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[Federal Register Volume 76, Number 40 (Tuesday, March 1, 2011)]
[Rules and Regulations]
[Pages 11083-11086]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4368]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R07-OAR-2010-0168; FRL-9271-5]

Approval and Promulgation of Implementation Plans; State of 
Missouri

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 
Missouri State Implementation Plan (SIP) submitted April 10, 2009. The 
revision includes two new rules which implement restrictions on the 
idling of heavy duty diesel vehicles in the Kansas City Metropolitan 
Area and in the St. Louis Ozone Nonattainment Area. EPA is approving 
this revision because the standards and requirements set by the rules 
will strengthen the Missouri SIP. EPA's approval of this SIP revision 
is being done in accordance with the requirements of the Clean Air Act 
(CAA).

[[Page 11084]]

DATES: This direct final rule will be effective May 2, 2011, without 
further notice, unless EPA receives adverse comment by March 31, 2011. 
If EPA receives adverse comment, we will publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2010-0168, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. E-mail: bhesania.amy@epa.gov.
    3. Mail or Hand Delivery: Amy Bhesania, Environmental Protection 
Agency, Air Planning and Development Branch, 901 North 5th Street, 
Kansas City, Kansas 66101.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2010-0168. 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 through http://www.regulations.gov or e-mail information that you consider to be CBI 
or otherwise protected. 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 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, will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at the 
Environmental Protection Agency, Air Planning and Development Branch, 
901 North 5th Street, Kansas City, Kansas 66101. The Regional Office's 
official hours of business are Monday through Friday, 8:00 to 4:30 
excluding Federal holidays. The interested persons wanting to examine 
these documents should make an appointment with the office at least 24 
hours in advance.

FOR FURTHER INFORMATION CONTACT: Amy Bhesania at (913) 551-7147 or by 
e-mail at bhesania.amy@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA.

Table of Contents

I. What revisions is EPA approving?
II. Why is EPA approving Missouri's SIP revision?
III. Have the requirements for approval of a SIP revision been met?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. What revisions Is EPA approving?

    On April 10, 2009, Missouri submitted to EPA for approval into the 
SIP two new rules, 10 CSR 10-2.385 Control of Heavy Duty Diesel Vehicle 
Idling Emissions for the Kansas City Ozone Maintenance Area and 10 CSR 
10-5.385 Control of Heavy Duty Diesel Vehicle Idling Emissions for the 
St. Louis Ozone Nonattainment Area. These new rules limit the amount of 
time a heavy duty diesel vehicle will be permitted to idle while parked 
or while waiting to load or unload.
    These rules apply to owners or operators of commercial, public and 
institutional heavy duty diesel vehicles (those having a gross vehicle 
weight rating (GVWR) of greater than 10,000 pounds) that are designed 
to operate on public streets and highways, whether or not the vehicles 
are operated on public roadways. These regulations set a time limit of 
five consecutive minutes idling time (i.e., when a vehicle's engine is 
on, but it is not in gear) in any sixty minute period. On November 29, 
2010, Missouri requested to withdraw subsection (3)(A) of both rules 
from the April 2009 request. Subsection (3)(A) states that owners or 
operators of passenger load/unload locations shall not cause or allow 
vehicles covered by this rule to idle for more than five minutes in any 
sixty minute period. Missouri found that there was a discrepancy 
between subsection (3)(A) and section (1). Section (1), Applicability, 
does not mention that the rules apply to owners or operators of 
passenger load/unload locations. Missouri did not intend for passenger 
load/unload locations to be subject to this rule and thus requested to 
withdraw subsection (3)(A) to clarify. As a result, EPA is not taking 
action to approve subsection (3)(A).
    The regulations do specify exemptions to the idling limit for 
certain vehicle types and situations. These exemptions include: road 
traffic conditions; safety or emergency uses; police, fire, ambulance, 
public safety and other law enforcement vehicles; service and repair 
needs; state or Federal inspections; mechanical work; armored vehicles; 
bus idling for passenger comfort (no greater than fifteen minutes in 
any sixty minute period); vehicles idling for purposes of using sleeper 
berth compartments; mechanical difficulties; agricultural operations 
incidentally operated or moved upon public roads; vehicles using 
auxiliary equipment powered by the engine; and freight load/unload 
locations (no greater than thirty minutes in any sixty minute period).
    Persons violating this rule may be assessed penalties under state 
law in accordance with the penalty provisions under sections 643.010-
643, RSMo. Enforcement of this regulation will follow Missouri's 
Guidance for Enforcing the Idle Rules supplied to EPA as clarification 
on June 4, 2010. Therefore, EPA has determined that the rule meets 
applicable criteria for enforceability of SIP requirements.

II. Why is EPA approving Missouri's SIP revision?

    The rule 10 CSR 10-2.385 Control of Heavy Duty Diesel Vehicle 
Idling Emissions for the Kansas City Ozone Maintenance Area was 
included as a contingency measure in the Kansas City Maintenance Area 
8-hour Maintenance Plan for the Control of Ozone. The contingency 
measure provision in the plan required the state to implement the idle 
reduction regulations upon violation of the 1997 8-hour ozone standard. 
This plan was approved by EPA and effective on October 9, 2007. A 
violation of the standard occurred during the 2007 ozone season thus 
triggering the adoption of the rule. The 10 CSR 10-5.385 Control of 
Heavy Duty Diesel Vehicle Idling Emissions for the St. Louis Ozone 
Nonattainment Area was adopted by the state to be consistent with the 
Kansas City Maintenance Area provisions and was

[[Page 11085]]

not required to be adopted as part of an existing SIP measure or 
contingency requirement.
    These rules will result in reduced emissions of pollutants that 
contribute to ozone and fine particulate matter. Specifically, these 
rules lead to elimination of such pollutants resulting from unnecessary 
extended idling of heavy-duty diesel vehicles. The pollutants reduced 
by these regulations are volatile organic compounds, nitrogen oxides, 
carbon monoxide, and fine particulate matter. The approval of this rule 
will strengthen the Missouri SIP and assist the state in meeting and 
maintaining compliance with air quality standards, including the 
standard for ground level ozone.
    Missouri's rule 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 industry to address idling 
issues in a consistent and understandable manner from state to state, 
to aid in compliance.

III. Have the requirements for approval of a SIP revision been met?

    The state submittal has met the public notice requirements for SIP 
submissions in accordance with 40 CFR 51.102. The submittal also 
satisfied the completeness criteria of 40 CFR part 51, appendix V. In 
addition, the revision meets the substantive SIP requirements of the 
CAA, including section 110 and implementing regulations.

IV. What action Is EPA taking?

    EPA is taking final action to approve the request to amend the 
Missouri SIP to include Missouri rules 10 CSR 10-2.385 Control of Heavy 
Duty Diesel Vehicle Idling Emissions for the Kansas City Ozone 
Maintenance Area and 10 CSR 10-5.385 Control of Heavy Duty Diesel 
Vehicle Idling Emissions for the St. Louis Ozone Nonattainment Area. 
The State regulations became effective February 28, 2009.
    We are processing this action as a direct final action because the 
revisions make routine changes to the existing rules which are 
noncontroversial. Therefore, we do not anticipate any adverse comments. 
Please note that if EPA receives adverse comments on part of this rule 
and if that part can be severed from the remainder of the rule, EPA may 
adopt as final those parts of the rule that are not the subject of an 
adverse comment.

V. Statutory and Executive Order Reviews

    Under the CAA, 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 (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.
    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).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 2, 2011. 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 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, Intergovernmental relations, Motor 
carriers, Motor vehicles, Motor vehicle pollution, Nitrogen oxides, 
Ozone, Particulate matter, Reporting and recordkeeping requirements, 
Transportation, Volatile organic compounds.

    Dated: February 16, 2011.
Karl Brooks,
Regional Administrator, Region 7.

    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 AA--Missouri

0
2. In Sec.  52.1320 the table in paragraph (c) is amended by adding new 
entries in

[[Page 11086]]

numerical order for 10-2.385 under Chapter 2 and 10-5.385 under Chapter 
5 to read as follows:

Sec.  52.1320  Identification of Plan.

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    (c) * * *

                                                            EPA-Approved Missouri Regulations
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                                                                        State
           Missouri citation                      Title            effective date      EPA approval date                      Explanation
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  Missouri Department of Natural Resources Chapter 2--Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
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                                                                      * * * * * * *
10-2.385..............................  Control of Heavy Duty            02/28/09  03/01/11 [insert FR page   Subsection (3)(A) is not SIP approved.
                                         Diesel Vehicle Idling                      number where the
                                         Emissions.                                 document begins].
 
                                                                      * * * * * * *
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                       Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
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                                                                      * * * * * * *
10-5.385..............................  Control of Heavy Duty            02/28/09  03/01/11 [insert FR page   Subsection (3)(A) is not SIP approved.
                                         Diesel Vehicle Idling                      number where the
                                         Emissions.                                 document begins].
 
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[FR Doc. 2011-4368 Filed 2-28-11; 8:45 am]
BILLING CODE 6560-50-P
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