1. Petition to Adopt Regulations to Restrict Idling of Diesel-Powered Vehicles Environmental Quality Board Harrisburg, Pennsylvania January 17, 2006

2. Petition for Rulemaking: Restricting the Idling of Diesel-Powered Vehicles On October 18, 2006, the Clean Air Board of Central PA, Inc., (CAB) submitted a petition for rulemaking to the Environmental Quality Board (EQB) to adopt a statewide regulation to restrict the idling of diesel-powered vehicles. The CAB also submitted a petition to the Department of Transportation.

3. Summary of the Petition’s Proposed Provisions The recommended program would apply to all “commercial diesel vehicles.” The term appears to be consistent with the “commercial motor vehicle” definition in 40 CFR §390.5. “Commercial motor vehicles” are self-propelled or towed motor vehicles used on a highway in interstate commerce to transport passengers or property when the vehicle: Has a gross vehicle weight of 4,536 kg (10,001 pounds), or Is designed or used to transport 8 passengers (including driver) for compensation, or Is designed or used to transport more than 15 passengers (including driver) not for compensation, or Is used in transporting hazardous material in a quantity requiring placarding.

4. Summary of the Petition’s Proposed Provisions 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. Exemptions for operating during maintenance, for safety reasons, or in cold or hot temperatures are provided. The transitional temperature exemptions would expire in April 2010. The rulemaking would not regulate the operation of auxiliary power units, generator sets, or other mobile idle- reduction technology.

5. Acceptability of Anti-Idling Petition for Rulemaking The petition was examined under 25 Pa. Code § 23.2 to determine if: the petition is complete; the petition requests an action that can be taken by the EQB; and the requested action conflicts with Federal law. Within 30 days of receipt, the Department determined that the petition met the acceptability criteria.

6. Acceptability of Anti-Idling Petition for Rulemaking On November 15, 2006, the EQB notified the petitioners, as required under § 23.3, that the petition would be considered for acceptance by the EQB.

7. Idling Concerns Identified in the Petition Idling highway diesel engines are a significant source of diesel pollution, which include fine particulate matter (PM 2.5), ozone precursors, and air toxics. PM 2.5 poses serious public health and environmental problems in many areas of the Commonwealth. Statewide regulation of anti-idling would prevent a patchwork system of regulations in Pennsylvania. Idling diesel engines increase emissions and waste fuel. Better, cost-effective technologies to reduce emissions during truck rest periods are available today.

8. Idle Reduction Benefits in Petition Idling restrictions will: protect the health of Pennsylvanians including those most vulnerable to the effects of air pollution; lower air pollutant concentrations; reduce PM 2.5 emissions in non-attainment areas; reduce local hotspots of fine PM; reduce diesel fuel use; and reduce engine wear and maintenance costs.

9. Acceptance of the Petition for Further Study The Department believes that the anti-idling petition is appropriate for further study. If the EQB accepts the petition, a notice of acceptance will be published in the Pennsylvania Bulletin within 30 days, as required under § 23.6. Within 60 days, the Department will also prepare a report evaluating the petition. DEP will consult with PennDOT during the drafting of the report.

10. 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