MEMORANDUM 

DATFA MAR 11 30 

EPA New England 

SUBJ: Technical Supw Document for Approv 

. . . 

FROM: Bob Judge, 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 of time and under what conditions diesel engines may idle . 

B ack r~ 

The State of Rhode Island submitted a formal revision to its State Implementation Plan (SIP) . 

The SIP revision consists of Regulation Number 45, "Rhode Island Diesel Engine Anti-Idling 

Program." _ 

Regulation Number 45 was adopted by the State of Rhode Island following the passage of a State 

law prescribing that 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 from both highway diesel motor vehicles, and nonroad engines . With specified 

exceptions, diesel motor vehicles 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 of stakeholder meetings were held by the 

Department of Environmental Management. As a result of these meetings and the authorizing 
legislation, 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 of interests, including States and the trucking industry . EPA had developed a 

"Model State Idling Law," and released it publicly in April of 2006.1 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 60 minute 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 of sleeper 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 of diesel engines." Persons violating this rule may be fined under 

State law in accordance with penalty provisions 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 of volatile organic compourids, nitrogen oxides, 

carbon monoxide, and fine particulate matter . The approval of this rule will 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. 

Recommended Action : 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 EPA approve this rule because it will help prevent 

emissions of volatile 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#modellaw 
Attachment 

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 

may not 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 0 degrees 

and 32 degrees Fahrenheit . Idling for the purpose of providing heat will be allowed as needed 

when temperatures are below 0 degrees Fahrenheit. A passenger bus may idle a maximum of 15 

minutes per hour to maintain passenger comfort while non-driver passengers are onboard 

whenever temperatures are below 50 degrees Fahrenheit . 

45 .5 .3 . Vehicles necessarily idling when the primary 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 may idle 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 may idle for purposes of air 

conditioning or heating during federally mandated rest or sleep period . This exemption shall 

expire on July l, 2010. 

45 .5 .6 Vehicles may idle when the primary propulsion engine idles for maintenance, servicing, 

repairing, or diagnostic purposes, if idling is required for such activity. In addition, a vehicle 

may idle as part of a state or federal inspection to verify that all equipment is in good working 

order, provided idling is required as part of the inspection. 

45 .5 .7 . Police, fire, rescue, ambulance and other public safety vehicles, military vehicles, 

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 of the 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 .