	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2009-0593; FRL-        ]

	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 [Insert date 60 days after publication
in the Federal Register]  without further notice, unless EPA receives
adverse written comment by [Insert date 30 days after publication in the
Federal Register].  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:

 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 www.regulations.gov, including any personal
information provided, unless the comment includes information claimed to
be Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov or
e-mail.  The www.regulations.gov website 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
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
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute.  Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form.  Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103.  Copies of the State submittal
are available at the Delaware Department of Natural Resources &
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
§§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 [Insert date 60 days from date of publication in the
Federal Register] without further notice unless EPA receives adverse
comment by [Insert date 30 days from date of publication in the Federal
Register].  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); 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 (Public Law 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 [Insert date 60 days from date of
publication of this document in the Federal Register].  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.

_September 25, 2009___                   		         
____________/s/______________

Dated:                                				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

	Title/subject	State effective date	EPA approval date	Additional
explanation

         *            *               *              *              *   
             *             * 

Regulation 45	EXCESSIVE IDLING OF HEAVY DUTY VEHICLES 



Section 1	Applicability	4/11/05

	[Insert Federal Register publication date] [Insert page number where
the document begins]

	Section 2	Definitions	4/11/05

	[Insert Federal Register publication date] [Insert page number where
the document begins]

	Section 3	Severability	4/11/05

	[Insert Federal Register publication date] [Insert page number where
the document begins]

	Section 4	Operational Requirements for Heavy Duty Motor Vehicles
4/11/05	[Insert Federal Register publication date] [Insert page number
where the document begins]

	Section 5	Exemptions	4/11/05

	[Insert Federal Register publication date] [Insert page number where
the document begins]

	Section 6	Enforcement and Penalty	4/11/05

	[Insert Federal Register publication date] [Insert page number where
the document begins]

	

 *  	*	*	*	*

	

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