MEMORANDUM DATFA MAR 

# 11 30 

# EPA New

England

SUBJ : Technical Supw Document for Approv

. .. FROM : BobJudge, Environmental Engineer Air Quality Planning Unit, Office of TO : Anne Arnold, Manager the Rhode Island Diesel Anti-Idling Regulation rotection Air Quality Planning Unit, Office of Ecosystem Protection On November 29, 2007, the State of Rhode Island submitted Rhode Island Diesel Anti-Idling Regulation as a formal revision to its State Implementation Plan (SIP) . This revision establishes and requires that all diesel engines and vehicles do not idle unnecessarily in Rhode Island. The regulation sets limits for the amount oftime and under what conditions diesel engines mayidle. Back r~ The State of Rhode Island submitted a formal revision to its State Implementation Plan (SIP) . The SIPrevision consists of Regulation Number 45, "Rhode Island Diesel Engine Anti-Idling Program ." _ Regulation Number 45was adopted by the State of Rhode Island following the passage of a State law prescribingthat such a rule be adopted to minimize the adverse health effects of unnecessary idling while also noting that such excessive idling wastes money . The Department of Environmental Management worked closely with interested parties in developing a regulation to reduce idling fromboth highway diesel motor vehicles, and nonroad engines. With specified exceptions, diesel motorvehicles may not idle for longer than 5 minutes in any 60 minute period, and nonroad engines may not idle unnecessarily. Regulation Number 45 As Regulation Number 45 was developed, a series ofstakeholder meetings were held by the Department of Environmental Management . As a result of these meetings and the authorizinglegislation, this rule considered the idling rules in neighboring Connecticut and Massachusetts.

This rule also embodies many of the concepts put forward as part of an EPA led effort to bring together a variety ofinterests, including States and the trucking industry. EPA had developed a "Model State Idling Law," and released it publicly in April of2006.1 Rhode Island's regulation includes many of those recommended provisions. As stated above, with specified exceptions, diesel motor vehicles may not idle for longer than 5 minutes in any 60minute period (per Regulation section 45.3), and nonroad engines may not idle unnecessarily (per section 45.4) . Exemptions to this regulation are specified in section 45.5 of the rule and include: temperature based exemptions for excessively hot or cold days ; allowances for vehicle repair ; vehicle inspections; emergency vehicles in emergency operations; vehicles which are stuck in traffic; and the use ofsleeper berths during federally mandated rest periods. The specific exemptions, as stated in section 45.5 of the rule, are included in the Attachment to this document . Per section 45.2 of this rule, this rule applies "to any person, entity, owner or operator with control over the operations ofdiesel engines." Persons violating this rule maybe fined under State lawin accordance with penaltyprovisions of State law, as described in section 45.6 of the regulation. This rule was adopted pursuant to Rhode Island General Laws Section 31-16 .1-2, and was effective July 19, 2007. This regulation applies throughout the entire State of Rhode Island. This rule will result in emission reductions ofvolatile organic compourids, nitrogen oxides, carbon monoxide, and fine particulate matter . The approval of this rulewill strengthen the Rhode Island SIP and assist the state in meeting and maintaining compliance with air quality standards, including the standard for ground level ozone. RecommendedAction: I recommend that we approve the SIP revision submitted by the State of Rhode Island on November 29, 2007. This regulation, Air Pollution Control Regulation Number 45, entitled "Rhode Island Diesel Engine Anti- Idling Program" (effective July 19, 2007) is intended to eliminate unnecessary idling from diesel motor vehicle engines and non-road diesel engines in Rhode Island. I recommend that EPAapprove this rule because it will help prevent emissions ofvolatile organic compounds, nitrogen oxides, carbon monoxide and fine particles and will strengthen the Rhode Island SIP . Attachment

I See http ://www

.epa.gov/smartway/idle-state .htm#modellawAttachment

In Rhode Island's Regulation Number 45, with specified exemptions, diesel motor vehicles may not idle for longer than 5 minutes in any 60 minute period (section 45.3), and nonroad engines maynot idle unnecessarily (per section 45.4) . Listed below are the exemptions, as stated in section 45.5 of the rule. 45.5.1 . Vehicles that remain motionless due to traffic conditions or at the direction of a law enforcement official . 45.5.2. Vehicles idling when it is necessary to operate defrosting, heating, or cooling equipment to ensure the health or safety of the driver or passengers. In the case of providing heat, the exemption allows idling for up to 15 minutes per hour when temperatures are between 0degrees and 32 degrees Fahrenheit . Idling for the purpose of providing heat will be allowed as needed when temperatures are below 0 degrees Fahrenheit. Apassenger bus may idle a maximum of 15 minutes per hour to maintain passenger comfort while non-driver passengers are onboard whenever temperatures are below50degrees Fahrenheit . 45.5.3. Vehicles necessarily idlingwhen theprimary propulsion engine is needed to power workrelated mechanical or electrical operations other than propulsion (e.g., mixing or processing cargo or straight truck refrigeration) . This exemption does not apply when idling for cabin comfort or to operate non-essential on-board equipment. 45.5.4. Non-road diesel engines mayidle when the engine idles for maintenance, servicing, repairing, or diagnostic purposes, if idling is required for such activity. In addition, a non-road diesel engine may idle as part of a state or federal inspection to verify that all equipment is in good working order, if idling is required as part of the inspection. 45.5.5. An occupied vehicle with a sleeper berth compartment mayidle for purposes ofair conditioning or heating during federally mandated rest or sleep period. This exemption shall expire on July l, 2010

. 45.5.6Vehicles may idle when the primarypropulsion engine idles for maintenance, servicing, repairing, or diagnostic purposes, if idling is required for such activity. In addition, a vehicle mayidle as part of a state or federal inspection to verify that all equipment is in good working order, provided idling is required as part ofthe inspection. 45.5.7. Police, fire, rescue, ambulance and other public safetyvehicles, militaryvehicles, armored vehicles, other emergency or law enforcement vehicle, or any vehicle being used in an emergency capacity, may idle when in an emergency or training mode and not for the convenience ofthe vehicle operator. Also, an armored vehicle may idle when a person remains inside the vehicle to guard the contents, or while the vehicle is being loaded or unloaded.45.5.8. Airfield maintenance vehicles while actively being used to achieve their intended purpose

on a state-owned or operated airport. 45.5.9. Diesel powered engines or vehicles that must continuously operate while stationary in order to perform

their intended function, in accordance with all applicable regulations (e.g., an electricity generator which is actively being used to power equipment on-site.) 45.5. 10 . Operating a vehicle mounted auxiliary power unit or generator set as a means to heat, air condition or provide electrical power as an alternative to idling the vehicle's main engine is not considered idling.