57272 Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Proposed Rules 

(e) * * * 

(1) Except with respect to projects 

involving natural gas well development 

subject to the provision of paragraph (f) 

of this section, any project whose sole 

source of water for consumptive use is 

a public water supply withdrawal, may 

be approved under this paragraph (e) in 

accordance with the following, unless 

the Commission determines that the 

project cannot be adequately regulated 

under this approval by rule: 

(i) * * * 

(ii) Within 10 days after submittal of 

an NOI under paragraph (e)(1)(i) of this 

section, the project sponsor shall submit 

to the Commission proof of publication 

in a newspaper of general circulation in 

the location of the project, a notice of 

intent to operate under this approval by 

rule, which contains a sufficient 

description of the project, its purposes 

and its location. This notice shall also 

contain the address, electronic mail 

address and telephone number of the 

Commission. 

* * * * * 

(f) Approval by rule for consumptive 

use related to natural gas well 

development. 

(1) Any project involving the 

development of natural gas wells subject 

to review and approval under §§ 806.4, 

806.5, or 806.6 of this part shall be 

subject to review and approval under 

this paragraph (f) regardless of the 

source or sources of water being used 

consumptively. 

(i) Notification of Intent: No fewer 

than 60 days prior to undertaking a 

project or increasing a previously 

approved quantity of consumptive use, 

the project sponsor shall: 

(A) Submit a Notice of Intent (NOI) on 

forms prescribed by the Commission, 

and the appropriate application fee, 

along with any required attachments. 

(B) Send a copy of the NOI to the 

appropriate agencies of the member 

state, and to each municipality and 

county in which the project is located. 

(ii) Within 10 days after submittal of 

an NOI under paragraph (f)(1)(i) of this 

section, the project sponsor shall submit 

to the Commission proof of publication 

in a newspaper of general circulation in 

the location of the project, a notice of 

intent to operate under this approval by 

rule, which contains a sufficient 

description of the project, its purposes 

and location and the sources, quantities 

and peak day use of water to be used 

consumptively by the project. This 

notice shall also contain the address, 

electronic mail address and telephone 

number of the Commission. 

(2) The project sponsor shall comply 

with metering, daily use monitoring and 

quarterly reporting as specified in 

§ 806.30, or as otherwise required by the 

approval by rule. Daily use monitoring 

shall include amounts delivered or 

withdrawn per source, per day, and 

amounts used per gas well, per day, for 

well drilling, hydrofracture stimulation, 

hydrostatic testing, and dust control. 

The foregoing shall apply to all water 

and fluids, including additives, 

flowback and brines, utilized by the 

project. 

(3) The standard conditions set forth 

in § 806.21 above shall apply to projects 

approved by rule, as well as any special 

conditions incorporated into such 

approvals. 

(4) The project sponsor shall comply 

with mitigation in accordance with 

§ 806.22(b)(2) or (b)(3). 

(5) Any produced flowback fluids or 

brines utilized by the project sponsor for 

hydrofracture stimulation undertaken at 

the project shall be separately accounted 

for, but shall not be included in the 

daily consumptive use amount 

calculated for the project, or be subject 

to the mitigation requirements of 

§ 806.22(b). 

(6) The project sponsor shall obtain 

all necessary permits or approvals 

required for the project from other 

federal, state or local government 

agencies having jurisdiction over the 

project. The Commission reserves the 

right to modify, suspend or revoke any 

approval under this paragraph (f) if the 

project sponsor fails to obtain or 

maintain such approvals. 

(7) The project sponsor shall 

demonstrate to the satisfaction of the 

Commission that all flowback and 

produced fluids, including brines, have 

been treated and disposed of in 

accordance with applicable state and 

federal law. 

(8) The Commission will grant or 

deny approval to operate under this 

approval by rule and will notify the 

project sponsor of such determination, 

including the sources and quantity of 

consumptive use approved. 

(9) Approval by rule shall be effective 

upon written notification from the 

Commission to the project sponsor, 

shall expire five years from the date of 

such notification, and rescind any 

previous consumptive use approvals to 

the extent applicable to the project. 

(10) Water withdrawals approved by 

the Commission pursuant to 

§ 806.4(a)(2) after the date of issuance of 

the approval by rule may be utilized as 

a source for the consumptive use 

authorized for the project provided such 

withdrawal source is approved for such 

use and is registered with the 

Commission at least 10 days prior 

thereto on a form and in a manner as 

prescribed by the Commission. 

(11) Approvals issued under this 

paragraph (f) shall not be transferable 

under § 806.6. 

Dated: September 16, 2008. 

Thomas W. Beauduy, 

Deputy Director. 

[FR Doc. E8–22805 Filed 10–1–08; 8:45 am] 

BILLING CODE 7040–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Docket No. EPA–R02–OAR–2008–0659, 

FRL–8723–8] 

Approval and Promulgation of 

Implementation Plans; New Jersey; 

Diesel Idling Rule Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan revision 

submitted by New Jersey to revise its 

rules regarding the idling of dieselpowered 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: Comments must be received on 

or before November 3, 2008. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

R02–OAR–2008–0659, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

• E-mail: Werner.Raymond@epa.gov. 

• Fax: 212–637–3901. 

• Mail: Raymond Werner, Chief, Air 

Programs Branch, Environmental 

Protection Agency, Region 2 Office, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866. 

• Hand Delivery: Raymond Werner, 

Chief, Air Programs Branch, 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866. Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

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Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Proposed Rules 57273 

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–R02–OAR–2008– 

0659. 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. 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 docket 

are listed in the http:// 

www.regulations.gov index. 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, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in 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. EPA requests, if 

at all possible, that you contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section to view 

the hard copy of the docket. You may 

view the hard copy of the docket 

Monday through Friday, 8 a.m. to 4 

p.m., excluding Federal holidays. 

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 

A. What did New Jersey submit? 

B. What is EPA’s evaluation of New 

Jersey’s SIP revision submittal? 

II. Proposed EPA Action 

III. 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 

limits the amount of time that engines 

of diesel-powered motor vehicles may 

idle. 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 

operative on July 25, 2007. On 

September 13, 2007, New Jersey 

submitted its revised diesel idling rule 

to EPA for approval as a SIP revision. 

New Jersey’s original diesel idling 

rule provided two exceptions to the 

three-minute limit: When at an 

operator’s place of business, a diesel 

vehicle was allowed to idle for up to 30 

minutes; and when a diesel vehicle’s 

engine had been stopped for three or 

more hours, the vehicle was allowed to 

idle for up to 15 minutes. New Jersey’s 

revised rule deletes the first exception 

and revises the second, so that the 15- 

minute limit only applies when the 

ambient temperature is below 25 

degrees Fahrenheit. In addition, New 

Jersey adopted a new exception, to 

allow a diesel bus that is actively 

discharging or picking up passengers to 

idle for 15 consecutive minutes in a 60- 

minute period. 

New Jersey’s rule also initially 

contained eight exemptions to the threeminute idling limit. Diesel vehicles 

were exempt from the three-minute 

limit when engaged in the following: 

discharging or picking up passengers; 

idling in traffic; idling to provide power 

to auxiliary equipment (except heating 

or air conditioning systems); idling 

while being or waiting to be examined 

by a motor vehicle inspector; actively 

performing emergency services; 

undergoing repair or service; connecting 

or detaching trailers; or, for diesel 

vehicles equipped with sleeper berths, 

while the sleeper berth was being used 

for rest, unless the vehicle had an 

auxiliary power system to maintain 

cabin comfort or assist with coldweather starting. 

In its revised rule, New Jersey 

removed the exemption for picking up 

and discharging passengers, replacing it 

with a 15-minute idling limit (see 

above), and removed the exemption for 

connecting or detaching trailers. New 

Jersey also clarified that a diesel vehicle 

being repaired or serviced may idle only 

if operation of the engine is essential to 

the repair or service being performed. 

New Jersey is also limiting the sleeper 

berth exemption by removing this 

exemption for any vehicle not equipped 

with either a 2007 or newer engine or 

an older engine retrofitted with a 

properly functioning diesel particulate 

filter. The revised sleeper berth 

exemption becomes effective on May 1, 

2010. However, the Commissioner of the 

New Jersey Department of 

Environmental Protection may delay the 

effective date of this revised exemption 

for up to one year, if it is determined 

that public safety would be adversely 

affected if the exemption were to take 

effect on May 1, 2010. Finally, New 

Jersey adopted a new exemption 

allowing technologies designed to 

reduce idling (such as auxiliary power 

units, generator sets, or bunk heaters) to 

operate provided the diesel vehicle’s 

main engine is not idling. 

In addition to the new and revised 

exemptions, New Jersey adopted a new 

provision prohibiting a diesel vehicle 

from idling for more than three minutes 

when parked in a space with available 

electrification technology, which is 

defined as ‘‘* * * a technology that 

harnesses an off-vehicle electrical 

system to provide a vehicle with climate 

control and other needs.’’ There are no 

exemptions from this provision. 

B. What is EPA’s evaluation of New 

Jersey’s SIP revision submittal? 

EPA has evaluated New Jersey’s SIP 

revision submittal (described above), 

including the comments and responses 

New Jersey received during its public 

process. EPA has determined that New 

Jersey adequately addressed the 

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57274 Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Proposed Rules 

comments received and that New 

Jersey’s revised diesel idling rule is 

enforceable and approvable as a control 

strategy to attain and maintain the 

national ambient air quality standards, 

as consistent with section 110(a)(2) of 

the Clean Air Act, 42 U.S.C. 7410(a)(2). 

II. Proposed EPA Action 

EPA is proposing to approve the 

revisions to New Jersey’s diesel idling 

rule as part of New Jersey’s ozone and 

particulate matter SIPs. 

III. 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 (Public Law 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. 

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. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: September 19, 2008. 

Alan J. Steinberg, 

Regional Administrator, Region 2. 

[FR Doc. E8–23246 Filed 10–1–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2005–0161; FRL–8723–4] 

RIN 2060–AO80 

Regulation of Fuels and Fuel 

Additives: Modifications to Renewable 

Fuel Standard Program Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to take 

action on amendments to the Renewable 

Fuel Standard program requirements. 

Following publication of the final rule 

promulgating the Renewable Fuel 

Standard regulations, EPA discovered a 

number of technical errors and areas 

within the regulations that could benefit 

from clarification or modification. This 

proposed rule would amend the 

regulations to make the appropriate 

corrections, clarifications and 

modifications. In the ‘‘Rules and 

Regulations’’ section of this Federal 

Register, we are amending the 

Renewable Fuel Standard program 

requirements as a direct final rule 

without a prior proposed rule. If we 

receive no adverse comment, we will 

not take further action on this proposed 

rule. 

DATES: Written comments must be 

received by November 3, 2008. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2005–0161, by mail to Air and 

Radiation Docket, Docket No. EPA–HQ– 

OAR–2005–0161, Environmental 

Protection Agency, Mailcode: 6406J, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. Please include a 

total of 2 copies. Comments may also be 

submitted electronically or through 

hand delivery/courier by following the 

detailed instructions in the ADDRESSES

section of the direct final rule located in 

the rules section of this Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: 

Megan Brachtl, Compliance and 

Innovative Strategies Division, Office of 

Transportation and Air Quality, Mail 

Code: 6406J, Environmental Protection 

Agency, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460; telephone 

number: (202) 343–9473; fax number: 

(202) 343–2802; e-mail address: 

brachtl.megan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why Is EPA Issuing This Proposed 

Rule? 

This document proposes to take 

action on amendments to the Renewable 

Fuel Standard program requirements. 

We have published a direct final rule 

which amends the Renewable Fuel 

Standard program requirements in the 

‘‘Rules and Regulations’’ section of this 

Federal Register because we view this 

as a noncontroversial action and 

anticipate no adverse comment. We 

have explained our reasons for this 

action in the preamble to the direct final 

rule. 

If we receive no adverse comment, we 

will not take further action on this 

proposed rule. If we receive adverse 

comment, we will withdraw the direct 

final rule and it will not take effect. We 

would address all public comments in 

any subsequent final rule based on this 

proposed rule. If we receive adverse 

comment on a distinct provision of this 

rulemaking, we will publish a timely 

withdrawal in the Federal Register 

indicating which provisions we are 

withdrawing. The provisions that are 

not withdrawn will become effective on 

the date set out above, notwithstanding 

adverse comment on any other 

provision. 

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