1 

### Final Regulation Order

Requirements to Reduce Idling Emissions From New an d In-Use Trucks, Beginning in 2008

NOTE: The regulatory amendments to existing langua ge are shown in underline to

indicate additions to the text and strikeout to indicate deletions. Paragraphs within a section that are not being amended in this rulemaking are indicated by "[No Change.].” Subsection headings are shown in i talics so they will be published in a distinctive font in Barclays Califor nia Code of Regulations.

Amend the following sections of Title 13, Californi a Code of Regulations, to read as set forth in the following pages:

§ 1956.8 Exhaust Emission Standards and Test Procedures

for 1985 and Subsequent Model Year Heavy-Duty Engines and Vehicles

§ 2404 Emission Control Labels and Consumer Information

– 1995 and Later Small Off-Road Engines

§ 2424 Emission Control Labels – 1996 and Later Off-Road

Compression-Ignition Engines

§ 2425 Defects Warranty Requirements for 1996 and Later

Off-Road Compression-Ignition Engines

§ 2485 Airborne Toxic Control Measure to Limit

Diesel-Fueled Commercial Motor Vehicle Idling2

Amend Title 13, California Code of Regulations, § 1956.8, to read:

§ 1956.8. Exhaust Emissions Standards and Test Proce dures - 1985 and Subsequent Model Heavy-Duty Engines and Vehicles.

(a)(1) [No Change.]

(a)(2)(A) The exhaust emissions from new 2004 and s ubsequent model heavyduty diesel engines, heavy-duty natural gas-fueled and liquefied-petroleum-gasfueled engines derived from diesel-cycle engines, a nd heavy-duty methanolfueled diesel engines, and the optional, reduced-em ission standards for 2002 and subsequent model engines produced beginning Oct ober 1, 2002, except in all cases engines used in medium-duty vehicles, sha ll not exceed:

Exhaust Emission Standards for 2004 and Subsequent Model Heavy-Duty Engines, and Optional, Reduced Emission Standards for 2002 a nd Subsequent Model HeavyDuty Engines Produced Beginning October 1, 2002, Ot her than Urban Bus Engines

(grams per brake horsepower-hour [g/bhp-hr])

Model Year Oxides of Nitrogen Plus

Non-methane Hydrocarbons Optional Oxides

of Nitrogen Plus

Non-methane Hydrocarbons Oxides of

Nitrogen Non-methane

Hydrocarbons Carbon

Monoxide Particulates

2004-2006 H, 2.4 A,C,E,J 2.5 B,C,E,J n/a n/a 15.5 0.10 C

October 1, 2002 – 2006 n/a 1.8 to 0.3 A,D,F n/a n/a 15.5 0.03 to 0.01 G

2007 and subsequent n/a n/a 0.2 I 0.14 15.5 0.01 K

A This is the standard for the arithmetic sum of the oxides of nitrogen exhaust component certification value and the non-methane hydrocarbon exhaust component certi fication value, without individual restriction on t he individual component values.

B This is the standard for the arithmetic sum of the oxides of nitrogen exhaust component certification value and the non-methane hydrocarbon exhaust component certi fication value, with the non-methane hydrocarbon individual component value not to exceed 0.5 g/bhp- hr.

C For 2004 through 2006 model years, emissions avera ging may be used to meet this standard. Averaging m ust be based on the requirements of the averaging, banking and trading programs described in “California Exha ust

Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles” incorporated by reference in section 1956 .8 (b), below.

D A manufacturer may elect to certify to an optional reduced-emission NOx+NMHC standard between the val ues, inclusive, by 0.3 grams per brake horsepower-hour i ncrements. Engines certified to any of these option al reduced-emission NOx standards are not eligible for participation in any averaging, banking or trading programs described in “California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles” incorporate d by reference in section 1956.8 (b), below.

E May be used as the certification standard for the higher emitting fueling mode of an engine certified under the dual fueling mode certification process of section 1956.8 (a)(4), below.3 F May be used as the certification standard for the lower emitting fueling mode of an engine certified under the dual fueling mode certification process of section 1956.8 (a)(4), below.

G A manufacturer may elect to certify to an optional reduced-emission PM standard between the specified values, inclusive, by 0.01 grams per brake horsepower-hour increments. Engines certified to any of these optio nal reduced-emission PM standards are not eligible for participation in any averaging, banking or trading programs described in “California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles” incorporate d by reference in section 1956.8 (b), below.

H Engine manufacturers subject to the Heavy-Duty Die sel Engine Settlement Agreements (Settlement Agreements) 1 must produce engines in compliance with the requir ements contained in their respective Settlement Agreement. Most engine manufacturers sub ject to the Settlement Agreements are required to manufacture engines meeting the exhaust emission st andards for 2004 and subsequent model years engines beginning October 1, 2002.

I A manufacturer may elect to include any or all of its heavy-duty diesel engine families in any or all of the NOx emissions averaging, banking, or trading programs f or heavy-duty diesel engines, within the restrictio ns described in "California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles" incorporate d in section 1956.8 (b), below. If the manufacturer elects to include engine families in any of these programs , the NOx family emission limit (FEL) may not excee d the following FEL caps: 2.00 grams per brake horsepower -hour (0.75 grams per megajoule) for model years be fore 2010; 0.50 grams per brake horsepower-hour (0.19 gr ams per megajoule) for model years 2010 and later. The FEL cap applies whether credits for the engine fami ly are derived from averaging, banking, or trading programs.

J For 2007 through 2009 model years, a manufacturer may use these emission standards in accordance with section 1956.8 (a)(2)(B). A manufacturer may elect to include any or all of its heavy-duty diesel eng ine families in any or all of the NOx plus NMHC emissions averag ing, banking, or trading programs for heavy-duty di esel engines, within the restrictions described in "Cali fornia Exhaust Emission Standards and Test Procedur es for 1985 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles" incorporated in section 1956.8 (b), below. If the manufacturer elects to include engine families in any of these programs, the NOx family emission limit (FEL) may not exceed the following FEL caps: 2.00 grams per brake horsepower-hour (0.75 grams pe r megajoule) for model years. The FEL cap applies whe ther credits for the engine family are derived from averaging, banking, or trading programs.

K A manufacturer may elect to include any or all of its heavy-duty diesel engine families in any or all of the particulate averaging, banking, or trading programs for heavy-duty diesel engines, within the restrict ions

described in “California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles” incorporate d by reference in section 1956.8 (b), below. The particulate FEL for each engine family a manufactur er elects to include in any of these programs may n ot exceed an FEL cap of 0.02 grams per brake horsepower-hour (0.0075 grams per megajoule). The FEL cap applies whether credits for the engine family are derived f rom averaging, banking, or trading programs.

(a)(2)(B) through (a)(5) [No Change.]

1 Seven of the largest heavy-duty diesel engine manu facturers will be implementing measures to reduce emissions beginning October 1, 2002, to meet the re quirements of the Heavy-Duty Diesel Engine Settlement Agreements reached with the ARB. The Hea vy-Duty Diesel Engine Settlements were agreements reached in response to lawsuits brought by the United States Environmental Protection Agency and violations alleged by the ARB pertaining to excess in-use emissions caused by the use of defeat devices and unacceptable algorithms. Navista r signed its Settlement Agreement on October 22, 1998. Cummins, Detroit Diesel Corporation, Caterpil lar, Volvo, Mack and Renault signed their Settlemen t Agreements on December 15, 1998.4

(a)(6) Heavy-Duty Diesel Engine Idling Requirements.

(A) Engine Shutdown System. The requirements in this subsection apply to engine manufacturers and original equipment manu facturers, as applicable, that are responsible for the design and control of engine and/or vehicle idle

controls.

1. Requirements . Except as provided in subsections (a)(6)(B) and (a)(6)(C), all new 2008 and subsequent model-year h eavy-duty diesel engines shall be equipped with an engine shutdown system th at automatically shuts down the engine after 300 seconds of continuous idling o peration once the vehicle is stopped, the transmission is set to “neutral” or “p ark”, and the parking brake is engaged. If the parking brake is not engaged, then the engine shutdown system shall shut down the engine after 900 seconds of con tinuous idling operation once the vehicle is stopped and the transmission is set to “neutral” or “park.” The engine shutdown system must be tamper-resistant and non-programmable. A warning signal, such as a light or sound indicator inside the vehicle cabin, may be used to alert the driver 30 seconds prior to eng ine shutdown. The engine shutdown system must be capable of allowing the dri ver to reset the engine shutdown system timer by momentarily changing the p osition of the accelerator, brake, or clutch pedal, or other mechanism within 3 0 seconds prior to engine shutdown. Once reset, the engine shutdown system s hall restart the engine shutdown sequence described in this paragraph above , and shall continue to do so until the engine shuts down or the vehicle is dr iven.

2. Engine Shutdown System Override . The engine shutdown system may be overridden, to allow the engine to ru n continuously at idle, only under the following conditions: a. If the engine is operating in power take-off (PTO) mode. The PTO system shall have a switch or a setting tha t can be switched “on” to override the engine shutdown system and will reset to the “off” position when the vehicle’s engine is turned off or when the PTO equi pment is turned off. Subject to advance Executive Officer approval, other method s for detecting or activating PTO operation may be allowed; or, b. if the vehicle’s engine coolant temperature i s below 60 ° F. The engine shutdown system shall automatically be a ctivated once the coolant temperature reaches 60 ° F or above. The engine coolant temperature shall b e measured with the engine’s existing engine coolant temperature sensor used for engine protection, if so equipped. Other methods o f measuring engine coolant temperature may be allowed, subject to advance Exec utive Officer approval. c. if an exhaust emission control device is rege nerating, and keeping the engine running is necessary to prevent aftertreatment or engine damage, the engine shutdown system may be overridde n for the duration necessary to complete the regeneration process up t o a maximum of 30 minutes. Determination of what constitutes the need for rege neration will be based on data provided by the manufacturer at time of certificati on. Regeneration events that may require longer than 30 minutes of engine idling to complete shall require advance Executive Officer approval. At the end of the regeneration process, the engine shutdown system shall automatically be enabl ed to restart the engine5

shutdown sequence described in subparagraph (a)(6)( A)1. above. A vehicle that uses a regeneration strategy under engine idling op erating conditions shall be equipped with a dashboard indicator light that, whe n illuminated, indicates that the exhaust emission control device is regenerating . Other methods of indicating that the exhaust emission control device is regener ating may be used with advance Executive Officer approval. d. if servicing or maintenance of the engine req uires extended idling operation. The engine’s electronic control module may be set to temporarily deactivate the engine shutdown system f or up to a maximum of 60 minutes. The deactivation of the engine shutdow n system shall only be performed with the use of a diagnostic scan tool. At the end of the set deactivation period, the engine’s electronic contro l module shall reset to restart the engine shutdown system sequence described in su bparagraph (a)(6)(A)1.

above. (B) Exempt Vehicles. Heavy-duty diesel engines to be used in buses as defined in California Vehicle Code sections 233, 61 2 and 642, school buses as defined in California Vehicle Code section 545, rec reational vehicles as defined in Health and Safety Code 18010, medium duty vehicl es as defined in section 1900(b)(13) of title 13, California Code of Regulat ions, military tactical vehicles as defined in section 1905 of title 13, California Code of Regulations, and authorized emergency vehicles as defined in Califor nia Vehicle Code section 165 are exempted from these requirements. (C) Optional NOx idling emission standard. In lieu of the engine shutdown system requirements specified in subsection (a)(6)( A) above, an engine manufacturer may elect to certify its new 2008 and subsequent model-year heavy-duty diesel engines to an optional NOx idling emission standard of 30 grams per hour. Compliance with this optional s tandard will be determined based on testing conducted pursuant to the suppleme ntal NOx idling test cycle and procedures specified in section 86.1360-2007.B. 4 of the “California Exhaust

Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles,” as incorpo rated by reference in subsection (b). The manufacturer may request an al ternative test procedure if the technology used cannot be demonstrated using th e procedures in section 86.1360-2007.B.4, subject to advance approval of th e Executive Officer. A manufacturer certifying to the optional NOx idling standard must not increase emissions of CO, PM, or NMHC, determined by compari ng results from the supplemental NOx idling test cycle and procedures s pecified in section 86.1360-

2007.B.4 of the referenced “California Exhaust Emis sion Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and

Vehicles” to emission results from the idle mode of the supplemental steady state test cycle or emission results from idle portions o f the transient test cycle for heavy duty diesel engines

, respectively specified in sections 86-1360-2007 and

86.1327-98 of the referenced “California Exhaust Em ission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles.” With advance Executive Officer approval , a manufacturer may use other methods of ensuring that emissions of CO, PM, and NMHC are not6

adversely affected in meeting the optional NOx requ irement. Also, manufacturers shall state in their application for certification that meeting the optional NOx idling requirement will not adversely affect the associated emissions of CO, PM and NMHC. An engine manufacturer certifying its engine to the optional NOx idling emission standard must also produce a vehicle label , as defined in subsection

35.B.4 of the “California Exhaust Emission Standard s and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles

, ” as incorporated by reference in subsection (b). (D) Optional Alternatives to Main Engine Idling. All new 2008 and subsequent model year heavy duty diesel engines may also be equipped with idling emission reduction devices that comply with the compliance requirements specified in title 13, CCR

, section 2485(c)(3).

(b) The test procedures for determining compliance with standards applicable to 1985 and subsequent model heavy-duty diesel engines and vehicles and the requirements for participating in the averaging, ba nking and trading programs,

are set forth in the “California Exhaust Emission S tandards and Test Procedures for 1985 Through 2003 Model Heavy-Duty Diesel Engin es and Vehicles,“ adopted April 8, 1985, as last amended December 12, 2002, the “California

Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles,” adop ted December 12, 2002, as last amended September 1, 2006, and the “California Interim Certification Procedures for 2004 and Subsequent Model Hybrid-Ele ctric Vehicles, in the Urban Bus and Heavy-Duty Vehicle Classes,” adopted October 24, 2002, which are incorporated by reference herein.

(c ) through (h) [No Change.]

NOTE: Authority cited: Sections 39600, 39601, 4301 3, 43018, 43100, 43101, 43102, 43104, 43105 and 43806, Health and Safety Code; and Section 28114, Vehicle Code. Reference: Sections 39002, 39003, 39500, 43000, 430 13, 43017, 43018, 43100,
43101, 43101.5, 43102, 43104, 43106, 43202, 43204, 43205.5, 43206, 43210, 43211, 43212, 43213 and 43806, Health and Safety Code; and Section 28114, Vehicle Code.7

Amend Title 13, California Code of Regulations, § 2404, to read:

§ 2404. Emission Control Labels and Consumer Infor mation – 1995 and Later Small Off-Road Engines.

(a) Purpose. Purpose. The Air Resources Board recognizes that certain emissions-critical or emissions-related parts must be properly identified and maintained in order for engines to meet the applicable emissio n standards. In addition, the Board recognizes that information regarding engines’ emis sions levels may influence consumer choice. These specifications require engi ne or equipment manufacturers to affix a label (or labels) on each production engine (or equipment, as applicable) to provide the engine or equipment owner and service m echanic with information necessary for the proper maintenance of these parts in customer use. These specifications further require engine or equipment manufacturers to make information regarding relative emissions levels available to po tential ultimate purchasers. For engines used in auxiliary power systems which, in t urn, are used to comply with the diesel-fueled commercial vehicle idling requirement s of title 13, CCR, section 2485(c)(3)(A), additional labeling requirements for the engine or equipment manufacturers apply, as set forth in section 35.B.4 of the “California Exhaust Emission Standards and Test Procedures for 2004 and Subseque nt Model Heavy-Duty Diesel Engines and Vehicles,” as incorporated by reference in title 13, CCR, section 1956.8(b).

(b) through (l) [No Change.]

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43017, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sect ions 43013, 43017, 43018, 43101, 43102, 43104, 43150-43154, 43205.5 and 43210 -43212, Health and Safety

Code.8

Amend Title 13, California Code of Regulations, § 2 424, to read:

§ 2424. Emission Control Labels — 1996 and Later O ff-Road CompressionIgnition Engines.

(a) Purpose. Purpose. The Air Resources Board recognizes that certain e missionscritical or emissions-related parts must be properl y identified and maintained in order for engines to meet the applicable emission standards. The purpose of these specifications is to require engine manufacturers t o affix a label (or labels) on each production engine (or equipment) to provide the eng ine or equipment owner and service mechanic with information necessary for the proper maintenance of these parts in customer use. For engines used in auxiliary power systems which, in turn, are used to comply with the diesel-fueled commercial vehicle id ling requirements of title 13, CCR, section 2485(c)(3)(A), additional labeling requirem ents for the engine or equipment manufacturers apply, as set forth in section 35.B.4 of the “California Exhaust Emission Standards and Test Procedures for 2004 and Subseque nt Model Heavy-Duty Diesel Engines and Vehicles,” as incorporated by reference in title 13, CCR, section 1956.8(b)

.

(b) through (k) [No Change.]

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104 and 43105, Health and Safety Code.9

Amend Title 13, California Code of Regulations, § 2 425, to read:

§ 2425. Defects Warranty Requirements for 1996 and Later Off-Road Compression-Ignition Engines.

(a) through (d) [No Change.]

(e) Each manufacturer shall furnish with each new e ngine written instructions for the maintenance and use of the engine by the owner. The instructions shall be consistent with this article and applicable regulat ions contained herein. In addition, for engines less than 19 kilowatts, each manufacturer s hall furnish with each new engine a written statement as follows: “In order to operate in California, a diesel-fueled engine in an auxiliary power system used to comply with the A irborne Toxic Control Measure to Limit Diesel-Fueled Commercial Motor Vehicle Idling requirements of the California Code of Regulations, must have one of the following apply: (1) be equipped with a verified Level 3 in-use strategy for particulate ma tter control, (2) have its exhaust routed directly into the vehicle’s exhaust pipe, upstream of the diesel particulate matter aftertreatment device, or (3) use an alternate part iculate matter control strategy with prior Executive Officer approval. (For more detail s, please see the California Code of Regulations, title 13, section 2485(c)(3)(A).)”

(f) through (g) [No Change.]

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43102, 43104 and 43105, Health and Safety Code. Reference: Sect ions 43013, 43017, 43018, 43101, 43102 and 43205.5, Health and Safety Code.10

Amend Title 13, California Code of Regulations, § 2485, to read:

§ 2485. Airborne Toxic Control Measure to Limit Di esel-Fueled Commercial Motor Vehicle Idling.

(a) Purpose. Purpose. The purpose of this airborne toxic control measur e is to reduce public exposure to diesel particulate matter and other air contaminants by limiting the idling of diesel-fueled commercial mot or vehicles.

(b) Applicability. Applicability. This section applies to diesel-fueled commercial m otor vehicles that operate in the State of California wi th gross vehicular weight ratings of greater than 10,000 pounds that are or must be l icensed for operation on highways. This specifically includes:

(1) California-based vehicles; and

(2) Non-California-based vehicles.

(c) Require ments. Requirements.

(1) Idling Restriction.

On or after February 1, 2005, the driver of any veh icle subject to this section shall comply with the following requirements, excep t as noted in subsection (d) below :

(1 A ) the driver

shall not idle the vehicle’s primary diesel engine for greater than 5.0 minutes at any location. , e xcept as noted in subsection (d); and

(2 B) the driver

shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any an cillary equipment on that vehicle during sleeping or resting in a sleepe r berth for greater than 5.0 minutes at any location when within 100 feet of a restricted area.

, except as noted in Subsection (d)

.

(2) Use of Alternative Technologies

.

(A) On or after January 1, 2008, the driver shall n ot operate an internal combustion APS on any vehicle equipped with a 2007 and subsequent model year primary diesel engine unless the vehicle is:

1. equipped with an APS meeting the emissions perfo rmance requirements found in subsection (c)(3)(A), below; and11 2. the vehicle is equipped with a label meeting the requirements pursuant to section 35.B.4 of the “California Exhau st Emission Standards and Test Procedures for 2004 and Subseque nt Model Heavy-Duty Diesel Engines and Vehicles,” as incorpo rated by reference in title 13, CCR, section 1956.8(b).

(B) On or after January 1, 2008, the driver shall n ot operate a fuel-fired heater on any vehicle equipped with a 2007 and subs equent model year primary diesel engine unless the fuel-fired he ater meets the emissions performance requirements found in subsect ion (c)(3)(B),
below;

(C) On or after January 1, 2008, the driver of a ve hicle equipped with a 2006 or older model year primary diesel engine may use and operate in California any certified internal combustion APS wi th or without the additional PM control specified in subsection (c)(3 )(A)1. or any other certified alternative idling reduction technology.

(3) Compliance Requirements. As an alternative to idling the primary engine, diesel engines/vehicles may, as an option, be equip ped with alternative technologies, as listed and defined below in (A), ( B), and (C) of this subsection. If so equipped, these technologies are subject to the following requirements:

(A) Internal Combustion APS.

1. In order to operate in California, an APS uti lizing an internal combustion engine must comply with applicable Calif ornia off-road

and/or federal non-road emission standards and test procedures for its fuel type and power category. In addition, die sel-fueled APSs installed on vehicles equipped with primary engines certified to the 2007 and subsequent model year heavy-duty diesel en gine standards, pursuant to section 1956.8(a)(2)(A) of t itle 13, CCR,
shall either,

a. be equipped with a verified Level 3 in-use strat egy for particulate matter control (see title 13, CCR, sect ions 2700 to 2710), or

b. have its exhaust routed directly into the veh icle’s exhaust pipe, upstream of the diesel particulate matter aftertrea tment device.

2. With advance Executive Officer approval, a certi fying/verifying APS manufacturer may petition for an alternate complian ce strategy other than described in (A)1.a. or b. in this subse ction above. However, this provision is limited to manufacturers that can12 demonstrate, to the satisfaction of the Executive O fficer, that their alternative strategy is equivalent (or “cleaner”), from an emissions standpoint, compared to the requirement described i n (A)1.a. or b. in this subsection above. As an example, strategie s that can use the available electric power infrastructure, instea d of solely operating a diesel-fueled APS for engine and/or cab heating and cooling, may be able to use such a strategy to demo nstrate compliance with these requirements.

(B) Fuel-Fired Heaters. Fuel-fired heaters must comply with the applicable California emission standards and test procedures a s specified in the Low Emission Vehicle program requirements found in title 13, CCR, subsections 1961(a)(15) and (d), or in Part I.E.1.1 3 of the “California

Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks and MediumDuty Vehicles,” as incorporated by reference in tit le 13, CCR, section 1961(d). However, the specified requirement that l imits fuel-fired heaters from being operated above 40 ° F does not apply.

(C) Other Idle Reduction Technologies. Other technologies that will reduce idling emissions may also be used, including the us e of batteries, fuel cells, power inverter/chargers for on-shore electri cal power, on-shore electric power infrastructure also known as truck s top electrification, and other technologies that produce minimal or no emiss ions. With the exception of battery and fuel cell powered APSs, po wer inverter/chargers, and electric power infrastructur e, the use of other technologies are subject to advance Executive Offic er approval and must be at least as effective in reducing idling em issions as the technologies described in subsections (c)(3)(A), ab ove, or the NOx idling emission standard specified in title 13, CCR , section 1956.8(a)(6)(C). The Executive Officer shall use g ood engineering judgment and test data to determine if an idle redu ction technology provides idling emission controls equivalent to the standards specified in subsection (c)(3)(A) above, or in title 13, CCR, section 1956.8(a)(6)(C).

(D) Labeling Requirements. 2007 and subsequent model year commercial diesel vehicles equipped with an internal combustio n APS meeting the requirements specified in subsection (c)(3)(A) shal l have a label affixed to the hood of the vehicle to allow operation of th e APS in California. The labels shall meet the requirements specified in section 35.B.4 of

the “California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles,” as incorporated by reference in title 13, CCR, sect ion 1956.8(b)

.13

(d) Exceptions. Exceptions.

(1) Except when a vehicle is located within 100 fee t of a restricted area, subsection (c)(1)(A) does not apply, if the vehicle is equipped with

(A) a primary diesel engine meeting the optional NO x idling emission standard pursuant to title 13, CCR, section 1956.8( a)(6)(C); and

(B) a label meeting the requirements pursuant to se ction 35.B.4 of the

“California Exhaust Emission Standards and Test Pro cedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles,” as incorporated by reference in title 13, CCR, section 1956.8(b)

.

(2) Subsection (c)(1) does not apply for the period or periods during wh ich

(1 A ) a bus is idling for

(A 1 )

. up to 10.0 minutes prior to passenger boarding, or (B 2 )

. when passengers are onboard;

(2 B ) prior to January 1, 2008, idling of the primary diesel engine is

necessary to power a heater, air conditioner, or an y ancillary equipment during sleeping or resting in a sleeper b erth. This provision does not apply when operating within 100 feet of a restricted area;

(3 C ) idling when the vehicle must remain motionless du e to traffic

conditions, an official traffic control device, or an official traffic control signal over which the driver has no control , or at the direction of a peace officer, or operating a diesel -fueled APS or

other device at the direction of a peace officer;

(4 D ) idling when the vehicle is queuing that at all ti mes is beyond 100

feet from any restricted area;

(5 E ) idling of the primary diesel engine, or operating a diesel-fueled

APS, or operating other devices when forced to remain motionless

due to immediate adverse weather conditions affecti ng the safe operation of the vehicle or due to mechanical diffi culties over which the driver has no control;

(6 F ) idling to verify that the vehicle is in safe oper ating condition as

required by law and that all equipment is in good w orking order, either as part of a daily vehicle inspection or as otherwise needed, provided that such engine idling is mandatory for s uch verification;14 (7 G ) idling of the primary diesel engine, or operating a diesel-fueled

APS, or operating other devices is mandatory for testing, servicing, repairing, or diagnostic purposes, including regene ration or

maintenance of the exhaust emission control device during engine idling when the dashboard indicator light, if so eq uipped, is illuminated indicating that regeneration or mainten ance is in

progress;

(8 H ) idling when positioning or providing a power sour ce for equipment

or operations, other than transporting passengers o r propulsion, which involve a power take off or equivalent mechan ism and is powered by the primary engine for:

(A 1 )

. controlling cargo temperature, operating a lift, c rane, pump, drill, hoist, mixer (such as a ready mix concrete t ruck), or other auxiliary equipment; (B 2 )

. providing mechanical extension to perform work fun ctions for which the vehicle was designed and where substitute alternate means to idling are not reasonably availa ble; or (C 3 )

. collection of solid waste or recyclable material b y an entity authorized by contract, license, or permit by a sch ool or local
government;

(9 I ) idling of the primary diesel engine, or operating a diesel-fueled

APS, or operating other devices when operating defrosters, heaters, air conditioners, or other equipment solel y to prevent a safety or health emergency;

(10 J ) idling of the primary diesel engine, or operating a diesel-fueled

APS, or operating other devices by authorized emergency vehicles while in the course of providing services for which the vehicle is designed;

(11 K ) idling of military tactical vehicles during perio ds of training, testing,

and deployment ; and

(12 L ) idling when operating equipment such as a wheelch air or people

assist lift as prescribed by the Americans with Dis abilities Act;

.

(e) Relationship to Other Law. Relationship to Other Law

.

Nothing in this section allows idling in violation of other applicable law, including,

but not limited to:

(1) California Vehicle Code Section 22515;15

(2) Title 13, Section 2480, California Code of Regu lations;

(3) California Health and Safety Code Section 40720 ; or

(4) any applicable ordinance, rule, or requirement as stringent as, or more stringent than, this section.

(f) Enforcement. Enforcement. This section may be enforced by the Air Resources Board; peace officers as defined in California Pena l Code, title 3, chapter 4.5, Sections 830 et seq. and their respective law enfor cement agencies’ authorized representatives; and air pollution control or air q uality management districts.

(g) Penalties. Penalties. For violations of subsection (c)(1), (c)(2) or (c)(2 3 ), the driver of a subject vehicle is subject to a minimum civil penalty of 100 dollars and to criminal penalties as specified in the Health an d Safety Code and the Vehicle

Code.

(h) Definitions. Definitions.

The following definitions apply to this section:

(1) “Authorized emergency vehicle” is as defined in Vehicle Code Section

165.

(2) “Auxiliary power system” or “APS” means any de vice that is permanently

dedicated to the vehicle on which it is installed a nd provides electrical, mechanical, or thermal energy to the primary diesel engine, truck cab,

and/ or sleeper berth, bus’s passenger compartment or an y other commercial vehicle’s cab, as an alternative to idling the primary diesel engine.

(3) “Bus” means any vehicle defined in Title 13, Ca lifornia Code of Regulations, Section 2480, subsections (h) (13)-(16 ), inclusive or as

defined in the Vehicle Code Section 233.

(4) “Commercial Motor Vehicle” means any vehicle or combination of vehicles defined in Vehicle Code Section 15210(b) and any ot her motor truck or bus with a gross vehicle weight rating of 10,001 po unds or more, except the following: (A) a zero emission vehicle; or (B) a pickup truck as defined in Vehicle Code Secti on 471.

(5) “Driver” is as defined in Vehicle Code Section 305.

(6) “Fuel-fired heater” means a fuel burning device that creates heat for the purpose of (1) warming the cab or sleeper berth com partment of a vehicle16 or (2) warming the engine oil and/or coolant for ea sy start-up of the vehicle’s engine but does not contribute to the pro pulsion of the vehicle

.

(6 7 ) "Gross vehicle weight rating" is as defined in Ve hicle Code Section 350.

(7 8 ) “Highway” is as defined in Vehicle Code Section 3 60.

(8 9 ) “Idling" means the vehicle engine is running at a ny location while the vehicle is stationary.

(9 10 ) "Motor truck" or "motortruck" means a motor vehic le designed, used, or maintained primarily for the transportation of prop erty.

(10 11 ) "Official traffic control device" is as defined i n Vehicle Code Section 440.

(11 12 ) “Official traffic control signal" is as defined i n Vehicle Code Section 445.

(12 13 ) “Owner” is as defined in Vehicle Code Section 460

.

(13 14 ) “Primary diesel engine” means the diesel-fueled e ngine used for vehicle propulsion.

(14 15 ) “Queuing” means (A) through (C) (A) the intermittent starting and stopping of a ve hicle; (B) while the driver, in the normal course of doin g business, is waiting

to perform work or a service; and (C) when shutting the vehicle engine off would imp ede the progress of

the queue and is not practicable. (D) Queuing does not include the time a driver may wait motionless in

line in anticipation of the start of a workday or o pening of a location where work or a service will be performed.

(15 16 ) “Restricted area” means any real property zoned f or individual or multifamily housing units that has one or more of s uch units on it.

(16 17 ) "Safety or health emergency" means: (A) a sudden, urgent, or usually unforeseen, occur rence; or (B) a foreseeable occurrence relative to a medical or physiological

condition.

(17 18 ) “Sleeper berth” is as defined in Title 13, Califo rnia Code of Regulations,

Section 1265.

(18 19 ) “Vehicle” is as defined in the Vehicle Code Secti on 670.17

Authority: Sections 39600, 39601, 39614(b)(6)(A), 3 9658, 39667, 43000.5(d), 43013(b), 43013(h), 43018(b) and 43018(c), Health a nd Safety Code; and Western Oil & Gas Assn. v. Orange County Air Pollut ion Control Dist. (1975) 14

Cal.3d.411.

Reference: Sections 39002, 39003, 39027, 39500, 39 600, 39650, 39655, 39656,
39657, 39658, 39659, 39662, 39665, 39674, 39675, 39 667, 42400, 42400.1,
42400.2, 42400.3, 42402, 42402.1, 42402.2, 42402.3, 42403.5, 42410, 43000.5(d), 43013 and 43018, Health and Safety Code ; Sections 305, 336, 350,
440, 445, 545, 546, 642, 680, 21400, 22452, 22515, 27153, 40001 and 40001(b)(5), Vehicle Code; and Sections 1201,1900, 1962 and 2480, Title13, California Code of Regulations.