
[Federal Register: March 27, 2008 (Volume 73, Number 60)]
[Rules and Regulations]               
[Page 16203-16205]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr08-4]                         

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-0AR-2007-1176; A-1-FRL-8546-9]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Rhode Island; Diesel Anti-Idling Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is approving a State Implementation Plan (SIP) 
revision submitted on November 29, 2007 by the State of Rhode Island. 
This SIP revision includes a regulation that prohibits the unnecessary 
idling of diesel engines and vehicles in Rhode Island. The regulation 
sets limits for the amount of time and under what conditions diesel 
engines may idle. EPA is approving the rule because the standards and 
requirements set by the rule will strengthen the Rhode Island SIP. The 
intended effect of this action is to approve this rule into the Rhode 
Island SIP. EPA is approving this rule pursuant to the Clean Air Act.

DATES: This direct final rule will be effective May 27, 2008, unless 
EPA receives adverse comments by April 28, 2008. If adverse comments 
are received, EPA 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 Number EPA-
R01-0AR-2007-1176 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: arnold.anne@epa.gov.
    3. Fax: (617) 918-0047.
    4. Mail: ``Docket Identification Number EPA-R01-0AR-2007-1176,'' 
Anne Arnold, U.S. Environmental Protection Agency, EPA New England 
Regional Office, One Congress Street, Suite 1100 (mail code CAQ), 
Boston, MA 02114-2023, or
    5. Hand Delivery or Courier: Deliver your comments to: Anne Arnold, 
Manager, Air Quality Planning Unit, Office of Ecosystem Protection, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
One Congress Street, 11th floor, (CAQ), Boston, MA 02114-2023. 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 legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-0AR-
2007-1176. 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 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 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.govindex. 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 http://
www.regulations.gov or in hard copy at Office of Ecosystem Protection, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
One Congress Street, Suite 1100, Boston, MA. EPA requests that if at 
all possible, you contact the contact listed in the FOR FURTHER 
INFORMATION CONTACT section to schedule your inspection. The Regional 
Office's official hours of business are Monday through Friday, 8:30 to 
4:30, excluding legal holidays.
    In addition, copies of the state submittal and EPA's technical 
support document (TSD) are also available for public inspection during 
normal business hours, by appointment at the State Air Agency; Office 
of Air Resources, Department of Environmental Management, 235 Promenade 
Street, Providence, RI 02908-5767.

FOR FURTHER INFORMATION CONTACT: Robert C. Judge, Office of Ecosystem 
Protection, EPA New England, One Congress Street, Suite 1100 (CAQ), 
Boston, MA 02114-2023; 617-918-1045 (phone); 617-918-0045 (fax); e-mail 
at judge.robert@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. What Action Is EPA Taking?
II. What are the Requirements of Rhode Island's Regulation Number 
45?
III. Why is EPA Approving Rhode Island's Rule?
IV. Final Action
V. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is approving Rhode Island's Regulation Number 45, ``Rhode 
Island Diesel Engine Anti-Idling Program,'' and incorporating this rule 
into the Rhode Island SIP.
    Regulation Number 45 was adopted by the State of Rhode Island 
following the passage of a State law prescribing that such a rule be 
adopted to minimize the adverse health effects of unnecessary idling. 
The regulation was effective in the State of Rhode Island on July 19, 
2007, and on November 29, 2007, the State submitted this rule to EPA as 
a SIP revision.

[[Page 16204]]

II. What Are the Requirements of Rhode Island's Regulation Number 45?

    Pursuant to Regulation Number 45, with specified exceptions, diesel 
motor vehicles may not idle for longer than 5 minutes in any 60 minute 
period (per section 45.3), and nonroad engines may not idle 
unnecessarily (per section 45.4). Exceptions to these requirements are 
specified in section 45.5 of the rule and include: temperature based 
exemptions for excessively hot or cold days; allowances for vehicle 
repair; vehicle inspections; emergency vehicles in emergency 
operations; vehicles which are stuck in traffic; and the use of sleeper 
berths during federally mandated rest periods. The TSD prepared for 
this action includes more detail on these exemptions, or the regulation 
itself can be reviewed for details on how these exemptions apply.
    Per section 45.2 of this rule, this rule applies ``to any person, 
entity, owner or operator with control over the operations of diesel 
engines.'' Persons violating this rule may be fined under State law in 
accordance with penalty provisions of State law, as described in 
section 45.6 of the regulation. This rule was adopted pursuant to Rhode 
Island General Laws Section 31-16.1-2, and applies throughout the 
entire State of Rhode Island.

III. Why Is EPA Approving Rhode Island's Rule?

    Rhode Island's Regulation Number 45 will result in emission 
reductions of volatile organic compounds, nitrogen oxides, carbon 
monoxide, and fine particulate matter. The approval of this rule will 
strengthen the Rhode Island SIP and assist the state in meeting and 
maintaining compliance with air quality standards, including the 
standard for ground level ozone.
    Rhode Island's Regulation Number 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 industry to 
address idling issues in a consistent and understandable manner from 
state to state, to aid in compliance.

IV. Final Action

    EPA is approving Rhode Island's Air Pollution Control Regulation 
Number 45, entitled ``Rhode Island Diesel Engine Anti-Idling Program,'' 
and incorporating this rule into the Rhode Island SIP. The rule is 
intended to eliminate unnecessary idling from diesel motor vehicle 
engines and non-road diesel engines in Rhode Island. This rule is being 
approved because EPA has found that the rule will help prevent 
emissions of volatile organic compounds, nitrogen oxides, carbon 
monoxide, and fine particles and will strengthen the Rhode Island SIP.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective May 27, 
2008 without further notice unless the Agency receives relevant adverse 
comments by April 28, 2008.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on May 27, 2008 and no further action will be 
taken on the proposed rule. 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

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999), because it merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it approves a state rule 
implementing a Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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

[[Page 16205]]

report containing this rule 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 May 27, 2008. Interested 
parties should comment in response to the proposed rule rather than 
petition for judicial review, unless the objection arises after the 
comment period allowed for in the proposal. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: March 14, 2008.
Robert W. Varney,
Regional Administrator, EPA New England.

0
Part 52 of chapter I, title 40 of the Code of Federal Regulations 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 OO--Rhode Island

0
2. In Sec.  52.2070 (c), the table entitled ``EPA Approved Rhode Island 
Regulations,'' is amended by adding a new entry, ``Air Pollution 
Control Regulation Number 45'' in numerical order to read as follows:


Sec.  52.2070  Identification of plan.

* * * * *
    (c) EPA approved regulations.

                                      EPA Approved Rhode Island Regulations
----------------------------------------------------------------------------------------------------------------
         State citation            Title/subject     State effective date   EPA approval date     Explanations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Air Pollution Control            Rhode Island       July 19, 2007.........  March 27, 2008;    Limits idling for
 Regulation Number 45.            Diesel Engine                              [Insert Federal    diesel on-
                                  Anti-Idling                                Register page      highway and non-
                                  Program.                                   number where the   road engines.
                                                                             document begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. E8-6183 Filed 3-26-08; 8:45 am]

BILLING CODE 6560-50-P
