[Federal Register Volume 76, Number 147 (Monday, August 1, 2011)]
[Rules and Regulations]
[Pages 45705-45709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19276]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2011-0471; FRL-9445-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Pennsylvania; Diesel-Powered Motor Vehicle Idling Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
Pennsylvania State Implementation Plan (SIP). The revision consists of 
the Commonwealth's Diesel-Powered Motor Vehicle Idling Act (hereafter 
referred to as the Diesel-Powered Motor Vehicle Idling Act or as Act 
124 of 2008, or simply Act 124). Act 124, passed by the Pennsylvania 
General Assembly and signed into state law by Governor Rendell in 
October 2008 (and effective at the state level in February 2009), 
reduces the allowable time that heavy-duty, commercial highway diesel 
vehicles of over 10,000 pounds gross vehicle weight can idle their main 
propulsion engines. The law restricts idling of these commercial diesel 
vehicles (mostly heavy trucks and buses) to a period of 5 minutes per 
continuous 60 minute period (with certain allowable exemptions and 
exclusions). Act 124 applies statewide in the Commonwealth, and is 
estimated by Pennsylvania to significantly reduce emissions of nitrogen 
oxides, volatile organic compounds, and fine particulate matter. While 
idle time emissions limits are not mandatory under the Clean Air Act 
(CAA), incorporation of Act 124 into the SIP does strengthen the SIP, 
makes the state law federally enforceable by EPA, and allows the 
Commonwealth to take credit for emissions benefits from the rule as 
part of future Pennsylvania SIP revisions to demonstrate compliance 
with CAA National Ambient Air Quality Standards (NAAQS). EPA is 
approving this revision governing idling time limits on commercial 
heavy duty vehicles into the Pennsylvania SIP. This action is not a 
federal mandate required by the CAA, but provides emission reductions 
that aid Pennsylvania in complying with CAA NAAQS. EPA's approval of 
this SIP revision is being done in accordance with the requirements of 
the CAA.

DATES: This rule is effective on September 30, 2011 without further 
notice, unless EPA receives adverse written comment by August 31, 2011. 
If EPA receives such comments, it 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 Number EPA-
R03-OAR-2011-0471 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: [email protected]
    C. Mail: EPA-R03-OAR-2011-0471, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID Number EPA-R03-OAR-
2011-0471. 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 information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. 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 electronic 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, 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 during normal business hours at the 
Air

[[Page 45706]]

Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State 
submittal are available at the Pennsylvania Department of Environmental 
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market 
Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this rulemaking action, whenever 
``we,'' ``us,'' or ``our'' is used, we are referring to EPA. The 
following outline is provided to aid in locating information in this 
preamble.

I. Summary of the SIP Revision
    A. Applicability
    B. Penalties for Violations
    C. Idle Restriction Signage Requirements
    D. Preemption of Local Ordinances and Rules
II. What action is EPA taking?
III. Why is EPA approving Pennsylvania's SIP revision?
IV. Final Action
V. Statutory and Executive Order Reviews

I. Summary of the SIP Revision

    On January 21, 2010, Pennsylvania submitted a SIP revision to 
incorporate its Diesel-Powered Motor Vehicle Idling Act. Act 124, as 
this statute became known, was effective at the state level on February 
6, 2009, and is codified in Title 35, Chapter 23B of the Pennsylvania 
Statute. Act 124 restricts unnecessary idling of the main propulsion 
engine of in-use diesel-powered commercial, heavy duty motor vehicles 
of over 10,000 pounds gross vehicle weight rating. With certain 
exceptions and exemptions, idling of subject trucks and buses is 
restricted to 5 minutes in any continuous 60-minute period. The purpose 
of Act 124 is to reduce emissions of air pollutants, including nitrogen 
oxides and volatile organic compounds, both of which are precursors to 
the formation of ground level ozone, and which are governed by a NAAQS 
under authority of the CAA. Act 124 also addresses fine particulate 
matter, another group of pollutants which is regulated by a NAAQS under 
the Clean Air Act.

A. Applicability

    Act 124 restricts extended idling of diesel-powered highway 
vehicles that are used for commercial purposes and have a gross vehicle 
weight rating (GVWR) of over 10,000 pounds while operating in the 
Commonwealth of Pennsylvania. The regulation sets a time limit of five 
minutes of idling (i.e., defined as operation of vehicle's main 
propulsion engine while the vehicle is stationary) per continuous 60 
minute period. Section 3 of Pennsylvania's Act 124 specifically 
excludes certain types of highway vehicles from these idling 
restrictions, including motor homes, implements of husbandry, and farm 
vehicles and equipment.
    These idling restrictions do not apply to a diesel-powered motor 
vehicle with a label from the California Air Resources Board showing 
that the vehicle's engine meets California's optional idling emission 
standard for nitrogen oxide emissions (per applicable California law as 
it relates to 1985 and newer heavy-duty vehicles and engines (13 CCR 
1956.8(a)(6)(C)).
    For vehicles that are subject to Pennsylvania's Act 124, exemptions 
that allow idling beyond the five-minute per hour time limit are 
specified therein, including:
    (1) Idling caused by traffic conditions, traffic control devices or 
signals, or law enforcement officials;
    (2) idling necessary to operate defrosters, heaters, air 
conditioners, or cargo refrigeration equipment, or idling necessary to 
install equipment, or idling related to a safety or health emergency 
(not for purposes of a rest period), or to comply with manufacturers' 
operating requirements or operating specifications or warranties in 
accordance with federal or state motor carrier safety regulations;
    (3) idling of a police, fire, ambulance, public safety, military, 
utility service, or other law enforcement vehicle or vehicle being used 
in an emergency capacity and not for the convenience of the driver;
    (4) idling of the main propulsion engine for maintenance, 
particulate matter trap regeneration, servicing, or repair of the 
vehicle or for vehicle diagnostic purposes, if idling is required for 
that activity;
    (5) idling performed as part of a state inspection to verify the 
equipment is in good working order, if necessary as part of the 
inspection;
    (6) idling of a primary propulsion engine to power work-related 
mechanical, safety, or electrical operations other than propulsion (not 
done for cabin comfort or to operation nonessential onboard equipment);
    (7) idling of a primary propulsion engine necessary as part of a 
security inspection, such as entering or exiting a facility;
    (8) idling of an armored vehicle when a person remains inside to 
guard the contents or during loading or unloading;
    (9) idling due to mechanical difficulties in which the driver has 
no control (if the owner submits repair documentation to the 
Pennsylvania Department of Environmental Protection within 30 days) 
verifying that the mechanical problem has been remedied;
    (10) idling of a bus, school bus, or school vehicle to provide heat 
or air conditioning when non-driver passengers are onboard (up to a 
maximum of 15 minutes per continuous 60 minute period);
    (11) idling necessary for sampling, weighing, active loading or 
unloading for an attended motor vehicle waiting for sampling, weighing, 
loading, or unloading (up to 15 minutes per continuous 60 minute 
period);
    (12) idling by a school bus or school vehicle off school property 
during queuing for the sequential discharge or pickup of students where 
the physical configuration of the school or surrounding location does 
not allow for stopping;
    (13) idling where necessary for maintaining safe operating 
conditions while waiting for a police escort when transporting a load 
requiring issuance of a special permit for excessive size and weight;
    (14) idling when actively engaged in solid waste collection or the 
collection of source-separated recyclable materials (not to apply when 
a vehicle is not actively engaged in solid waste or source separated 
recyclables collection);

B. Penalties for Violations

    Pennsylvania Act 124 lists penalties that may result from 
violations of the idling limits in Section 5 of Act 124. Violations 
constitute a summary offense, punishable by a fine of not less than 
$150 and not more than $300 and court costs. In addition, the 
Commonwealth may issue enforcement orders and civil penalties to aid in 
the enforcement of Act 124.

C. Idling Restriction Signage Requirements

    Pennsylvania Act 124 requires that an owner or operator of a 
location where vehicles subject to the act load or unload that provide 
15 or more parking spaces for vehicles subject to Act 124 shall erect 
and maintain permanent signs that inform drivers that idling of heavy, 
commercial diesel-powered vehicles is restricted in Pennsylvania.

D. Preemption of Local Ordinances or Rules

    Section 9 of Act 124 preempts and supersedes local ordinance or 
rules concerning idling restrictions on vehicles subject to Act 124, 
except where the local rule is more restrictive than the provisions of 
Act 124 (if the local ordinance or rule was in effect prior to January 
1, 2007).

[[Page 45707]]

II. What rulemaking action is EPA taking?

    EPA is approving a formal revision to the Pennsylvania SIP 
submitted by the Commonwealth on January 21, 2010. This SIP revision 
consists of the Diesel-Powered Motor Vehicle Idling Act of 2008 
(codified in the Pennsylvania Statute, Title 35, chapter 23B 4601-
4610), which was signed into law by Governor Rendell on October 9, 2008 
and became effective as state law on February 6, 2009. EPA is taking 
direct final rulemaking action to approve this SIP revision, and is 
acting to incorporate by reference Pennsylvania Act 124 of 2008 
entitled, ``The Diesel Powered Motor Vehicle Idling Act'' (codified at 
Title 35, chapter 23B, 4601-4610 of the Pennsylvania Statute).

III. Why is EPA approving Pennsylvania's SIP revision?

    Pennsylvania's Diesel-Powered Motor Vehicle Idling Act SIP results 
in reduced emissions of pollutants that contribute to nonattainment of 
NAAQS for ozone and fine particulate matter. Specifically, Pennsylvania 
Act 124 leads to elimination of such pollutants resulting from 
unnecessary extended idling of heavy-duty, diesel-powered commercial 
vehicles. The reduction in vehicle idling resulting from this statute 
decreases emissions of volatile organic compounds and nitrogen oxides, 
both of which are ground level ozone pollution precursors. 
Pennsylvania's Act 124 also reduces emissions of fine particulate 
matter, in addition to carbon monoxide and carbon dioxide.
    The approval of Pennsylvania's Act 124 will strengthen the 
Pennsylvania SIP and will assist the Commonwealth in complying with 
federal ambient air quality standards, including the NAAQS for ground 
level ozone and fine particulate matter. Act 124 is 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 affected 
industry to address extended idling issues in a consistent manner from 
state to state and to aid those being regulated in compliance with 
compliance with idling limits.

IV. Final Action

    EPA is approving Pennsylvania's Diesel-Powered Motor Vehicle Idling 
SIP and incorporating Pennsylvania Act 124 of 2008 into the 
Pennsylvania SIP. Act 124 is intended to reduce emissions caused by 
unnecessary idling of heavy-duty, diesel-powered, commercial motor 
vehicles within the boundaries of the Commonwealth of Pennsylvania.
    EPA is publishing this rule without prior proposal because we view 
this as a noncontroversial amendment and we anticipate we will receive 
no adverse comment. Act 124 has been in effect at the state level in 
Pennsylvania since February 6, 2009. Therefore, the regulated community 
should be accustomed to the idling restrictions imposed by this state 
statute.
    Similar provisions for reduced idling have been adopted in many 
other states, including the neighboring states of Delaware, Maryland, 
New York, New Jersey, Ohio, and West Virginia. We anticipate the 
regulated parties will understand Pennsylvania's requirements as they 
relate to other nearby states and localities with similar vehicle 
idling restrictions. Pennsylvania Act 124 complies with EPA's idling 
guidance and model rule. For these reasons, EPA anticipates that this 
direct final action to approve Pennsylvania's Diesel-Powered Vehicle 
Idling Act SIP revision will not be controversial. However, in the 
``Proposed Rules'' section of today's Federal Register, EPA is 
publishing a separate document that will serve as the proposal to 
approve the SIP revision if adverse comments are filed. This rule will 
be effective on September 30, 2011 without further notice unless EPA 
receives adverse comment by August 31, 2011. If EPA receives adverse 
comment, EPA will publish a timely withdrawal in the Federal Register 
informing the public that the rule will not take effect. EPA will 
address all public comments in a subsequent final rule based on the 
proposed rule. EPA will not institute a second comment period on this 
action. Any parties interested in commenting must do so at this time.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 CAA. 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 CAA; 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.

B. Submission to Congress and the Comptroller General

    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.

[[Page 45708]]

This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    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 September 30, 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 to approve the Pennsylvania Diesel-Powered Vehicle 
Idling Act SIP revision 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, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Volatile organic 
compounds.

    Dated: July 18, 2011.
W.C. Early,
Acting Regional Administrator, Region III.

    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 NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (c)(1) is amended by 
revising the paragraph title and adding Title 35 Pennsylvania Statute, 
Chapter 23B, Sections 4601 to 4610, at the end of the table to read as 
follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *

                                                 (1) EPA-Approved Pennsylvania Regulations and Statutes
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                State                                              Additional explanation/Sec.   52.2063
          State citation                Title/subject      effective date             EPA approval date                           citation
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                                                                      * * * * * * *
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                                                    Title 35 Pennsylvania Statute--Health and Safety
                                                  Chapter 23B--Diesel-Powered Motor Vehicle Idling Act
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 4601......................  Short title..........          2/6/09  8/1/11 [Insert page number where the    .....................................
                                                                            document begins].
Section 4602......................  Definitions..........          2/6/09  8/1/11 [Insert page number where the    .....................................
                                                                            document begins].
Section 4603......................  Restrictions on                2/6/09  8/1/11 [Insert].......................  .....................................
                                     idling.
Section 4604......................  Increase of weight             2/6/09  8/1/11 [Insert page number where the    .....................................
                                     limit.                                 document begins].
Section 4605......................  Penalties............          2/6/09  8/1/11 [Insert page number where the    .....................................
                                                                            document begins].
Section 4606......................  Disposition of fines.          2/6/09  8/1/11 [Insert page number where the    .....................................
                                                                            document begins].
Section 4607......................  Enforcement..........          2/6/09  8/1/11 [Insert page number where the    .....................................
                                                                            document begins].
Section 4608......................  Permanent idling               2/6/09  8/1/11 [Insert page number where the    .....................................
                                     restriction signs.                     document begins].
Section 4609......................  Preemption...........          2/6/09  8/1/11 [Insert page number where the    .....................................
                                                                            document begins].
Section 4610......................  Applicability........          2/6/09  8/1/11 [Insert page number where the    .....................................
                                                                            document begins].
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[FR Doc. 2011-19276 Filed 7-29-11; 8:45 am]
BILLING CODE 6560-50-P