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 

State submittal date EPA approval date Explanation 

(48) Revised Maintenance Plan of 

Doe Run Resource Recycling Facility near Buick, MO.

Dent Township in Iron County.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. 

(49) Lead Maintenance Plan ........... Iron County (part) within 

boundaries of Liberty and 

Arcadia Townships.

1/26/04 10/29/04, 69 FR 63072.

(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.

Kansas City ........................... 10/28/05 6/26/06, 71 FR 36210.

(51) CAA 110(a)(2)(D)(i) SIP—Interstate Transport.Statewide .............................. 2/27/07 5/8/07, 72 FR 25085.

(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.

St. Louis ................................ 6/15/06 5/31/07, 72 FR 30272.

(53) Maintenance Plan for the 8- 

hour ozone standard in the Missouri portion of the Kansas City 

area.

Kansas City ........................... 5/23/07 8/9/07, 72 FR 44778 .......... This plan replaces numbers 

(46) and (50). 

[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 

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. 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 

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 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 74, No. 194 / Thursday October 8, 2009 / Rules and Regulations 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 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. 

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 

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 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); 


srobinson on DSKHWCL6B1PROD with RULES
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 Title/subject State effective date EPA approval date Additional 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 Requirements for 

Heavy Duty Motor Vehicles.

4/11/05 10/08/09 [Insert page number 

where the document begins].

Section 5 .................................. Exemptions ............................. 4/11/05 10/08/09 [Insert page number 

where the document begins].


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 74, No. 194 / Thursday October 8, 2009 / Rules and Regulations 51795 

EPA-APPROVED REGULATIONS IN THE DELAWARE SIP—Continued 

State citation Title/subject State effective date EPA approval date Additional explanation 

Section 6 .................................. Enforcement and Penalty ....... 4/11/05 10/08/09 [Insert page number 

where the document begins].

* * * * * 

[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 

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: 

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? 

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. 


srobinson on DSKHWCL6B1PROD with RULES