[Federal Register Volume 74, Number 73 (Friday, April 17, 2009)]
[Rules and Regulations]
[Pages 17781-17783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8762]



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.


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.

[[Page 17782]]

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 Federally-
enforceable, 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. 
    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:


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:

Sec.  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,

[[Page 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:

Sec.  52.1605  EPA-approved New Jersey regulations.

         State regulation                 State effective date          EPA approved date         Comments
                                                  * * * * * * *
Title 7, Chapter 27...............
                                                  * * * * * * *
Subchapter 14, ``Control and        ................................  ....................  On September 15,
 Prohibition of Air Pollution from                                                           1997, section 14.2
 Diesel-Powered Motor Vehicles''.                                                            was re-numbered to
                                                                                             14.6. The State did
                                                                                             not submit this
                                                                                             change as a SIP
                                                                                             Therefore, the July
                                                                                             1, 1985, version of
                                                                                             section 14.2 will
                                                                                             continue to be the
Sections 14.1-14.3................  July 1, 1985....................  June 13, 1986.......  ....................
Section 14.1......................  July 2, 2007....................  April 17, 2009
                                                                       [Insert Federal
                                                                       Register page
Section 14.2......................  September 15, 1997..............  April 17, 2009
                                                                       [Insert Federal
                                                                       Register page
Section 14.3......................  July 2, 2007....................  April 17, 2009
                                                                       [Insert Federal
                                                                       Register page
                                                  * * * * * * *

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