Approval and Promulgation of Air Quality Implementation Plans; State of Delaware; Enhanced Motor Vehicle Inspection and Maintenance Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DE-28-1007; FRL-5684-3]

Approval and Promulgation of Air Quality Implementation Plans;

State of Delaware; Enhanced Motor Vehicle Inspection and Maintenance

Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed conditional approval.

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SUMMARY: EPA is proposing conditional approval of a State

Implementation Plan (SIP) revision submitted by the State of Delaware.

This revision establishes and requires the implementation of a low

enhanced motor vehicle inspection and maintenance (I/M) program in the

counties of Kent and New Castle. The intended effect of this action is

to propose conditional approval of the Delaware enhanced motor vehicle

I/M program. EPA is proposing conditional approval because Delaware's

SIP revision is deficient in certain aspects with respect to the

requirements of the Clean Air Act and EPA's I/M program regulations.

EPA regards the following deficiencies of the Delaware program as those

most significantly affecting the program's operation: Lack of legal

authority, finalized program regulations, certain testing and quality

control procedures, waiver requirements; program evaluation

requirements, sufficient quality control procedures and requirements;

complete equipment specifications; specific enforcement requirements;

certain public information and consumer enforcement requirements;

certain public information and consumer protection requirements;

sufficient enforcement authority; sufficient test documentation through

test memoranda and procedural memoranda. EPA is currently working with

the State on correcting these deficiencies. Delaware conducted a public

hearing on December 18, 1996 on additional revisions to the Delaware I/

M SIP which are intended to remedy some of the deficiencies noted in

this notice. However, today's rulemaking applies to Delaware's I/M SIP

submissions of February 24, 1995 and November 30, 1995 which are

currently pending before EPA. EPA expects that Delaware will work,

promptly to remedy these items, through future submissions necessary to

meet the I/M rule requirements. In this notice, EPA cites its concerns

with the Delaware I/M program. While some of these concerns are less

significant to the program's immediate success, they still need to be

corrected so as to achieve the program's full air quality protection

potential. This action is taken under section 110 of the Clean Air Act.

DATES: Comments must be received on or before March 7, 1997.

ADDRESSES: Comments may be mailed to David L. Arnold, Chief, Ozone/CO &

Mobile Sources Section, Mailcode 3AT21, U.S. Environmental Protection

Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania

19107. Copies of the documents relevant to this action are available

for public inspection during normal business hours at the Air,

Radiation, and Toxics Division, U.S. Environmental Protection Agency,

Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107 and

the Delaware Department of Natural Resources and Environmental Control,

Air Quality Management Section, Division of Air and Waste Management,

89 Kings Highway, PO Box 1401, Dover, Delaware, 19903.

FOR FURTHER INFORMATION CONTACT: Paul T. Wentworth, P.E. at 215566-2183

at the EPA Region III address above, or via e-mail at

Wentworth.P[email protected]. While information may be requested via

e-mail, comments must be submitted in writing to the Region III office.

SUPPLEMENTARY INFORMATION:

I. Introduction

Motor vehicles are significant contributors of volatile organic

compounds (VOC), carbon monoxide (CO) and nitrogen oxide (NOX)

emissions. An important control measure to reduce these emissions is

the implementation of a motor vehicle I/M program. Despite being

subject to the most rigorous vehicle pollution control program in the

world, cars and trucks still create toxic contaminants, about half of

the ozone air pollution and nearly all of the carbon monoxide air

pollution in United States cities. Of all highway vehicles, passenger

cars and light-duty trucks emit most of the vehicle-related carbon

monoxide and ozone-forming hydrocarbons. They also emit substantial

amounts of nitrogen oxides and air toxics. Although the U.S. has made

progress in reducing emissions of these pollutants, total fleet

emissions remain high. This is because the number of vehicle miles

traveled on U.S. roads has doubled in the last 20 years to 2 trillion

miles per year, offsetting much of the technological progress in

vehicle emission control over the same two decades. Projections

indicate that the steady growth in vehicle travel will continue.

Ongoing efforts to reduce emissions from individual vehicles will be

necessary to achieve our air quality goals.

Today's cars are absolutely dependent on properly functioning

emission controls to keep pollution levels low. Minor malfunctions in

the emission control system can increase emissions significantly, and

the average car on the road emits three to four times the new car

standard. Major malfunctions in the emission control system can cause

emissions to skyrocket. As a result, 10

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to 30 percent of cars are causing the majority of the vehicle-related

pollution problem. Unfortunately, it is rarely obvious which cars fall

into this category, as the emissions themselves may not be noticeable

and emission control malfunctions do not necessarily affect vehicle

driveability.

Effective I/M programs, however, can identify these problem cars

and assure their repair. I/M programs ensure that cars are properly

maintained during customer use. I/M produces emission reduction results

soon after the program is put in place. The Clean Air Act as amended in

1990 (herein referred to as the Act) requires that most polluted areas

adopt either ``basic'' or ``enhanced'' I/M programs, depending on the

severity of the problem and the population of the area. The moderate

ozone nonattainment areas, plus marginal ozone areas with existing or

previously required I/M programs, fall under the ``basic'' I/M

requirements. Enhanced programs are required in serious, severe, and

extreme ozone nonattainment areas with urbanized populations of 200,000

or more; CO areas that exceed a 12.7 parts per million (ppm) design

value 1 with urbanized populations of 100,000 or more in the

Northeast Ozone Transport Region (OTR).

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\1\ The air quality design value is estimated using EPA

guidance. Generally, the fourth highest monitored value with 3

complete years of data is selected as the ozone design value because

the standard allows one exceedance for each year. The highest of the

second high monitored values with 2 complete years of data is

selected as the carbon monoxide design value.

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``Basic'' and ``enhanced'' I/M programs both achieve their

objective by identifying vehicles that have high emissions as a result

of one or more malfunctions, and by requiring them to be repaired. An

``enhanced'' program covers more of the vehicles in operation, employs

inspection methods that are better at finding high emitting vehicles,

and has additional features to better assure that all vehicles are

tested properly and effectively repaired.

The Act requires states to make changes to improve existing I/M

programs or to implement new ones for certain nonattainment areas.

Section 182(a)(2)(B) of the Act directed EPA to publish updated

guidance for I/M programs, taking into consideration findings of the

Administrator's audits and investigations of these programs. The Act

further requires each area to have an I/M program that incorporates

this guidance into the SIP. Based on these requirements, EPA

promulgated I/M regulations on November 5, 1992 (57 FR 52950, codified

at 40 Code of Federal Regulations (CFR) 51.350-51.373, herein referred

to as the November 1992 Rule. Flexibility amendments to this rule,

which provided for a low enhanced I/M performance standard were

published on September 18, 1995 (60 FR 48029) and additional I/M

flexibility amendments for qualified areas in the OTR were published on

July 25, 1996 (61 FR 39031).

Under sections 182(c)(3), 187(a)(6) and 187(b)(1) of the Act, any

area having a 1980 Bureau of Census-Defined urbanized area populations

of 200,000 or more and that is either: (1) Designated as serious or

worse ozone nonattainment or (2) moderate or serious CO attainment

areas with a design value greater than 12.7 ppm. shall implement

enhanced I/M in the 1990 Census-defined urbanized area. The Act also

established the OTR in the Northeastern United States which includes

the States of Maine, Vermont, New Hampshire, Massachusetts, Rhode

Island, Connecticut, Pennsylvania, New York, New Jersey, Delaware,

Maryland, and Northern Virginia and the District of Columbia. Sections

182(c)(3) and 184(b)(1)(A) of the Act require the implementation of

enhanced I/M programs in all metropolitan statistical areas (MSAs)

located in the OTR that have a population of 100,000 or more people.

EPA's rules for I/M established a low and high enhanced standard.

The high enhanced I/M program achieves a greater reduction in emissions

(approximately 36%) and uses a highly technical test method. The low

enhanced I/M performance standard provides flexibility for

nonattainment areas that are required to implement enhanced I/M

programs but which can meet the Act's emission reduction requirements

for reasonable further progress (commonly referred to as 15% plans) and

attainment from other sources without the stringency of the high

enhanced I/M performance standard (60 FR 48029). All other provisions

of the November 5, 1992 I/M rule, except as revised in 60 FR 48029 for

extension of waivers and expenditure requirements, remain applicable to

states available for low enhanced I/M. 40 CFR 51.35(g) provides that

states may select the low enhanced performance standard if they have an

approved SIP for 15%. In today's Federal Register EPA is also proposing

conditional approval of Delaware's 15% plan.

The I/M regulation also establishes requirements for the following:

Network type and program evaluation; adequate tools and resources; test

frequency and convenience; vehicle coverage; test procedures and

standards; test equipment; quality control; waivers and compliance via

diagnostic inspection; motorist compliance enforcement; motorist

compliance enforcement program oversight; quality assurance;

enforcement against contractors, stations and inspectors; data

collection; data analysis and reporting; inspector training and

licensing or certification; public information and consumer protection;

improving repair effectiveness; compliance with recall notices; on-road

testing; SIP revisions; and implementation deadlines. The performance

standard for the high enhanced I/M program is different from the low

enhanced program in that the high enhanced performance standard is

based on high-technology transient test, known as IM240, for new

technology vehicles (i.e, those with closed-loop control and

especially, fuel injected engines), including a transient loaded

exhaust short test incorporating hydrocarbons (HC), CO and NOX

cutpoints, and evaporative system integrity (pressure) test and an

evaporative system performance (purge) test. The low enhanced

performance standard, however, allows for idle testing in place of

high-tech testing.

Under the November 1992 I/M Rule enhanced I/M programs were

required to initially begin phased-in implementation by January 1,

1995, with final full implementation slated for January 1, 1996. Due to

recent EPA rule changes, and the flexibility afforded by the National

Highway Systems Designation Act of 1995 (NHA), EPA believes, as

explained below, that all states should be afforded extra time to begin

full implementation of their enhanced I/M programs.

II. Background

Delaware is part of the OTR and contains the following portions of

the MSA that have a population of 100,000 or more: The MSA containing

Kent and the MSA containing New Castle Counties. Section 182(c)(3) and

184(b)(1)(A) of the Act requires all states in the OTR region which

contain MSAs or parts thereof with populations of 100,000 or more, to

submit a SIP revision for an enhanced I/M program. Furthermore, both

Kent and New Castle Counties are part of the Philadelphia-Wilmington-

Trenton severe ozone nonattainment area. Section 51.351(g) of the

November 1992 I/M rule as amended by 60 FR 48029 provides that states

may select the low enhanced performance standard if they have an

approved SIP for 15%. As previously stated, EPA is, today, also

proposing

[[Page 5363]]

conditional approval of Delaware's 15% plan.

On February 17, 1995 the Delaware Department of Natural Resources

and Environmental Control (DNREC) officially submitted to EPA a

revision to the Delaware SIP for an I/M program in Delaware, Kent and

New Castle Counties. The submittal consisted of a copy of the final

regulations in Regulation Numbers 26 and 33 of the Delaware Regulations

Governing the Control of Air Pollution, by way of Secretary Order

number 95-A-0012. On November 30, 1995 Delaware officially submitted

the performance standard evaluation as a supplement to the February 17,

1995 SIP submittal. The performance standard evaluation provides for a

low enhanced I/M program. Regulation 26 provides for the requirement

that all repairs be done by a certified repair technician. Regulation

33 provides for pressure test and anti-tampering checks on vehicles in

Kent and New Castle Counties.

EPA's summary of the requirements of the November 1992 I/M Rule as

found in 40 CFR 51.350 through 51.373, and EPA's analysis of Delaware's

submittal are outlined below. A more detailed analysis of Delaware's

submittal is contained in a Technical Support Document (TSD) dated 11/

27/96 which is available from the Region III office, listed in the

ADDRESSES section. Parties desiring additional details on the federal

I/M regulation are referred to the November 5, 1992 Federal Register

notice (57 FR 52950) or 40 CFR 51.350-51.37, as well as the I/M

Flexibility Amendments in the September 18, 1995 Federal Register

notice (60 FR 48029) and the additional I/M flexibility amendments for

qualified areas in the OTR, published on July 25, 1996 at (61 FR 39031)

III. EPA's Analysis of Delaware's Low Enhanced I/M Program

As discussed above, section 182(c)(3), 184(b)(1)(A), 87(a)(6) and

187(b)(1) of the Act require that States adopt and implement

regulations for an enhanced I/M program in certain areas. Based upon

EPA's review of Delaware's submittal, EPA believes Delaware has not

completely satisfied all aspects of the Act and the November 1992 I/M

Rule. EPA has cited the deficiencies of Delaware's low enhanced I/M

program, below. EPA proposes to conditionally approve the SIP if

Delaware commits within 30 days of this proposal to correct the

deficiencies identified by this document by a date certain within 1

year of the final conditional ruling. If Delaware corrects the

deficiencies by that date, and submits a new SIP revision, EPA will

conduct a rulemaking to fully approve the revision. Each of the

conditions must be fulfilled by Delaware and submitted to EPA as an

amendment to Delaware's I/M SIP revision. If such commitment is not

made within 30 days, EPA proposes in the alternative to disapprove the

SIP revision. If Delaware does make a timely commitment, but the

conditions are not met by the specified date within 1 year, EPA

proposes that this rulemaking will convert to a final disapproval. EPA

would notify Delaware by letter that the conditions have not been met

and that the conditional approval has converted to a disapproval.

Applicability--40 CFR 51.350

Sections 182(c)(3) and 184(b)(1)(A) of the Act and 40 CFR 51.350

require all areas that are classified as serious or worse nonattainment

areas and states in the OTR which contain MSAs or parts thereof with

populations of 100,000 or more to implement an enhanced I/M program.

Areas classified as marginal for ozone or moderate for CO shall meet

the requirements of a basic I/M program. Delaware is part of the OTR.

Kent and New Castle are Delaware counties that fall under the November

1992 I/M Rule. Kent and New Castle Counties are classified as severe

nonattainment for ozone and are implementing a low enhanced I/M

program.

The federal I/M regulation requires that legislation authorizing

the program shall not sunset prior to the attainment deadline.

Delaware's legislation, 7 Delaware Code, Chapter 67, Section 6702

provides authority to implement the program. However, this legislation

is open ended and does not specify a date certain up to which the

program is to continue. EPA needs confirmation through a commitment or

statement by an authorized Delaware official that the program shall

remain in effect for as long as required by law.

Federal I/M regulation requires that SIPs include a list of the ZIP

codes of all areas covered by the I/M program. This is not contained in

the current Delaware SIP submittal. EPA needs to receive a submitted

document that details the ZIP codes of all areas covered by the I/M

program.

Therefore, EPA proposes to conditionally approve the Delaware SIP

based upon a commitment from Delaware within 30 days, to provide a

statement from an authorized official that the authority to implement

Delaware's I/M program as stated above will continue through to

attainment and to provide ZIP code information for the affected

counties under the I/M program. Additional information needed to remedy

the deficiencies in this section is explained in Sec. 51.350 of the I/M

Rule and the list in the TSD prepared by EPA on this rulemaking.

Enhanced I/M Performance Standard--40 CFR 51.351

In accordance with the Act and with the November 1992 I/M Rule, the

enhanced I/M program must be designed and implemented to meet or exceed

a minimum performance standard, which is expressed as emission levels

in area-wide average grams per mile (gpm) for certain pollutants. The

performance standard shall be established using local characteristics,

such as vehicle mix and local fuel controls, and the following

parameters: network type, start date, test frequency, model year

coverage, vehicle type coverage, exhaust emission test type, emission

standards, emissions control device, evaporative system function

checks, stringency, waiver rate, compliance rate, and evaluation date.

The emission levels achieved by the Delaware's program design shall be

calculated using the most current version, at the time of submittal, of

the EPA mobile source emissions factor model. Areas shall meet the

performance standard for the pollutants which cause them to be subject

to enhanced I/M requirements. In the case of ozone nonattainment areas,

the performance standard must be met for both NOX and HC. The

Delaware submittal must meet the low enhanced I/M performance standard

for HC and NOX in Kent and New Castle Counties.

The Delaware submittal includes a modeling demonstration of the

performance standard that uses the following program design parameters.

EPA here notes that not all of Delaware's parameter assumptions are

acceptable, and as a condition of this rulemaking Delaware must remodel

its program and demonstrate compliance with the I/M performance

standard:

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Parameter Delaware's program

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Network Type........................... Centralized test-only.

Start Date............................. 1983 for existing programs;

1995 for area subject to the

1990 CAA.

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Frequency.............................. Biennial.

Model Years............................ 1968 and beyond.

Vehicle type coverage.................. Light duty gasoline vehicles

(LDGV), Light duty gasoline

trucks 1 & 2 (LDT1, LDT2).

Exhaust emission test type............. Idle testing of all covered

vehicles.

Emission standards..................... Hydrocarbons: 220 ppm as hexane

carbon monoxide: 1.2%.

Emission control....................... Pressure test and visual check

of fuel inlet restrictor, gas

cap, catalytic convertor For:

1968+ LDGV, 1970+ LDGT1 &

LDGT2.

Evaporative System..................... Pressure decay test for above

vehicle types.

Stringency rate........................ 20% Pre 1981 models.

Waiver rate........................... 3%.

Compliance rate........................ 96%.

Evaluation dates....................... 1996, 1999, 2002, 2005, and

2007.

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The federal I/M rule requires on-road testing of at least 0.5% of

the subject vehicle population, or 20,000 whichever is less, as a

supplement to the periodic inspection required by the rule. Delaware

does not have adopted regulations that implement an on-road testing

program. Delaware will need to adopt regulations requiring on-road

testing. Therefore, EPA proposes to conditionally approve the Delaware

SIP based on receiving within 30 days of the publication of this

notice, Delaware's commitment to submit to EPA by a date certain,

within 1 year of the final conditional rulemaking, adopted regulations

that implement an on-road vehicle testing program as called out in

Sec. 51.351(b) of the November 1992 I/M Rule. Additional information

needed to remedy the deficiencies in this section is explained in

Sec. 51.351 of the I/M Rule and the list in the TSD.

Network Type and Program Evaluation--40 CFR 51.353

The enhanced program must include an ongoing evaluation to quantify

the emission reduction benefits of the program, and to determine if the

program is meeting the requirements of the Act and the federal I/M

regulations. The SIP shall include details on the program evaluation

and shall include a schedule for submittal of biennial evaluation

reports, data from a State monitored or administered mass emissions

test of at least 0.1% of the vehicles subject to inspection each year,

a description of the sampling methodology, the data collection and

analysis system and the legal authority enabling the evaluation

program. In addition to these requirements, Delaware is required, in

accordance with this section of the November 1992 I/M Rule, to provide

in the biennial report, the results of undercover surveys of inspector

effectiveness related to identifying vehicles in need of repair. Also,

Delaware is required, in its biennial reports, to provide local fleet

emissions factors in assessing the actual effectiveness of the I/M

program.

The November 1992 I/M Rule requires that SIPs include a description

of the evaluation schedule and protocol, the sampling methodology, the

data collection and analysis system, the resources and personnel for

evaluation and related details of the evaluation program, and the legal

authority enabling the evaluation program.

Delaware has legal authority to operate a motor vehicle program as

stated in 7 Delaware Code, Chapter 60, Section 6010. However,

Delaware's submittal contains no narrative description, regulations or

procedures to address program evaluation; the network type is not

specified; and there is no commitment that Delaware will in fact

evaluate the program.

Regarding program evaluation elements, EPA needs to see evidence

through procedures and or regulation that the following elements are

addressed: (1) A provision for the first biennial evaluation to be

reported to EPA by July 1997; (2) a description of the evaluation

schedule, protocol, sampling methodology, data collection and analysis,

and the resources and personnel for the evaluation program.

Therefore, EPA proposes to conditionally approve the Delaware SIP

based on receiving within 30 days of the publication of this notice,

Delaware's commitment to submit to EPA by a date certain, within 1 year

of the final conditional rulemaking, a description of the evaluation

schedule and protocol, the sampling methodology, the data collection

and analysis system, the resources and personnel for evaluation and

related details of the evaluation program, and the legal authority

enabling the evaluation program. Additional information needed to

remedy the deficiencies in this section is explained in Sec. 51.353 of

the I/M Rule and the checklist in the TSD.

Adequate Tools and Resources--40 CFR 51.354

The federal regulation requires Delaware to demonstrate that

adequate funding of the program is available. A portion of the test fee

or separately assessed per vehicle fee shall be collected, placed in a

dedicated fund and used to finance the program. Alternative funding

approaches are acceptable if demonstrated that the funding can be

maintained. Reliance on funding from Delaware or local general fund is

not acceptable unless doing otherwise would be a violation of

Delaware's constitution. The SIP shall include a detailed budget plan

which describes the source of funds for personnel, program

administration, program enforcement, and purchase of equipment. The SIP

shall also detail the number of personnel dedicated to the quality

assurance program, data analysis, program administration, enforcement,

pubic education and assistance and other necessary functions.

Delaware's SIP submittal does not provide a description of

resources. EPA is aware that Delaware has funding through the 1993

House Bill 360 which dedicated 2.8 million dollars from state traffic

fines/violations to be used for the enhanced I/M program. However, a

copy of the enabling legislation for these funds was not included in

Delaware's submittals pending before EPA. EPA needs to receive a copy

of the document under official cover as well as additional details on

how the program is funded. It is not clear what monies are used for

current program operation, pressure test equipment, and where funding

will come from to purchase equipment to perform the required mass based

transient test. Delaware needs to provide these details.

Therefore, EPA proposes to conditionally approve the Delaware SIP

based on receiving within 30 days of the publication of this notice,

Delaware's commitment to submit to EPA by a date

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certain, within 1 year of the final conditional rulemaking, a detailed

budget plan which describes the source of funds for personnel, program

administration, program enforcement, and purchase, of equipment. This

submission must also include information on the number of personnel

dedicated to the quality assurance program, data analysis, program

administration, enforcement, public education and assistance and other

necessary functions. Additional information required to remedy the

deficiencies in this section is explained in Sec. 51.354 of the I/M

Rule and in the TSD.

Test Frequency and Convenience--40 CFR 51.355

The enhanced I/M performance standard assumes an annual test

frequency, however, other schedules may be approved if the performance

standard is achieved. The SIP shall describe the test year selection

scheme, how the test frequency is integrated into the enforcement

process and shall include the legal authority, regulations or contract

provisions to implement and enforce the test frequency. The program

shall be designed to provide convenient service to the motorist by

ensuring short wait times, short driving distances and regular testing

hours.

Delaware has stated that its program is a biennial testing program,

but Delaware does not have adopted regulations or a narrative

description of the program test frequency or what mechanisms are in

place to insure short wait times for the motorist during program

operation. Furthermore, the Delaware SIP does not identify safeguards

to ensure vehicles will be tested on schedule. The Delaware SIP

provides no regulations that require testing stations to test any

subject vehicle presented for a test during the station's operating

hours.

Therefore, EPA proposes to conditionally approve the Delaware SIP

based on receiving within 30 days of the publication of this notice,

Delaware's commitment to submit to EPA by a date certain, within 1 year

of the final conditional rulemaking, a description of the test year

selection scheme, and how the test frequency is integrated into the

enforcement process. This description must include the legal authority,

regulations or contract provisions to implement and enforce the test

frequency. The program must be designed to provide convenient service

to the motorist by ensuring short wait times, short driving distances

and regular testing hours. Additional information needed to remedy the

deficiencies in this section is explained in Sec. 51.355 of the I/M

Rule and in the TSD.

Vehicle Coverage--40 CFR 51.356

The performance standard for enhanced I/M programs assumes coverage

of all 1968 and later model year light duty vehicles and light duty

trucks up to 8,500 pounds Gross Vehicle Weight Rating (GVWR), and

includes vehicles operating on all fuel types. Other levels of coverage

may be approved if the necessary emission reductions are achieved.

Vehicles registered or required to be registered within the I/M program

area boundaries, and fleets primarily operated within the I/M program

area boundaries and belonging to the covered model years and vehicle

classes comprise the subject vehicles. Fleets may be officially

inspected outside of the normal I/M program test facilities, if such

alternatives are approved by the program administration, but shall be

subject to the same test requirements using the same quality control

standards as non-fleet vehicles and shall be inspected in independent,

test-only facilities, according to the requirements of 40 CFR

51.353(a). Vehicles which are operated on federal installations located

within an I/M program area shall be tested, regardless of whether the

vehicles are registered in state or local I/M area.

The federal I/M program regulation requires that SIPs include the

legal authority or rule necessary to implement and enforce the vehicle

coverage requirement, a detailed description of the number and types of

vehicles to be covered by the program, and a plan for how those

vehicles are to be identified including vehicles that are routinely

operated in the area but that may not be registered in the area. There

must also be a description of any special exemptions including the

percentage and number of vehicles to be impacted by the exemption.

Delaware's current submission provides no breakdown by model year

and weight. Since only gasoline powered internal combustion engines are

subject to the program as provided in Delaware regulations 26 and 33,

fuel type is not an issue. Additionally, the Delaware SIP submittal

pending before EPA does not provide for an accounting for registered

vehicles and those required to be registered in order to provide an

estimate of unregistered vehicles subject to the I/M program. It is

assumed that fleet vehicles are covered in the current regulations,

however, no provisions for fleet testing are in the regulations and no

authority to provide for fleet testing is given. There are no

provisions to address testing vehicles registered in other program

areas. The Delaware SIP sumittal does not address the federal fleet

inspection program. Delaware's regulations provide for vehicle

exemptions from its I/M program, however, the Delaware SIP submittal

does not include an estimate of vehicles or a percentage of the subject

fleet and no accounting is made in Delaware's emissions reduction

analysis.

EPA proposes to conditionally approve the Delaware SIP based on

receiving within 30 days of the publication of this notice, Delaware's

commitment to submit to EPA by a date certain, within 1 year of the

final conditional rulemaking, a description of vehicles covered by

Delaware's I/M program, broken down by model year and weight; an

accounting for registered vehicles and those required to be registered

in order to provide an estimate of unregistered vehicles subject to the

I/M program. Delaware also needs to submit provisions in its

regulations that provide for fleet testing; testing vehicles registered

in other program areas; and provide the legal authority or rules

necessary to implement fleet testing. With regard to the fleet

inspection program, Delaware needs to develop regulations and

procedures that address fleet inspections and account for this in its

vehicle coverage and in the modeling of the performance standard.

Delaware also needs to provide information on exempted vehicles

regarding number, fleet percentage and account for them in its

emissions reduction analysis. Additional information needed to remedy

deficiencies noted in this section is explained in Sec. 51.356 of the

I/M Rule and in the TSD.

Test Procedures and Standards--40 CFR 51.357

Written test procedures and pass/fail standards shall be

established and followed for each model year and vehicle type included

in the program. Test procedures and standards are detailed in 40 CFR

51.357 and in the EPA document entitled ``High-Tech I/M Test

Procedures, Emissions Standards, Quality Control Requirements, and

Equipment Specifications'', EPA-AA-EPSD-IM-93-1, dated April 1994. The

federal I/M regulations also require vehicles that have been altered

from their original certified configuration (i.e., engine or fuel

switching) to be tested in the same manner as other subject vehicles.

Delaware has provided detailed test procedures for each test as

well as pass/

[[Page 5366]]

fail standards for each applicable model year for each test. However,

Delaware needs to assure certain procedures conform with procedures

contained in Appendix B to Subpart S of the November 5, 1992 November

1992 I/M Rule. Also regulations/procedures need to be provided that:

(1) Ensure that initial tests are performed with no prior repair or

adjustment at the facility; (2) provide access to permit owner

observation; (3) provide for rejection of vehicles with missing

components or unsafe conditions; (4) provide for appropriate retesting

of primary and secondary components; and (5) address fuel and engine

switching. Delaware must ensure that its evaporative test standards

match EPA approved standards.

EPA proposes to conditionally approve the Delaware SIP based on

receiving within 30 days of the publication of this notice, Delaware's

commitment to submit to EPA by a date certain, within 1 year of the

final conditional rulemaking, regulations/procedures that address the

above deficiencies. Additional information needed to remedy the

deficiencies in this section is explained in Sec. 51.357 of the I/M

Rule and in the TSD.

Test Equipment--40 CFR 51.358

Computerized test systems are required for performing any

measurement on subject vehicles. The federal I/M regulation requires

that SIP submissions include written technical specifications for all

test equipment used in the program. The specifications shall describe

the emission analysis process, the necessary test equipment, the

required features, and written acceptance testing criteria and

procedures.

Delaware's submission contains written technical specifications

that addresses pass/fail criteria, calibration adjustments and quality

control for idle testing. However no test specifications are provided

for the idle or pressure tests. The State's submission does not

describe equipment acceptance testing criteria and procedures. The test

equipment is capable of testing all subject vehicles, however written

test equipment specifications are not contained in the submission.

Additionally, there is no commitment to update test equipment and no

description of the test system configuration.

EPA proposes to conditionally approve the Delaware SIP based on

receiving within 30 days of the publication of this notice, Delaware's

commitment to submit to EPA by a date certain, within 1 year of the

final conditional rulemaking, regulations/procedures that address the

general deficiencies noted above. Additional information needed to

remedy the deficiencies in this section is explained in Sec. 51.358 of

the I/M Rule and in the TSD.

Quality Control--40 CFR 51.359

Quality control measures shall insure that emissions measurement

equipment is calibrated and maintained properly and that inspection,

calibration records, and control charts are accurately created,

recorded and maintained.

Delaware has provided a description of quality control measures for

emissions measurement equipment, however, the remaining requirements of

this section have not been addressed. These include but are not limited

to: A quality control procedures manual or related document; proper

calibration measures and associated record keeping; preventive

maintenance measures/provisions for proper recording of quality control

information. In addition, the Delaware SIP does not contain provisions

for maintenance, calibration and insuring test accuracy; equipment

specifications; for steady-state and evaporative test equipment.

EPA proposes to conditionally approve the Delaware SIP based on

receiving within 30 days of the publication of this notice, Delaware's

commitment to submit to EPA by a date certain, within 1 year of the

final conditional rulemaking, regulations/procedures and/or documents

that address the general deficiencies noted above. Additional

information needed to remedy the deficiencies in this section is

explained in Sec. 51.359 of the I/M Rule and the checklist in the TSD.

Waivers & Compliance via Diagnostic Inspection--40 CFR 51.360

The federal I/M regulations allows for the issuance of a waiver,

which is a form of compliance with the program requirements that allows

a motorist to comply without meeting the appropriate test standards.

For enhanced I/M programs, an expenditure of at least $450 in repairs,

adjusted annually to reflect the change in the Consumer Price Index

(CPI) as compared to the CPI for 1989, is required in order to qualify

for a waiver. Waivers can only be issued after a vehicle has failed a

retest performed after all qualifying repairs have been made. Any

available warranty coverage must be used to obtain repairs before

expenditures can be counted toward the cost limit. Tampering related

repairs shall not be applied toward the cost limit. Repairs must be

appropriate to the cause of the test failure. The federal regulation

allows for compliance via a diagnostic inspection after failing a

retest on emissions and requires quality control of waiver assurance.

The SIP must set a maximum waiver rate and must describe corrective

action that would be taken if the waiver rate exceeds that committed to

in the SIP.

Delaware has provisions in its regulations for issuance of waivers

and has demonstrated that it has the necessary legal authority to issue

the waivers and administrate the waiver system. It establishes the

minimum dollar expenditure amounts for waivers to be issued in the

areas that are required to implement the basic I/M program. However, in

Kent and New Castle Counties, where the low enhanced program applies,

the same basic waiver rate is in place. This does not meet the minimum

requirement of $450 which is a statutory requirement of the Act.

Time extensions are part of Delaware's rule provisions, but these

provisions only partially fulfill the requirements regarding time

extensions under this section. The Delaware SIP provides for the

performance of a documented physical and functional analysis and for

the cut point requirements which are consistent with EPA requirements.

However, the Delaware SIP contains provisions that only partially

fulfill the requirements for the quality control of waiver issuance.

EPA proposes to conditionally approve the Delaware SIP based on

receiving within 30 days of the publication of this notice, Delaware's

commitment to submit to EPA by a date certain, within 1 year of the

final conditional rulemaking, regulations/procedures and/or documents

that address the general deficiencies mentioned above. Additional

information needed to remedy the deficiencies in this section is

explained in Sec. 51.360 of the I/M Rule and in the TSD.

Motorist Compliance Enforcement--40 CFR 51.361

The federal regulation requires that compliance shall be ensured

through the denial of motor vehicle registration in enhanced I/M

programs unless an exception for use of an existing alternative is

approved. SIPs shall provide information concerning the enforcement

process, legal authority to implementation and enforce the program, and

a commitment to a compliance rate to be used for modeling purposes and

to be maintained in practice.

[[Page 5367]]

As a condition for this approval, Delaware needs to provide EPA

with the specific details of its Motorist Compliance Enforcement

program. Although Delaware has a registration denial system, under the

basic I/M program, no details have been provided. The SIP submittal

must include a commitment to maintain a specified enforcement level to

be used for modeling purposes.

EPA proposes to conditionally approve the Delaware SIP based on

receiving within 30 days of the publication of this notice, Delaware's

commitment to submit to EPA by a date certain, within 1 year of the

final conditional rulemaking, regulations/procedures and/or documents

that address the general deficiencies noted above. Additional

information needed to remedy the deficiencies noted above is explained

in Sec. 51.361 of the I/M Rule and in the TSD.

Motorist Compliance Enforcement Program Oversight--40 CFR 51.362

The federal I/M regulation requires that the enforcement program

shall be audited regularly and shall follow effective program

management practices, including adjustments to improve operation when

necessary. The SIP shall include quality control and quality assurance

procedures to be used to insure the effective overall performance of

the enforcement system. An information management system shall be

established which will characterize, evaluate and enforce the program.

Although Delaware has motorist compliance enforcement oversight

procedures/regulations, they were not provided in the SIP submittal,

specifically, 7 Delaware Code, Chapter 67 for enforcement procedures.

These need to be provided to EPA along with the procedures manual.

EPA proposes to conditionally approve the Delaware SIP based on

receiving within 30 days of the publication of this notice, Delaware's

commitment to submit to EPA by a date certain, within 1 year of the

final conditional rulemaking, regulations/procedures and/or documents

that address the general deficiencies noted above. Additional

information needed to remedy the deficiencies noted above is explained

in Sec. 51.362 of the I/M Rule and in the TSD.

Quality Assurance--40 CFR 51.363

An ongoing quality assurance program shall be implemented to

discover, correct, and prevent fraud, waste and abuse in the program.

The program shall include covert and overt performance audits of the

inspectors, audits of station and inspector records, equipment audits,

and formal training of all State I/M enforcement officials and

auditors. A description of the quality assurance program which includes

written procedure manuals on the above discussed items must be

submitted as part of the SIP.

As a condition for approval, Delaware needs to provide the EPA

details of its existing quality assurance program that fulfill the

detailed requirements listed in Sec. 51.363 of the I/M rule.

EPA proposes to conditionally approve the Delaware SIP based on

receiving within 30 days of the publication of this notice, Delaware's

commitment to submit to EPA by a date certain, within 1 year of the

final conditional rulemaking, regulations/procedures and/or documents

that address the general deficiencies of this section. Additional

information needed to remedy the deficiencies in this section is

explained in Sec. 51.363 of the I/M Rule and in the TSD.

Enforcement Against Contractors, Stations and Inspectors--40 CFR 51.364

Enforcement against licensed stations, contractors, and inspectors

shall include swift, sure, effective and consistent penalties for

violation of program requirements. The federal I/M regulation requires

the establishment of minimum penalties for violations of program rules

and procedures which can be imposed against stations, contractors and

inspectors. The legal authority for establishing and imposing

penalties, civil fines, license suspensions and revocations must be

included in the SIP. State quality assurance officials shall have the

authority to temporarily suspend station and/or inspector licenses

immediately upon finding a violation that directly affects emission

reduction benefits, unless constitutionally prohibited. An official

opinion explaining any state constitutional impediments to immediate

suspension authority must be included in the submittal. The SIP shall

describe the administrative and judicial procedures and

responsibilities relevant to the enforcement process, including which

agencies, courts and jurisdictions are involved, who will prosecute and

adjudicate cases and the resources and sources of those resources which

will support this function.

7 Delaware Code, Chapter 60, section 6010 provides general

authority to Secretary to adopt regulations necessary to implement

program. However, Delaware has provided no procedures that address any

requirements of this section. No specific regulation is provided for

enforcement against stations, inspectors, or contractors, nor is a

penalty schedule provided. Delaware has not demonstrated that it has

existing regulations under the basic I/M program.

The EPA proposes to conditionally approve the Delaware SIP based on

receiving within 30 days of the publication of this notice, Delaware's

commitment to submit to EPA by a date certain, within 1 year of the

final conditional rulemaking, adopted regulations, rules and procedures

that address the deficiencies of this section. Additional information

needed to remedy the deficiencies in this section is explained in

Sec. 51.364 of the I/M Rule and in the TSD.

Data Collection Section--40 CFR 51.365

Accurate data collection is essential to the management, evaluation

and enforcement of an I/M program. The federal I/M regulation requires

data to be gathered on each individual test conducted and on the

results of the quality control checks of test equipment required under

40 CFR Sec. 51.359.

Delaware's SIP did not address data collection. Delaware needs to

either demonstrate that it has existing data procedures that meet the

requirements of this section or develop and submit regulations/

provisions/procedures that meet this requirement.

The EPA proposes to conditionally approve the Delaware SIP based on

receiving within 30 days of the publication of this notice, Delaware's

commitment to submit to EPA by a date certain, within 1 year of the

final conditional rulemaking, adopted regulations/procedures that

address the deficiencies of this section. Additional information needed

to remedy the deficiencies in this section is explained in Sec. 51.365

of the I/M Rule and in the TSD.

Data Analysis and Reporting--40 CFR 51.366

Data analysis and reporting are required to allow for monitoring

and evaluation of the program by Delaware and EPA. The federal I/M

regulation requires annual reports to be submitted which provide

information and statistics and which summarize activities performed for

each of the following programs: Testing, quality assurance, quality

control and enforcement. These reports are to be submitted by July of

each year and shall provide statistics for the period from January to

December of the previous year. A separate biennial report shall be

submitted to EPA which addresses changes in program design,

regulations,

[[Page 5368]]

legal authority, program procedures and any weaknesses in the program

found during the two year period and how these problems will be or have

been corrected.

Delaware's SIP did not address data analysis and reporting

provisions. Delaware needs to either show EPA that it has existing data

analysis procedures that meet the requirements of this section or

develop and submit regulations/provisions/ procedures that meet this

requirement.

The EPA proposes to conditionally approve the Delaware SIP based on

receiving within 30 days of the publication of this notice, Delaware's

commitment to submit to EPA by a date certain, within 1 year of the

final conditional rulemaking, adopted regulations/procedures that

address the deficiencies of this section. Additional information needed

to remedy the deficiencies in this section is explained in Sec. 51.366

of the I/M Rule and in the TSD.

Inspector Training and Licensing or Certification--40 CFR 51.367

The federal I/M regulations requires all inspectors to be formally

trained and licensed or certified to perform inspections.

Regulation 26, Section 8 and Regulation 33, Section 8 requires

certification of motor vehicle officers. These regulations also have

provisions stipulating that motor vehicle officers complete a training

course approved by the Delaware Division of Motor Vehicles. However, no

description of the training course is given in the submission.

The EPA proposes to conditionally approve the Delaware SIP based on

receiving within 30 days of the publication of this notice, Delaware's

commitment to submit to EPA by a date certain, within 1 year of the

final conditional rulemaking, adopted regulations/procedures that

address the deficiencies of this section. Additional information needed

to remedy the deficiencies in this section is explained in Sec. 51.367

of the I/M Rule and in the TSD.

Public Information and Consumer Protection--40 CFR 51.368

The federal I/M regulation requires the SIP to include public

information and consumer protection.

Delaware needs to provide provisions/measures that it will

implement to protect the consumer and provide for public awareness.

The EPA proposes to conditionally approve the Delaware SIP based on

receiving within 30 days of the publication of this notice, Delaware's

commitment to submit to EPA by a date certain, within 1 year of the

final conditional rulemaking, adopted regulations/procedures that

address the deficiencies of this section. Additional information needed

to remedy the deficiencies in this section is explained in Sec. 51.368

of the I/M Rule and in the TSD.

Improving Repair Effectiveness--40 CFR 51.369

Effective repairs are the key to achieving program goals. The

federal regulation requires states to take steps to ensure that the

capability exists in the repair industry to repair vehicles. The SIP

must include a description of the technical assistance program to be

implemented, a description of the procedures and criteria to be used in

meeting the performance monitoring requirements required in the federal

regulation and a description of the repair technician training

resources available in the community.

EPA understands that the Delaware Department of Natural Resources

and Environmental Control (DNREC) is jointly developing a technician

training course with the Delaware Community College. The Delaware SIP

must include information on this program as well as provisions for

monitoring performance of repair facilities.

The EPA proposes to conditionally approve the Delaware SIP based on

receiving within 30 days of the publication of this notice, Delaware's

commitment to submit to EPA by a date certain, within 1 year of the

final conditional rulemaking, adopted regulations/procedures that

address the deficiencies of this section. Additional information needed

to remedy the deficiencies in this section is explained in Sec. 51.369

of the I/M Rule and in the TSD.

Compliance with Recall Notices--40 CFR 51.370

The federal regulation requires that Delawares establish methods to

ensure that vehicles which are subject to enhanced I/M and are included

in an emission related recall receive the required repairs prior to

completing the emission test and/or renewing the vehicle registration.

Delaware must address all the provisions for recall notices under

the federal regulation and noted in the TSD and as required under

Sec. 51.370 of the November 1992 I/M Rule.

The EPA proposes to conditionally approve the Delaware SIP based on

receiving within 30 days of the publication of this notice, Delaware's

commitment to submit to EPA by a date certain, within 1 year of the

final conditional rulemaking, adopted regulations/procedures that

address the deficiencies in this Section. Additional information needed

to remedy the deficiencies in this section is explained in Sec. 51.370

of the I/M Rule and in the TSD.

On-Road Testing--40 CFR 51.371

On-road testing is required in enhanced I/M areas. The use of

either remote sensing devices (RSD) or roadside pullovers including

tailpipe emission testing can be used to meet the federal regulations.

The program must include on-road testing of 0.5% of the subject fleet

or 20,000 vehicles, whichever is less, in the nonattainment area or the

I/M program area. Motorists that have passed an emissions test and are

found to be high emitters as a result of an on-road test shall be

required to pass an out-of-cycle test.

No legal authority to implement an on-road testing program was

included in the Delaware SIP. The general authority to implement a

program may be sufficient to require on-road testing, however, Delaware

has no regulations in place to implement on-road testing.

The EPA proposes to conditionally approve the Delaware SIP based on

receiving within 30 days of the publication of this notice, Delaware's

commitment to submit to EPA by a date certain, within 1 year of the

final conditional rulemaking, adopted regulations/procedures that

address the deficiencies of this section. Additional information needed

to remedy the deficiencies in this section is explained in Sec. 51.371

of the I/M Rule and in the TSD.

State Implementation Plan Submittals/ Submission Deadlines--40 CFR

51.372 through 51.373

Delaware's submittal contains the following: (1) The legislative

authority to implement the program; (2) Regulation 33 that adds a

requirement for a pressure test and anti-tampering checks on light duty

vehicles 1968 and newer and light duty trucks 1970 and newer in Kent

and New Castle Counties; (3) Regulation 26 that adds a requirement that

repairs on 1981 and later model year vehicles be performed by certified

repair technicians to qualify for a waiver. This program became

effective on January 1, 1997; and (4) the low enhanced performance

standard evaluation. Delaware has indicated that its pressure test and

anti-tampering program was effective as of January 1, 1995.

[[Page 5369]]

Delaware has demonstrated that the program meets the low-enhanced

performance standard. Delaware has shown that program will achieve an

air quality benefit. However, there are some specific administrative

requirements of the rule that they have not addressed. Delaware has not

adequately addressed: The waiver requirements; on-road testing

requirements; program evaluation using mass based transient test

procedure; specifics on network type and test frequency; sufficient

quality control procedures and requirements; complete equipment

specifications; specific enforcement requirements; public information

and consumer protection requirements; sufficient enforcement authority;

sufficient test document through test memoranda and procedural

memoranda.

EPA understands that Delaware has adopted certain legislation and

procedures that were not included in the submittals pending before EPA.

Once legislation, regulations and/or procedures have gone through the

adoption process, they will need to be officially submitted to EPA as a

SIP revision supplement to the I/M SIP. Where new regulations/

procedures are developed, the public notice and hearing process in

section 110 of Act must be followed. EPA has a list of missing

procedural manuals and enabling legislation in the TSD prepared on this

rulemaking. EPA believes that most of the noted deficiencies can be

addressed through regulation amendments and procedure manuals. The one

exception is the lack of provisions establishing a $450 waiver limit as

prescribed in the Act. All states with enhanced programs are required

to have this limit. EPA also remains concerned about how Delaware can

maintain a 3% waiver limit using a $200/$75 waiver amount. EPA believes

that the extension of the waiver deadline called out in the I/M rule,

as revised in 60 FR 48029, will afford Delaware the opportunity to

improve technician training so that by 1998, the majority of vehicles

would be repaired below the CPI adjusted $450 minimum waiver amount.

Nevertheless, Delaware must take corrective action to address the

waiver requirements and must also must take corrective action if the

waiver rate exceeds that provided for in the Delaware SIP.

Therefore, EPA proposes to conditionally approve the Delaware SIP

based upon a commitment from Delaware within 30 days, to adopt and

submit final regulations to EPA and cure all of the deficiencies

related to this section of the November 1992 I/M Rule as explained

above, by a date certain within 1 year. If Delaware fails to make the

commitment, EPA proposes in the alternative to disapprove the SIP. If

Delaware fails to meet the condition by the date specified, EPA

proposes to convert this rule making to a disapproval at that time by

letter.

EPA's review of the material indicates that with the conditions

described above, Delaware has adopted a low enhanced I/M program in

accordance with the requirements of the Act. EPA is proposing to

conditionally approve the Delaware I/M SIP revision which was submitted

to this office on February 24, 1995 and November 30, 1995 subject to

the conditions described above. EPA is soliciting public comments on

the issues discussed in this notice or on other relevant matters.

Interested parties may participate in the Federal rulemaking procedure

by submitting written comments to the EPA Regional offices listed in

the Addresses section of this notice.

Proposed Action

EPA proposes to conditionally approve the SIP if Delaware commits

within 30 days of this proposal to correct the deficiencies identified

by this document by a date certain within 1 year of the final

conditional ruling. If Delaware corrects the deficiencies by that date,

and submits a new SIP revision, EPA will conduct rulemaking to fully

approve the revision. Each of the conditions must be fulfilled by

Delaware and submitted to EPA as an amendment to Delaware's I/M SIP

revision. If such commitment is not made within 30 days, EPA proposes

in the alternative to disapprove the SIP revision. If Delaware does

make a timely commitment, but the conditions are not met by the

specified date within 1 year, EPA proposes that this rulemaking will

convert to a final disapproval. EPA would notify Delaware by letter

that the conditions have not been met and that the conditional approval

has converted to a disapproval.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C., 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the

requirements that Delaware is already imposing. Therefore, because the

Federal SIP approval does not impose any new requirements, EPA

certifies that it does not have a significant impact on any small

entities affected. Moreover, due to the nature of the Federal-State

relationship under the Act, preparation of a flexibility analysis would

constitute Federal inquiry into the economic reasonableness of State

action. The Act forbids EPA to base its actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);

42 U.S.C. 7410(a)(2).

If the conditional approval is converted to a disapproval under

section 110(k), based on Delaware's failure to meet the commitment, it

will not affect any existing State requirements applicable to small

entities. Federal disapproval of Delaware's submittal would not affect

its state-enforceability. Moreover, EPA's disapproval of the submittal

would not impose a new Federal requirement. Therefore, EPA certifies

that should this approval convert to a disapproval, this disapproval

action would not have a significant impact on a substantial number of

small entities because it would not remove existing requirements nor

would it substitute a new federal requirement.

Under section 202 of the Unfunded Mandates Reform Act of 1995.

(``Unfunded Mandates Act''), signed into law on March 22, 1995. EPA

must prepare a budgetary impact statement to accompany any proposed or

final that includes a Federal mandate that may result in estimated

costs to Delaware, local, or tribal governments in the aggregate; or to

the private sector, of $100 million or more. Under section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the approval action proposed/promulgated

does not include a Federal mandate that may result in estimated costs

of $100 million or more to either State, local, or tribal governments

in the aggregate, or to the private sector. This Federal action

approves requirements under State or local law, and imposes no new

Federal requirements. Accordingly, no additional costs to State, local,

or tribal governments, or to the private sector, result from this

action.

This action has been classified as a Table 3 action for signature

by the

[[Page 5370]]

Regional Administrator under the procedures published in the Federal

Register on January 19, 1989 (54 FR 2214-2225), as revised by a July

10, 1995 memorandum from Mary Nichols, Assistant Administrator for Air

and Radiation. The Office of Management and Budget (OMB) has exempted

this regulatory action from E.O. 12866 review.

If Delaware fails to meet any of the conditions of this approval

action, the EPA Regional Administrator would directly make a finding,

by letter, that the conditional approval had converted to a disapproval

and the clock for imposition of sanctions under section 179(a) of the

Act would start as of the date of the letter. Subsequently, a notice

would be published in the Federal Register announcing that the SIP

revision has been disapproved.

The Administrator's decision to approve or disapprove the Delaware

I/M SIP revision will be based on whether it meets the requirements of

section 110(a)(2) (A)-(K) of the Clean Air Act, as amended, and EPA

regulations in 40 CFR Part 51.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.

Authority: 42 U.S.C. 7401-7671q.

Dated: January 24, 1997.

W. Michael McCabe,

Regional Administrator, Region III.

[FR Doc. 97-2847 Filed 2-4-97; 8:45 am]

BILLING CODE 6560-50-P