87500 Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations 

Also, this rule does not have Tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or Tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01, Rev.1, 

associated implementing instructions, 

and Environmental Planning Policy 

COMDTINST 5090.1 (series) which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA)(42 U.S.C. 4321– 

4370f). The Coast Guard has determined 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This rule 

promulgates the operating regulations or 

procedures for drawbridges and is 

categorically excluded from further 

review, under paragraph L49, of Chapter 

3, Table 3–1 of the U.S. Coast Guard 

Environmental Planning 

Implementation Procedures. 

Neither a Record of Environmental 

Consideration nor a Memorandum for 

the Record are required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

DHS Delegation No. 00170.1, Revision No. 

01.3. 

■ 2. In § 117.189, add new paragraph (e) 

to read as follows: 

§ 117.189 Sacramento River. 

* * * * * 

(e) The draw of the California 

Department of Transportation Rio Vista 

(State Route 12) highway bridge, mile 

12.8, at Rio Vista, shall open on signal 

through August 29, 2025 if at least 4 

hours’ notice is given to the drawtender. 

Dated: October 28, 2024. 

Taylor Q. Lam, 

Captain, U.S. Coast Guard, Acting 

Commander, Eleventh Coast Guard District. 

[FR Doc. 2024–25603 Filed 11–1–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2024–0016; FRL–12094– 

02–R3] 

Air Plan Approval; Delaware; Motor 

Vehicle Inspection and Maintenance 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving three state 

implementation plan (SIP) revisions 

submitted by the State of Delaware 

through the Delaware Department of 

Natural Resources and Environmental 

Control (DNREC) on March 13, 2023. 

The revisions amend Delaware’s 

emission inspection and maintenance 

(I/M) program statewide, for the purpose 

of updating the SIP to include several 

state rule revisions as amendments to 

the prior approved SIP. The purpose of 

these updates is to incorporate 

regulatory changes that are the result of 

state law changes, as well as to improve 

the I/M program and to harmonize the 

programs operated throughout the state. 

EPA finds that these revisions to the SIP 

comply with applicable requirements of 

the CAA and EPA regulations and that 

these revisions to the SIP will not 

interfere with attainment or 

maintenance of any national ambient air 

quality standards (NAAQS). EPA is 

approving these revisions to the 

Delaware SIP in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective 

December 4, 2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2024–0016. 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: 

Brian Rehn, 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) 814–2176. Mr. Rehn can 

also be reached via electronic mail at 

rehn.brian@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 13, 2023, DNREC submitted 

to EPA three revisions to the Delaware 

SIP pertaining to Delaware’s enhanced 

I/M program applicable to the Delaware 

portion of the Philadelphia-WilmingtonAtlantic City nonattainment area for the 

2015 ozone NAAQS (i.e., Kent and New 

Castle Counties) and the SIPstrengthening (akin to basic) I/M 

program applicable to Sussex County. 

On August 15, 2024 (89 FR 66295), EPA 

published a notice of proposed 

rulemaking (NPRM) proposing to 

approve these three revisions to the 

Delaware SIP. In the NPRM, EPA 

proposed to approve state amendments 

to the prior SIP-approved versions of 7 

DE Admin. Code 31, now recodified at 

7 DE Admin Code 1131 (pertaining to 

the enhanced I/M program in Kent and 

New Castle Counties) and to 7 DE Code 

1126 (pertaining to Sussex County), as 

well as Delaware’s Plan for 

Implementation (PFI) for 7 DE Admin 

Code 1126 and 7 DE Admin. Code 1131. 

The PFI contains additional supporting 

materials for inclusion into the SIP that 

is related to I/M program 

implementation, enforcement, and other 

non-regulatory program requirements to 

satisfy Federal I/M requirements set 

forth at 40 CFR part 51, subpart S not 

addressed by the revised Regulations 

1126 and 1131. 

These SIP revisions apply to both the 

federally mandated enhanced I/M 

program applicable to Kent and New 

Castle Counties that comprise 

Delaware’s portion of the PhiladelphiaWilmington-Atlantic City, PA-NJ-MDDE ozone nonattainment area, and also 


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1See 21 Delaware Code 2143. 

2 Delaware revised its Regulation 31 on June 12, 

2012, but did not request that EPA revise the SIP 

at the time to incorporate those amended 

provisions. Among those rule changes was a change 

in state rule format, changing the Regulation 

number from 31 to 1131. The March 2023 SIP 

revision incorporated state rule amendments made 

in January 2023 that build on those 2012 state rule 

amendments. EPA is taking final action on the 

March 2023 SIP revision, inclusive of prior state 

rule amendments made since the last update to 

Chapter 31. 

3EPA’s final action updates definitions under 7 

DE Admin Code 1126, section 2.0, adding 

definitions for the terms: ‘‘alternative fuel vehicle,’’ 

‘‘ASE L1,’’ ‘‘certified emission repair technician,’’ 

‘‘carbon dioxide (CO2),’’ ‘‘carbon monoxide (CO),’’ 

‘‘curb-idle test,’’ ‘‘director,’’ ‘‘dual fuel vehicle,’’ 

‘‘exhaust emission test,’’ ‘‘evaporative system 

integrity,’’ ‘‘farm vehicles,’’ ‘‘flexible fuel vehicle,’’ 

‘‘gross vehicle weight,’’ ‘‘high emitting vehicle,’’ 

‘‘hybrid electric vehicle,’’ ‘‘hydrocarbon,’’ 

‘‘inspection period,’’ ‘‘invalid test condition,’’ ‘‘I/M 

subject vehicle,’’ ‘‘kit car,’’ ‘‘light duty vehicle,’’ 

‘‘malfunction indicator lamp,’’ ‘‘motor vehicle 

associate,’’ ‘‘new model year exemption,’’ ‘‘OBD 

diagnostic trouble code,’’ ‘‘on-board diagnostics 

(OBD),’’ ‘‘on-board diagnostics test,’’ ‘‘reconstructed 

vehicle,’’ ‘‘registration denial,’’ ‘‘repair waiver,’’ 

‘‘repair waiver expenditure limit,’’ ‘‘sale or sell,’’ 

‘‘secretary,’’ ‘‘standards,’’ ‘‘subject fleet vehicle,’’ 

‘‘subject vehicle,’’ ‘‘tampering,’’ ‘‘unsafe condition,’’ 

‘‘vehicle,’’ ‘‘vehicle type,’’ and ‘‘visual catalyst 

inspection.’’ The action incorporates revised 

definitions under 7 Admin Code 1126, Section 2.0 

for the terms: ‘‘emissions,’’ ‘‘emission standards,’’ 

‘‘failed motor vehicle,’’ and ‘‘official inspection 

station.’’ 

4This action includes revision to definitions in 

Title 7 DE Admin Code Regulation 1131, section 3, 

adding definitions for the following terms: 

‘‘Alternative fuel vehicle,’’ ‘‘ASE L1,’’ ‘‘Certified 

emission repair technician,’’ ‘‘Carbon dioxide 

(CO2),’’ ‘‘Carbon monoxide (CO),’’ ‘‘Curb-idle test,’’ 

‘‘Department,’’ ‘‘Director,’’ ‘‘Division,’’ ‘‘Dual-fuel 

vehicle,’’ ‘‘Emissions,’’ ‘‘Emission inspection area,’’ 

‘‘Emissions standards,’’ ‘‘Exhaust emission test,’’ 

‘‘Evaporative system integrity test,’’ ‘‘Failed motor 

vehicle,’’ ‘‘Farm vehicle,’’ ‘‘Flexible fuel vehicle,’’ 

‘‘Gross vehicle weight,’’ ‘‘High emitting vehicle 

(HEV),’’ ‘‘Hybrid electric vehicle,’’ ‘‘Hydrocarbon 

(HC),’’ ‘‘I/M subject vehicle,’’ ‘‘Inspection period,’’ 

‘‘Invalid test connection,’’ ‘‘Kit car,’’ ‘‘Light duty 

vehicle,’’ ‘‘Malfunction indicator lamp (MIL),’’ 

‘‘Model year,’’ ‘‘Motor vehicle’’ ‘‘Motor vehicle 

Continued 

to the Sussex County program, where 

I/M is not federally required but where 

Delaware has a prior approved, SIP 

strengthening I/M program (similar in 

design to a basic I/M program, as 

defined by the Clean Air Act and EPA’s 

I/M program rules). The SIP revisions to 

Delaware’s I/M program being approved 

herein include: a change in program 

coverage to expand exemptions for new 

vehicles to seven years (from five years); 

the addition of vehicle on-board 

diagnostic (OBD) testing requirements 

in the Sussex County program; 

expanded vehicle coverage to include 

vehicles weighing between 8,501 to 

14,000 pounds gross vehicle weight 

rating (GVWR), for those vehicles model 

year 2008-and-newer; harmonization of 

I/M test requirements applicable to 

older vehicles to include curb idle 

exhaust and gas cap pressure tests for 

vehicles 1995-and-older (replacing 

existing two-speed idle tests on those 

vehicles previously performed in Kent 

and New Castle Counties); the phase-in 

of increased minimum repair cost 

thresholds for obtaining a repair waiver 

in Sussex County; and the addition of a 

statewide prohibition on tamperingrelated repairs in qualifying for an 

emissions repair waiver. 

II. Summary of Delaware’s March 2023 

SIP Revisions and EPA’s Analysis 

A. Overview of Delaware’s March 13, 

2023 SIP Revisions 

Delaware submitted three SIP 

revisions on March 13, 2023, serving to 

update the Delaware SIP to harmonize 

with amendments made to the state I/M 

program regulations and plan for 

implementation. These March 2023 SIP 

revisions pertain to both of Delaware’s 

I/M programs—the enhanced I/M 

program applicable to Kent and New 

Castle Counties and the SIPstrengthening (akin to basic) I/M 

program in Sussex County. The first of 

these SIP revisions is an amendment to 

7 DE Admin. Code 1131, pertaining to 

the low enhanced I/M program operated 

in Kent and New Castle Counties 

(referred to as the ‘‘Wilmington I/M 

program’’ or as the ‘‘Regulation 1131’’ I/ 

M program). 

The second of the March 2023 SIP 

submittals amends 7 DE Admin. Code 

1126 pertaining to the SIP-strengthening 

I/M program applicable to Sussex 

County (referred to as the ‘‘Sussex 

County I/M program’’ or ‘‘Regulation 

1126’’ program). DNREC revised 

Regulations 1126 and 1131 to optimize 

the I/M programs and to harmonize the 

requirements of the two programs, as 

well as to align Delaware’s regulations 

with a change in state law (i.e., House 

Bill 246 of the 2017 Delaware General 

Assembly legislative session), which 

altered subject vehicle applicability of 

the program by changing the exemption 

for new vehicles from five to seven 

years.1

Delaware’s third March 2023 SIP 

submittal serves to correct an error 

made by the state in a 2012 state 

regulatory action, which inadvertently 

incorporated Delaware’s Plan for 

Implementation (PFI) for 7 DE Admin 

Code 1126 and 7 DE Admin. Code 1131 

into Regulation 31.2 Delaware never 

requested that EPA incorporate the 2012 

version of Regulation 1131 into the SIP, 

so that error did not translate to the SIP. 

However, Delaware’s March 2023 SIP 

revision requests that EPA incorporate 

the now non-regulatory PFI as 

additional supporting materials for 

inclusion into the SIP, for the purpose 

of meeting Federal I/M requirements at 

40 CFR part 51, subpart S not addressed 

by the revised Regulations 1126 and 

1131. 

In accordance with requirements of 1 

CFR 51.5, EPA is incorporating by 

reference Delaware’s revised Title 7, 

Regulation 1126 entitled ‘‘Motor Vehicle 

Emissions Inspection Program—Sussex 

County,’’ as published as a final rule in 

the Delaware Register on January 1, 

2023 (effective January 11, 2023). This 

revised 7 DE Admin Code Regulation 

1126 takes the place of the prior SIPapproved version of Regulation 1126 in 

its entirety. The effect is to incorporate 

by reference amended sections of 

Regulation 1126, including sections 1.0 

(including 1.1 through 1.6), 2.0 

(including revised definitions 3), 4.0 

(including 4.1 through 4.5), 5.0 

(including 5.1 through 5.4), 6.0 

(including 6.1 through 6.2), 7.0 

(including 7.1 and 7.2), 8.0 (including 

8.1 through 8.4), and 9.0 (including 9.1 

through 9.3). Section 3.0 of Regulation 

1126 and Technical Memorandum 1 and 

2 to Regulation 1126 are removed and 

reserved, as these sections were 

removed as part of Delaware’s January 1, 

2023 state rule revisions. 

In accordance with requirements of 1 

CFR 51.5, EPA is incorporating by 

reference Delaware’s revised Title 7, 

Regulation 1131 entitled ‘‘Motor Vehicle 

Emissions Inspection Program—Kent 

and New Castle Counties,’’ as published 

as a final rule in the Delaware Register 

on January 1, 2023 (effective January 11, 

2023). Delaware’s January 1, 2023 

regulatory updates to 7 DE Admin Code 

Regulation 1131 serve to update the 

rules to reflect changes made by 

Delaware to revise its low-enhanced I/ 

M program as described earlier (i.e., to 

increase new vehicle I/M program 

exemptions to seven years, to expand 

vehicle coverage to include mediumduty vehicles; to change idle testing 

requirements to curb idle testing, etc.) 

Additionally, the January 1, 2023 

version of Regulation 1131 being 

incorporated by reference replaces the 

prior SIP-approved Regulation 31 

program to reflect a state regulatory 

format change made since EPA last 

approved the SIP, essentially 

recodifying that program. The revised 7 

DE Admin. Code Regulation 1131 being 

incorporated by reference was state 

adopted on January 1, 2023 (state 

effective January 11, 2023). This action 

incorporates by reference the January 1, 

2023 state revisions to 7 DE Admin. 

Code 1131, including: sections 1.0, 2.0 

(including 2.1 through 2.6), 3.0 

(including revised definitions),4 4.0 


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associate,’’ ‘‘New model year exemption,’’ ‘‘OBD 

diagnostics trouble codes (DTCs),’’ ‘‘Official 

inspection station,’’ ‘‘On-board diagnostics (OBD),’’ 

‘‘On-Board Diagnostics (OBD) Test,’’ ‘‘Reasonable 

cost,’’ ‘‘Reconstructed vehicle,’’ ‘‘Registration 

denial,’’ ‘‘Registered gross vehicle weight (G.V.W.),’’ 

‘‘Repair waiver,’’ ‘‘Repair Waiver Expenditure 

Limit,’’ ‘‘Sale or sell,’’ ‘‘Secretary,’’ ‘‘Standards,’’ 

‘‘Subject vehicle,’’ ‘‘Tampering,’’ ‘‘Unsafe 

condition,’’ ‘‘Vehicle,’’ ‘‘Vehicle type,’’ ‘‘Visual 

catalyst inspection,’’ and ‘‘Waiver.’’ 

5See 75 FR 48566 (August 11, 2010). 6 62 FR 27968 (May 22, 1997). 

(including 4.1 through 4.5), 5.0 

(including 5.1 through 5.4), 6.0 

(including 6.1), 7.0 (including 7.1 and 

7.2), 8.0 (including 8.1 through 8.4), and 

9.0 (including 9.2). With the 

substitution in the SIP of the January 

2023 state revision of 7 DE Admin Code 

Regulation 1131 for the previously SIPapproved Regulation 31, sections 10 

through 13 of 7 DE Admin. Code 31 are 

removed from the SIP, along with 

Appendices 1(d), 3(a)(7), 3(c)(2), 4(a), 

5(a), 5(f), 6(a), 6(a)(5), 6(a)(8), 6(a)(9), 

7(a), 8(a), and 9(a). 

In an August 11, 2010 action, EPA 

approved into the SIP Delaware’s 

administrative recodification of 7 DE 

Code 1126.5 Delaware subsequently 

finalized a state administrative 

recodification of 7 DE Admin Code 1131 

(previously Regulation 31) but did not 

then submit that administrative change 

as a SIP revision to EPA. As a result, 

EPA did not at that time approve into 

the SIP the state’s recodification of 

Regulation 1131. Delaware’s March 

2023 SIP revision contains a January 

2023 state regulation amendment to 

Regulation 1131, which is based on a 

prior 2012 revision of that rule that 

Delaware had not previously requested 

be approved as part of the SIP. The 

relevant regulation in the SIP was most 

recently approved by EPA in October 

2001, when it was still Regulation 31 in 

the Delaware Code. The 2023 SIP 

revision serves to incorporate by 

reference the 2023 version of the state 

rule revision into the Delaware SIP. The 

effect of doing so will be to incorporate 

the latest 2023 state rule amendments, 

as well as the 2012 state amendments. 

The effect of approving the PFI SIP 

revision and incorporating the PFI by 

reference into the SIP would be to 

remove from Regulation 1131 some 

oversight and administrative provisions 

formerly contained in regulatory 

addendums and appendices to 

Regulation 1131 and instead to include 

them in the SIP as additional state 

materials for incorporation by reference 

as non-regulatory revision. 

B. EPA’s Evaluation of Delaware’s SIP 

Revisions 

EPA’s rationale for the proposed 

approval of these three March 2023 SIP 

revisions was presented in the August 

15, 2024 (89 FR 66295), NPRM, 

referenced above, and will not be 

restated here. EPA received one public 

comment on the proposed rulemaking, 

which was not adverse in nature noting 

simply that Illinois has a program 

similar to Delaware’s. Given that the 

comment was not adverse in nature, 

EPA is not responding to the comment 

in this final rule. 

III. EPA’s Response to Comments 

Received 

The proposed action provided a 30- 

day public comment period. During this 

period, EPA received one public 

comment, which was not adverse in 

nature, with the commenter noting that 

Illinois has similar control measures. 

The comment provides no further 

explanation or context as to its 

relevancy to this action. Therefore, EPA 

is not responding to that public 

comment received, considering it 

neutral with respect to this action. 

IV. Final Action 

EPA is approving three SIP revisions 

submitted by DNREC in March 2023 as 

revisions to the Delaware SIP as 

described in the NPRM titled ‘‘Air Plan 

Approval; Delaware; Motor Vehicle 

Inspection and Maintenance Program’’ 

published in the August 15, 2024 (89 FR 

66295) Federal Register. These 

revisions serve to amend Delaware’s 

vehicle I/M program requirements 

applicable to the Delaware portion of 

the Philadelphia-Wilmington-Atlantic 

City nonattainment area, Delaware’s sipstrengthening I/M program in Sussex 

County, and incorporation of nonregulatory implementation materials. 

The SIP revisions to Delaware’s I/M 

program being approved herein include: 

a change in program coverage to expand 

exemptions for new vehicles to seven 

years; the addition of vehicle OBD 

testing requirements in the Sussex 

County program; expanded vehicle 

coverage to include vehicles weighing 

between 8,501 to 14,000 pounds GVWR, 

for those vehicles model year 2008-andnewer; harmonization of I/M test 

requirements applicable to older 

vehicles to include curb idle exhaust 

and gas cap pressure tests for vehicles 

1995-and-older (replacing existing twospeed idle tests on those vehicles 

previously performed in Kent and New 

Castle Counties); the phase-in of 

increased minimum repair cost 

thresholds for obtaining a repair waiver 

in Sussex County; and the addition of a 

statewide prohibition on tamperingrelated repairs in qualifying for an 

emissions repair waiver. EPA finds that 

these revisions to the SIP comply with 

applicable requirements of the CAA and 

EPA regulations and that these revisions 

to the SIP will not interfere with 

attainment or maintenance of any 

NAAQS or result in an adverse impact 

to air quality. Please refer to the August 

15, 2024 (89 FR 66295) NPRM for 

further detail on the basis for this final 

approval. EPA’s authority to approve 

Delaware’s I/M programs is set forth in 

sections 110 and 182 of the Clean Air 

Act. 

V. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of revisions to portions of 

Title 7 of the Delaware Administrative 

Code, Chapters 1126 and 1131. 

Revisions to Chapter 1126 include 

revised sections 1.0 through 9.0. 

Revisions to Chapter 1131 include 

revised sections 1.0 through 9.0. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the revisions to Delaware 

Title 7, Chapters 1126 and 1131, as 

described in section II of this preamble. 

The specific changes being made by 

these revisions are described in further 

detail in section II of this preamble. 

EPA has made, and will continue to 

make, these materials generally 

available through www.regulations.gov 

and at the EPA Region III Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rule of 

EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.6

VI. 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 


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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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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); 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, this action, approving 

three March 13, 2023 Delaware SIP 

revisions related to the vehicle I/M 

program, 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. 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

Delaware DNREC did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. EPA did not perform an EJ 

analysis and did not consider EJ in this 

action. Due to the nature of the action 

being taken here, this action is expected 

to have a neutral impact on the air 

quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

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 January 3, 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 

approving revisions to Delaware’s motor 

vehicle emissions inspection and 

maintenance program 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, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Adam Ortiz, 

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 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart I—Delaware 

■ 2. Amend § 52.420: 

■ a. In the table in paragraph (c) by: 

■ i. Removing the heading ‘‘Chapter 

1126 Motor Vehicle Emissions 

Inspection Program’’ including the 

entries ‘‘Section 1.0’’ through 

‘‘Technical Memorandum 2’’ and 

adding in its place the heading ‘‘1126 

Motor Vehicle Inspection Program— 

Sussex County’’ including the entries 

‘‘Section 1.0’’ through ‘‘Section 9.0’’; 

■ ii. Removing the heading ‘‘Regulation 

No. 31 Low Enhanced Inspection and 

Maintenance Program’’ including the 

entries ‘‘Section 1’’ through ‘‘Appendix 

9(a)’’ and adding in its place the 

heading ‘‘1131 Motor Vehicle Emissions 

Inspection Program—Kent and New 

Castle Counties’’ including the entries 

‘‘Section 1.0’’ through ‘‘Section 9.0’’; 

and 

■ b. In the table in paragraph (e) by 

adding the entry ‘‘Motor Vehicle 

Emissions Inspection Program; Plan for 

Implementation (PFI) for 7 DE Admin 

Code 1126 and 7 DE Admin. Code 

1131’’ at the end of the table. 

The additions read as follows: 

§ 52.420 Identification of plan. 

* * * * * 

(c) * * * 


lotter on DSK11XQN23PROD with RULES1
87504 Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations 

EPA—APPROVED REGULATIONS AND STATUTES IN THE DELAWARE SIP 

State regulation 

(7 DNREC 1100) Title/subject State effective date EPA approval date Additional explanation 

*******

1126 MOTOR VEHICLE INSPECTION PROGRAM—SUSSEX COUNTY 

Section 1.0 .............................. Applicability and General Provisions.1/1/2023 11/4/2024, [INSERT FIRST 

PAGE OF FEDERAL REGISTER CITATION].

Regulation 1126 applies to 

Sussex County only, as of 

November 1, 1999. 

Section 2.0 .............................. Definitions .............................. 1/1/2023 11/4/2024, [INSERT FIRST 

PAGE OF FEDERAL REGISTER CITATION].

Section 4.0 .............................. Vehicle Inspection Requirements.1/1/2023 11/4/2024, [INSERT FIRST 

PAGE OF FEDERAL REGISTER CITATION].

Section 5.0 .............................. Motor Vehicle Anti-Tampering 

Requirements.

1/1/2023 11/4/2024, [INSERT FIRST 

PAGE OF FEDERAL REGISTER CITATION].

Section 6.0 .............................. On-Road Inspection Standards and Test Procedures.1/1/2023 11/4/2024, [INSERT FIRST 

PAGE OF FEDERAL REGISTER CITATION].

Section 7.0 .............................. Vehicle Emission Inspection 

Waivers.

1/1/2023 11/4/2024, [INSERT FIRST 

PAGE OF FEDERAL REGISTER CITATION].

Section 8.0 .............................. Certified Emission Repair 

Technicians.

1/1/2023 11/4/2024, [INSERT FIRST 

PAGE OF FEDERAL REGISTER CITATION].

Section 9.0 .............................. Enforcement and Registration 

Denial.

1/1/2023 11/4/2024, [INSERT FIRST 

PAGE OF FEDERAL REGISTER CITATION].

* * * * * * * 

1131 MOTOR VEHICLE EMISSIONS INSPECTION PROGRAM—KENT AND NEW CASTLE COUNTIES 

Section 1.0 .............................. Purpose .................................. 1/1/23 11/4/2024, [INSERT FIRST 

PAGE OF FEDERAL REGISTER CITATION].

REGULATION 1131 APPLIES TO KENT AND 

NEW CASTLE COUNTIES. 

Section 2.0 .............................. Applicability and General Provisions.1/1/2023 11/4/2024, [INSERT FIRST 

PAGE OF FEDERAL REGISTER CITATION].

Section 3.0 .............................. Definitions .............................. 1/1/2023 

Section 4.0 .............................. Vehicle Inspection Requirements.1/1/2023 11/4/2024, [INSERT FIRST 

PAGE OF FEDERAL REGISTER CITATION].

Section 5.0 .............................. Motor Vehicle Anti-Tampering 

Requirements.

1/1/2023 11/4/2024, [INSERT FIRST 

PAGE OF FEDERAL REGISTER CITATION].

Section 6.0 .............................. On-Road Inspection Standards and Test Procedures.1/1/2023 11/4/2024], [INSERT FIRST 

PAGE OF FEDERAL REGISTER CITATION].

Section 7.0 .............................. Vehicle Emission Inspection 

Waivers.

1/1/2023 11/4/2024, [INSERT FIRST 

PAGE OF FEDERAL REGISTER CITATION].

Section 8.0 .............................. Certified Emission Repair 

Technician.

1/1/2023 11/4/2024, [INSERT FIRST 

PAGE OF FEDERAL REGISTER CITATION].

Section 9.0 .............................. Enforcement and Registration 

Denial.

1/1/2023 11/4/2024, [INSERT FIRST 

PAGE OF FEDERAL REGISTER CITATION].

* * * * * * * 

* * * * * (e) * * * 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations 87505 

1 89 FR 77467. 2Page 10 of MDAQMD 70 ppb O3 Evaluation, 

Final Staff Report. 

3Page B–10 of SDCAPCD 2020 RACT SIP, 

Attachment B. 

Name of non-regulatory SIP 

revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

Motor Vehicle Emissions Inspection Program; Plan for 

Implementation (PFI) for 7 

DE Admin Code 1126 and 7 

DE Admin. Code 1131.

Statewide ............................... 03/13/2023 11/4/2024, [INSERT FIRST 

PAGE OF FEDERAL REGISTER CITATION].

This Plan for Implementation 

applies to both 7 DE 1126 

Motor vehicle Inspection 

Program—Sussex County; 

and to 7 DE 1131 Motor 

Vehicle Emissions Inspection Program—Kent and 

New Castle Counties. 

* * * * * 

[FR Doc. 2024–25460 Filed 11–1–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2024–0418; FRL–12225– 

02–R9] 

Air Plan Revisions; California; San 

Diego County Air Pollution Control 

District and Mojave Desert Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the San Diego 

County Air Pollution Control District 

(SDCAPCD) and Mojave Desert Air 

Quality Management District 

(MDAQMD) portions of the California 

State Implementation Plan (SIP). These 

revisions concern negative declarations 

for the Control Techniques Guidelines 

(CTG) for the Oil and Natural Gas 

Industry (Oil and Natural Gas CTG). 

DATES: This rule is effective December 4, 

2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2024–0418. All 

documents in the docket are listed on 

the https://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 https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. If 

you need assistance in a language other 

than English or if you are a person with 

a disability who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Eugene Chen, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 947–4304 or by 

email at chen.eugene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On September 23, 2024, the EPA 

proposed to approve the California Air 

Resources Board’s (CARB) submittal of 

negative declarations for the Oil and 

Natural Gas CTG adopted by SDCAPCD 

and MDAQMD.1 As discussed in our 

proposed action, these negative 

declarations should provide reasonable 

assurances that no sources subject to the 

CTG’s requirements currently exist in 

the relevant ozone nonattainment areas. 

Based on our review, we did not 

identify any sources that would be 

subject to the Oil and Natural Gas CTG 

and agreed with the SDCAPCD and 

MDAQMD negative declarations. We 

therefore proposed approval of these 

negative declarations for the Oil and 

Natural Gas CTG. 

TABLE 1—SUBMITTED DOCUMENTS

Local agency Document Adopted Submitted 

to EPA 

SDCAPCD ......... 2020 Reasonably Available Control Technology Demonstration for the National Ambient Air 

Quality Standards for Ozone in San Diego County (‘‘2020 RACT SIP’’)—Negative Declaration 

for Oil and Natural Gas CTG.

10/14/2020 12/29/2020 

MDAQMD .......... 70 ppb Ozone Standard Implementation Evaluation: RACT SIP Analysis; Federal Negative Declarations; and Emission Statement Certification—Negative Declaration for Oil and Natural Gas 

CTG.

10/28/2019 12/20/2019 

As discussed in our September 23, 

2024 (89 FR 77467) proposal, we only 

proposed action on the negative 

declaration for the Oil and Natural Gas 

CTG in Attachment B of the SDCAPCD 

submittal and did not propose action on 

any other elements of the submittal. 

Similarly, for the MDAQMD submittal, 

we only proposed action on the negative 

declaration for the Oil and Natural Gas 

CTG in table 2 and did not propose 

action on any other elements of the 

submittal. In both cases, the negative 

declarations for the Oil and Natural Gas 

CTG were submitted for the 2008 and 

2015 ozone National Ambient Air 

Quality Standards (NAAQS).2 3


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