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

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 Clean Air Act; 

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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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). 

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 

purposed of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Sulfur dioxide, Reporting and 

recordkeeping requirements. 

Dated: September 29, 2015. 

Ron Curry, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended 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 GG—New Mexico 

■ 2. In § 52.1620, the second table in 

paragraph (e) is amended by adding the 

entry ‘‘Infrastructure for the 2010 SO2

NAAQS’’ at the end of the table to read 

as follows: 

§ 52.1620 Identification of plan. 

* * * * * 

(e) * * * 

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP 

Name of SIP 

provision 

Applicable 

geographic or 

nonattainment area 

State 

submittal/ 

effective 

date 

EPA approval date Explanation 

*******

Infrastructure for the 2010 

SO2 NAAQS.

Statewide, except for 

Bernalillo County and Indian country.

2/14/2014 10/14/2015 [insert Federal 

Register citation].

Does not address CAA 

110(a)(2)(D)(i)(I). 

[FR Doc. 2015–25968 Filed 10–13–15; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 mediumduty 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 


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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 previouslylisted 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 mediumduty 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. 


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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, PADE-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-WilmingtonAtlantic 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, qualityassured 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 (mg/m3), 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 mg/

m3, 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 mg/m3 but 

revising the 24-hour NAAQS to 35 mg/ 

m3, 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 mg/m3 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 mg/ 

m3 to 12 mg/m3. 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 


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Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Rules and Regulations 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 lightduty motor vehicles to reduce GHG 

emissions and to improve fuel economy. 

This program affected new passenger 

cars, light-duty trucks, and mediumduty 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 salesweighted 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. 


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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, 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 198 / Wednesday, October 14, 2015 / Rules and Regulations 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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart I—Delaware 

■ 2. In § 52.420, the table in paragraph 

(c) is amended by: 

■ a. Removing the heading ‘‘1140 

Delaware’s National Low Emission 

Vehicle (NLEV)’’ and adding in its place 

‘‘1140 Delaware Low Emission Vehicle 

Program.’’ 

■ b. Revising the entries under heading 

number 1140 for Sections 1.0., 2.0 and 

3.0; and 

■ 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: 

§ 52.420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS AND STATUTES IN THE DELAWARE SIP 

State regulation 

(7 DNREC 1100) Title/subject 

State 

effective 

date 

EPA approval date Additional 

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 Certification Standards ........... 12/11/13 10/14/15[Insert Federal Register citation].

Section 5.0 .......................... New Vehicle Emission Requirements .... 12/11/13 10/14/15[Insert Federal Register citation].

Section 6.0 .......................... Manufacturer Fleet Requirements ......... 12/11/13 10/14/15[Insert Federal Register citation].

Section 7.0 .......................... Warranty ................................................. 12/11/13 10/14/15[Insert Federal Register citation].

Section 8.0 .......................... Reporting and Record-Keeping Requirements.12/11/13 10/14/15[Insert Federal Register citation].

Section 9.0 .......................... Enforcement ........................................... 12/11/13 10/14/15[Insert Federal Register citation].

Section 10.0 ........................ Incorporation by Reference ................... 12/11/13 10/14/15[Insert Federal Register citation].

Section 11.0 ........................ Document Availability ............................. 12/11/13 10/14/15[Insert 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 228 

[EPA–R04–OW–2014–0372; FRL–9934–57– 

Region 4] 

Ocean Dumping: Expansion of an 

Ocean Dredged Material Disposal Site 

Offshore of Jacksonville, Florida 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule and technical 

amendment. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing an expansion 

of the ocean dredged material disposal 

site (ODMDS) site offshore of 

Jacksonville, Florida pursuant to the 

Marine Protection, Research and 

Sanctuaries Act, as amended (MPRSA). 

The EPA decided to finalize the 

expansion of the site because the site 

expansion is needed to serve the longterm need for a location to dispose of 

material dredged from the St. Johns 

River navigation channel, and to 

provide a location for the disposal of 

dredged material for persons or entities 

who have received a permit for such 

disposal. The newly expanded site will 

be subject to ongoing monitoring and 

management to ensure continued 

protection of the marine environment. 

In addition to the designation, the EPA 

now issues a technical amendment to 

correct a clerical error in the proposed 

rule. 

DATES: The effective date of this final 

action shall be November 13, 2015. 

ADDRESSES: Docket: All documents in 

the Docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information 

may not be publicly available, e.g., 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available or in hard 

copy at the EPA Region 4 Office, 61 

Forsyth Street SW., Atlanta, Georgia 

30303. The file will be made available 

for public inspection in the Region 4 


tkelley on DSK3SPTVN1PROD with RULES