[Federal Register Volume 70, Number 68 (Monday, April 11, 2005)]
[Rules and Regulations]
[Pages 18308-18311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7048]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R06-OAR-2005-TX-0007; FRL-7896-7]


Approval and Promulgation of Implementation Plans; Texas; Locally 
Enforced Idling Prohibition Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is taking direct final approval of a State 
Implementation Plan (SIP) revision for the state of Texas. This 
revision adds new Division 2, Locally Enforced Motor Vehicle Idling 
Limitations, in subchapter J, Operational Controls for Motor Vehicles. 
The rule allows local governments to voluntarily enter into an 
agreement with the State to enforce vehicle idling restrictions on 
vehicles over 14,000 pounds within their jurisdiction, with some 
exemptions.

DATES: This rule is effective on June 10, 2005 without further notice, 
unless EPA receives relevant adverse comment by May 11, 2005. If EPA 
receives such comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID No. R06-OAR-2005-TX-0007, by one of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Agency Web site: http://docket.epa.gov/rmepub/ Regional 
Material in EDocket (RME), EPA's electronic public docket and comment 
system, is EPA's preferred method for receiving comments. Once in the 
system, select ``quick search,'' then key in the appropriate RME Docket 
identification number. Follow the on-line instructions for submitting 
comments.
     U.S. EPA Region 6 ``Contact Us'' Web site: http://epa.gov/region6/r6coment.htm. Please click on ``6PD'' (Multimedia) and select 
``Air'' before submitting comments.
     E-mail: Mr. Thomas Diggs at [email protected]. Please 
also cc the person listed in the FOR FURTHER INFORMATION CONTACT 
section below.
     Fax: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), at fax number 214-665-7263.
     Mail: Mr. Thomas Diggs, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, 
Dallas, Texas 75202-2733.
     Hand or Courier Delivery: Mr. Thomas Diggs, Chief, Air 
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross 
Avenue, Suite 1200, Dallas, Texas 75202-2733. Such deliveries are 
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except 
for legal holidays. Special arrangements should be made for deliveries 
of boxed information.
    Instructions: Direct your comments to Regional Material in EDocket 
(RME) ID No. R06-OAR-2005-TX-0007. EPA's policy is that all comments 
received will be included in the public file without change, and may be 
made available online at http://docket.epa.gov/rmepub/, including any 
personal information provided, unless the comment includes information 
claimed to be Confidential Business Information (CBI) or other 
information the disclosure of which is restricted by statute. Do not 
submit information through Regional Material in EDocket (RME), 
regulations.gov, or e-mail if you believe that it is CBI or otherwise 
protected from disclosure. The EPA RME Web site and the federal 
regulations.gov are ``anonymous access'' systems, 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 RME or regulations.gov, your e-mail address will 
be automatically captured and included as part of the comment that is 
placed in the public file 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 
Regional Material in EDocket (RME) index at http://docket.epa.gov/rmepub/. 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 RME or in the official file which is 
available at the Air Planning Section (6PD-L), Environmental Protection 
Agency, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. The file 
will be made available by appointment for public inspection in the 
Region 6 FOIA Review Room between the hours of 8:30 a.m. and 4:30 p.m. 
weekdays except for legal holidays. Contact the person listed in the 
FOR FURTHER INFORMATION CONTACT paragraph below or Mr. Bill Deese at 
(214) 665-7253 to make an appointment. If possible, please make the 
appointment at least two working days in advance of your visit. There 
will be a 15 cent per page fee for making photocopies of documents. On 
the day of the visit, please check in at the EPA Region 6 reception 
area at 1445 Ross Avenue, Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the 
State Air Agency listed below during official business hours by 
appointment: Texas Commission on Environmental Quality, Office of Air 
Quality, 12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Sandra Rennie of the EPA Region 6 Air 
Planning Section at (214) 665-7367 or [email protected]. Alternate 
contact: William Deese at (214) 665-7253 or [email protected]. 
Copies of the State submittal and EPA's technical support document are 
also available for public inspection during normal business hours, by 
appointment at the State Air Agency. Texas Commission on Environmental 
Quality, Office of Air Quality, 12124 Park 35 Circle, Austin, Texas 
78753.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

I. Background
II. What Did the State Submit?

[[Page 18309]]

III. What Does the Rule Contain?
IV. Why Can We Approve This Rule?
V. What Action Are We Taking?
VI. Statutory and Executive Order Reviews

I. Background

    Texas' concept of an early, voluntary eight-hour air quality plan 
was accepted by the EPA and made available nationally after slight 
modification as the Early Action Compact (EAC) program in November 
2002. Areas that signed on to the EACs enjoy delayed effective dates of 
ozone nonattainment designations until April 15, 2008, on the condition 
that all milestones of the program are met. In return those areas must 
voluntarily adopt and implement programs locally which will keep them 
or bring them into attainment by 2007. These programs are required to 
be submitted to EPA as a State Implementation Plan (SIP) for approval.
    The vehicle idling rules were proposed and adopted by the State at 
the request of the Austin EAC area local air quality planning 
organization. The idling prohibition is a control strategy in the EAC 
agreement which was later submitted to the State for adoption.

II. What Did the State Submit?

    The idling restriction rules are a new section in 30 TAC 114, 
Control of Air Pollution from Motor Vehicles; Subchapter J, Operational 
Controls for Motor Vehicles; Division 2, Locally Enforced Motor Vehicle 
Idling Limitations. The rule was adopted on November 17, 2004, and 
submitted to EPA for approval on December 6, 2004, as part of the 
Austin EAC SIP.

III. What Does the Rule Contain?

    The idling rule implements idling limits for gasoline and diesel-
powered engines in heavy-duty motor vehicles within the jurisdiction of 
any local government in the State that has signed a Memorandum of 
Agreement with the Texas Commission on Environmental Quality. Heavy 
duty vehicles with a Gross Vehicle Weight Rating greater than 14,000 
pounds are affected. Idling is not allowed for more than five 
consecutive minutes when the motor vehicle is not in motion. Idling 
activity by subject vehicles during the period April 1 through October 
31 of each calendar year is controlled by this rule.
    In addition to the lighter weight motor vehicles, other exemptions 
apply because of traffic conditions; to military, emergency, and law 
enforcement vehicles; where the propulsion engine provides power for a 
mechanical operation of that vehicle; during vehicle maintenance or 
diagnostic purposes; when defrosting a windshield; when supplying heat 
or air conditioning necessary for passenger comfort (maximum 30 minutes 
allowed for commercial transportation or school buses); to airport 
ground support equipment; and when a lessee operates the vehicle and is 
not employed by the vehicle owner.
    The local government that signs the MOA is delegated the authority 
to enforce the program within its jurisdiction. Any non-compliance is a 
violation of State regulations.

IV. Why Can We Approve This Rule?

    There are no federal laws or regulations which govern idle time for 
heavy-duty motor vehicles. EPA's Guidance for Quantifying and Using 
Long Duration Truck Idling Emission Reductions in State Implementation 
Plans and Transportation Conformity \1\ is not intended to apply to 
emission reductions resulting entirely from state or local anti-idling 
laws, regulations, or ordinances. Although this guidance was not used 
as a primary tool for evaluation, parts of it were used as a basis for 
consistency. California Air Resources Board (CARB) adopted a truck 
idling rule which will become effective in early 2005 pending their 
Office of Administrative Law (OAL) approval. This pending rule was also 
used as a basis for consistency. See the Technical Support Document for 
a detailed analysis of the idling rule. We are approving the Texas 
Locally Enforced Idling Prohibition Rule because it is consistent with 
existing EPA guidance and CARB regulations, and because it strengthens 
the SIP.
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    \1\ Memorandum from Margo Tsirigotis Oge, Director, Office of 
Transportation and Air Quality and Steve Page, Director Office of 
Air Quality Planning and Standards to Regional Air Division 
Directors, January 14, 2004, Guidance for Quantifying and Using Long 
Duration Truck and Locomotive Idling Emission Reductions.
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V. What Action Are We Taking?

    We are granting final approval for Texas' Locally Enforced Idling 
Prohibition Rule.
    The EPA is publishing this rule without prior proposal because we 
view this as a noncontroversial amendment and anticipate no relevant 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, we are publishing a separate document 
that will serve as the proposal to approve the SIP revision if adverse 
comments are received. This rule will be effective on June 10, 2005 
without further notice unless we receive relevant adverse comment by 
May 11, 2005. If we receive relevant adverse comments, we will publish 
a timely withdrawal in the Federal Register informing the public that 
the rule will not take effect. We will address all public comments in a 
subsequent final rule based on the proposed rule. We 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 we receive 
adverse comment on an amendment, paragraph, or section of this rule and 
if that provision may be severed from the remainder of the rule, we may 
adopt as final those provisions of the rule that are not the subject of 
a relevant adverse comment.

VI. 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). This action merely approves a state rule 
implementing a

[[Page 18310]]

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 is not economically 
significant.
    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 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 June 10, 2005. 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, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 29, 2005.
Richard E. Greene,
Regional Administrator, Region 6.


0
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. 7402 et seq.

Subpart SS--Texas

0
2. The table in Sec.  52.2270(c) entitled ``EPA Approved Regulations in 
the Texas SIP'' is amended under chapter 114, subchapter J, immediately 
following section 114.509, by adding a new centered heading ``Division 
2--Locally Enforced Motor Vehicle Idling Limitations,'' immediately 
followed by new entries for sections 114.510, 114.511, 114.512 and 
114.517 to read as follows:


Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
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                                                      State
                                                    approval/
        State citation            Title/subject     submittal      EPA approval date           Explanation
                                                       date
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                                                  * * * * * * *
-------------------------------
                        Chapter 114 (Reg 4)--Control of Air Pollution from Motor Vehicles
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
-------------------------------
                              Subchapter J--Operational Controls for Motor Vehicles
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                                                  * * * * * * *
-------------------------------
                          Division 2: Locally Enforced Motor Vehicle Idling Limitations
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Section 114.510...............  Definitions......     11/17/04  4/11/05 [Insert FR page
                                                                 number where document
                                                                 begins].
Section 114.511...............  Applicability....     11/17/04  4/11/05 [Insert FR page
                                                                 number where document
                                                                 begins].
Section 114.512...............  Control               11/17/04  4/11/05 [Insert FR page
                                 Requirements for                number where document
                                 Motor Vehicle                   begins].
                                 Idling.

[[Page 18311]]

 
Section 114.517...............  Exemptions.......     11/17/04  4/11/05 [Insert FR page
                                                                 number where document
                                                                 begins].
 
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[FR Doc. 05-7048 Filed 4-8-05; 8:45 am]
BILLING CODE 6560-50-P