Approval and Promulgation of Air Quality Implementation Plans; Delaware; Regulation To Reduce Idling of Heavy-Duty Vehicles, 51792-51795 [E9-24187]
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51792
Federal Register / Vol. 74, No. 194 / Thursday October 8, 2009 / Rules and Regulations
EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS—Continued
Name of nonregulatory SIP
provision
Applicable geographic or
nonattainment area
(48) Revised Maintenance Plan of
Doe Run Resource Recycling Facility near Buick, MO.
Dent Township in Iron County.
(49) Lead Maintenance Plan ...........
Iron County (part) within
boundaries of Liberty and
Arcadia Townships.
Kansas City ...........................
(50) Revision to Maintenance Plan
for the 1-hour ozone standard in
the Missouri portion of the Kansas City maintenance area for the
second ten-year period.
(51) CAA 110(a)(2)(D)(i) SIP—Interstate Transport.
(52) Submittal of the 2002 Base
Year Inventory for the Missouri
Portion of the St. Louis 8-hour
ozone nonattainment area and
Emissions Statement SIP.
(53) Maintenance Plan for the 8hour ozone standard in the Missouri portion of the Kansas City
area.
EPA approval date
Explanation
4/29/03
8/24/04, 69 FR 51953 ........
Furnace daily throughput limits required to be consistent with rule 10 CSR
10–6.120. Annual production cap in Doe Run construction permit not affected by this rulemaking.
1/26/04
10/29/04, 69 FR 63072.
10/28/05
6/26/06, 71 FR 36210.
Statewide ..............................
2/27/07
5/8/07, 72 FR 25085.
St. Louis ................................
6/15/06
5/31/07, 72 FR 30272.
Kansas City ...........................
5/23/07
8/9/07, 72 FR 44778 ..........
[FR Doc. E9–23474 Filed 10–7–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2009–0593; FRL–8967–1]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware; Regulation To Reduce Idling
of Heavy-Duty Vehicles
srobinson on DSKHWCL6B1PROD with RULES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking direct final
action to approve revisions to the
Delaware State Implementation Plan
(SIP). The revision contains a regulation
to reduce engine idling time for
operation of most heavy-duty vehicles
in the state, with certain exceptions.
EPA is approving this revision to the
Delaware SIP governing idling of heavy
duty vehicles in the State of Delaware.
EPA’s approval of this SIP revision is
being done in accordance with the
requirements of the Clean Air Act
(CAA).
DATES: This rule is effective on
December 7, 2009 without further
notice, unless EPA receives adverse
written comment by November 9, 2009.
If EPA receives such comments, it will
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16:37 Oct 07, 2009
State submittal date
Jkt 220001
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–2009–0593 by one of the
following methods:
A. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
B. E-mail:
fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2009–0593,
Cristina Fernandez, Chief, Air Quality
Planning Branch, Mailcode 3AP21, 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 Number EPA–R03–OAR–
2009–0593. EPA’s policy is that all
comments received will be included in
the public docket without change, and
may be made available online at
https://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
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This plan replaces numbers
(46) and (50).
information that you consider to be CBI
or otherwise protected through https://
www.regulations.gov or e-mail. The
https://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 e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
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
https://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
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Federal Register / Vol. 74, No. 194 / Thursday October 8, 2009 / Rules and Regulations
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
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 & 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:
Throughout this rulemaking action,
whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used,
we are referring to EPA. The following
outline is provided to aid in locating
information in this preamble.
srobinson on DSKHWCL6B1PROD with RULES
I. Summary of the SIP Revision
II. What Action Is EPA Taking?
III. Why Is EPA Approving Delaware’s SIP
Revision?
IV. Final Action
V. Statutory and Executive Order Reviews
I. Summary of the SIP Revision
EPA is approving a formal revision to
the Delaware State Implementation Plan
submitted by the state on August 12,
2005. This SIP revision consists of a
regulation (formerly titled Regulation
No. 45) that restricts extended idling of
most on-road heavy-duty vehicles (those
having a gross vehicle weight rating
(GVWR) of greater than 8,500 pounds)
while operating in the State of
Delaware. The regulation sets a time
limit of three consecutive minutes of
idling time (i.e., when a vehicle’s engine
is on, but it is not in motion). Section
5 of Delaware’s Regulation No. 45
specifies exemptions to the idling limit
for certain vehicle types and situations.
These exemptions include: temperaturebased exceptions for cold or hot days;
vehicles idling for use of a sleeper berth,
where the vehicle is not within 25 miles
of a parking facility with available
truckstop electrification equipment;
vehicles which are stuck in traffic;
vehicles being brought to
manufacturer’s recommended operating
temperature; vehicles using auxiliary
equipment powered by the engine (e.g.,
take-off power); emergency vehicles;
tactical military vehicles in training
operations; school and transit buses
with passengers onboard (or within five
minutes of passenger boarding); and
situations where a vehicle is being
repaired or is being tested to ensure safe
operation.
Per section 1 of Delaware’s rule, this
rule applies to ‘‘all on-road heavy-duty
motor vehicles with a GVWR of greater
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16:37 Oct 07, 2009
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than 8,500 pounds operating in the State
of Delaware.’’ Section 6 of Regulation
No. 45 indicates that this regulation is
enforceable under Title 7 Chapter 60
§§ 6005 and 6013 of the Delaware Code,
with violators subject to a penalty of not
less than $60 and no more than $500 for
each offense.
On June 15, 2009, Delaware submitted
a SIP revision which recodifies and
makes general administrative changes to
the regulatory language of its approved
or submitted SIP rules. This
recodification SIP revision does not
change the substance of the August 2005
SIP revision, but does affect the
numbering and format of the state
regulation contained in the August 2005
SIP revision. EPA will take separate
action on this renumbered version,
Regulation No. 1145, in a separate
rulemaking action along with a larger
Delaware recodification SIP action.
II. What Rulemaking Action Is EPA
Taking?
EPA is approving, via direct final
rulemaking action, Delaware’s
Regulation No. 45, entitled ‘‘Excessive
Idling of Heavy Duty Vehicles,’’ and is
incorporating this rule into the
Delaware SIP.
III. Why Is EPA Approving Delaware’s
SIP Revision?
Delaware Regulation No. 45 results in
reduced emissions of pollutants that
contribute to nonattainment of National
Ambient Air Quality Standards for
ozone and fine particulate matter.
Specifically Regulation 45 leads to
elimination of such pollutants resulting
from unnecessary extended idling of
heavy-duty vehicles. The pollutants
reduced by this regulation are volatile
organic compounds and nitrogen
oxides, both of which are ground level
ozone pollution precursors. Delaware’s
rule will also reduce emissions of
carbon monoxide, fine particulate
matter, and the greenhouse gas carbon
dioxide.
The approval of Delaware’s
Regulation No. 45 will strengthen the
Delaware SIP and assist the state in
meeting and maintaining compliance
with air quality standards, including the
national ambient air quality standards
for ground level ozone and fine
particulate matter.
Delaware’s Regulation No. 45 is
generally consistent with EPA’s ‘‘Model
State Idling Law’’ (EPA420–S–06–001,
April 2006). This model rule was
developed with input from the states
and affected industry to address
extended idling issues in a consistent
manner from state to state and to aid
those being regulated in compliance
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51793
with compliance with idling limits.
Although Delaware’s excessive idling
regulation was adopted in 2005, prior to
EPA’s issuance of its model state idling
rule, Delaware captured the major
elements of the EPA model rule in its
regulation.
IV. Final Action
EPA is approving Delaware’s Air
Quality Management Regulation No. 45,
entitled ‘‘Excessive Idling of Heavy Duty
Vehicles,’’ and incorporating this rule
into the Delaware SIP. The rule is
intended to reduce unnecessary idling
from heavy duty motor vehicle engines
within the boundaries of the state of
Delaware.
EPA is publishing this rule without
prior proposal because the Agency
views this as a noncontroversial
amendment and anticipates no adverse
comment. Similar provisions for
reduced idling have been adopted in
other states, and Delaware’s regulation
has been in place since 2005. Further,
Delaware’s Regulation No. 45 follows
the spirit of EPA’s model state idling
rule, so we anticipate the regulated
parties will understand Delaware’s
requirements as they relate to other
nearby states and localities with similar
excessive idling limits. However, in the
‘‘Proposed Rules’’ section of today’s
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 7, 2009
without further notice unless EPA
receives adverse comment by November
9, 2009. 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.
V. Statutory and Executive Order
Reviews
A. General Requirements
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
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Federal Register / Vol. 74, No. 194 / Thursday October 8, 2009 / Rules and Regulations
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 Clean Air Act.
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 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, 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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 7,
2009. 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 today’s 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.
This action to approve Delaware’s SIP
revision to reduce unnecessary idling of
heavy-duty vehicles 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, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: September 25, 2009.
William C. Early,
Acting Regional Administrator, Region III.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
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 adding an entry for
Regulation No. 45 at the end of the table
to read as follows:
■
§ 52.420
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED REGULATIONS IN THE DELAWARE SIP
State citation
State effective date
Title/subject
EPA approval date
Additional explanation
.
*
*
*
*
*
*
Regulation 45 Excessive Idling of Heavy Duty Vehicles
srobinson on DSKHWCL6B1PROD with RULES
Section 1 ..................................
Applicability .............................
4/11/05
Section 2 ..................................
Definitions ...............................
4/11/05
Section 3 ..................................
Severability .............................
4/11/05
Section 4 ..................................
Operational Requirements for
Heavy Duty Motor Vehicles.
Exemptions .............................
4/11/05
Section 5 ..................................
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51795
EPA-APPROVED REGULATIONS IN THE DELAWARE SIP—Continued
State effective date
State citation
Title/subject
Section 6 ..................................
Enforcement and Penalty .......
*
*
*
*
*
[FR Doc. E9–24187 Filed 10–7–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2009–0435; FRL–8966–3]
Approval and Promulgation of
Implementation Plans; Corrections to
the Arizona and Nevada State
Implementation Plans
srobinson on DSKHWCL6B1PROD with RULES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is deleting certain
statutes and rules that were erroneously
approved by EPA under the Clean Air
Act as part of the Arizona and Nevada
state implementation plans. The rules
that are the subject of this rule were
adopted by Pima County Health
Department in Arizona and the State
Environmental Commission, Clark
County District Board of Health, and
Washoe County District Board of Health
in Nevada. The statutes and rules that
EPA is deleting relate to general
declarations of policy, advisory
committees, variances, and incidental
fees and nuisance odors. EPA has
determined that the continued presence
of these statutory provisions and rules
in the applicable state implementation
plans is potentially confusing and thus
harmful to affected sources, the state,
local agencies, the general public and to
EPA. The intended effect of this action
is to delete these statutes and rules from
the Arizona and Nevada state
implementation plans.
DATES: This rule is effective on
December 7, 2009 without further
notice, unless EPA receives adverse
comments by November 9, 2009. If we
receive such comments, we will publish
a timely withdrawal in the Federal
Register to notify the public that this
direct final rule will not take effect.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2009–0435, by one of the
following methods:
VerDate Nov<24>2008
16:37 Oct 07, 2009
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4/11/05
EPA approval date
10/08/09 [Insert page number
where the document begins].
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions.
2. E-mail: allen.cynthia@epa.gov.
3. Mail or deliver: Cynthia Allen
(AIR–4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov portal is an
‘‘anonymous access’’ system, and EPA
will not know your identity or contact
information unless you provide it in the
body of your comment. If you send email directly to EPA, your e-mail
address will be automatically captured
and included as part of the public
comment. 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.
Docket: The index to the docket for
this action is available electronically at
https://www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While
all documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Cynthia Allen, Rules Office (AIR–4),
U.S. Environmental Protection Agency,
Region IX, (415) 947–4120,
allen.cynthia@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Why is EPA correcting the SIPs?
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Additional explanation
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II. What Statutory Provisions and rules are
being deleted?
III. Public Comment and Final Action
IV. Administrative Requirements
I. Why is EPA correcting the SIPs?
The Clean Air Act (CAA or ‘‘Act’’)
was first enacted in 1970. In the 1970’s
and early 1980s, thousands of state and
local agency regulations were submitted
to EPA for incorporation into state
implementation plans (SIPs) in order to
fulfill the new federal requirements. In
many cases, states submitted entire
regulatory air pollution programs,
including many elements not required
by the Act. Due to time and resource
constraints, EPA’s review of these
submittals focused primarily on the new
substantive requirements, and we
approved many other elements into the
SIP with minimal review.
We now recognize that many of these
elements were not appropriate for
approval into the SIPs because they are
not required for SIPs and are not related
to the SIPs’ purpose under CAA section
110(a) of implementing, maintaining,
and enforcing the national ambient air
quality standards. Examples of
inappropriately-approved SIP elements
include statutes and rules that consist of
general statements of policy; that govern
local advisory boards; that specify
incidental fees, method of payment, and
refunds; and that regulate nuisance
odors. Most of the statutes and rules we
are deleting in today’s action fall under
one of these categories.
In addition, we are deleting certain
variance-related provisions that were
orphaned by a previous EPA rulemaking
deleting most such provisions from the
Nevada Division of Environmental
Protection (NDEP) portion of the Nevada
SIP and the Pima County portion of the
Arizona SIP. See EPA’s proposed rule at
61 FR 38664 (July 25, 1996) and final
rule at 62 FR 34641 (June 27, 1997) for
the rationale concerning the
inappropriateness of variance
provisions in a SIP. As explained EPA
1996 rule proposing to remove various
variance-related provisions, variance
provisions are generally prohibited by,
and are not legally enforceable pursuant
to, section 110(i) of the Act.
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]]>Agencies
[Federal Register Volume 74, Number 194 (Thursday, October 8, 2009)]
[Rules and Regulations]
[Pages 51792-51795]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24187]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2009-0593; FRL-8967-1]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Regulation To Reduce Idling of Heavy-Duty Vehicles
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
Delaware State Implementation Plan (SIP). The revision contains a
regulation to reduce engine idling time for operation of most heavy-
duty vehicles in the state, with certain exceptions. EPA is approving
this revision to the Delaware SIP governing idling of heavy duty
vehicles in the State of Delaware. EPA's approval of this SIP revision
is being done in accordance with the requirements of the Clean Air Act
(CAA).
DATES: This rule is effective on December 7, 2009 without further
notice, unless EPA receives adverse written comment by November 9,
2009. 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-2009-0593 by one of the following methods:
A. https://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: fernandez.cristina@epa.gov.
C. Mail: EPA-R03-OAR-2009-0593, Cristina Fernandez, Chief, Air
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID Number EPA-R03-OAR-
2009-0593. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at https://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 https://www.regulations.gov or e-mail. The https://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 e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail 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
https://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
[[Page 51793]]
available only in hard copy form. Publicly available docket materials
are available either electronically in https://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 &
Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware
19903.
FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by e-
mail at rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this rulemaking action, whenever
``we,'' ``us,'' or ``our'' is used, we are referring to EPA. The
following outline is provided to aid in locating information in this
preamble.
I. Summary of the SIP Revision
II. What Action Is EPA Taking?
III. Why Is EPA Approving Delaware's SIP Revision?
IV. Final Action
V. Statutory and Executive Order Reviews
I. Summary of the SIP Revision
EPA is approving a formal revision to the Delaware State
Implementation Plan submitted by the state on August 12, 2005. This SIP
revision consists of a regulation (formerly titled Regulation No. 45)
that restricts extended idling of most on-road heavy-duty vehicles
(those having a gross vehicle weight rating (GVWR) of greater than
8,500 pounds) while operating in the State of Delaware. The regulation
sets a time limit of three consecutive minutes of idling time (i.e.,
when a vehicle's engine is on, but it is not in motion). Section 5 of
Delaware's Regulation No. 45 specifies exemptions to the idling limit
for certain vehicle types and situations. These exemptions include:
temperature-based exceptions for cold or hot days; vehicles idling for
use of a sleeper berth, where the vehicle is not within 25 miles of a
parking facility with available truckstop electrification equipment;
vehicles which are stuck in traffic; vehicles being brought to
manufacturer's recommended operating temperature; vehicles using
auxiliary equipment powered by the engine (e.g., take-off power);
emergency vehicles; tactical military vehicles in training operations;
school and transit buses with passengers onboard (or within five
minutes of passenger boarding); and situations where a vehicle is being
repaired or is being tested to ensure safe operation.
Per section 1 of Delaware's rule, this rule applies to ``all on-
road heavy-duty motor vehicles with a GVWR of greater than 8,500 pounds
operating in the State of Delaware.'' Section 6 of Regulation No. 45
indicates that this regulation is enforceable under Title 7 Chapter 60
Sec. Sec. 6005 and 6013 of the Delaware Code, with violators subject
to a penalty of not less than $60 and no more than $500 for each
offense.
On June 15, 2009, Delaware submitted a SIP revision which
recodifies and makes general administrative changes to the regulatory
language of its approved or submitted SIP rules. This recodification
SIP revision does not change the substance of the August 2005 SIP
revision, but does affect the numbering and format of the state
regulation contained in the August 2005 SIP revision. EPA will take
separate action on this renumbered version, Regulation No. 1145, in a
separate rulemaking action along with a larger Delaware recodification
SIP action.
II. What Rulemaking Action Is EPA Taking?
EPA is approving, via direct final rulemaking action, Delaware's
Regulation No. 45, entitled ``Excessive Idling of Heavy Duty
Vehicles,'' and is incorporating this rule into the Delaware SIP.
III. Why Is EPA Approving Delaware's SIP Revision?
Delaware Regulation No. 45 results in reduced emissions of
pollutants that contribute to nonattainment of National Ambient Air
Quality Standards for ozone and fine particulate matter. Specifically
Regulation 45 leads to elimination of such pollutants resulting from
unnecessary extended idling of heavy-duty vehicles. The pollutants
reduced by this regulation are volatile organic compounds and nitrogen
oxides, both of which are ground level ozone pollution precursors.
Delaware's rule will also reduce emissions of carbon monoxide, fine
particulate matter, and the greenhouse gas carbon dioxide.
The approval of Delaware's Regulation No. 45 will strengthen the
Delaware SIP and assist the state in meeting and maintaining compliance
with air quality standards, including the national ambient air quality
standards for ground level ozone and fine particulate matter.
Delaware's Regulation No. 45 is generally consistent with EPA's
``Model State Idling Law'' (EPA420-S-06-001, April 2006). This model
rule was developed with input from the states and affected industry to
address extended idling issues in a consistent manner from state to
state and to aid those being regulated in compliance with compliance
with idling limits. Although Delaware's excessive idling regulation was
adopted in 2005, prior to EPA's issuance of its model state idling
rule, Delaware captured the major elements of the EPA model rule in its
regulation.
IV. Final Action
EPA is approving Delaware's Air Quality Management Regulation No.
45, entitled ``Excessive Idling of Heavy Duty Vehicles,'' and
incorporating this rule into the Delaware SIP. The rule is intended to
reduce unnecessary idling from heavy duty motor vehicle engines within
the boundaries of the state of Delaware.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment. Similar provisions for reduced idling have been
adopted in other states, and Delaware's regulation has been in place
since 2005. Further, Delaware's Regulation No. 45 follows the spirit of
EPA's model state idling rule, so we anticipate the regulated parties
will understand Delaware's requirements as they relate to other nearby
states and localities with similar excessive idling limits. However, in
the ``Proposed Rules'' section of today's 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 7, 2009 without further notice unless EPA
receives adverse comment by November 9, 2009. 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.
V. Statutory and Executive Order Reviews
A. General Requirements
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k);
[[Page 51794]]
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
Clean Air Act. 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 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, 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 7, 2009. 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 today's 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. This action to approve Delaware's SIP revision
to reduce unnecessary idling of heavy-duty vehicles 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, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Volatile organic
compounds.
Dated: September 25, 2009.
William C. Early,
Acting Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart I--Delaware
0
2. In Sec. 52.420, the table in paragraph (c) is amended by adding an
entry for Regulation No. 45 at the end of the table to read as follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Additional
date explanation
----------------------------------------------------------------------------------------------------------------
....................
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Regulation 45 Excessive Idling of Heavy Duty Vehicles
----------------------------------------------------------------------------------------------------------------
Section 1........................ Applicability....... 4/11/05 10/08/09 [Insert
page number where
the document
begins].
Section 2........................ Definitions......... 4/11/05 10/08/09 [Insert
page number where
the document
begins].
Section 3........................ Severability........ 4/11/05 10/08/09 [Insert
page number where
the document
begins].
Section 4........................ Operational 4/11/05 10/08/09 [Insert
Requirements for page number where
Heavy Duty Motor the document
Vehicles. begins].
Section 5........................ Exemptions.......... 4/11/05 10/08/09 [Insert
page number where
the document
begins].
[[Page 51795]]
Section 6........................ Enforcement and 4/11/05 10/08/09 [Insert
Penalty. page number where
the document
begins].
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E9-24187 Filed 10-7-09; 8:45 am]
BILLING CODE 6560-50-P
