQS for ambient
special arrangements should be made air pollutants considered harmful to
SUPPLEMENTARY INFORMATION:
for deliveries of boxed information. public health and the environment. EPA
Instructions: Direct your comments to Table of Contents establishes NAAQS for six principal air
Docket ID No. EPA–R03–OAR–2015– I. Background
pollutants, or ‘‘criteria’’ pollutants,
0479. EPA’s policy is that all comments A. What action is EPA taking? which include: Ozone, carbon
received will be included in the public B. Delaware’s Air Quality With Respect to monoxide (CO), lead, nitrogen dioxide,
docket without change, and may be the Federal National Ambient Air fine particulate matter (PM2.5), and
made available online at Quality Standards (NAAQS) for Ozone sulfur dioxide (SO2). The CAA
www.regulations.gov, including any 1. Delaware Ozone Nonattainment establishes two types of NAAQS.
2. Delaware PM2.5 Nonattainment Primary standards provide public health
personal information provided, unless C. Federal Motor Vehicle Emission
the comment includes information protection, including protecting the
Standards health of ‘‘sensitive’’ populations such
claimed to be Confidential Business D. California LEV Program
Information (CBI) or other information E. Delaware LEV Program
as asthmatics, children, and the elderly.
whose disclosure is restricted by statute. II. Summary of August 2014 Delaware LEV Secondary standards protect public
Do not submit information that you SIP Revision welfare, including protection against
consider to be CBI, or otherwise III. Final Action decreased visibility and damage to
protected, through www.regulations.gov IV. Incorporation by Reference animals, crops, vegetation, and
or email. The www.regulations.gov Web V. Statutory and Executive Order Reviews buildings. The CAA also requires EPA
site is an ‘‘anonymous access’’ system, I. Background to periodically review the standards to
which means EPA will not know your ensure that they provide adequate
identity or contact information unless A. What action is EPA taking? health and environmental protection,
you provide it in the body of your EPA is taking direct final rulemaking and to update those standards as
comment. If you send an email action to approve a SIP revision necessary.
comment directly to EPA without going submitted by Delaware to EPA on Ozone is formed in the atmosphere by
through www.regulations.gov, your August 28, 2014, requesting the photochemical reactions between ozone
email address will be automatically inclusion of the state’s adopted and precursor pollutants, including volatile
captured and included as part of the implemented California LEV standards organic compounds (VOCs) and
comment that is placed in the public as part of the Delaware SIP. A nitrogen oxides (NOX) in the presence of
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docket and made available on the description of the direct final sunlight. In order to reduce ozone
Internet. If you submit an electronic rulemaking process being used by EPA concentrations in the ambient air, the
comment, EPA recommends that you to approve Delaware’s SIP revision is CAA directs areas designated as
include your name and other contact described in section III of this nonattainment to apply controls on VOC
information in the body of your rulemaking action. Delaware’s LEV and NOX emission sources to reduce the
comment and with any disk or CD–ROM standards are applicable to subject, new formation of ozone.

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61754 Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Rules and Regulations

EPA has revised the ozone NAAQS the Philadelphia-Wilmington-Atlantic promulgate designations for the 2006
and designated and classified areas City, PA-NJ-DE-MD marginal area meets Annual PM2.5 NAAQS because that
under those revised NAAQS several the criteria, as provided in CAA section NAAQS was essentially identical to the
times since the CAA was reauthorized 181(a)(5) and interpreted by regulation 1997 Annual PM2.5 NAAQS. The
in 1990. For each revised ozone at 40 CFR 51.1107, to qualify for a 1- November 13, 2009 action clarified that
NAAQS, Delaware has had areas year attainment date extension for the all counties in Delaware were
designated as nonattainment for the 2008 8-hour ozone NAAQS. designated unclassifiable/attainment for
pollutant ozone. the 1997 24-hour PM2.5 NAAQS through
On November 6, 1991 (56 FR 56694), 2. Delaware PM2.5 Nonattainment
the designations promulgated on
EPA designated Kent and New Castle PM2.5 can be emitted directly or January 5, 2005. EPA has since
Counties as severe nonattainment under formed secondarily in the atmosphere. redesignated Delaware’s portion of the
the 1-hour ozone NAAQS, as part of the The main precursors of secondary PM2.5 Philadelphia-Wilmington, PA-NJ-DE
Philadelphia-Wilmington-Trenton, PA- are SO2, NOX, ammonia, and VOCs. nonattainment area as attainment with
DE-NJ ozone nonattainment area, with Sulfates are a type of secondary particle both the 1997 and 2006 PM2.5 NAAQS.
Sussex County designated as a separate, formed from SO2 emissions of power See 79 FR 45350, (August 5, 2014).
marginal 1-hour ozone nonattainment plants and industrial facilities. Nitrates, On January 15, 2013, EPA
area. Both areas were found to have another common type of secondary promulgated a revised primary annual
attained the 1-hour ozone standard by particle, are formed from NOX emissions PM2.5 NAAQS (78 FR 3086),
their respective attainment dates, of power plants, automobiles, and other strengthening the standard from 15 mg/
although neither area was formally combustion sources. m3 to 12 mg/m3. Nonattainment area
redesignated to attainment. EPA later On July 18, 1997, EPA promulgated designations for the 2012 primary
revoked the 1-hour ozone NAAQS the first air quality standards for PM2.5 annual PM2.5 standard were published
effective June 15, 2005. (62 FR 38652). EPA promulgated on January 15, 2015 (80 FR 2206), with
On April 30, 2004 (84 FR 23857), EPA primary and secondary annual all counties in Delaware classified as
designated all three Delaware counties standards at a level of 15 micrograms unclassifiable/attainment.
as moderate nonattainment under the per cubic meter (mg/m3), based on a 3-
1997 8-hour ozone NAAQS, as part of year average of annual mean PM2.5 C. Federal Motor Vehicle Emission
the Philadelphia-Wilmington-Atlantic concentrations. In the same rulemaking, Standards
City, PA-NJ-MD-DE nonattainment area. EPA promulgated primary and To reduce air pollution from motor
EPA granted the area a 1-year extension secondary 24-hour standards of 65 mg/ vehicles, which contributes to higher
of its attainment date (from 2010 to m3, based on a 3-year average of the levels of ambient air pollution such as
2011) on January 21, 2011 (76 FR 3840). 98th percentile of 24-hour ozone and PM2.5, motor vehicles sold in
On March 26, 2012, EPA determined concentrations. On October 17, 2006 (71 the United States are required by the
that the area had attained the 8-hour FR 61144), EPA once again revised the CAA to be certified to meet Federal
ozone NAAQS by its attainment date PM2.5 NAAQS, retaining the annual motor vehicle emission standards.
and also that it qualified for a clean data average NAAQS at 15 mg/m3 but States are generally prohibited from
determination, which suspended most revising the 24-hour NAAQS to 35 mg/ adopting vehicle standards, except for
CAA air quality planning requirements m3, based again on the 3-year average of California, which, having regulated
based on air quality monitoring data the 98th percentile of 24-hour vehicle emission prior to passage of the
showing that the area met the NAAQS concentrations. As established by EPA CAA in 1970, was granted an exception
for the most recent three prior years. regulation at 40 CFR part 50, the by the CAA to continue to issue its own
Once again, the area was never formally primary and secondary 1997 Annual vehicle emission standards. Section 209
redesignated to attainment prior to PM2.5 NAAQS are attained when the of the CAA requires that California must
EPA’s revocation of the 1997 8-hour annual arithmetic mean concentration, demonstrate to EPA that its newly
NAAQS on March 6, 2015 (44 FR as determined in accordance with 40 adopted standards will be ‘‘. . . in the
12264), effective April 6, 2015. CFR part 50, appendix N, is less than or aggregate, at least as protective of public
Most recently, EPA revised the 8-hour equal to 15.0 mg/m3 at all relevant health and welfare as applicable Federal
ozone NAAQS from 0.08 parts per monitoring sites in the subject area over standards.’’
million (ppm) to 0.075 ppm on March a 3-year period. The CAA also authorizes other states
27, 2008 (73 FR 16436). On May 21, Under the revised particulate matter to adopt California emission standards
2012 (77 FR 30088), EPA finalized NAAQS promulgated by EPA since for which EPA has granted California
designations for this 2008 8-hour ozone 1990, Delaware’s New Castle County has such a waiver of preemption. Under
NAAQS, with New Castle County been designated nonattainment for both section 177 of the CAA, states are
designated marginal nonattainment as the 24-hour and annual PM2.5 NAAQS authorized to adopt California’s
part of the Philadelphia-Wilmington- on a number of occasions. On January standards in lieu of Federal vehicle
Atlantic City nonattainment area, and 5, 2005 (70 FR 944), and supplemented standards, provided they do so with at
Sussex County once again designated on April 14, 2005 (71 FR 19844), EPA least two model years lead time prior to
marginal nonattainment as the separate designated New Castle County the effective date of the standards,
Seaford, DE area. nonattainment for the annual 1997 provided that EPA has issued a waiver
On August 27, 2015, EPA published a PM2.5 NAAQS as part of the of preemption to California for such
Federal Register document (80 FR Philadelphia-Wilmington, PA-NJ-DE standards.
51992) proposing to find that the nonattainment area. On November 13, EPA has adopted several iterations, or
Seaford, DE area had attained the 2008 2009 (74 FR 58688), EPA promulgated ‘‘tiers,’’ of Federal emissions standards
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8-hour ozone NAAQS by the marginal designations for the 24-hour PM2.5 since the CAA was reauthorized in
area attainment deadline of July 20, NAAQS established in 2006, 1990. When Delaware first state-adopted
2015, based on complete, quality- designating New Castle County California’s LEV standards in 2010, the
assured and certified ozone monitoring nonattainment as part of the Federal vehicle emission standards in
data for the period 2012–2014. In that Philadelphia-Wilmington, PA-NJ-DE effect were Tier 2 standards, which were
same action, EPA proposed to find that nonattainment area. EPA did not adopted by EPA on February 10, 2000

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Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Rules and Regulations 61755

(65 FR 6698) and implemented (the least stringent standard set) to Zero Emission Vehicle (NLEV) program—a
beginning with 2004 model year Emission Vehicle (ZEV) standards (the voluntary, nationwide clean car
vehicles. These Federal Tier 2 standards most stringent standard set). California’s program promulgated by EPA, in
set tailpipe emissions standards for LEV II program established various conjunction with auto manufacturers
passenger vehicles and light-duty trucks other standards: The Ultra-Low and states, which allowed for more
and also limited gasoline sulfur levels. Emission Vehicles (ULEV), Super-Ultra stringent vehicle standards than
The Federal Tier 3 program set more Low Emission Vehicles (SULEV), Partial prescribed by Federal law. However, the
stringent vehicle emissions standards Zero Emission Vehicles (PZEV), and program expired with the promulgation
and further limited allowable sulfur Advanced Technology-Partial Zero by EPA of more stringent Tier II motor
content of gasoline for new cars, Emission Vehicles (AT–PZEV). Each vehicle standards, which were sold
beginning in 2017. EPA attempted to manufacturer complied by beginning in model year 2004.
closely harmonize the Tier 3 standards demonstrating that its own sales- Therefore, the Delaware LEV program
with California’s most current LEV weighted average of these respective effectively superseded Federal Tier 2
Program. EPA finalized the Tier 3 categories of standards fell below vehicle standards beginning with model
vehicle and fuel standards on April 28, overall program standards. year 2014. However, Delaware did not
2014 (79 FR 23414). In January 2012, California approved submit the 2010 version of its LEV
On May 7, 2010 (75 FR 25324), EPA a new LEV program for model years program rule (7 DE Admin. Code 1140)
and the U.S. Department of 2017 through 2025, called the Advanced to EPA as a SIP revision request to EPA
Transportation’s National Highway Clean Cars Program, or the LEV III at that time, and the SIP was not
Traffic Safety Administration (NHTSA) program. The program combines control amended at that time to replace the
jointly established a national program of smog, soot, and GHG emissions with defunct NLEV program with the
consisting of new standards for light- requirements for greater numbers of Delaware LEV program.
duty motor vehicles to reduce GHG ZEV vehicles into a single program. LEV
emissions and to improve fuel economy. III regulations apply to light-duty II. Summary of August 2014 Delaware
This program affected new passenger vehicles, light-duty trucks, and LEV SIP Revision
cars, light-duty trucks, and medium- medium-duty passenger vehicles. The On August 20, 2014, Delaware
duty passenger vehicles sold in model program was phased in beginning with submitted a SIP submittal requesting
years 2012 through 2016. On October vehicles certified in model year 2015, that EPA amend the Delaware SIP to
15, 2012 (77 FR 62624), EPA and with all vehicles meeting LEV III incorporate the state’s LEV program.
NHTSA issued another joint rule to standards by model year 2020. Delaware adopted revisions to its
further tighten GHG emission standards Amendments to California’s ZEV Delaware LEV program, which was
for model years 2017 through 2025. The requirements added flexibility to originally adopted in December of 2010,
Federal GHG standards were California’s existing ZEV program for on November 15, 2013 and published
harmonized with similar GHG standards 2017 and earlier model years, and the revised regulation in the Delaware
set by California, to ensure that establish new sales and technology
Register of Regulations on December 1,
automobile manufacturers would face a requirements starting with the 2018
2013 (effective December 11, 2013). This
single set of national emissions model year. The LEV III amendments
revised version of Regulation 1140
standards to meet both Federal and establish more stringent criteria and
serves to incorporate by reference
California emissions requirements. GHG emission standards starting with
California’s more recent LEV III
the 2015 and 2017 model years,
D. California LEV Program standards and GHG standards
respectively. The California GHG
In 1990, California’s Air Resources applicable to model year 2015 to 2025
standards are almost identical in
Board (CARB) adopted LEV standards LEV-subject vehicles. At the same time,
stringency and structure to the Federal
applicable to light- and medium-duty Delaware rescinded requirements that
GHG standards for model years from
vehicles and phased-in beginning with 2017 to 2025. Additionally, on could prospectively and automatically
model year 1994 vehicles. In 1999, December 2012, California adopted a force incorporation of future California
California adopted a second generation ‘‘deemed to comply’’ regulation that LEV rule changes to Delaware’s LEV
of LEV standards, known as LEV II, enables manufacturers to show program, without being subject to
which were phased-in beginning model compliance with California GHG rulemaking under Delaware’s regulatory
year 2004 through model year 2010. standards by demonstrating compliance process.
EPA waived Federal preemption for with Federal GHG standards. On June 9, EPA is incorporating by reference
California’s LEV II program on April 22, 2013 (78 FR 2112), EPA granted a Delaware’s entire Regulation 1140
2003 (68 FR 19811). Federal preemption waiver for Delaware Low Emission Vehicle
This LEV II program reduced California’s Advanced Clean Cars Program (7 DE Admin. Code 1140,
emissions in a similar manner to the Program. California’s LEV III program effective date December 11, 2013).
Federal Tier 2 program by use of rules are codified in Title 13 of the Section 10.0 of Regulation 1140 lists the
declining fleet average non-methane California Code of Regulations (CCR), applicable sections of Title 13 of the
organic gas (NMOG) emission standards, under Division 3. California Code of Regulations that
applicable to each vehicle manufacturer comprise California’s LEV III program
each year. Separate fleet average E. Delaware LEV Program which Delaware has incorporated by
standards were not established for NOX, Delaware first adopted California’s reference as part of state adoption
CO, PM, or formaldehyde as these LEV II program via a Delaware LEV process of Delaware’s LEV program.
emissions are controlled as a co-benefit program regulation (7 DE Admin Code Future changes made by California to its
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of the NMOG fleet average (fleet average 1140) adopted on November 9, 2010, LEV program will require additional
values for these pollutants are set by the effective with 2014 and newer model regulatory action on the part of
certification standards for each set of year passenger cars and trucks and Delaware and a SIP revision request to
California prescribed certification medium-duty vehicles titled in EPA to amend the Delaware SIP, in the
standards.) These allowable sets of Delaware. Prior to that, Delaware event that Delaware wishes to include
standards ranged from LEV standards participated in the National Low such changes to its program.

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61756 Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Rules and Regulations

Since Delaware’s LEV program (effective date of December 11, 2013) to methods, under Executive Order 12898
Regulation 1140 is codified in the same 40 CFR part 52 set forth below. (59 FR 7629, February 16, 1994).
regulatory section as the prior Delaware The EPA has made, and will continue In addition, this rule does not have
NLEV program, the action to approve to make, these documents generally tribal implications as specified by
Delaware’s request to revise the SIP to available electronically through Executive Order 13175 (65 FR 67249,
incorporate the LEV program for the www.regulations.gov and/or in hard November 9, 2000), because the SIP is
first time will have the effect of copy at the appropriate EPA office (see not approved to apply in Indian country
superseding the prior SIP-approved, the ADDRESSES section of this preamble located in the state, and EPA notes that
defunct NLEV program in the Delaware for more information). it will not impose substantial direct
SIP. See 62 FR 72564, (December 28, costs on tribal governments or preempt
1999). Thus, this action also removes V. Statutory and Executive Order tribal law.
Delaware’s prior approved NLEV rule Reviews
B. Submission to Congress and the
from the SIP and replaces it with the A. General Requirements Comptroller General
most recently amended version of
Under the CAA, the Administrator is The Congressional Review Act, 5
Regulation 1140, state effective
required to approve a SIP submission U.S.C. 801 et seq., as added by the Small
December 11, 2013.
that complies with the provisions of the Business Regulatory Enforcement
III. Final Action CAA and applicable Federal regulations. Fairness Act of 1996, generally provides
EPA is approving Delaware’s August 42 U.S.C. 7410(k); 40 CFR 52.02(a). that before a rule may take effect, the
20, 2014 SIP submittal pertaining to Thus, in reviewing SIP submissions, agency promulgating the rule must
adoption by Delaware of a LEV program EPA’s role is to approve state choices, submit a rule report, which includes a
as a revision to the Delaware SIP. The provided that they meet the criteria of copy of the rule, to each House of the
CAA authorizes states to adopt the CAA. Accordingly, this action Congress and to the Comptroller General
California’s vehicle standards for which merely approves state law as meeting of the United States. EPA will submit a
EPA has granted California a waiver of Federal requirements and does not report containing this action and other
preemption from Federal vehicle impose additional requirements beyond required information to the U.S. Senate,
standards that would otherwise apply. those imposed by state law. For that the U.S. House of Representatives, and
In this case, Delaware has already reason, this action: the Comptroller General of the United
adopted California LEV III emission • Is not a ‘‘significant regulatory States prior to publication of the rule in
standards and has begun implementing action’’ subject to review by the Office the Federal Register. A major rule
the program. EPA is publishing this rule of Management and Budget under cannot take effect until 60 days after it
without prior proposal because EPA Executive Order 12866 (58 FR 51735, is published in the Federal Register.
views this as a noncontroversial October 4, 1993); This action is not a ‘‘major rule’’ as
amendment and anticipates no adverse • does not impose an information defined by 5 U.S.C. 804(2).
comment. However, in the ‘‘Proposed collection burden under the provisions
Rules’’ section of this Federal Register, of the Paperwork Reduction Act (44 C. Petitions for Judicial Review
EPA is publishing a separate document U.S.C. 3501 et seq.); Under section 307(b)(1) of the CAA,
that will serve as the proposal to • is certified as not having a petitions for judicial review of this
approve the SIP revision if adverse significant economic impact on a action must be filed in the United States
comments are filed. This rule will be substantial number of small entities Court of Appeals for the appropriate
effective on December 14, 2015 without under the Regulatory Flexibility Act (5 circuit by December 14, 2015. Filing a
further notice unless EPA receives U.S.C. 601 et seq.); petition for reconsideration by the
adverse comment by November 13, • does not contain any unfunded Administrator of this final rule does not
2015. If EPA receives adverse comment, mandate or significantly or uniquely affect the finality of this action for the
EPA will publish a timely withdrawal in affect small governments, as described purposes of judicial review nor does it
the Federal Register informing the in the Unfunded Mandates Reform Act extend the time within which a petition
public that the rule will not take effect. of 1995 (Pub. L. 104–4); for judicial review may be filed, and
EPA will address all public comments • does not have Federalism shall not postpone the effectiveness of
in a subsequent final rule based on the implications as specified in Executive such rule or action. Parties with
proposed rule. EPA will not institute a Order 13132 (64 FR 43255, August 10, objections to this direct final rule are
second comment period on this action. 1999); encouraged to file a comment in
Any parties interested in commenting • is not an economically significant response to the parallel notice of
must do so at this time. Please note that regulatory action based on health or proposed rulemaking for this action
if EPA receives adverse comment on an safety risks subject to Executive Order published in the proposed rules section
amendment, paragraph, or section of 13045 (62 FR 19885, April 23, 1997); of this Federal Register, rather than file
this rule and if that provision may be • is not a significant regulatory action an immediate petition for judicial
severed from the remainder of the rule, subject to Executive Order 13211 (66 FR review of this direct final rule, so that
EPA may adopt as final those provisions 28355, May 22, 2001); EPA can withdraw this direct final rule
of the rule that are not the subject of an • is not subject to requirements of and address the comment in the
adverse comment. Section 12(d) of the National proposed rulemaking action. This action
Technology Transfer and Advancement to approve Delaware’s LEV Program SIP
IV. Incorporation by Reference Act of 1995 (15 U.S.C. 272 note) because revision request may not be challenged
In this rulemaking action, the EPA is application of those requirements would later in proceedings to enforce its
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finalizing regulatory text that includes be inconsistent with the CAA; and requirements. (See section 307(b)(2).)
incorporation by reference. In • does not provide EPA with the
accordance with requirements of 1 CFR discretionary authority to address, as List of Subjects in 40 CFR Part 52
51.5, the EPA is incorporating by appropriate, disproportionate human Environmental protection, Air
reference Delaware’s LEV Program health or environmental effects, using pollution control, Carbon monoxide,
codified at 7 DE Admin. Code 1140 practicable and legally permissible Incorporation by reference,

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Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Rules and Regulations 61757

Intergovernmental relations, Nitrogen PART 52—APPROVAL AND ‘‘1140 Delaware Low Emission Vehicle
dioxide, Ozone, Particulate matter, PROMULGATION OF Program.’’
Reporting and recordkeeping IMPLEMENTATION PLANS ■ b. Revising the entries under heading
requirements, Volatile organic number 1140 for Sections 1.0., 2.0 and
compounds. ■ 1. The authority citation for part 52 3.0; and
continues to read as follows:
Dated: September 29, 2015. ■ c. Adding entries under heading
Authority: 42 U.S.C. 7401 et seq. number 1140 for Sections 4.0, 5.0, 6.0,
Shawn M. Garvin,
7.0, 8.0, 9.0, 10.0, 11.0, and 12.0.
Regional Administrator, Region III. Subpart I—Delaware
The revisions and additions read as
40 CFR part 52 is amended as follows: ■ 2. In § 52.420, the table in paragraph follows:
(c) is amended by:
■ a. Removing the heading ‘‘1140 § 52.420 Identification of plan.
Delaware’s National Low Emission * * * * *
Vehicle (NLEV)’’ and adding in its place (c) * * *

EPA-APPROVED REGULATIONS AND STATUTES IN THE DELAWARE SIP
State
State regulation Additional
Title/subject effective EPA approval date
(7 DNREC 1100) explanation
date

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

* * * * * * *

* * * * * SUMMARY: The Environmental Protection In addition to the designation, the EPA
[FR Doc. 2015–25954 Filed 10–13–15; 8:45 am] Agency (EPA) is finalizing an expansion now issues a technical amendment to
BILLING CODE 6560–50–P of the ocean dredged material disposal correct a clerical error in the proposed
site (ODMDS) site offshore of rule.
Jacksonville, Florida pursuant to the DATES: The effective date of this final
ENVIRONMENTAL PROTECTION Marine Protection, Research and action shall be November 13, 2015.
AGENCY Sanctuaries Act, as amended (MPRSA). ADDRESSES: Docket: All documents in
The EPA decided to finalize the the Docket are listed in the
40 CFR Part 228
expansion of the site because the site www.regulations.gov index. Although
[EPA–R04–OW–2014–0372; FRL–9934–57– expansion is needed to serve the long- listed in the index, some information
Region 4] term need for a location to dispose of may not be publicly available, e.g.,
material dredged from the St. Johns confidential business information (CBI)
Ocean Dumping: Expansion of an River navigation channel, and to or other information whose disclosure is
Ocean Dredged Material Disposal Site provide a location for the disposal of restricted by statute. Certain other
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Offshore of Jacksonville, Florida dredged material for persons or entities material, such as copyrighted material,
AGENCY: Environmental Protection who have received a permit for such will be publicly available or in hard
Agency (EPA). disposal. The newly expanded site will copy at the EPA Region 4 Office, 61
be subject to ongoing monitoring and Forsyth Street SW., Atlanta, Georgia
ACTION: Final rule and technical
management to ensure continued 30303. The file will be made available
amendment.
protection of the marine environment. for public inspection in the Region 4

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Document Created: 2018-02-27 08:50:20
Document Modified: 2018-02-27 08:50:20

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Direct final rule.
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.
Contact		Brian Rehn, (215) 814-2176, or by email at [email protected]
FR Citation		80 FR 61752
CFR Associated		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