Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Rules and Regulations 17781 

Name of non-regulatory SIP revision Applicable geographic area State submittal 

date EPA approval date Additional explanation 

Commitment to adopt a clean fuel fleet 

program.

Philadelphia-Wilmington-Trenton Ozone 

Nonattainment Area.

2/26/93 .................. 9/29/93, 58 FR 

50846.

52.422(b). 

1990 Base Year Emissions Inventory ... Philadelphia-Wilmington-Trenton Ozone 

Nonattainment Area.

5/27/94 .................. 1/24/96, 61 FR 

1838.

52.423, VOC, 

CO, NOX. 

15% Rate of Progress Plan ................... Philadelphia-Wilmington-Trenton Ozone 

Nonattainment Area.

2/17/95 .................. 10/12/99, 64 FR 

55139.

52.426(a). 

Post-1996 Rate of Progress Plan & 

contingency measures.

Philadelphia-Wilmington-Trenton Ozone 

Nonattainment Area.

12/29/97, 6/17/99, 

2/3/00, 12/20/00.

10/29/01, 66 FR 

54598.

52.426(b). 

Ozone Attainment Plan Demonstration 

& enforceable commitments.

Philadelphia-Wilmington-Trenton Ozone 

Nonattainment Area.

5/22/98, 10/8/98, 1/ 

24/00, 12/20/00, 

10/9/01, 10/29/01.

10/29/0, 66 FR 

54598.

52.426(c). 

9/2/03 .................... 12/5/03, 68 FR 

67948.

Mobile budgets ....................................... Kent & New Castle Counties ................ 1/5/98 (rec’d); 5/28/ 

98 (rec’d); 2/3/ 

00, 12/20/00.

10/29/01, 66 FR 

54598.

52.426(d), (e). 

9/2/03 .................... 12/5/03, 68 FR 

67948.

Photochemical Assessment Monitoring 

Stations (PAMS) Program.

Philadelphia-Wilmington-Trenton Ozone 

Nonattainment Area.

3/24/94 .................. 9/11/95, 60 FR 

47081.

52.430. 

Small Business stationary source technical and environmental compliance 

assistance program.

Statewide ............................................... 5/16/95 .................. 5/17/94, 59 FR 

25771.

52.460. 

Commitment to establish an ambient air 

quality monitoring network.

Statewide ............................................... 3/19/80 .................. 5/15/81, 46 FR 

26767.

52.465(c)(15). 

Commitment to use available grants 

and funds to provide for basic transportation needs.

New Castle County ............................... 8/15/79 .................. 9/30/81, 46 FR 

47777.

52.465(c)(19). 

Executive order pertaining to financial 

disclosures by State officials [CAA 

Section 128].

Statewide ............................................... 8/7/78 .................... 9/29/81, 46 FR 

47544.

52.465(c)(22). 

Lead (Pb) SIP ........................................ Statewide ............................................... 12/23/80 ................ 9/10/81, 46 FR 

45160.

52.465(c)(24). 

Procedures to notify EPA of PSD 

sources locating within 100 km of a 

Class I PSD area.

Statewide ............................................... 2/27/81 .................. 3/15/82, 47 FR 

11014.

52.465(c)(29). 

RACT under the 8-Hour NAAQS ........... Delaware (Statewide) ............................ 10/2/06 .................. 7/23/08, 73 FR 

42681.

[FR Doc. E9–8796 Filed 4–16–09; 8:45 am] 

BILLING CODE 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Docket No. EPA–R02–OAR–2008–0659, 

FRL–8757–6] 

Approval and Promulgation of 

Implementation Plans; New Jersey; 

Diesel Idling Rule Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan revision submitted 

by New Jersey to revise its rules 

regarding the idling of diesel-powered 

vehicles. Specifically, the State’s 

implementation plan revision revises 

the exceptions to and exemptions from 

the State’s existing three-minute idling 

rule. The intended effect of this action 

is to approve, as consistent with section 

110(a)(2) of the Clean Air Act, a control 

strategy that will help New Jersey 

achieve attainment of the National 

Ambient Air Quality Standards for 

ozone and fine particulate matter. 

DATES: Effective Date: This rule is 

effective on May 18, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2008–0659. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., 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 through 

http://www.regulations.gov or in hard 

copy at the Environmental Protection 

Agency, Region II Office, Air Programs 

Branch, 290 Broadway, 25th Floor, New 

York, New York 10007–1866. This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

telephone number is 212–637–4249. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Laurita, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, (212) 637–3895. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Description of the State Implementation 

Plan (SIP) Revision 

II. Comments on the Proposed Rulemaking 

III. Final EPA Action 

IV. Statutory and Executive Order Reviews 

I. Description of the State 

Implementation Plan (SIP) Revision 

A. What did New Jersey submit? 

On July 2, 2007, New Jersey 

promulgated amendments to Title 7, 

Chapter 27, Subchapter 14, ‘‘Control 

and Prohibition of Air Pollution from 

Diesel-Powered Motor Vehicles,’’ of the 

New Jersey Administrative Code, that 

limit the amount of time that engines of 

diesel-powered motor vehicles may idle. 


dwashington3 on PROD1PC60 with RULES
17782 Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Rules and Regulations 

New Jersey’s original diesel idling rule, 

adopted on December 2, 1985, prohibits 

any person from allowing the engine of 

a diesel-powered motor vehicle to idle 

for more than three consecutive 

minutes. However, it also provides 

exceptions to and exemptions from the 

three-minute limit. New Jersey’s July 

2007 rule revision adds, deletes, and 

revises certain exceptions and 

exemptions, with the overall goal of 

further limiting air emissions from 

idling diesel-powered vehicles within 

New Jersey. This revised rule became 

effective on July 2, 2007. 

On September 13, 2007, New Jersey 

submitted a state implementation plan 

(SIP) revision to EPA, seeking federal 

approval of its revised diesel idling 

regulation. EPA has determined that 

New Jersey’s SIP revision submittal 

meets the requirements of section 110 of 

the Act. EPA’s approval of New Jersey’s 

diesel idling rule makes it Federallyenforceable, further ensuring that 

planned emission reductions will 

continue to take place. For further 

information on New Jersey’s diesel 

idling rule see the October 2, 2008, 

Proposed Rulemaking (73 FR 57272). 

II. Comments on the Proposed 

Rulemaking 

EPA received no comments on the 

Proposed Rulemaking, published in the 

October 2, 2008, Federal Register (73 FR 

57272). 

III. Final EPA Action 

EPA is approving the revisions to 

New Jersey’s diesel idling rule as part of 

New Jersey’s ozone and particulate 

matter SIPs. Approval of New Jersey’s 

revised diesel idling rule further ensures 

that planned emissions reductions 

attributable to this program will be 

achieved. The State’s revised idling rule 

was promulgated on July 2, 2007, 

effective on July 2, 2007, and is codified 

in Title 7, Chapter 27, Subchapter 14 of 

the New Jersey Administrative Code, 

sections 14.1 (‘‘Definitions’’), 14.2 

(‘‘Applicability’’) and 14.3 (‘‘General 

prohibitions’’). 

IV. Statutory and Executive Order 

Reviews 

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 (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 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 June 16, 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. 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, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements. 

Dated: April 2, 2009. 

Barbara A. Finazzo, 

Acting Regional Administrator, Region 2. 

■ Part 52, chapter I, title 40 of the Code 

of Federal Regulations 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 FF—New Jersey 

■ 2. Section 52.1570 is amended by 

adding new paragraph (c)(87) to read as 

follows: 

§ 52.1570 Identification of plan. 

* * * * * 

(c) * * * 

* * * * * 

(87) Revisions to the State 

Implementation Plan submitted on 

September 13, 2007, by the New Jersey 

Department of Environmental Protection 

which consists of the State’s revised 

diesel idling rule. 

(i) Incorporation by reference: 

(A) Regulation Subchapter 14 of Title 

7, Chapter 27 of the New Jersey 

Administrative Code, entitled ‘‘Control 

and Prohibition of Air Pollution from 

Diesel-Powered Motor Vehicles,’’ 

section 14.1, effective on July 2, 2007, 

section 14.2, effective on September 15, 


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Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Rules and Regulations 17783 

1997, and section 14.3, effective on July 

2, 2007. 

* * * * * 

■ 3. Section 52.1605 is amended by 

revising the entry for Subchapter 14 

under Title 7, Chapter 27 to read as 

follows: 

§ 52.1605 EPA-approved New Jersey 

regulations. 

State regulation State effective date EPA approved date Comments 

* * * * * * * 

Title 7, Chapter 27.

* * * * * * * 

Subchapter 14, ‘‘Control and Prohibition of Air Pollution from DieselPowered Motor Vehicles’’..................................... .............................................................. On September 15, 1997, section 14.2 

was re-numbered to 14.6. The State 

did not submit this change as a SIP 

revision. Therefore, the July 1, 

1985, version of section 14.2 will 

continue to be the EPA-approved 

regulation. 

Sections 14.1–14.3 .............................. July 1, 1985 ............... June 13, 1986. ....................................

Section 14.1 ......................................... July 2, 2007 ............... April 17, 2009 [Insert Federal Register page citation]. 

Section 14.2 ......................................... September 15, 1997 April 17, 2009 [Insert Federal Register page citation]. 

Section 14.3 ......................................... July 2, 2007 ............... April 17, 2009 [Insert Federal Register page citation]. 

* * * * * * * 

[FR Doc. E9–8762 Filed 4–16–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2009–0181; FRL–8892–8] 

Approval and Promulgation of 

Implementation Plans; Georgia; 

Enhanced Inspection and Maintenance 

Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve the State 

Implementation Plan (SIP) revision 

submitted by Georgia Department of 

Natural Resources (GA DNR) through 

the Georgia Environmental Protection 

Division (GA EPD) on February 13, 

2009. The revisions include minor 

changes to Georgia’s Air Quality Rules 

found at Chapter 391–3–20-.17, 

pertaining to rules for Enhanced 

Inspection and Maintenance (I/M). 

Specifically, the changes update the 

amount of repair costs that may qualify 

for a waiver. This action is being taken 

pursuant to section 110 of the Clean Air 

Act (CAA). 

DATES: This direct final rule is effective 

June 16, 2009, without further notice, 

unless EPA receives adverse comment 

by May 18, 2009. If adverse comment is 

received, EPA 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 No. EPA–R04– 

OAR–2009–0181 by one of the following 

methods: 

1. http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2009– 

0181,’’ Regulatory Development Section; 

Air Planning Branch; Air, Pesticides and 

Toxics Management Division; U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Regulatory Development 

Section; Air Planning Branch; Air, 

Pesticides and Toxics Management 

Division; U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–R04–OAR–2009– 

0181.’’ 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,’’ which means 

EPA will not know your identity or 

contact information unless you provide 

it in the body of your comments. 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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 


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