1. Proposed Regulation to Restrict Idling of Diesel-Powered Vehicles Environmental Quality Board Harrisburg, Pennsylvania October 16, 2007 Thomas K. Fidler, Deputy Secretary Office of Waste, Air and Radiation Management

2. Background of Proposed Rulemaking The Clean Air Board of Central PA, Inc. (CAB) petitioned EQB in October 2006. EQB accepted the petition for study in January 2007. As a result of the study, in May 2007, EQB directed DEP to develop a statewide idling restriction regulation. Proposed rulemaking amends 25 Pa. Code Chapter 126 by adding new Subchapters F and G and adds new definitions to Chapter 121.

3. Benefits and Costs Idling restrictions would reduce a significant source of diesel pollution, affecting fine particulate matter (PM 2.5) and ozone. Pennsylvania continues to face challenges in attaining and maintaining standards for these pollutants. Exposure to toxic diesel emissions would be reduced in areas where such vehicles congregate. Statewide regulation of anti-idling allows operators to know where and when idling is restricted.

4. Benefits and Costs Saves industry money by reducing fuel costs. For long-haul trucking, initial capital costs of on- truck alternative technology can be a challenge: costs less than $1,000 to as much as $10,000 with some state assistance available. Electrified parking spaces available at 11 truck stops statewide and in all states adjacent to Pennsylvania.

5. Proposed Provisions Applicable to diesel-powered “commercial motor vehicles,” similar to definition in U.S. Department of Transportation regulation. In practice, highway vehicles over 10,000 pounds, including most freight trucks and buses. Not off- road vehicles. Idling restrictions would apply at locations where commercial diesel vehicles load, unload, or park. An idling limitation of 5 minutes in any 60-minute period unless exemptions apply.

6. Proposed Exemptions (Section 126.612) Sleeper-berth trucks may idle in cold or hot temperatures until May 1, 2010. Alternative technology is available. Exemption does not apply if electrified parking spaces are available. Auxiliary power system and electrified parking spaces

7. Proposed Exemptions (con’t) Buses - allowed 15 minutes in 60 minute period when passengers onboard and no expiration of exemption.  During active loading and unloading (freight and passengers) if necessary.

8. Proposed Exemptions (con’t) Most included in EPA’s model law. When idling is necessary -- Work-related machinery On-road traffic Required for inspection Servicing To prevent health, safety emergency In an emergency or emergency training Armored vehicle School bus queuing in certain configurations Due to mechanical difficulties Also grandfathers alternative compliance plans for bus terminals.

9. Provisions for 2007+ Diesel Engines Proposed regulation allows idling by main engines with very low nitrogen oxides if so labelled. (126.612(b)) 2007+ engines cleaner than diesel-powered auxiliary power systems (APS), but drivers may still choose APSs for fuel savings. Requires APSs with 2007+ trucks to route through main exhaust filter or have label showing APS is cleaner (Subchapter G).

10. Comments Requested Diversity of needs Requesting comment to fine tune exemptions Examples -- trucks without sleeper berths, queuing for load inspection

11. Implementation  DEP has authority for administrative penalties and summary offenses.  Since most idling is due to truck travel rest at truck/rest stops, targeted education campaigns in selected areas would be more effective in reducing idling emissions than responding to individual complaints.  DEP inspectors and state and local police would have the authority to enforce.

12. Air Quality Technical Advisory Committee recommended proposed rulemaking for EQB consideration at its July 26, 2007, meeting. Citizens Advisory Council recommended on July 17, 2007. Small Business Compliance Advisory Committee consulted on July 25, 2007. Committee Review

13. Recommendation Approve the proposed rulemaking for public review and comment with a 60- day public comment period and three public hearings. Thank you for consideration of the proposal.

14. Thank You Thomas K. Fidler Deputy Secretary, Office of Waste, Air and Radiation Management Kristen Campfield Office of Chief Counsel Arleen Shulman Bureau of Air Quality Joyce E. Epps Bureau of Air Quality