TITLE 13. CALIFORNIA AIR RESOURCES BOARD 

NOTICE OF PUBLIC HEARING TO CONSIDER 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 California 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 Board, 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 contact the ADA Coordinator at 

(916) 323-4916. If you are a person who needs assistance in a language other than 

English, please contact the Bilingual Coordinator 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 vehicles to achieve maximum feasible 

emission reductions. Additionally, HSC section 43104 directs the ARB to adopt test 

procedures to ensure compliance with those emission standards. Further, in 2000, the 
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Board approved the Diesel Risk Reduction Plan, which recommended tightening 

particulate matter (PM) emission standards for heavy-duty diesel engines and vehicles. 

The 2003 State and Federal Strategy for the California State Implementation Plan (SIP) 

also calls for the reduction of reactive organic gases (ROG) and oxides of nitrogen 

(NOx) which, when combined with high ambient temperatures and sunlight, form ozone 

air pollution. NOx emissions contribute to secondary PM formation as well. 

Exhaust emissions from heavy-duty diesel engines and vehicles have been regulated in 

California since 1973. With technological advancements and improved engine designs, 

more stringent standards have been implemented. For example, 2004 model-year 

engines must be certified to 50 percent lower NOx emissions compared to 1998 levels. 

When California’s aftertreatment-forcing emission standards become effective in 2007, 

both NOx and PM emissions will be reduced 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 truck drivers stop to rest for long periods of time. Idling 

emissions are also significant at warehouse/distribution centers and port terminals, 

where loading and unloading of freight often require long waiting periods. Such 

locations can experience very high concentrations of trucks idling for extended periods 

of time, thereby producing highly localized and concentrated emission levels. These 

emissions affect the health of the drivers, truck stop, warehouse, ports personnel, and 

the neighboring community. The health concerns in particular become more serious 

when these idling spots are located in low-income communities that are already 

impacted by air pollution. 

In crafting the proposal, ARB staff met with engine manufacturers, truck 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 subsequent 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 diesel 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 standard of 30 grams per 

hour. 

The proposed in-use requirement applies to sleeper berth equipped trucks of all model 

years, including those registered out-of-state. It requires operators to manually shut off 
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their engines before the 5-minute idling time is reached. This proposal will modify the 

airborne toxic control measure that was adopted in July 2004 (13, CCR, § 2485) that 

limits idling of diesel-fueled commercial heavy-duty vehicles and buses to include trucks 

with sleeper berths. 

The proposal allows the use of optional alternative 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 technologies include, but are not 

limited to, internal combustion auxiliary power systems (APS) and fuel-fired heaters. In 

order to operate in California, such technologies would need to comply with defined 

emission performance requirements. Other technologies that do not directly produce 

emissions, such as thermal storage systems, fuel cell APSs, and power inverter 

chargers for use with battery packs and grid-supplied electricity are 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 NOx and carbon dioxide 

reductions. Reductions in ROG and PM are also expected, but to a lesser extent 

depending on the type of alternative idle reduction device/strategy used. 

COMPARABLE FEDERAL REGULATIONS

In January and October 2001, the United States Environmental Protection Agency and 

ARB, respectively, adopted new, harmonized exhaust emission standards for new 2007 

and subsequent model heavy-duty diesel engines and vehicles. However, there are no 

comparable federal regulations addressing the idling reductions proposed herein. 

AVAILABILITY OF DOCUMENTS AND AGENCY CONTACT PERSONS

The Board staff has prepared a Staff Report: Initial Statement of Reasons (ISOR) for 

the proposed regulatory action, which includes a summary of the economic and 

environmental impacts of the proposal. The report is entitled: “Notice of Public Hearing 

to Consider Requirements to Reduce Idling Emissions from New and In-Use Trucks, 

Beginning in 2008”. 

Copies of the ISOR and the full text of the proposed regulatory language, in underline 

and strikeout format to allow for comparison with the existing regulations, may be 

accessed on the ARB’s web site listed below, or may be obtained from the Public 

Information Office, Air Resources Board, 1001 I Street, Visitors and Environmental 

Services Center, 1st Floor, Sacramento, CA 95814, (916) 322-2990 at least 45 days 

prior to the scheduled hearing 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. 
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Inquiries concerning the substance of the proposed regulation 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 designated back-up contact persons to who 

nonsubstantive inquiries concerning the proposed administrative action may be directed 

are Artavia Edwards, Manager, Board Administration & Regulatory Coordination Unit, 

(916) 322-6070, or Amy Whiting, Regulations Coordinator, (916) 322-6533. The Board 

has compiled a record for this rulemaking action, 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 regulatory documents, including the FSOR, 

when completed, are available on the ARB Internet site for this rulemaking at 

www.arb.ca.gov/regact/hdvidle/hdvidle.htm. 

COSTS TO PUBLIC AGENCIES AND TO BUSINESSES AND PERSONS AFFECTED

The determinations of the Board's Executive Officer concerning the costs or savings 

necessarily incurred by public agencies and private persons and businesses in 

reasonable compliance with the proposed regulations are presented below. 

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

Officer has determined that the proposed regulatory action will not create any costs or 

savings to any state agency or in federal funding 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 Government 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 private persons or businesses. The ARB is not aware of any 

cost impacts that a representative private person or business would necessarily incur in 

reasonable compliance with the proposed action. 

The Executive Officer has made an initial determination that the proposed regulatory 

action will not have a significant statewide adverse economic impact directly affecting 

businesses, including the ability of California businesses to compete with businesses in 

other states, or on representative private persons. 

In accordance with Government Code section 11346.3, the Executive Officer has 

determined that the proposed regulatory action will not affect the creation or elimination 

of jobs within the State of California, the creation of new businesses or elimination of 

existing businesses within the State of California, or the expansion of businesses 

currently doing business within the State of California. A detailed assessment of the 

economic impacts of the proposed regulatory action can be found in the ISOR. 
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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 trucks with sleeper berths equipped with an alternative idling 

reduction device will be recaptured through fuel and maintenance savings within a 1- to 

2.5-year period. 

Before taking final action on the proposed regulatory action, the Board must determine 

that no reasonable alternative considered by the board or that has otherwise been 

identified and brought to the attention of the board would be more effective in carrying 

out the purpose for which the action is proposed or would be as effective and less 

burdensome to affected private persons 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 before the hearing. To be considered by the 

Board, written submissions not physically submitted at the hearing 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, 23rd 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 the 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 that 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 Control Dist. (1975), 14 Cal.3d411. This action is proposed to 

implement, interpret and make specific sections 39002, 39003, 39027, 39500, 39600, 
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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 accordance with the California Administrative 

Procedure Act, title 2, division 3, part 1, chapter 3.5 (commencing with section 11340) of 

the Government Code. 

Following the public hearing, the Board may adopt the regulatory 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 regulatory 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 modified regulatory text from the ARB’s Public 

Information Office, Air Resources Board, 1001 I Street, Visitors and Environmental 

Services Center, 1st Floor, Sacramento, CA 95814, (916) 322-2990. 

 CALIFORNIA AIR 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.