[Federal Register Volume 89, Number 213 (Monday, November 4, 2024)]
[Rules and Regulations]
[Pages 87500-87505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25460]


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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.

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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 <a href="/cdn-cgi/l/email-protection#710314191f5f130318101f311401105f161e07"><span class="__cf_email__" data-cfemail="bcced9d4d292deced5ddd2fcd9ccdd92dbd3ca">[email protected]</span></a>.

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-Wilmington-Atlantic City 
nonattainment area for the 2015 ozone NAAQS (i.e., Kent and New Castle 
Counties) and the SIP-strengthening (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 Philadelphia-Wilmington-Atlantic City, PA-NJ-
MD-DE ozone nonattainment area, and also

[[Page 87501]]

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 
tampering-related 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 
SIP-strengthening (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\
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    \1\ See 21 Delaware Code 2143.
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    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.
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    \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.
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    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 SIP-approved 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.
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    \3\ EPA'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 (CO<INF>2</INF>),'' ``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.''
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    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 medium-duty 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

[[Page 87502]]

(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 SIP-approved 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).
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    \4\ This 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 
(CO<INF>2</INF>),'' ``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 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.''
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    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.
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    \5\ See 75 FR 48566 (August 11, 2010).
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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 sip-
strengthening I/M program in Sussex County, and incorporation of non-
regulatory 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-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 tampering-related 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\
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    \6\ 62 FR 27968 (May 22, 1997).
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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

[[Page 87503]]

impose additional requirements beyond those imposed by state law. For 
that reason, this action:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
    <bullet> 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

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. Amend Sec.  52.420:
0
a. In the table in paragraph (c) by:
0
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'';
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
0
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:


Sec.  52.420   Identification of plan.

* * * * *
    (c) * * *

[[Page 87504]]



                           EPA--Approved Regulations and Statutes in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
                                                       State effective                            Additional
 State regulation (7 DNREC 1100)     Title/subject           date        EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                              1126 MOTOR VEHICLE INSPECTION PROGRAM--SUSSEX COUNTY
----------------------------------------------------------------------------------------------------------------
Section 1.0.....................  Applicability and          1/1/2023   11/4/2024, [INSERT   Regulation 1126
                                   General Provisions.                   FIRST PAGE OF        applies to Sussex
                                                                         FEDERAL REGISTER     County only, as of
                                                                         CITATION].           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         1/1/2023   11/4/2024, [INSERT
                                   Requirements.                         FIRST PAGE OF
                                                                         FEDERAL REGISTER
                                                                         CITATION].
Section 5.0.....................  Motor Vehicle Anti-        1/1/2023   11/4/2024, [INSERT
                                   Tampering                             FIRST PAGE OF
                                   Requirements.                         FEDERAL REGISTER
                                                                         CITATION].
Section 6.0.....................  On-Road Inspection         1/1/2023   11/4/2024, [INSERT
                                   Standards and Test                    FIRST PAGE OF
                                   Procedures.                           FEDERAL REGISTER
                                                                         CITATION].
Section 7.0.....................  Vehicle Emission           1/1/2023   11/4/2024, [INSERT
                                   Inspection Waivers.                   FIRST PAGE OF
                                                                         FEDERAL REGISTER
                                                                         CITATION].
Section 8.0.....................  Certified Emission         1/1/2023   11/4/2024, [INSERT
                                   Repair Technicians.                   FIRST PAGE OF
                                                                         FEDERAL REGISTER
                                                                         CITATION].
Section 9.0.....................  Enforcement and            1/1/2023   11/4/2024, [INSERT
                                   Registration                          FIRST PAGE OF
                                   Denial.                               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   REGULATION 1131
                                                                         FIRST PAGE OF        APPLIES TO KENT
                                                                         FEDERAL REGISTER     AND NEW CASTLE
                                                                         CITATION].           COUNTIES.
Section 2.0.....................  Applicability and          1/1/2023   11/4/2024, [INSERT
                                   General Provisions.                   FIRST PAGE OF
                                                                         FEDERAL REGISTER
                                                                         CITATION].
Section 3.0.....................  Definitions........        1/1/2023
Section 4.0.....................  Vehicle Inspection         1/1/2023   11/4/2024, [INSERT
                                   Requirements.                         FIRST PAGE OF
                                                                         FEDERAL REGISTER
                                                                         CITATION].
Section 5.0.....................  Motor Vehicle Anti-        1/1/2023   11/4/2024, [INSERT
                                   Tampering                             FIRST PAGE OF
                                   Requirements.                         FEDERAL REGISTER
                                                                         CITATION].
Section 6.0.....................  On-Road Inspection         1/1/2023   11/4/2024], [INSERT
                                   Standards and Test                    FIRST PAGE OF
                                   Procedures.                           FEDERAL REGISTER
                                                                         CITATION].
Section 7.0.....................  Vehicle Emission           1/1/2023   11/4/2024, [INSERT
                                   Inspection Waivers.                   FIRST PAGE OF
                                                                         FEDERAL REGISTER
                                                                         CITATION].
Section 8.0.....................  Certified Emission         1/1/2023   11/4/2024, [INSERT
                                   Repair Technician.                    FIRST PAGE OF
                                                                         FEDERAL REGISTER
                                                                         CITATION].
Section 9.0.....................  Enforcement and            1/1/2023   11/4/2024, [INSERT
                                   Registration                          FIRST PAGE OF
                                   Denial.                               FEDERAL REGISTER
                                                                         CITATION].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

[[Page 87505]]



----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP          Applicable      State submittal                            Additional
            revision                geographic area          date        EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Motor Vehicle Emissions           Statewide..........      03/13/2023   11/4/2024, [INSERT   This Plan for
 Inspection Program; Plan for                                            FIRST PAGE OF        Implementation
 Implementation (PFI) for 7 DE                                           FEDERAL REGISTER     applies to both 7
 Admin Code 1126 and 7 DE Admin.                                         CITATION].           DE 1126 Motor
 Code 1131.                                                                                   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


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