### TITLE 13. CALIFORNIA AIR RESOURCES BOARD

NOTICE OF PUBLIC HEARING TO CO NSIDER REQUIREMENTS TO REDUCE

IDLING EMISSIONS FROM NEW AND IN -USE TRUCKS, BEGINNING IN 2008

The Air Resources Board (the Board or ARB) will conduct a public hearing at the time and place noted below to consider adoption of amendments to Califor nia regulations for new and in-use heavy-duty diesel engines and trucks.

DATE: October 20, 2005

TIME: 9:00 a.m.

PLACE: California Environmental Protection Agency

Air Resources Board Byron Sher Auditorium

1001 I Street Sacramento, CA 95814

This item will be considered at a two-day meeting of the B oard, which will commence at 9:00 a.m., October 20, 2005, and may continue at 8:30 a.m., October 21, 2005. This item may not be considered until October 21, 2005. Please consult the agenda for the meeting, which will be available at least 10 days before October 20, 2005, to determine the day on which this item will be considered.

If you have a disability-related accommodation need, please go to http://www.arb.ca.gov/html/ada/ ada.htm for assistance or cont act the ADA Coordinator at (916) 323-4916. If you are a person who ne eds assistance in a language other than English, please contact the Bilingual Coordi nator at (916) 324-5049. TTY/TDD/Speech-toSpeech users may dial 7-1-1 for the California Relay Service.

INFORMATIVE DIGEST OF PROPOSED ACTION AND POLICY STATEMENT

OVERVIEW

Sections Affected : Proposed amendments to title 13, California Code of Regulations (CCR), sections 1956.8 and the incorporated “California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles,” adopted December 12, 2002.

Background :

Health and Safety Code (HSC) sections 43013 and 43018 direct the ARB to adopt emission standards for new heavy-duty motor v ehicles to achieve maximum feasible emission reductions. Additionally, HSC se ction 43104 directs the ARB to adopt test procedures to ensure compliance with those em ission standards. Further, in 2000, the2 Board approved the Diesel Risk Reduc tion Plan, which recommended tightening particulate matter (PM) emission standards for heavy-duty diesel engines and vehicles.

The 2003 State and Federal Strat egy for the California Stat e Implementation Plan (SIP)

also calls for the reduction of reactive organic gases (ROG) and oxides of nitrogen (NO
x ) which, when combined with high ambient temperatures and sunlight, form ozone air pollution. NOx emissions contribut e to secondary PM formation as well.

Exhaust emissions from heavy-duty diesel engi nes and vehicles have been regulated in California since 1973. With technologica l advancements and improved engine designs, more stringent standards have been implement ed. For example, 2004 model-year engines must be certified to 50 percent lower NO
x emissions compared to 1998 levels. When California’s aftertreatment-forcing em ission standards become effective in 2007,

both NO
x and PM emissions will be r educed by another 90 percent.

Emissions from extended and unnecessary idling pose a significant air quality concern. Idling emissions are particularly significant at locations such as truck stops, travel

centers and rest areas where tr uck drivers stop to rest for long periods of time. Idling emissions are also significant at warehous e/distribution centers and port terminals, where loading and unloading of freight often require long waiting periods. Such locations can experience very high concentra tions of trucks idling for extended periods of time, thereby producing highly localiz ed and concentrated emission levels. These

emissions affect the health of the drivers, truck stop, warehouse, ports personnel, and the neighboring community. The health conc erns in particular become more serious when these idling spots are located in lo w-income communities that are already impacted by air pollution.

In crafting the proposal, ARB staff met with e ngine manufacturers, tr uck manufacturers, and other interested parties in several individual and group conference calls and meetings, including a public workshop on June 4, 2003, and March 23, 2005.

Staff Proposal :

Staff’s proposal consists of two parts. The first component regulates new 2008 and subsequent model year heavy-duty diesel engines, and the second component regulates in-use sleeper berth equipped trucks.

The first component applies to new 2008 and s ubsequent model year heavy-duty diesel engines in trucks with a gross vehicle weight rating greater than 14,000 pounds. Staff’s proposal requires these heavy-duty dies el engines to be equipped with a nonprogrammable engine shutdown system that automatically shuts down the engine after five minutes of continuous idling. In lieu of the engine shutdown system, engine manufacturers may optionally certify to a NOx idling emission stand ard of 30 grams per

hour.

The proposed in-use requirement applies to sleeper berth equipped trucks of all model years, including those register ed out-of-state. It requires operators to manually shut off3 their engines before the 5-minute idling time is reached. This proposal will modify the

airborne toxic control measur e that was adopted in July 2004 (13, CCR, § 2485) that limits idling of diesel-fueled commercial he avy-duty vehicles and buses to include trucks with sleeper berths.

The proposal allows the use of optional alte rnative technologies to provide power for

cab comfort and on-board accessories that would otherwise have required continuous idling of the vehicle’s main engine. These cab comfort technologie s include, but are not limited to, internal combustion auxiliary power systems (APS) and fuel-f ired heaters. In order to operate in California, such tec hnologies would need to comply with defined emission performance requirement s. Other technolog ies that do not directly produce emissions, such as thermal storage system s, fuel cell APSs, and power inverter chargers for use with battery packs and grid-s upplied electricity ar e also allowed. Technologies that are not identified in this proposal may also be used, provided they are approved by the Executive Officer. The use of these devices/strategies, in lieu of operating the truck engine at idle, will result in significant NO
x and carbon dioxide

reductions. Reductions in ROG and PM are also expected, but to a lesser extent depending on the type of alte rnative idle reduction device/strategy used.

COMPARABLE FEDERAL REGULATIONS

In January and October 2001, th e United States Environment al Protection Agency and ARB, respectively, adopted new, harmonize d exhaust emission standards for new 2007 and subsequent model heavy-duty diesel engines and vehicles. However, there are no comparable federal regulat ions addressing the idling reductions proposed herein.

AVAILABILITY OF DOCUMENTS AND AGENCY CONTACT PERSONS

The Board staff has prepared a Staff Report: Initial Statem ent of Reasons (ISOR) for the proposed regulatory action, which incl udes a summary of the economic and environmental impacts of the pr oposal. The report is entitled: “Notice of Public Hearing to Consider Requirements to Reduce Idli ng Emissions from New and In-Use Trucks, Beginning in 2008”.

Copies of the ISOR and the full text of the proposed regulator y language, in underline and strikeout format to allow for compar ison with the existing regulations, may be

accessed on the ARB’s web site listed bel ow, or may be obtained from the Public Information Office, Ai r Resources Board, 1001 I Stree t, Visitors and Environmental Services Center, 1 st Floor, Sacramento, CA 95814, (916) 322-2990 at least 45 days prior to the scheduled heari ng on October 20, 2005.

Upon its completion, the Final Statement of Reasons (FSOR) will be available and copies may be requested from the agency contact persons in this notice, or may be

accessed on the ARB’s web site listed below.4 Inquiries concerning the subst ance of the proposed regulati on may be directed to the designated agency contact persons, Mr . Stephan Lemieux, Manager, On-Road Heavy-Duty Diesel Section, (626) 450-6162, or Mr. Daniel Hawelti, Air Resources Engineer, (626) 450-6149.

Further, the agency representative and desi gnated back-up contact persons to who nonsubstantive inquiries conc erning the proposed administrat ive action may be directed are Artavia Edwards, Manager, Board Admini stration & Regulatory Coordination Unit, (916) 322-6070, or Amy Whiting, Regulations Coordinator, (916) 322-6533. The Board has compiled a record for this rulemaking acti on, which includes all the information upon which the proposal is based. This material is available for inspection upon request to the contact persons.

This notice, the ISOR and all subsequent r egulatory documents, including the FSOR, when completed, are availabl e on the ARB Internet site for this rulemaking at www.arb.ca.gov/regact/hdvidle/hdvidle.htm

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COSTS TO PUBLIC AGENCIES AND TO BUSINESSES AND PERSONS AFFECTED

The determinations of the Board's Executiv e Officer concerning the costs or savings necessarily incurred by public agencie s and private persons and businesses in reasonable compliance with the proposed regulations are presented below.

Pursuant to Government Code sections 1134 6.5(a)(5) and 11346.5(a)(6 ), the Executive

Officer has determined that t he proposed regulatory action wil l not create any costs or savings to any state agency or in federal f unding to the state, costs or mandate to any local agency or school district whether or not reimbursable by the state pursuant to part 7 (commencing with section 17500), division 4, title 2 of the Govern ment Code, or other nondiscretionary cost or savings to state or local agencies.

In developing this regulatory proposal, the ARB staff evaluated the potential economic impacts on representative privat e persons or businesses. T he ARB is not aware of any cost impacts that a represent ative private person or business would necessarily incur in reasonable compliance with the proposed action.

The Executive Officer has made an initial de termination that the proposed regulatory action will not have a significant statewide ad verse economic impact directly affecting businesses, including the ability of Califor nia businesses to compete with businesses in other states, or on repres entative private persons.

In accordance with Government Code sect ion 11346.3, the Executive Officer has determined that the proposed regulatory action will not affect the cr eation or elimination of jobs within the State of Ca lifornia, the creation of new businesses or elimination of existing businesses within the State of Calif ornia, or the expansion of businesses currently doing business within the State of California. A detailed assessment of the economic impacts of the proposed regulat ory action can be found in the ISOR.5 The Executive Officer has also determined, pursuant to title 1, CCR, section 4, that the proposed regulatory action will not significantly affect small businesses. The increase in the purchase price of new tr ucks with sleeper berths equippe d with an alternative idling reduction device will be recaptured through f uel and maintenance savings within a 1- to 2.5-year period.

Before taking final action on the proposed r egulatory action, the Board must determine

that no reasonable alternative considered by the board or that has otherwise been identified and brought to the at tention of the board would be more effective in carrying out the purpose for which the action is pr oposed or would be as effective and less burdensome to affected private per sons than the proposed action.

SUBMITTAL OF COMMENTS

The public may present comments relating to this matter orally or in writing at the hearing, and in writing or by e-mail befor e the hearing. To be considered by the Board, written submissions not physically submitted at the heari ng must be received no later than 12:00 noon, October 19, 2005 , and addressed to the following:

Postal mail is to be sent to:

Clerk of the Board

Air Resources Board 1001 I Street, 23 rd Floor Sacramento, CA 95814

Electronic mail is to be sent to: hdvidle@listserv.arb.ca.gov and received at the ARB no later than 12:00 noon, October 19, 2005.

Facsimile transmissions are to be transmitted to the Clerk of t he Board at (916) 322-

3928 and received at the ARB no later than 12:00 noon October 19, 2005.

The Board requests but does not require that 30 copies of any written statement be

submitted and that all written statements be filed at least 10 days prior to the hearing so

that ARB staff and Board Members have time to fully consider each comment. The board encourages members of the public to bring to the attention of staff in advance of the hearing any suggestions for modification of the proposed regulatory action.

STATUTORY AUTHORITY AND REFERENCES

This regulatory action is proposed under t hat authority granted in Health and Safety Code, sections 39600, 39601, 39614 (b)(6)( A), 39658, 39667, 43000. 5(d), 43013, 43013(b), 43013(h), 43017, 43018, 43018(b), 43018(c), 43100, 43101, 43102, 43104, 43105, 43806; Vehicle Code section 28114; and Western Oil & Gas Assn. V. Orange County Air Pollution Contro l Dist. (1975), 14 Cal.3d411. This action is proposed to implement, interpret and make specific sections 39002, 39003, 39027, 39500, 39600,6 39650, 39655, 39656, 39657, 39658, 39659, 39662, 39665, 39674, 39675, 42400, 42400.1, 42400.2, 42400.3, 42402, 42402.1, 42402.2, 42402. 3, 42403.5, 42410, 43000, 43013, 43017, 43018, 43100, 43101, 43102, 43104, 43105, 43106, 43150-43154, 43202, 43204, 43205.5, 43206, 43210, 43211, 43212 and 43213, Health and Safety Code. Sections 305, 336, 350, 440, 445, 545, 546, 642, 680, 21400, 22452, 22515, 27153, 28114, 40001 and 40001(b)(5), Vehicle Code. Sections 1201, 1900, 1962 and 2480, title 13, CCR.

HEARING PROCEDURES

The public hearing will be conducted in acco rdance with the California Administrative Procedure Act, title 2, division 3, part 1, ch apter 3.5 (commencing with section 11340) of

the Government Code.

Following the public hearing, t he Board may adopt the regulat ory language as originally proposed, or with nonsubstantial or grammatical modifications. The Board may also adopt the proposed regulatory language with other modifications if the text as modified is sufficiently related to the originally proposed text that the public was adequately placed on notice that the r egulatory language as modified could result from the proposed regulatory action; in such event the full regulatory text, with the modifications clearly indicated, will be made available to the public, for written comment, at least 15 days before it is adopted.

The public may request a copy of the modifi ed regulatory text from the ARB’s Public Information Office, Ai r Resources Board, 1001 I Stree t, Visitors and Environmental Services Center, 1 st Floor, Sacramento, CA 95814, (916) 322-2990.

CALIFORNIA AI R RESOURCES BOARD

/s/

Catherine Witherspoon

Executive Officer

Date: August 23, 2005

The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs see our Web –site at
www.arb.ca.gov

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