Chris Trostle Bureau of Air Quality PA Department of Environmental Protection Harrisburg, PA

1. Chris TrostleBureau of Air QualityPA Department of Environmental ProtectionHarrisburg, PA Air Quality Technical Advisory Committee Meeting May 23, 2008 Consideration of Final Rulemaking Restrictions on Diesel Vehicle Idling; Auxiliary Power Systems Regulation 25 Pa. Code Chapter 126, Subchapter F

2. Consideration of Restrictions of Diesel Vehicle Idling Final 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 added new definitions to Chapter 121 and new Subchapters F and G to 25 Pa. Code Chapter 126. AQTAC, PA DEP

3. Consideration of Restrictions on Diesel Vehicle Idling Final Rulemaking Benefits for Idling Restrictions: • 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 diesel vehicles congregate. • Statewide regulation of anti-idling allows operators to know where and when idling is restricted. AQTAC, PA DEP

4. Restrictions of Diesel Vehicle Idling Rulemaking Timeline • March 17, 2008 – Public comment period ended. • April 16, 2008 – Comment period for IRRC ended. • May 2008 – Final-form rulemaking presented to AQTAC and the Citizens Advisory Committee. • August 19, 2008 – Anticipated consideration by Environmental Quality Board (EQB). • December 2008 – Anticipated final-form rulemaking publication and effective date. AQTAC, PA DEP

5. Restrictions on Diesel Vehicle Idling Final Rulemaking • Defines numerous terms in Chapter 121 to support the regulation. • Restricts idling to no more than 5 minutes per hour with exemptions for safety, health, air quality, and practical considerations. • Gives flexibility for sleeper berths to acquire alternative idling technology before temperature exemption expires. • Refines exemptions for low-NOx idle engines. AQTAC, PA DEP

6. Restrictions on Diesel Vehicle Idling Comments • Received 568 comments. • More than 500 comments expressed support of the regulation. • Received petitions with more than 2,200 signatures. • Comments received from 38 commentators opposed to either the regulation or the temperature exemption. • Received many comments expressing general support from business and industry but asking for additional exemptions or guidance. • Independent Regulatory Review Commission submitted extensive comments on April 16, 2008. AQTAC, PA DEP

7. Restrictions on Diesel Vehicle IdlingFinal Rulemaking Comments • Comments addressed these areas: • General support. • General opposition. • Against temperature exemption for sleeper berths. • Unreasonable cost burden shouldered by truckers. • Location owners should not be responsible for idling on their property. • More exemptions suggested for farm activities, warranty provisions, waste industry, special needs children, queuing, trucks without sleeper berths, permitted loads, utility trucks and motor coaches. AQTAC, PA DEP

8. Restrictions on Diesel Vehicle Idling Comments from Engine Manufacturers Association (EMA) • EMA comments: • Extend exemption for optional NOx idling standard to include pre-2007 engines. • Auxiliary power system (APS) requirements in Section 126.701 and 126.702 must be identical to CARB requirements. • These APS requirements must meet two-year lead time. • APS exhaust may be routed through exhaust only if manufacturer approves. AQTAC, PA DEP

9. Restrictions on Diesel Vehicle Idling Comments from IRRC IRCC comments: • Asked for additional definitions or explanations of existing definitions, particularly “commercial motor vehicle”. • Concerned about equity of enforcement to driver, including interference with drivers’ rest periods. • Questioned legality of local government “grandfather”provision for bus terminals. • Asked that preamble explain enforcement and financial assistance. AQTAC, PA DEP

10. Definitions added (drawn from existing EPA, PennDOT definitions where possible) Bus Bus terminal Diesel-powered Farm equipment Farm vehicle Implements of husbandry and commercial implements of husbandry Motor home School bus Stationary idling technology Definition revised Highway Definitions deleted Auxiliary Power System Commercial Motor Vehicle Restrictions on Diesel Vehicle IdlingFinal Rulemaking Changes in Chapter 121 Definitions AQTAC, PA DEP

11. Restrictions on Diesel Vehicle Idling Final Rulemaking • Definition of “commercial motor vehicle” deleted. • Applicability based only on weight at 10,001 gross vehicle weight rating. • Includes buses and most school buses. • Not applicable to farm-related motor vehicles or motor homes. AQTAC, PA DEP

12. Restrictions on Diesel Vehicle Idling Exemptions • Exemptions extended to include: • If idling is necessary for permitted loads waiting for a police escort. • If idling is necessary for loading, unloading, weighing or sampling property, passengers or waste, or waiting, for up to 15 minutes in a 60-minute period. • If idling is necessary to protect special needs students. • Pre-2007 vehicles labeled as meeting low NOx idling emission standard. AQTAC, PA DEP

13. Restrictions on Diesel Vehicle Idling Exemptions • Not changed in final-form regulation: • Responsibility of location owners • Temperature exemption • Not provided with new exemption • Waste haulers (full exemption) • Vehicles without sleeper berth • All school bus queuing • All construction activities • Any public vehicle exempted by local regulation AQTAC, PA DEP

14. Restrictions on Diesel Vehicle Idling Exemptions • Already covered in existing exemption: • Utility crews • Waste haulers (in most situations) • Regeneration of particulate filters • Unloading/loading at construction sites AQTAC, PA DEP

15. Restrictions on Diesel Vehicle Idling Other Provisions • Subchapter G regulating diesel-powered auxiliary power systems • Deleted in its entirety. • To meet legal and practical concerns, provisions could not have been implemented until Model Year 2012. • APS equipment and adoption by industry are rapidly changing. • Department will monitor developments. AQTAC, PA DEP

16. Restrictions on Diesel Vehicle Idling Other Provisions New Section 126.613 (Permanent Idling Restriction Signs): • Requirement for certain locations to post signs. • Signs to be approved by PennDOT as to size, content and other factors. • Cost could be as little as $10 per sign. AQTAC, PA DEP

17. Next Step • We request your concurrence in the Department’s recommendation to present this final-form rulemaking to the EQB for approval. • Your consideration of this final rulemaking is greatly appreciated. AQTAC, PA DEP

18. Office of Waste, Air and Radiation Management Thomas K. Fidler, Deputy Secretary Joyce E. Epps Bureau of Air Quality Kristen Furlan Office of Chief Counsel Chris Trostle Bureau of Air Quality AQTAC, PA DEP