Approval and Promulgation of Air Quality Implementation Plans; Delaware; Regulation To Reduce Idling of Heavy-Duty Vehicles, 51792-51795 [E9-24187]

Download as PDF 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 VerDate Nov<24>2008 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. http://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 http://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 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 This plan replaces numbers (46) and (50). information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or e-mail. The http://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 http:// 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 http://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 E:\FR\FM\08OCR1.SGM 08OCR1 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 http:// 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 VerDate Nov<24>2008 16:37 Oct 07, 2009 Jkt 220001 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 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 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); E:\FR\FM\08OCR1.SGM 08OCR1 51794 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 .................................. VerDate Nov<24>2008 16:37 Oct 07, 2009 Jkt 220001 PO 00000 Frm 00054 4/11/05 Fmt 4700 10/08/09 [Insert page number where the document begins]. 10/08/09 [Insert page number where the document begins]. 10/08/09 [Insert page number where the document begins]. 10/08/09 [Insert page number where the document begins]. 10/08/09 [Insert page number where the document begins]. Sfmt 4700 E:\FR\FM\08OCR1.SGM 08OCR1 * Federal Register / Vol. 74, No. 194 / Thursday October 8, 2009 / Rules and Regulations 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 Jkt 220001 4/11/05 EPA approval date 10/08/09 [Insert page number where the document begins]. 1. Federal eRulemaking Portal: http:// 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 http://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 http:// www.regulations.gov or e-mail. The http://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 http://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? PO 00000 Frm 00055 Fmt 4700 Additional explanation Sfmt 4700 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. E:\FR\FM\08OCR1.SGM 08OCR1

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]


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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.

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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. http://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 http://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 http://www.regulations.gov or e-mail. The http://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 http://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  
http://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 http://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