
[Federal Register: October 8, 2009 (Volume 74, Number 194)]
[Rules and Regulations]               
[Page 51792-51795]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08oc09-12]                         

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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].
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[FR Doc. E9-24187 Filed 10-7-09; 8:45 am]

BILLING CODE 6560-50-P
