Bryan W. Shaw, Ph.D., Chairman 

Buddy Garcia, Commissioner 

Carlos Rubinstein, Commissioner 

RECEIVED 

Mark R. Vickery, P.G., Executive Director ~ II SEP -6 Pl'l 1: 1+2 

TEXAS CoMMISSION oN EJtWRu~tMJQt}'At'NV 

6RA 8 "'c..: \ 6EN 

• • • • • • • • •• • • • • • • • • • • • • • • • • • ·Not'ecting Texas by Reducing and Preventing Pollution 6DRA.~~l ..... 6WQ ................ . 

6MD . ............ 6SF.................. August 30, 2011 

RECEIVED- 6PDL 

AIR PLANNING SEC. 

11 SEP - 6 PH 3: 0 I 

60EJ ............ 6RC ........ ,. ........ . 

6PD .Urk\; •";p \ ••••• .6XA .. ~ ~~:-;,)., ..•••.••• 

Q!rJV\1 ~ \ 

Docket No. 2010-0878-RUL 

Rule Project No. 2009-054-114-EN 

Dr. Alfredo "AI" Armendariz, Regional Administrator 

U.S. Environmental Protection Agency- Region 6 

1445 Ross Avenue 

Dallas, Texas 75202-2733 

Dear Dr. Armendariz: 

On July 20, 2011, the Texas Commission on Environmental Quality (Commission) adopted revisions 

to the Texas state implementation plan (SIP) concerning the requirements for Locally Enforced Motor 

Vehicle Idling Limitations. 

The Commission adopted amendments to 30 Texas Administrative Code (TAC) 30 Texas 

Administrative Code (TAC) Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter J, 

Operational Controls for Motor Vehicles, Division 2, Locally Enforced Motor Vehicle Idling 

Limitations, Sections 114.512 and 114.517, and corresponding revisions to the state implementation 

plan. The adoption allows enforcement of heavy-duty vehicle idling year-round; removes the expired 

prohibition for drivers using sleeper berths to idle in residential areas, school zones, and near 

hospitals; and removes expiration dates that are no longer applicable. Additionally, the adopted 

rulemaking removes the duplicative exemption for a motor vehicle that has a gross vehicle weight 

rating of 14,000 pounds or less and replaces it with a new exemption for armored vehicles; and retains 

the exemption for a motor vehicle when idling for heating or air conditioning while a driver is using 

the vehicle's sleeper berth for a government-mandated rest period and not within two miles of a 

facility offering external heating or air conditioning, which expired on September 1, 2009. 

Enclosed are the revisions to the SIP, a public hearing certification, a complete record of the public 

hearings, and the accompanying order. I look forward to your expeditious approval of these SIP 

revisions. 

Sincerely, ~ 

~~:::h.D. Chairman 

BGfjmm 

Enclosures 

cc: The Honorable Rick Perry, Governor of Texas 

Mr. Toby Baker, Office of Budget, Planning and Policy, Office of the Governor 

Mr. Mark R. Vickery, P.G., Executive Director, Texas Commission on Environmental Quality 

P.O. Box 13087 Austin, Texas 78711-3087 512-239-1000 Internet address: www.tceq.state.tx.us 
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

THE STATE OF TEXAS 

COlTh'TY OF TRAVIS 

Docket No. 2010-0878-RUL 

This is to certify that the attached are true and correct copies of documents for revisions to the 

Texas State Implementation Plan, adopted on July 20, 2011, pursuant to 40 Code of Federal 

Regulations § 51.104. I am the records administrator for the Air Quality Division of the Texas 

Commission on Emironmental Quality (Commission) .. 

. _J)s,A, D~r, Dfrec m ~- Air Quality Division 

Texas Commission on Environmental Quality 
Texas Commission on Environmental Quality 

Public Hearings 

March 1, 2011 and March 3, 2011 

Concerning Revisions to 30 TAC Chapter 114 

Control of Air Pollution from Motor Vehicles 

and the State Implementation Plan 

Project No. 2009-054-114-EN 
INTRODUCTION 

The Texas Commission on Environmental Quality (commission) held public hearings in Austin on 

March 1, 2011; and in Fort Worth on March 3, 2011, to receive testimony regarding 30 TAC Chapter 

114, Control of Air Pollution Air Pollution from Motor Vehicles and corresponding revisions to the 

state implementation plan. 

The rulemaking allows enforcement year-round; removes the expired prohibition for drivers using 

sleeper berths to idle in residential areas, school zones, and near hospitals; and removes expiration 

dates that are no longer applicable. Additionally, the rulemaking removes the duplicative exemption 

for a motor vehicle that has a gross weight rating of 14,000 pounds or less and replaces it with a 

new exemption for armored vehicles; and retains the exemption for a motor vehicle when idling for 

heating or air conditioning while a driver uses the vehicle's sleeper berth for a governmentmandated rest period and not within two miles of a facility offering external heating or conditioning, 

which expired in September 1, 2009. 

The comment period closed on March 11, 2011. All testimony and comments have been reviewed 

and seriously considered. This hearing record contains a complete record of the public hearings 

and is divided into the following four sections: 

o Public Notification and Proposal 

o Written and Oral Testimony 

o Evaluation of Testimony 

o Staff Recommendations/Order 

Additional copies of this hearing record are maintained in the TCEQ central office at 12100 Park 35 

Circle, Austin, Texas 78753. For further information, please contact Nina Castillo at (512) 239-4415. 
PUBLIC 

NOTIFICATION AND 

PROPOSAL 
PUBLIC NOTIFICATION 

Notification to the public of the proposed revisions was conducted by the following procedures: 

1. Publication of notice of public hearings in the following newspapers on the date listed: 

Austin American-Statesman: February 28, 2011 

Fort Worth Star-Telegram: February 28, 2011 

2. Publication of the proposed rules in the February 11, 2011, issue of the Texas Register (36 

TexReg 707). 

3. Publication of the Notice of Public Hearings in the February 11, 2011, issue of the Texas 

Register (36 TexReg 877). 

4. Correspondence forwarding the notice of public hearings to the following officials and agencies: 

Speaker of the House 

Lieutenant Governor 

Alamo Area Council of Governments 

Capital Area Planning Council 

City of Austin, Mayor's Office 

City of Dallas, Department of Aviation 

City of Dallas, Office of Environmental Quality, Management Services Department 

City of El Paso, Environmental Services 

City of Fort Worth, Environmental Management Department 

City of Houston, Department of Health and Human Services 

City of Fort Worth, Major's Office 
Dallas County Judge 

East Texas Council of Governments 

El Paso Metropolitan Planning Organization 

Federal Highway Administration 

Galveston County Health District 

Harris County Public Health and Environmental Services 

North Central Texas Council of Governments 

Houston-Galveston Area Council 

South East Texas Regional Planning Commission 

Tarrant County Judge 

Texas Department of Transportation 

Travis County Judge 

Victoria Metropolitan Planning Organization 

Arkansas Department of Environmental Quality 

Louisiana Department of Environmental Quality 

New Mexico Environmental Department 

Oklahoma Department of Environmental Quality 

United States Environmental Protection Agency, Region 6 
Exam ole of Newspaper Classified Ad 

Fort Worth Star-Telegram, January 28, 2011 

PUBLIC HEARING ON PROPOSED 

REVISIONS TO 30 TAC CHAPTER 

114 AND REVISIONS TO THE 

STATE IMPLEMENTATION PLAN 

The Texas Commission on 

Environmental Quality 

(commission} will conduct a public 

hearing to receive testimony 

regarding proposed revisions ID 

30 Texas Administrative Code 

(TAC) 01apter 114, Control of Nr 

Pollution from Motor Vehicles, 

114.512 and 114.517; and to the 

state implementabon plan (SIP), 

under the requirements of Texas 

Health and Safety Code, 382.017; 

Texas Government Code, Chapter 

2001, Subchapter B; and 40 Code 

of Federal Regulations 51.102 of 

the United States Environmental 

Protection Agency (EPA) 

regulations concerning SIPs. The 

proposed rulemaking would allow 

enforcement year~round; remove the expired prohibition tor drivers 

using sleeper berths tD Idle in 

residential areas, school zones, 

and near hospitals; and remove 

elq)iration dates that are no longer applicable. Additionally, the 

proposed rulemaking would 

remove the duplicative exemption 

for a motor vehicle that has a gross vehicle weight rating of 

14,000 pounds or less and 

repSce It with a new exemption 

for armored vehicles; and retain 

the exemption for a motor vehicle 

when kUng for heating or air 

conditioning while a driver Is 

USing the vehitle"s sleeper berth 

for a government-mandated rest 

period and not wtthln two mlk!s of 

a facifity offering extemal heating or conditioning, which expired on September 1, 2009. The 

commission will hold a public 

hearing on this proposal in Austin on March 1, 2011, at 2:00 p.m. in 

Building E, Room 2015, at the 

commlssion"s central office 

located at 12100 Park 35 Orde, 

and in Fort Worth on Man:h 3, 

2011, at 2:00p.m. in the Public 

Meeting Room, at the DFW TCEQ 

Region 4 Office located at 2309 

Gravel Road. The hearing is 

structured for the receipt of oral or wrttten comments by 

interested persons. Individuals 

may present oral statements 

when called upon In order of 

registration. Open discussion will 

not be pei'TT!Itted during the 

hearing; however, commission 

staff members will be available m discuss the proposal 30 minutes 

prior ID the hearing. Persons who 

have special communication or other actDmmodatlon needs who are pl1n111ng to attend the 

hearings shoukt conmct Sandy 

Wong, Office of Legal Services at 

(S12) 239-1802. Requests should 

be made as hlr in advance as 

POSSible. Written comments may 

be submitted to Midlael Parrish, 

MC 20S, Office of Legal Services, 

Texas Commission on 

Erwirotll1l<!ntill Q.raity, P.O. Box 

13087, Austin, Texas 78711-3087, 01' taxed"' (S12) 239-4808. 

Electronic comments may be 

submitted at: 

http://WWW5.tr:eq.te>cas.gov/nrles/ecomments/. 

Ale size restJ1c:tions may apply to 

comments being submitted via 

the ecomments system. All 

comments should reference Ruie 

Project Number 2009-Q54-114-

EN. The comment paiod doses 

Man:h 11, 2011. Copies of the 

proposed rulemaking can be 

obtained from the commlssion"s 

Web site at 

http://www.tr:eq.state.tx.us,lnav/rules/propose_adopt.htm. 

For further information, please 

contact Nina castillo, Air Quality 

Planning Sed:ion, (512) 239-4415. 313!17173 

Publish Do-: 1/28/2011 -2/11/2011 
Copies of the proposed rulem ing can be obtained from the 

commission's Web site at http:/1 Vl.Vlt'.tceq.state.tx.uslnavlruleslpropose_adopt.html. For further in onnation, please contact Brooke 

Jackson, Field Operations Support ivision, (512) 239-0400. 

TRD-201100382 

Robert Martinez 

Director, Environmental Law Divisi 

Texas Commission on Environmen I Quality 

Filed: January 26, 2011 

• • 

Public Hearing on a Proposed evision to 30 TAC Chapter 334 

The Texas Commission on Enviro ental Quality (commission) will 

conduct a public hearing to recei e testimony regarding a proposed 

revision to 30 Texas Administrativ Code (TAC) Chapter 334, Underground and Aboveground Storage anks, §334.560. 

The rulemaking would increase c 

to: ( 1) offsite access fees charged 

costs; and (3) per diem costs. 

ain reimbursable amounts relating 

municipalities; (2) waste disposal 

The commission will hold a publi hearing on this proposal in Austin 

on March3,20II, at 10:00 a.m. in uildingE, Room201S, at the commission's central office located at 2100 Park 35 Circle. The hearing 

is structured for the receipt of ora or written comments by interested 

persons. Individuals may present ral statements when called upon in 

order of registration. Open discus on will not be permitted during the 

hearing; however, commission sta members will be available to discuss the proposal 30 minutes prio to the hearing. 

Persons who have special comm nication or other accommodation 

needs who are planning to atten the hearing should contact Sandy 

Wong, Office of Legal Services a (512) 239-1802. Requests should 

be made as far in advance as poss le. 

Written comments may be sub ed to Michael Parrish, MC 205, 

Office of Legal Services, Tex Commission on Environmental 

Quality, P.O. Box 13087, Aus , Texas 78711-3087, or faxed 

to (512) 239-4808. Electronic comments may be submitted at: 

htrp://www5.tceq.texas.govlrules!. omments/. File size restrictions may apply to comments b ng submitted via the eComments 

system. All comments shoul reference Rule Project Number 

2011-004-334-CE. The commen period closes March 13, 2011. 

Copies of the proposed rulem ing can be obtained from the 

commission ·s Web site at http: www.tceq.texas.gov/nav/rules/propose_adopt.hlml. For further i rmation, please contact Jonathan 

Walling, Petroleum Storage Tan Cleaner Remediation Section, 

(512) 239-2295. 

TRD-201100383 

Kathleen C. Decker 

Director, Litigation Division 

Texas Commission on Environmen 

Filed: January 28, 2011 

• • 

Public Hearing on Proposed Revisions to 30 TAC Chapter 114 

and Revisions to the State Jmplementalion Plan 

The Texas Commission on Environmental Quality (commission) will 

eonduct a public hearing to receive testimony regarding proposed revisions to 30 Texas Administrative Code (TAC) Chapter 114, Control 

of Air Pollution from Motor Vehicles, § 114.512 and §114.517~ and to 

the state implementation plan (SIP), under the requirements of Texas 

Health and Safety Code, §382.017; Texas Government Code, Chapter 

2001, Subchapter B: and 40 Code of Federal Regulations §51.102 of 

the Unired States Environmental Protection Agency (EPA) regulations 

concerning SIPs. 

The proposed rulemaking would allow enforcement year-round; remove the expired prohibition for drivers using sleeper berths to idle 

in residential areas, school zones, and near hospitals; and remove expiration dates that are no longer applicable. Additionally, the proposed 

rulemaking would remove the duplicative exemption for a motor vehicle that has a gross vehicle weight rating of 14,000 pounds or less 

and replace it with a new exemption for armored vehicles; and retain 

the exemption for a motor vehicle when idling for heating or air conditioning while a driver is using the vehicle's sleeper berth for a government-mandated rest period and not within two miles of a facility 

offering external heating or conditioning. which expired on September 

1, 2009. 

The commission will hold a public hearing on this proposal in Austin 

on March l, 2011, at2:00 p.m. in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle, and in Fort 

Worth on March 3, 2011. at 2:00p.m. in the Public Meeting Room, 

at the DFW TCEQ Region 4 Office located at 2309 Gravel Road. The 

hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called 

upon in order of registration. Open discussion will not be permitted 

during the hearing; however, commission staff members will be available to discuss the proposa130 minutes prior to the bearing. 

Persons who have special communication or other accommodation 

needs who are planning to attend the hearings should contact Sandy 

Wong, Office of Legal Services at (512) 239-1802. Requests should 

be made as far in advance as possible. 

Written c.omments may be submitted to Michael Parrish, MC 205, 

Offiec of Legal Services, Texas Commission on Environmental 

Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed 

to (512) 239-4808. Electronic comments may be submitted at: 

htrp:/lwww5.tceq.texas.govlrules/ecomments/. File size restrictions may apply to comments being submitted via the eComments 

system. All comments should reference Rule Project Number 

2009-054-114-EN. The cotnment period closes March 11, 2011. 

Copies of the proposed rulemaking can be obtained from the 

commission's Web site at http://v.,...,...,.tceq.texas.gov/nav!rules/propose_adopt.html. For further infotmation. please contact Nina 

Castillo, Air Quality Planning Section, (512) 239-4415. 

TRD-201100381 

Robert Martinez 

Director, Environmental Law Division 

Texas Commission on Environmental Quality 

Filed: January 26, 2011 

• • 

Public Hearing on Proposed R ·sions to 30 TAC Chapter 293 

The Texas Commission on Enviro mental Quality (commission) will 

conduet a public bearing to receiv testimony regarding proposed revisions to 30 Texas Administrativ Code (TAC) Chapter 293, Water 

Districts, §293.44 under the requir ments ofTexils Government Code. 

Chapter 2001. Subchapter B. 

The proposed rulemaking would fa ilitate regionalization and cooperative planning among water districts and other local government entities 

by providing clear authorization in the commission's rules for a determ:inalion of a district's allowable st participation in regional water, 

wastewater, and/or drainage facilit s based on a cost-benefit analysis. 

IN ADDITION February 11, 2011 36 TexReg 877 
(D) is currently r isteredilicensed as a first-level general nurse; and 

(3)- (6) (No change. 

(b)- (f) (No change.) 

approved score on an English prod. unless a substantial portion of the 

d , as detem1ined b the Board, was 

This agency hereby certifies th !the proposal has been reviewed 

by legal counsel and found to b within the agency's legal authority to adopt. 

Filed with the Office of the S cretary of State on January 31, 

2011. 

TRD-2011 00389 

Jena Abel 

Assistant General Counsel 

Texas Board of Nursing 

Earliest possible date of adoption: arCh 13. 2011 

For further information, please call: (512) 305-6822 

• 

PART 23. TEXAS 

COMMISSION 

CHAPTER 537. PROF 

AGREEMENTS AND S 

22 TAC §537.45, §537.46 

• 

AL ESTATE 

SSIONAL 

NDARD CONTRACTS 

The Texas Real Estate Commi sian (TREC) proposes amendments to §537.45 concerning S ndard Contract Form TREC No. 

38-3, Notice of Buyer's Termin lion of Contract, and §537.46 

concerning Standard Contract arm TREC No. 39-7, Amendment to Contract. The amend ents propose to adopt by reference two revised contract fo s for use by Texas real estate 

licensees. 

Texas real estate licensees are enerally required to use forms 

promulgated by TREC when ne tiating contacts for the sale of 

real property. These forms are d afted by the Texas Real Estate 

Broker-Lawyer Committee, an visory body consisting of six 

attorneys appointed by the Preso ent of the State Bar of Texas, 

six brokers appointed by TREC, nd a public member appointed 

by the governor. 

The amendments to §537 .45 p opose to adopt by reference 

Standard Contract Form TREC No. 38-3, Notice of Buyer's 

Termination of Contract. Parag ph 2 of the notice would be 

amended to read: "(2) Buyer ca not obtain Credit Approval in 

accordance with the Third Party inancing Addendum for Credit 

Approval to the contract" to be nsistent with a recent change 

to the title of TREC Form No. 40-4 Third Party Financing 

Condition Addendum for Credij proval. 

The amendments to §537.46 p pose to adopt by reference 

Standard Contract Form TREC . 39-7. Amendment to Contract. An admonishment would b added to Paragraph 3 of the 

form as follows: "(Note: Failure o deliver this amendment to 

escrow agent may affect the pa ies' rights to specific peoformance.}" to be consistent with cent changes to paragraph 

15.B of the TREC contract forms. 

Loretta R. DeHay, General Coun el, has determined that for the 

first five-year period the section are in effect there will be no 

fiscal implications for the state for units of local government 

as a result of enforcing or admi stering the sections. There is 

no anticipated impact on small b sinesses, micro-businesses or 

local or state employment as a suit of implementing the sections. There is no anticipated nomic cost to persons who are 

required to comply with the pro osed sections, other than the 

costs of obtaining copies of the ~ rms, which would be available 

at no charge through the TREC eb site. 

Ms. DeHay also has determine that for each year of the first 

five years the sections as propo d are in effect the public benefit anticipated as a result of en rcing the sections will be the 

availability of current standard c ntract forms. 

Comments on the proposal may e submitted to Loretta R. DeHay, General Counsel, Texas Re I Estate Commission, P.O. Box 

12188, Austin, Texas 78711-218 

The amendments are proposed der Texas Occupations Code, 

§1101.151, which authorizes th Texas Real Estate Commission to adopt and enforce rules ecessary to administer Chapter 1101; and to establish stan rds of conduct and ethics for 

its licensees to fulfill the purpos s of Chapter 1101 and ensure 

compliance with Chapter 1101 . 

The statute affected by this prop al is Texas Occupations Code, 

Chapter 1101. No other statute, ode or article is affected by the 

proposed amendments. 

§537.45. Standard Contract Fo TREC No. 38-}. [;!]. 

The Texas Rea] Estate Commission adopts by reference standard contract form TREC No. 38-l (;!] a roved by the Texas Real Estate 

Commission in 2011 [-2008] for us as a notice of termination of contract. This docwneflt is published by and available from the Texas 

Real Estate Commission, P.O. Box 2188, Austin, Texas 78711-2188, 

www.trec.state.tx.us. 

§537.46. Standard Contract For TREC No. 39-Z {IJ}. 

The Texas Real Estate Commission adopts by reference standard contract form TREC No. 39-1 [~] a roved by the Texas Real Estate 

Commission in 2011 [~] for us as an amendment to promulgated 

forms of contracts. This document s published by and available from 

the Texas Real Estate Commissio , P.O. Box 12188, Austin, Texas 

78711·2188, www.trec.state.tx.us. 

This agency hereby certifies that e propos81 has been reviewed 

by legal counsel and found to be ithin the agency's legal authority to adopt. 

Filed with the Office of the Se etary of State on January 24, 

2011. 

TRD-2011 00305 

Loretta R. DeHay 

General Counsel 

Texas Real Estate Commission 

Earliest possible date of adoption: arch 13, 2011 

For further information, please call: 512) 465-3926 

• • • 

TITLE 30. ENVIRONMENTAL QUALITY 

PART 1. TEXAS COMMISSION ON 

ENVIRONMENTAL QUALITY 

PROPOSED RULES February 11, 2011 36 TexReg 707 
CHAPTER 114. CONTROL OF AIR 

POLLUTION FROM MOTOR VEHICLES 

SUBCHAPTER J. OPERATIONAL CONTROLS 

FOR MOTOR VEHICLES 

DIVISION 2. LOCALLY ENFORCED MOTOR 

VEHICLE IDLING LIMITATIONS 

30 TAC §114.512, §114.517 

The Texas Commission on Environmental Quality (TCEQ or 

commission) proposes amendments to §114.512 and §114.517. 

The amended sections will be submitted to the United States 

Environmental Protection Agency (EPA) as revisions to the state 

implementation plan (SIP). 

BACKGROUND AND SUMMARY OF THE FACTUAL BASIS 

FOR THE PROPOSED RULES 

Chapter 114. Subchapter J. Division 2, Locally Enforced Motor 

Vehicle Idling Limitations, was adopted on November 17, 2004, 

at the request of the local air quality planning organization in 

the Austin Early Action Compact _(EAC) area (Bastrop, Caldwell, Hays, Travis, and Williamson Counties) for use as a control strategy in its EAC agreement to maintain attainment wrth 

the 1997 eight-hour ozone National Ambient Air Qualrty Standards (NMOS), as published in the December 3, 2004, issue 

of the Texas Register (29 TexReg 11347). The adopted idling 

limitations rules provided all local governments the option of applying the rules when additional control measures are needed 

to achieve or maintain attainment of the federal 1997 eight-hour 

ozone standards. 

The concept of an early, voluntary 1997 eight-hour air quality 

plan, also known as an EAC, was endorsed by EPA Region 6 

in June 2002. It was slightly modified and made available nationally in November 2002. A key point of an EAC was the 

flexibility afforded areas to select emission reduction measures, 

such as limiting vehicle idling. On August 1, 2005, members of 

the Austin EAC and the commission signed the locally enforced 

idling restrictions memorandum of agreement (MOA). This MOA 

allowed participating counties and cities to enforce the idling restriction ruts in their jurisdictions. Members of the Austin EAC 

area signing the MOA included the counties of Bastrop, Caldwell, Hays, Travis, and Williamson, and the cities of Austin, Bas· 

trop, Georgetown, Hutto, Lockharl, Luling, Round Rock, and San 

Marcos. Idling restrictions are also a commitment for the Austin~ 

Round Rock 1997 Eight-hour Ozone Flex signed in September 

2008. 

An additional 24 counties and cities in the Dallas-Fori Worlh 

(DFW) area have also signed agreements to enforce the idling 

restriction rule in their jurisdictions including the counties of 

Collin, Kaufman, and Tarrant, the cities of Ar1ing1on, Benbrook, 

Celina, Colleyville, Dallas, Euless, Hurst, Keene, Lake Worlh, 

Lancaster, Mabank, McKinney, Mesqurte, Norlh Richland Hills, 

Pecan Hill, Richardson, Rowlett, University Park, and Venus, 

and the towns of Little Elm and Westlake. Idling restrictions are 

a commitment for the DFW Eight-hour Ozone SIP adopted May 

23, 2007. 

This proposed rulemaking would amend the rule on idling limits 

for gasoline and diesel·powered engines in motor vehicles within 

the jurisdiction of any local government in the state that has 

signed an MOA with the commission to delegate enforcement 

to that local government. Local enforcement is crucial to the ef~ 

36 TexReg 708 February 11, 2011 Texas Register 

fective implementation of rules to reduce the extended idling of 

gasoline and diesel-powered heavy-duty vehicles and will help 

to ensure the reduction of nitrogen oxides (NO~) and volatile or· 

ganic compound emissions, which is needed by local governments to achieve or maintain attainment of the federal ozone 

standards. These proposed idling restrictions will continue to 

lower NO~ emissions and other pollutants from fuel combustion. 

Because NO~ is a precursor to ground-level ozone formation, reduced emissions of NO)( will result in ground-level ozone reductions. 

The proposed rulemaking would remove the current enforcement period of April 1 through October 31 in the rule to allow 

local governments to enforce idling limits year-round. The 

enforcement dates were included when the rule was originally 

adopted at the request of the local air quality planning organization in the Austin EAC area for use as a control strategy in its 

EAC agreement to maintain attainment with the 1997 eight-hour 

ozone NMOS. This same rulemaking also provided local 

governments in other areas of the state the option of applying 

these rules in their areas when additional control measures 

are needed to achieve or maintain attainment of the federal 

ozone standards in the future. When the rule was adopted in 

2004, there were no federal regulations governing idle time for 

heavy-duty motor vehicles. Therefore, the state had the authority to control motor vehicle idling. The requirements developed 

by the commission for this NO)( emissions reduction strategy 

resulted in restrictions on the time allowed for heavy-duty motor 

vehicle idling. The 79th Legislature, 2005, passed House Bill 

(HB) 1540, establishing Texas Health and Safety Code (THSC), 

Chapter 382, Subchapter B, §382.0191, Idling of Motor Vehicle 

While Using Sleeper Berlh, which prohibited the commission 

from restricting the idling of a motor vehicle while a driver is 

using the vehicle's sleeper berth for a government-mandated 

rest period. HB 1540 also restricted drivers using the vehicle's 

sleeper berth from idling in a school zone or wrthin 1 ,000 feet of 

a public school during its hours of operation, and it defined the 

penalty for an offense as a fine not to exceed $500. HB 1540 

did not specify an enforcement period, but it set a September 1, 

2007, expiration date on the section. The commission adopted 

the revision on April 26, 2006, to the locally enforced motor 

vehicle idling rule as published in the May 12, 2006, issue of the 

Texas Register (31 TexReg 3900). 

In the same rule making, the commission adopted revisions to the 

idling rule to conform to legislation passed in 2005. To be consistent with HB 1540, §114.512 and §114.517 were amended to include §114.512(b) and §114.517(12) with a September 1, 2007, 

expiration date. In May 2007, the 80th Legislature, 2007 ,.passed 

Senate Bill (SB) 12, which in parl amended THSC, §382.0191 to 

extend the prohibition on the commission from adopting rules 

restricting cerlain Idling activities from September 1, 2007, to 

September 1, 2009, as published in the February 15, 2008, issue of the Texas Register(33 TexReg 1345). Local governments 

can enforce idling restrictions on drivers who were previously 

exempt under §114.517(12), because the exemption expired on 

September 1, 2009. This proposed rulemaking would remove 

the September 1, 2009, expiration date from the relevant portions of §114.517 to continue the exemption. As of September 

1, 2009, the prohibition in §114.512(b) of certain vehicles from 

idling within 1,000 feet of a school or hospital has expired. Therefore, this subsection is proposed to be removed. 

During the rulemaking in 2007 to implement the requirements of 

SB 12, the commission adopted §114.517(2), the intent of which 

was to provide an exemption for all vehicles with gross vehic:Je 
weight rating of 14,000 pounds or less until September 1, 2009, 

and thereafter only to such vehicles that do not have a sleeper 

berth. This proposed rulemaking would amend §114.517(2) to 

remove the duplicative exemption for a motor vehicle that has 

a gross vehicle weight rating of 14,000 pounds or less, after 

September 1, 2009. 

The National Armored Car Association submitted a petition for 

rulemaking on May 22, 2008, requesting that armored vehicles 

be added to the current list of idling restriction exemptions under 

§114.517. Staff received approval from the commission on July 

9, 2008, to move forward with initiating rulemaking regarding the 

armored vehicle petition; however, following a stakeholder meet· 

ing held on October 6, 2008, action on a rulemaking proposal to 

implement the petition was deferred in anticipation of potential 

legislative changes from the 81st Legislature, 2009. This proposed rulemaking will address the armored vehicle petition by 

adding armored vehicles to the current list of idling restriction ex· 

emptions under §114.517 to be consistent with the EPA's Model 

State Idling Law guidance. According to the EPA's guidance, 

armored vehicles are exempt when a person remains inside the 

vehicle to guard the contents or while the vehicle is being loaded 

or unloaded. 

On April 9, 2010, the EPA published ~s approval of revisions 

to the SIP regarding the idling rule that the TCEQ submitted on 

February 28, 2008 (75 Federal Register 18061 ). In that approval, 

the EPA did not address the previous revisions to §114.512(b) 

prohibiting idling of a vehicle within a school zone or within 1,000 

feet of a public school during operating hours and §114.517(12) 

exempting the idling of the primary propulsion engine of a vehicle 

to provide air conditioning and heating for the vehicle's sleeper 

berth for a govemment..fTlandated rest period, because these 

provisions of the rule had already expired. 

Federal Clean Air Act, §110L Demonstration 

Some increases in emissions may be expected due to the addition of an idling exemption for armored vehicles. However, the 

exemption will not interfere with attainment or reasonable further 

progress in the SIP, because the proposed year-round enforcement will offset these relatively small increases. Extending the 

enforcement period to year-round enforcement should provide 

more emissions reductions in the months that are currently not 

subject to enforcement. Thus, any potential increases resulting from an exemption for armored vehicles should be offset by 

these reductions. Additionally, by authorizing the enforcement to 

year-round, the state hopes to increase enforcement in the current ozone period by eliminating any drop off in enforcement that 

may occur due to the seasonal nature of the ozone enforcement 

period. An exemption for armored vehicles is necessary for the 

health and safety of the drivers and the public and outweighs 

dangers posed by any potential small increases in emissions. 

SECTION BY SECTION DISCUSSION 

§114.512, Control Requirements for Motor Vehicle Idling 

The proposal would amend §114.512 to remove the enforcement 

period of April 1 through October 31 of each calendar year in 

subsection (a) to allow enforcement year-round. The proposal 

would also amend §114.512 to remove the prohibition for drivers 

using sleeper berths to idle in residential areas, school zones, 

and near hospitals and the expiration·date in subsection (b) because it has expired. Additionally, the commission proposes to 

remove the designation (a) for subsection (a) to conform to the 

Texas Register formatting requirements. 

§114.517, Exemptions 

The proposal would amend §114.517 to remove the exemption in 

paragraph (2) for a motor vehicle that has a gross vehicle weight 

rating of 14,000 pounds or less, for consistency with other revisions in the section and to add a new exemption in paragraph (2) 

for armored vehicles to implement the petition approved by the 

commission on July 9, 2008. The proposal would also amend 

§114.517(12) to retain the exemption of idling for heating or air 

conditioning while a driver is using the vehicle's sleeper berth for 

a government-mandated rest period and not within two miles of 

a facility offering external heating or conditioning, which expired 

on September 1, 2009. 

FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENT 

Nina Chamness. Analyst, Strategic Planning and Assessment, 

has determined that, for the first five-year period the proposed 

rulemaking is in effect, no fiscal implications are anticipated for 

the agency or other units of state or local governments as a result 

of administration or enforcement of the proposed rule making. 

The proposed rulemaking would amend Chapter 114 to make 

the idling enforcement period year-round; to remove the exemption for a motor vehicle that has a gross vehicle weight rating of 

14,000 pounds or less; and to retain the exemption of idling for 

heating or air conditioning while a driver is using the vehicle's 

sleeper berth for a government-mandated rest period and not 

within two miles of a facility offering external heating or conditioning, which expired on September 1, 2009. In response to a 

petition filed by the National Armored Car Association, the proposed rule making would also exempt armored vehicles from motor vehicle idling requirements. 

Participation in the idling program is voluntary and currently only 

the Central Texas Area (CTA) and the North Central Texas Area 

(NCTA) have signed agreements to implement vehicle idling 

rules. The CTA includes the counties of Bastrop, Caldwell, 

Hays, Travis, and Williamson and the cities of Austin, Bastrop, 

Georgetown, Hutto, Lockhart, Luling, Round Rock, and San 

Marcos. The NCTA includes the counties of Collin, Kaufman, 

and Tarrant, the cities of Arlington, Benbrook, Celina, Colleyville, 

Dallas, Euless, Hurst, Keene, Lake Worth, Lancaster, Mabank, 

McKinney, Mesquite, North Richland Hills, Pecan Hill, Rowlett, 

University Park, and Venue, and towns of Little Elm and Westlake. Participation in the vehicle idling program provides local 

governments with additional options to reduce emissions and 

maintain attainment with the federal ozone standards. 

The proposed rulemaking is not expected to have a fiscal impact on local governments since participation in the vehicle idling 

program is voluntary. Currently, only local governments in counties included in the CTA and NCTAwould be able to limit certain 

vehicle idling year-round under the proposed rules, as a tool in 

limiting emissions to meet the ozone standards. The proposed 

rulemaking would also exempt armored vehicles from the vehicle idling restrictions. 

PUBLIC BENEFITS AND COSTS 

Nina Chamness also determined that for each year of the first 

five years the proposed rulemaking is in effect. the public benefit 

anticipated from the changes seen in the proposed rulemaking 

will be in compliance with state law and the continued flexibility 

and options for local governments to enforce vehicle idling requirements as a method of reducing emissions in order to maintain attainment with the eight-hour ozone standards. 

PROPOSED RULES February 11, 2011 36 Tex:Reg 709 
The proposed rulemaking is not expected to have a fiscal impact on individuals. The proposed rulemaking provides continued flexibility for local governments that have signed agreements 

with the agency concerning vehicle idling. The proposed rulemaking also exempts armored vehicles from vehicle idling restrictions. 

Armored vehicle companies are typically large businesses, and 

the proposed rulemaking is not expected to have a significant 

fiscal impact on those companies. However, armored vehicles 

would be exempt from vehicle idling restrictions in areas that 

have signed an agreement with the agency, and exemption from 

those restrictions would provide extra security for armored vehicles and protect the health and safety of employees. 

SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT 

No adverse fiscal implications are anticipated for small or micro-businesses as a result of the proposed rulemaking. The 

proposed rulemaking would provide continued flexibility for local governments that have signed agreements with the agency 

concerning vehicle idling. The proposed rulemaking would also 

exempt armored vehicles from vehicle idling restrictions. 

SMALL BUSINESS REGULATORY FLEXIBILITY ANALYSIS 

The commission has reviewed this proposed rule making and determined that a small business regulatory flexibility analysis is not 

required, because the proposed rulemaking is protective of human health and the environment and does not adversely affect a 

small or micro-business in a material way for the first five years 

that the proposed rulemaking is in effect. 

LOCAL EMPLOYMENT IMPACT STATEMENT 

The commission has reviewed this proposed rule making and determined that a local employment impact statement is not required, because the proposed rulemaking does not adversely 

affect a local economy in a material way for the first five years 

that the proposed rulemaking is in effect. 

DRAFT REGULATORY IMPACT ANALYSIS DETERMINATION 

The commission reviewed the proposed rulemaking in light of the 

regulatory analysis requirements of Texas Government Code, 

§2001.0225 and detennined that the proposed rulemaking does 

not meet the definition of a "major environmental rule." Texas 

Government Code, §2001.0225 states that a "major environmental rule" is, "a rule the specific intent of which is to protect 

the environment or reduce risks to human health from environmental exposure and that may adversely affect in a material way 

the economy, a sector of the economy, productivity, competition, 

jobs, the environment, or the public health and safety of the state 

or a sector of the state." Furthermore, while the proposed rulemaking does not constitute a major environmental rule, even if it 

did, a regulatory impact analysis would not be required because 

the proposed rulemaking does not meet any of the four applicability criteria for requiring a regulatory impact analysis for a major environmental rule. Texas Government Code, §2001.0225 

applies only to a major environmental rule which, "(1) exceeds 

a standard set by federal law, unless the rule is specifically required by state law; (2) exceeds an express requirement of state 

law, unless the rule is specifically required by federal law; (3) 

exceeds a requirement of a delegation agreement or contract 

between the state and an agency or representative of the federal government to implement a state and federal program; or 

(4) adopts a rule solely under the general power>~ of the agency 

instead of under a specific state law. n 

36 TexReg 710 February 11, 2011 Texas Register 

The proposed rulemaking implements requirements of the Federal Clean Air Act (FCAA). Under42 United States Code (USC), 

§7410, each state is required to adopt and implement a SIP containing adequate provisions to implement, attain, maintain, and 

enforce the NAAQS within the state. While 42 USC, §7410 generally does not require specific programs, methods, or reductions in order to meet the standard, SIPs must include "enforceable emission limitations and other control measures, means or 

techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as 

schedules and timetables for compliance as may be necessary 

or appropriate to meet the applicable requirements of this chapter, • (meaning 42 USC, Chapter 85, Air Pollution Prevention and 

Control, otherwise known as the FCAA). The provisions of the 

FCAA recognize that states are in the best position to determine 

what programs and controls are necessary or appropriate in order to meet the NAAQS. This flexibility allows states, affected 

industry, and the public to collaborate on the best methods for 

attaining the NAAQS for the specific regions in the state. Even 

though the FCAA allows states to develop their own programs, 

this flexibility does not relieve a state from developing a program 

that meets the requirements of 42 USC, §7410. States are not 

free to ignore the requirements of 42 USC, §7410, and must develop programs and control measures to assure that their SIPs 

provide for implementation, attainment, maintenance, and enforcement of the NAAQS within the state. Participation in the 

idling program is voluntary, and currently only the local governments in the CTA and the NCTA have signed agreements to 

implement vehicle idling rules. The affected idling limitations 

rules provide all local governments the option of applying the 

rules when additional control measures are needed to achieve 

or maintain attainment of the federal ozone standards. 

The specific intent of the proposed rulemaking is to make the 

idling enforcement period year-round; to remove the existing duplicative exemption for a motor vehicle that has a gross vehicle 

weight rating of 14,000 pounds or less; to exempt annored vehicles from motor vehicle idling requirements; and to retain the 

exemption of idling for heating or air conditioning while a driver 

is using the vehicle's sleeper berth for a government-mandated 

rest period and not within two miles of a facility offering external 

heating or conditioning, which expired on September 1, 2009. 

The proposed rulemaking does not constitute a major environmental rule under Texas Government Code, §2001.0225(g)(3) 

because while the specific intent of the proposed rulemaking is 

to protect the environment or reduce risks to human health from 

environmental exposure, as discussed previously in the FISCAL 

NOTE, PUBLIC BENEFITS AND COSTS, SMALL BUSINESS 

REGULATORY FLEXIBILITY ANALYSIS, and the LOCAL EMPLOYMENT IMPACT STATEMENT sections of this preamble, 

the proposed rulemaking would not adversely affect in a material way the economy, a sector of the economy, productivity, competition, or jobs; nor would the proposed rule making adversely 

affect in a material way the environment, or the public health and 

safety of the state or a sector of the state. The idling restrictions 

are effective only in certain areas of the state where an MOA between the TCEQ and the local government is in effect and only in 

certain defined areas within those limited areas. The proposed 

rulemaking is not subject to a regulatory impact analysis under 

Texas Government Code, §2001.0225 because it is not a major 

environmental rule. 

While the proposed rulemaking does not constitute a major environmental law, even if it did, it would not be subject to a regulatory 

impact analysis under Texas Government Code, §2001.0225. 
The requirement to provide a fiscal analysis of regulations in 

the Texas Government Code was amended by SB 633 during 

the 75th Legislature, t997. The intent of SB 633 was to require 

agencies to conduct a regulatory impact analysis of extraordinary rules. These are Identified in the statutory language as major environmental rules that will have a material adverse impact 

and will exceed a requirement of state law, federal law, or a delegated federal program; or are adopted solely under the general 

powers of the TCEQ. With the understanding that this requirement would seldom apply, the commission provided a cost estimate for SB 633 that concluded: "based on an assessment of 

rules adopted by the agency in the past, it is not anticipated that 

the bill will have significant fiscal implications for the agency due 

to its limited application." The commission also noted that the 

number of rules that would require assessment under the provisions of the bill was not large. This conclusion was based, in 

part, on the criteria set forth in the bill that exempted rules from 

the full analysis unless the rule was a major environmental rule 

that exceeds a federal law. 

The FCAA does not always require specific programs, methods, 

or reductions in order to meet the NAAQS; thus, states must develop programs for each nonattainrnent area to help ensure that 

those areas will meet the attainment deadlines. Because of the 

ongoing need to address nonattainment issues and to meet the 

requirements of 42 USC, §7410, the commission routinely proposes and adopts revisions to the SIP and rules. The legislature 

is presumed to understand this federal scheme. If each rule pro--

posed for inclusion in the SIP was considered to be a major environmental rule that exceeds federal law, then every revision to 

the SIP would require the full regulatory impact analysis contemplated by SB 633. This conclusion is inconsistent with the conclusions reached by the commission in its cost estimate and by 

the Legislative Budget Board (LBB) in its fiscal notes. Since the 

legislature is presumed to understand the fiscal impacts of the 

bills it passes and that presumption is based on information pro--

vided by state agencies and the LBB, the commission believes 

that the intent of SB 633 was only to require the full regulatory 

impact analysis for rules that are extraordinary in nature. While 

the rules have a broad impact, that impact is no greater than is 

necessary or appropriate to meet the requirements of the FCAA. 

For these reasons, rules adopted for inclusion in the SIP fall under the exception in Texas Government Code, §2001.0225(a), 

because they are required by federal law. 

The commission has consistently applied this construction to 

its rules since this statute was enacted in 1997. Since that 

time, the legislature has revised the Texas Government Code 

but left this provision substantially unamended. It is presumed 

that, "when an agency interpretation is in effect at the time the 

legislature amends the laws without making substantial change 

in the statute, the legislature is deemed to have accepted the 

agency's interpretation." Central Power & Light Co. v. Sharp, 

919 S.W.2d 485,489 (Tex. App. Austin 1995), writ denied with 

per curiam opinion respecting another issue, 960 S.W.2d 617 

(Tex. 1997); Bullock v. Marathon Oil Co., 798 S.W.2d 353, 357 

(Tex. App. Austin 1990, no writ); Cf. Humble Oil & Refining 

Co. v. Calvert, 414 S.W.2d 172 (Tex. 1967); Dudney v. State 

Farm Mut. Auto Ins. Co., 9 S.W.3d 884, 893 (Tex. App. Austin 

2000); Southwastem Life Ins. Co. v. Montemayor, 24 S.W.3d 

581 (Tex. App. Austin 2000, pet. denied); and Coastallndust. 

Water Auth. v. Trinity Portland Cement Div., 563 S.W.2d 916 

(Tex. 1978). 

The commission's interpretation of the regulatory impact analysis requirements is also supported by a change made to the 

Texas Administrative Procedure Act (APA) by the legislature in 

1999. In an attempt to limit the number of rule challenges based 

upon APA requirements, the legislature clarified that state agencies are required to meet these sections of the APA against the 

standard of "substantial compliance" as required in Texas Government Code, §2001.035. The legislature specifically identified 

Texas Government Code, §2001.0225 as falling under this standard. The commission has substantially campliad with the requirements of Texas Government Code, §2001.0225. 

Even if the proposed rulemaking constitutes a major environmental rule under Texas Government Code, §2001.0225(g)(3), 

a regulatory impact analysis is not required because this exemption is part of the commission's SIP for making progress toward 

the attainment and maintenance of the NAAQS. Therefore, the 

proposed rulemaking does not exceed a standard set by federal 

law or exceed an express requirement of state law, since they 

are part of an overall regulatory scheme designed to meet, not 

exceed the relevant standard set by federal law - the NAAQS. 

The commission is charged with protecting air quality within the 

state and to design and submit a plan to achieve attainment 

and maintenance of the federally mandated NAAQS. The Third 

District Court of Appeals upheld this interpretation in Brazoria 

County v. Texas Comm'n on Envtl. Quality, 128 S.W. 3d 728 

(Tex. App. -Austin 2004, no writ). The specific intent of the proposed rulemaldng is to make the current idling enforcement period year-round; to remove the existing duplicative exemption for 

a motor vahicle that has a gross vehicle weight rating of 14,000 

pounds or less and doas not have a sleeper; to exempt armored 

vehicles from motor vehicle idling requirements; and to retain 

the exemption of idling for heating or air conditioning while a 

driver is using the vehicle's sleeper berth for a government-mandated rest period and not within two miles of a facility offering 

external heating or conditioning, which expired on September 

1, 2009. This proposal, therefore, does not exceed an express 

requirement of federal law. The amendments are needed to implement state law but do not exceed those new requirements. 

The proposed rulemaking does involve a ccmpact (in particular, 

the Austin EAC), which is an agreement between the state and 

federal government to implement a stale and federal program; 

however, the proposed amendments do not exceed the requiremants of that compact. Finally, this proposed rulemaking was 

not developed solely under the general powers of the agency, but 

is authorized by specific sections of THSC, Chapter 382, which 

are cited in the STATUTORY AUTHORITY saction of this preambia, including THSC, §382.012 and §382.019. Because this 

proposed rulemaking does not meet any at the four applicability requirements, Texas Government Code, §2P01.0225(b) does 

not apply, and a regulatory impact analysis is not required. 

This proposed rulemaking is not subject to the regulatory analysis provisions of Texas Government Code, §2001.0225(b), for 

the following reasons. The proposed rulemaking is not a major environmental law because, while the specific Intent of the 

proposed rules are to protect the environment or reduce risks to 

human health from environmental exposure, the proposed rulemaking would not adversely affect in a material way the economy, a sector of the economy, productivity, ccmpelilion, or jobs, 

nor would it adversely affect in a material way the environment 

or the public health and safety of the state or a sector of the 

state. Furthermore, even if the proposed rulemaking was a major environmental rule, it does not meet any of the four applicability criteria listed in Texas Government Code, §2001.0225 

because: 1) the proposed rulemaking is part of the SIP, and as 

such is designed to meet, not exceed the relevant standard set 

PROPOSED RULES February 11, 2011 36 TexReg 711 
by federal law; 2) parts of the proposed rulemaking are dir~ctly 

required by state law; 3) no contract or delegation agreement 

covers the topic that is the subject of this proposed rulemaking; 

and 4) the proposed rulemaking is authorized by specific sections of THSC, Chapter 362 (also known as the Texas Clean Air 

Act), and the Texas Water Code, which are cited in the STATUTORY AUTHORITY section of this preamble. 

The commission invites public comment regarding the draft regulatory impact analysis determination during the public comment 

period. Written comments on the draft regulatory impact analysis determination may be submitted to the contact person at the 

address listed under the SUBMITTAL OF COMMENTS section 

of this preamble. 

TAKINGS IMPACT ASSESSMENT 

The commission evaluated the proposed rulemaking and performed an analysis of whether the proposed rulemaking constitutes a taking under Texas Government Code, Chapter 2007. 

The commission's preliminary assessment indicates Texas Government Code, Chapter 2007 does not apply. 

Under Texas Government Code, §2007.002(5), laking means: 

"(A) a governmental action that affects private real property, in 

whole or in part or temporarily or permanently, in a manner that 

requires the governmental entity to compensate the private real 

property owner as provided by the Fifth and Fourteenth Amendments to the United Stales Constitution or Section 17 or 19, Article I, Texas Constitution; or (B) a governmental action that: (i) 

affects an owner's private real property that is the subject of the 

governmental action, in whole or in part or temporarily or permanently, in a manner that restricts or limits the owner's right to the 

property that would otherwise exist in the absence of the governmental action; and {ii) is the producing cause of a reduction of at 

least 25% in the mari<et value of the affected private real property, determined by comparing the marl<et value of the property 

as if the governmental action is not in effect and the market value 

of the property determined as ij the governmental action is in effecl" 

Promulgation and enforcement of the proposed rulemaking 

would be neither a statutory nor a constitutional taking of private 

real property. These proposed rules are not burdensome, restrictive, or limiting of rights to private real property because the 

proposed rulemaking regulates vehicle idling in certain limited 

areas. Furthermore, the proposed rulemaking would benefit the 

public by providing all local governments the option of applying 

the idling rules when additional control measures are needed to 

achieve or maintain attainment of the federal ozone standards. 

The proposed rulemaking does not affect a landowner's rights in 

private real property because this rulemaking does not burden, 

restrict. or limit the owner's right to property, nor does it reduce 

the value of any private real property by 25% or more beyond 

that which would otherwise exist in the absence of the regula~ 

tions. Therefore, these proposed rules would not constitute a 

taking under Texas Government Code, Chapter 2007. 

CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM 

The commission reviewed the proposed rulemaking and found 

that the proposal is subject to the Texas Coastal Management 

Program (CMP) in accordance with the Coastal Coordination 

Act, Texas Natural Resources Code §§33.201 et seq., and therefore, must be consistent w~h all applicable CMP goals and policies. The commission reviewed this proposed rulemaking for 

36 TexReg 712 February 11, 2011 Texas Register 

consistency with the CMP goals and policies in accordance with 

the regulations of the Coastal Coordination Council and determined that the proposed rulemaking will not affect any coastal 

natural resource areas. The CMP goals applicable to the proposed rulemaking is the goal to protect, preserve, restore, and 

enhance the diversity, quality, quantity, functions, and values of 

coastal natural resource areas. No new sources of air contam~ 

inants would be authorized in those affected counties and it is 

possible that ozone levels would be reduced as a result of the 

proposed rulemaking. The CMP policy applicable to this proposed rulemaking action is the policy that commission rules com~ 

ply with regulations in the Code of Federal Regulations (CFR) 

to protect and enhance air quality in the coastal area (40 CFR 

§501.32). This rulemaking proposal would not have a detrimental effect on SIP emissions reduction obligations relating to maintenance of the ozone NAAQS. This proposed rulemaking action 

complies with the CFR. Therefore, in compliance with 40 CFR 

§505.22(e), this proposed rulemaking action is consistent with 

CMP goals and policies. Promulgation and enforcement of these 

proposed rules would not violate or exceed any standards iden~ 

tified in the applicable CMP goals and policies because the proposed rulemaking is consistent with these CMP goals and policies, and because these proposed rules do not create or have 

a direct or significant adverse effect on any coastal natural re~ 

source areas. 

Written comments on the consistency of this proposed rulemaking may be submitted to the contact person at the address listed 

under the SUBMITTAL OF COMMENTS section of this preamble. 

ANNOUNCEMENT OF HEARING 

The commission will hold a public hearing on this proposal in 

Austin on March 1, 2011, a\2:00 p.m. in Building E, Room 201S, 

at the commission's central office located at 12100 Park 35 Circle, and in Fort Worth on March 3, 2011, at 2:00p.m. in the Public Meeting Room, at the DFW TCEQ Region 4 Office located at 

2309 Gravel Road. The hearing is structured for the receipt of 

oral or written comments by interested persons. Individuals may 

present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; 

however, commission staff members will be available to discuss 

the proposal 30 minutes prior to the hearing. 

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact 

Sandy Wong, Office of Legal Services at (512) 239-1602. R<>-

quests should be made as far in advance as possible. 

SUBMITTAL OF COMMENTS 

Written comments may be submitted to Michael Parrish, MC 

205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, 

or faxed to (512) 239-4606. Electronic comments may be 

submitted at: http:llwww5.tceq.state.tx.uslruleslecommentsl. 

File size restrictions may apply to comments being submitted 

via the eComments system. All comments should reference Rule Project Number 2009-054-114-EN. The comment 

period closes March 11, 2011. Copies of the propcsed rul<>-

making can be obtained from the commission's Web site at 

http:llwww.tceq.state.tx.uslnavlruleslpropose_adopt.html. For 

further information, please contact Nina Castillo, Air Quality 

Planning Section, (512) 239-4415. 

STATUTORY AUTHORITY 
The amendments are proposed under the authority of Texas 

Government Code, §2001 .021, Petition for the Adoption of 

Rules, which authorizes an interested person to petition a 

state agency for the adoption of a rule. The amendments are 

proposed under Texas Water Code (TWC), §5.102, General 

Powers; TWC, §5.103, Rules; and TWC, §5.105, General 

Policy, which provide the commission with the general powers 

to carry out its duties and authorize the commission to propose 

rulemaking necessary to carry out its powers and duties under 

the TWC; and TWC, §5.013, General Junsdiction of Commission, which states the commission's authority over various 

statutory programs. The amendments are also proposed under 

Texas Health and Safety Code (THSC), §382.017, Rules, which 

authorizes the commission to propose rules consistent with the 

policy and purposes of THSC, Chapter 382 (the Texas Clean 

Air Act), and to propose rules that differentiate among particular 

conditions, particular sources, and particular areas of the state. 

The amendments are also proposed under THSC, §382.002, 

Policy and Purpose, which establishes the commission's purpose to safeguard the state's air resources, consistent with 

the protection of public health, general welfare, and physical 

property; THSC, §382.011, General Powers and Duties, which 

authorizes the commission to control the quality of the state's air; 

THSC, §382.Q12, State Air Control Plan, which authorizes the 

commission to prepare and develop a general, comprehensive 

plan for the conlrol of the slate's air; THSC, §382.019, Methods 

Used to Control and Reduce Emissions From Land Vehicles, 

which provides the commission the authority to propose rules 

to control and reduce emissions from engines used to propel 

land vehicles; and THSC, §382.208, Attainment Program, 

which authorizes the commission to develop and implement 

transportation programs and other measures necessary to 

demonstrate attainment and protect the public from exposure to 

hazardous air contaminants from motor vehicles. 

The proposed amendments implement THSC, §§382.011, 

382.012, 382.019, and 382.208. 

§114.512. Control Requirements for Motor Vehicle Idling. 

[fa}] No person shall cause. suffer. allow, or permit the primary propulsion engine of a motor vehicle to idle for more than five 

conseCutive minutes when the motor vehicle, as defined in§ 114.510 of 

this title (relating to Definitions), is not in motion [dtififtgthe peried ef 

Aj>fil+ ~Qeieloef 'H ef-eoJ...a.. ye<>F). 

ft9t ~<l!We<HSiftgtl>e oehiele's oleej>el'-mey~tl>e 

¥eftte.le:. is a- fesideRtisl 8fe&- M defuted by beeel Ge, emmeRt -Gede, 

j24 4 .QQ I, iH a ..aeet..,., wiiiH& +,QOO feet ef a ltasjHtal, .,. wiiiH& 

+,QOOfee<efaj!\H>li&..aeet<IHflflgil<f""""ef•~•••tiOH. Afti!ftdeftfti.s.sul3seetiea maybe f!tlftishtlb!e -byatifteftffi-te~~ 

!Jltis. suhseeti Bfl ~ Septemher -1-, ~ 

§114.517. Exemptions. 

The provisions of §114.512 of this title (relating to Control Requirements for Motor Vehicle Idling) do not apply to: 

(1) a motor vehicle that has a gross vehicle weight rating 

of 14.000pounds or less [aeddaes-h<weaoleej>el'-); 

(2) the primary propulsion engine of a motor vehicle being used to provide air conditioning or heating necessary for employee 

health or safety in an armored vehicle while the employee remains inside the vehicle to guard the contents or while the vehicle is being 

loaded or unloaded; [a mete£- vehiele that- has- a- gress- ¥elHele- -weightf!ltiftg ef ~~"'~after September+. :2009tl 

(3) a motor vehicle forced to remain motionless because of 

traffic conditions over which the operntor has no control; 

(4) a motor vehicle being used by the United States military, national guard. or reserve forces, or as an emergency or law enforcement motor vehicle; 

(5) the primary propulsion engine of a motor vehicle providing a power source necessary for mechanical operation, other than 

propulsion. end/or passenger compartment heating, or air conditioning; 

( 6) the primary propulsion engine of a motor vehicle being 

operated for maintenance or diagnostic purposes; 

(7) the primary propulsion engine of a motor vehicle being 

operated solely to defrost a windshield; 

(8) the primary propulsion engine of a motor vehicle that 

is being used to supply heat or air conditioning necessary for passenger comfort and safety in vehicles intended for commercial or public 

passenger transportation, or passenger transit operations, in which case 

idling up to a maximum of 30 minutes is allowed; 

(9) the primary propulsion engine of a motor vehicle being used to provide air conditioning or heating necessary for employee 

health or safety while the employee is using the vehicle to perform an 

essential job function related to roadway construction or maintenance; 

(I 0) the primary propulsion engine of a motor vehicle being used as airport ground support equipment; 

( 11) the owner of a motor vehicle rented or leased to a person that operates the vehicle and is not employed by the owner; or 

( 12) a motor vehicle when idling is necessary to power a 

heater or air conditioner while a driver is using the vehicle's sleeper 

berth for a government-mandated rest period and is not within two 

miles of a facility offering external beating and air conditioning connections at a time when those connections are available. [!Jltis.Mseeliett ""J'ife> September+.~) 

This agency hereby certifies that the proposal has been reviewed 

by legal counsel and found to be within the agency's legal authority to adopt. 

Filed with the Office of the Secretary of State on January 28, 

2011. 

TRD-201100378 

Robert Martinez 

Director. Environmental Law Division 

Texas Commission on Environmental Quality 

Ear1iest possible date of adoption: March 13, 2011 

For further information, please cal: (512) 239-2548 

• • 

CHAPTER 293. WATE t DISTRICTS 

SUBCHAPTER E. ISS lANCE OF BONDS 

30 TAC §293.44 

The Texas Commission on :nvironmenlal Quality (TCEQ, 

agency, or commission) propos )s an amendment to §293.44. 

BACKGROUND AND SUMM Y OF THE FACTUAL BASIS 

FOR THE PROPOSED RULE 

On May 28, 2010, Paloma Lak Municipal Utility District (MUD) 

Number 1, Paloma Lake MUD umber 2, Parkside at Mayfield 

Ranch MUD, and Armbrust & B wn, L.LP., on behalf of Greenhawe Water Control and lmpro ment District Number 2, Lakeside MUD Number 3. Moore's Crossing MUD, Travis County 

PROPOSED RULES February 11, 2011 36 TexReg 713 
Bryan W. Shaw, Ph.D., Chairman 

Buddy Garcia, Commissioner 

Carlos Rubinstein, Commissioner 

Mark R. Vickery, P.G., Executive Director 

TEXAS CoMMISSION ON ENVIRONMENTAL QUALITY 

Protecting Texas by Redudng and Preventing Pollution 

PUBUC HEARING ON PROPOSED REVISIONS TO 30 TAC CHAPTER 114 

AND REVISIONS TO THE STATE IMPLEMENTATION PLAN 

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to 

receive testimony regarding proposed revisions to 30 Texas Administrative Code (TAC) Chapter 114, 

Control of Air Pollution from Motor Vehicles, §114.512 and §114.517; and to the state implementation 

plan (SIP), under the requirements of Texas Health and Safety Code, §382.017; Texas Government 

Code, Chapter 2001, Subcllapter B; and 40 Code of Federal Regulations §51.102 of the United States 

Environmental Protection Agency (EPA) regulations concerning SIPs. 

The proposed rulemaking would allow enforcement year-round; remove the expired prohibition for 

drivers using sleeper berths to idle in residential areas, scllool zones, and near hospitals; and remove 

expiration dates that are no longer applicable. Additionally, the proposed rulemaking would remove 

the duplicative exemption for a motor vehicle that has a gross vehicle weight rating of 14,000 pounds 

or less and replace it with a new exemption for armored vehicles; and retain the exemption for a 

motor vehicle when idling for heating or air conditioning while a driver is using the vehicle's sleeper 

berth for a government-mandated rest period and not Within two miles of a facility offering external 

heating or conditioning, whicll expired on September 1, 2009. 

The commission will hold a public hearing on this proposal in Austin on March 1, 2011, at 2:00 p.m. 

in Building E, Room 201S, at the commission's central office located at 12100 Park 35 Circle, and in 

Fort Worth on Marcl13, 2011, at 2:00p.m. in the Public Meeting Room, at the DFW TCEQ Region 4 

Office located at 2309 Gravel Road. The hearing is structured for the receipt of oral or written 

comments by interested persons. Individuals may present oral statements when called upon in order 

of registration. Open discussion will not be permitted during the hearing; however, commission staff 

members will be available to discuss the proposal 30 minutes prior to the hearing. 

Persons who have special communication or other accommodation needs who are planning to attend 

the hearings should contact Sandy Wong, Office of Legal Services at (512) 239-1802. Requests should 

be made as far in advance as possible. 

Written comments may be submitted to Micllael Parrish, MC 205, Office of Legal Services, Texas 

Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 

239-4808. Electronic comments may be submitted at: 

http:jjwwws.tceq.texas.govjrulesjecommentsj. File size restrictions may apply to comments being 

submitted via the eComments system. All comments should reference Rule Project Number 2009-

054-114-EN. The comment period closes Marcl111, 2011. Copies of the proposed rulemaking can be 

obtained from the commission's Web site at 

http:jjwww.tceq.texas.govjnavjrulesjpropose_adopt.html. For further informatioJJ., please contact 

Nina Castillo, Air Quality Planning Section, (512) 239-4415. 

P.O. Box 13087 Austin, Texas 78711-3087 512-239-1000 Internet address: www.tceq.state.tx.us 

printed on recycled paper usmg wy-based ink 
WRITTEN AND 

ORAL TESTIMONY 
Reference Number 

W-1 

W-2 

W-3 

W-4 

W-5 

W-6 

W-7 

W-8 

W-9 

W-10 

W-11 

W-12 

W-13 

W-14 

W-15 

W-16 

W-17 

W-18 

W-19 

W-20 

W-21 

W-22 

W-23 

W-24 

W-25 

W-26 

W-27 

W-28 

W-29 

W-30 

W-31 

W-32 

W-33 

W-34 

W-35 

W-36 

W-37 

W-38 

W-39 

W-40 

W-41 

W-42 

W-43 

W-44 

INDEX OF WRITIEN TESTIMONY 

Submitted by 

David Tripp, A Better Tripp Moving and Storage Co., Inc. 

Billy Edge, Acme Truck Line 

Lawrence Edge, Acme Truck Line 

Russell Reim, Ahrens Bros. Trucking {HPI) 

Donna Griffin, Alamo Relocation and Storage, Inc. 

Jason Koch, AIITrans Medical Solutions 

Mark W. Arnold, All Ways Trucking 

Anthony Burnett, ARB Transport/DBA Jones Motor Group 

Mark Farley, Averitt Express 

William Owens, Sr., B&D Owens Co. 

Dudley Baldwin, Baldwin Distribution Services, Ltd. 

Barry Weems, BAMM Express Transport LLC 

Linda Bennett 

Irene Bowers, B.l.B. Trkg 

Walter Leek, BigFoots Hotshot Transport 

Russell W. Jurk, Bobby Lehman, Inc. 

William Chamberlin, BPI 

Leo Bricker 

Lawrence Brock 

Van Trimble, Brookshire Grocery Company 

Jesse Brown 

Jesse Brown 

Lynn Brown 

Charles Lawless, C. Lawless Trucking, LLC 

Rick Maddox, Canal Cartage Company 

Samuel Biscoe, Capital Area Council of Governments (similar to 

0-2) 

Harold D. Peetoom, Cargill Meat Logistics Solutions 

Alan Estes, Celanon 

Charles Slusser, Charlie Slusser's Hauling Service 

Vonciel Jones Hill and Linda Koop, City of Dallas 

John W. Clifford 

Steve Buzek, Creek Side Nursery 

Steve Mings, Crete Carrier 

Charles Miller, CRST 

Charles Russell, C-T Trucking 

Patricia Cullen, Cullen Trucking 

Elaine Briles, Dart Transit 

Steve Davenport 

Mehon Seay, Dist-Tech 

James Dockery 

Mary Dorsey, Dorsey Trans 

Diane Connolly, E.L. Farmer & Company 

Raymond K, Turner, Excargo Services 

Heidi Fenelon 
Reference Number 

W-45 

W-46 

W-47 

W-48 

W-49 

W-50 

W-51 

W-52 

W-53 

W-54 

W-55 

W-56 

W-57 

W-58 

W-59 

W-60 

W-61 

W-62 

W-63 

W-64 

W-65 

W-66 

W-67 

W-68 

W-69 

W-70 

W-71 

W-72 

W-73 

W-74 

W-75 

W-76 

W-77 

W-78 

W-79 

W-80 

W-81 

W-82 

W-83 

W-84 

W-85 

W-86 

W-87 

INDEX OF WRITIEN TESTIMONY 

Page2 

Submitted by 

Larry Madonia, Fikes Truck Line 

Peggy Kristapher, Fremont Contracr Carriers 

Edward Gallet! 

Jim Gandy, Gandy & Son's Inc. 

Glenn Broussard, Glenn Broussard Trucking 

Kenneth Murphey, Guy M. Turner 

Wayne Hagen, H & H Logistical SeiVices 

Donald Hamilton 

Donna Haynes 

TerryHebb 

Kendall Dawson, Hirschfeld Transportation 

Gaddis Wooley, Hot Shot Express 

Stacy Elms, Housley Communications, Inc. 

Nick Dynis, Hyden Highway Hauling, L.L.C. 

Douglas Ibrahim 

John Jinnette 

Radney Stricklin, Johnsrud Transpot Inc. 

Rickie Jones 

Phillip Killerlain 

Klaus Leinenbach, Klaus Leinenbach Trucking 

Kerry Kuckuck 

Clare Jamieson, Ladybug Freight 

Michael Wilson, Landstar 

Kevee Ramsey, Lanstar 

Joy Mattice 

Thomas Griffin, Mayberry Express 

James McCall 

Richard Minnix, Kay Shaw, McClatchy Bros, Inc. 

Robert Freeman, MLC, LLC 

Ricky Montgomery 

Randall Morse dba Morse Trucking 

Darlene Mullins 

Wayne E. Myers 

John Counts, Nabors Well SeiVices Co. 

Vincent E. Nicholson 

Chris Klaus, North Central Texas Council of Governments 

Greg Price, Oklahoma Tank Lines/United Petroleum Transport 

Matthew Price, Oklahoma Tank Lines/United Petroleum 

Transport 

Tim Rains, Oklahoma Tank Lines/United Petroleum Transport 

Andy Walker, Oklahoma Tank Lines/United Petroleum Transport 

Davida Wing, OOIDA 

Rickey Simpson, Panel Truss 

Neil Hill, Pappas Restaurants 
Reference Number 

W-88 

W-89 

W-90 

W-91 

W-92 

W-93 

W-94 

W-95 

W-96 

W-97 

W-98 

W-99 

W-100 

W-101 

W-102 

W-103 

W-104 

W-105 

W-106 

W-107 

W-108 

W-109 

W-110 

W-111 

W-112 

W-113 

W-114 

W-115 

W-116 

W-117 

W-118 

W-119 

W-120 

W-121 

W-122 

W-123 

W-124 

W-125 

W-126 

W-127 

W-128 

INDEX OF WRriTEN TESTIMONY 

Page 3 

Submitted by 

Richard Parker 

Kelli Lambert, Parkway Transport, loc. 

Alberto Payan, Payan Express Transportation Services, loc. 

Jim Phagan, Phagan Express of Texas 

Karen Brewer, Phil Brewer Trucking 

Phil Brewer, Phil Brewer Trucking 

Larry Plunkett, Plunkett Trucking 

Johnny Poindexter 

Curtis Jenkins, Pressinon, loc. 

Charles B. Boydstun, Queen Moving & Storage Co. 

Randy Bundy, Randy Bundy Trucking 

Ron Coultas, RCL Trucking 

Patty Reed, Reed's Sand & Gravel, LLC 

David Bishop, Refrigerated Transport, loc. 

Rex Long, Rex Long Trasnport Co. 

Gerald Gutierrez, Skinner Transportation, loc. 

Steve Skinner, Skinner Transportation, loc. 

Steve Skinner, Skinner Transportation, loc. 

Willis Skinner, Skinner Transportation, loc. 

Martin Hendrix, Specialized Transport Service 

aka STS Heavy Hauling 

Charles Boardman, Star Fleet Trucking 

Ross Sterling, Sterling's Vacuum Service 

John Flanagan, Stevens Van Lines, loc. 

Tom Cochran, Swift Transportation 

Thad Tate 

Adrian Tawney 

Charlotte Plumlee, Texas Hot Oilers, loc. 

John D. Esparza, Texas Motor Transportation Association 

Bill R. Andis, Texas Moving Co., loc. 

Peggy Jo Taylor, Tom Taylor Trucking 

Judith and Martin Byerly, Transwood,loc. 

Paul Gregory, Tri Dal Ltd. 

Debra Dian Turner 

Vernon Furlow, Turner Bros., LLC 

Kathy Lippencott, Two Ts Trucking 

Guy Donaldson, United States Environmental Protection Agency 

James Gunnels, Sr, USA Truck loc. 

Paul Anderson, USFW 

Robert McDowell, W.M. Dewey & Son, loc. 

Bryan Watts 

Richard Reiser, Werner Enterprises, loc. 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: Joyce Spencer 

To: Boothby, Kathe 

Date: 3/9/20111:24 PM 

Subject: Fwd: 2009-054-114-EN 

>>> TRRules 3/9/20111:22 PM>>> 

>>> <dtripp@abettertripp.com> 3/9/201110:57 AM>>> 

03/09/2011 10:57 AM 

W-1 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: David 

Last Name: Tripp 

Company/Organization: A Better Tripp Moving and Storage Co.Inc,. 

E-mail Address: dtripp@abettertripp.com 

Street Address: 5400 Mitchelldale , B1 

City: Houston 

State: TX 

Zip Code: 77092 

Phone Number: 713-266-8348 

Fax Number: 713-688-5559 

Rule: 2009-054-114-EN 

Comments: 

Page 1 ofl 

I am in support of allowing truck idling so that drivers get the rest that needed to operate in a safe manner! 

file://C:\ WINDOWS\Temp\XPgrpwise\4D777F8DTNRDOM20EP AAP01 0016£74791681... 3/9/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 9:34AM 

Fwd: 2009-054-114-EN 

>>> TRRules 3/10/20119:32 AM>>> 

>>> <e20734@yahoo.com> 3/9/2011 3:03PM>>> 

03/09/2011 03:03 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: billy 

Last Name: edge 

Company/Organization: acme truck line/ooida member 

E-mail Address: e20734@yahoo.com 

Street Address: 199 east church st. unit B 

City: hallsville 

State: tx 

Zip Code: 75650 

Phone Number: 9037204802 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Page 1 of 1 

W-2 

It is very unsafe not to allow idiling when a driver is stopped for a government mandated break.due to the 

extreme weather we see in the state of texas 

fi1e://C:\WINDOWS\Temp\XPgrpwise\4D789B3ETNRDOM20EPAAP010016E7479168 ... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 9:36 AM 

Fwd: 2009-054-114-EN 

>>> TRRules 3/10/2011 9:33AM >>> 

>>> <e20738@yahoo.com> 3/9/2011 3:24PM>>> 

03/09/2011 03:24 PM 

Page 1 of 1 

W-3 

This email is a confinnation of the comment that was submitted for the referenced rulemaking. 

First Name: lawrence 

last Name: edge 

Company/Organization: acme trucklinejooida member 

E-mail Address: e20738@yahoo.com 

Street Address: 199east church street unit b 

City: hallsville 

State: t:x 

Zip Code: 75650 

Phone Number: 903-720-4801 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

It is unsafe not to allow truck drivers to idle during seasonal weather changes 

file://C:\WINDOWS\Temp\XPgrpwise\4D789BAATNRDOM20EPAAP010016E747916... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/201110:24 AM 

Fwd: 2009-054-114-EN 

------------·---~··------------ ------

>>> TRRules 3/10/201110:01 AM>>> 

>>> <stealingcows@gmail.com> 3/10/2011 8:16AM >>> 

03/10/2011 08:16AM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Russell 

Last Name: Reim 

Company/Organization: Ahrens Bros. Trucking (HPI) 

E-mail Address: stealingcows@gmail.com 

Street Address: 3015 Possum Trot St. 

City: Brenham 

State: TX 

Zip Code: 77833 

Phone Number: 512-925-3021 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Page I of I 

W-4 

Hello, I am an employee driver for the above named company. I only today learned that the sleeper berth 

exemption had expired in September 2009. This was surprising news as it would seem only common sense that 

there would be an exemption. Here is the simple choice, life or death. Dramatic huh? You should see what I 

have seen across this nation. If I cannot get quality sleep I don't even want to imagine what will eventually 

happen. It's like Russian Roulette you see and a game I'm not willing to play. In a perfect world all drivers 

would have an external low emission power source but this cost money and is usually not practical given the 

HOS restrictions and that motels are not free and most cannot even fit a truck in their lot As an employee 

driver I would be crushed between the millstones of fines and motel expenses if I had to pay for it. 

Risk fines or risk prison for manslaughter? I'll pay the fines thank you. 

P.S. You all should get out more often and actually talk to some truck drivers. Or just call me on the CELL 

number above, I have real ideas from the frontline. 

Thank you. 

file://C:\WINDOWS\Ternp\XPgrpwise\4D78A6C6TNRDOM20EPAAPOIOOI6E747916... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 2:10 PM 

Fwd: 2009-054-114-EN 

>>> TRRules 3/10/20111:17 PM>>> 

>>> <alamo_ars@att.net> 3/10/201111:19 AM>>> 

03/10/201111:19 AM 

This email is a confinnation of the comment that was submitted for the referenced rulemaking. 

First Name: Donna 

Last Name: GRIFFlN 

Company/Organization: ALAMO RELOCATION & STORAGE, INC. 

E-mail Address: alamo_ars@att.net 

Street Address: 1113 E. Houston St. 

City: San Antonio 

State: 1X 

Zip Code: 7B205 

Phone Number: 210-226-4223 

Fax Number: 2102264265 

Rule: 2009-054-114-EN 

Comments: 

Page 1 of 1 

W-5 

We are in full support of Texas state law that allowed trucks to idle in order for the drivers to obtain 

government mandated rest. It is felt this should be at the drivers discretion, to allow his truck to idle while on 

his rest break,even though at present time given the increase of fuel prices they may also chose not to allow 

idling while on a rest. 

We high agree this should be passed in Bexar county. 

Sincerest regards, 

Donna Griffin 

manager 

Alamo Relocation & Storage, Inc. 

file://C:\ WINDOWS\Temp\XPgrpwise\4D78DBE6TNRDOM20EP AAP01 0016E747916... 3/10/2011 
03/07/2011 02:39 PM 

First Name: Jason 

Last Name: Koch 

Company/Organization: AllTrans Medical Solutions 

E-mail Address: jason@alltransrnedcial.corn 

Street Address: 21432 Provincial Blvd 

City: Katy 

State: TX 

Zip Code: 77450 

Phone Number: 281-945-4080 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Dear Texas Commission on Environmental Quality, 

VV-6 

Please accept this statement as support FOR the proposed rulernaking retaining 

the exemption that allows for a motor vehicle to idle for heating or air 

conditioning purposes while a driver is using the vehicle's sleeper berth for a 

government mandated rest period. 

AllTrans Medical Solutions deals exclusively in the testing and treatment of 

commercial drivers suffering with Obstructive Sleep Apnea, a sleep disordered 

breathing condition that effects an estimated 1 in 4 truck drivers. As a 

business that focuses on the sleep quality of commercial drivers, we cannot 

overemphasize the importance of a comfortable environment to promote healthy, 

restorative sleep. In our professional opinion, ANY legislative actions that 

would deter a CMV operator from obtaining proper sleep by restricting their 

ability to idle the truck engine during required rest periods would be HIGHLY 

irresponsible. Such a rule could relate directly to a decrease in public safety 

on our roadways. 

Thank you for your consideration in helping keep our truckers healthy and 

roadways safe! 

Jason Koch 

VP, Business Development 

AllTrans Medical Solutions 

www.alltransmedical.com 

281.945.4080- ofc 

281.945.4085- fax 

713.304.3082 - cell 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Joyce Spencer 

Boothby, Kathe 

3/10/201110:20 AM 

Subject: Fwd: 2009-054-114-EN 

>>> TRRules 3/10/2011 9:53AM>>> 

>>> <allwystrkg@yahoo.com> 3/9/2011 5:53PM >>> 

03/09/2011 05:53PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: mark w 

Last Name: arnold 

Company/Organization: All Ways Trucking 

E-mail Address: allwystrkg@yahoo.com 

Street Address: PO Box 555 

City: Bells 

State: 1X 

Zip Code: 75414 

Phone Number: 903-814-7946 

Fax Number: 866-645-7966 

Rule: 2009-054-114-EN 

Comments: 

Page I of I 

W-7 

I can certainly understand the argument against idling large trucks, but I would like you to consider one thing. 

How well do you sleep when your electricity is OFF? 

file://C:\WINDOWS\Temp\XPgrpwise\4D78A602TNRDOM20EPAAPOI0016E7479168 ... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 10:23 AM 

Subject: Fwd: 2009-054-114-EN 

Page I of I 

W-8 

------·-·----------------·--------------------

>>> TRRules 3/10/201110:01 AM>>> 

>>> <bigbrother0524@yahoo.com> 3/10/2011 8:16AM>>> 

03/10/2011 08:16AM 

This email is a confinnation of the comment that was submitted for the referenced rulemaking. 

First Name: Anthony 

Last Name: Burnett 

Company/Organization: ARB Transport /DBA Jones Motor Group 

E-mail Address: bigbrother0524@yahoo.com 

Street Address: 702 Paintbrush Dr. 

City: Harker Heights 

State: Tx 

Zip Code: 76548 

Phone Number: 214-289-2640 

Fax Number: 205-278-9760 

Rule: 2009-054-114-EN 

Comments: 

The Idling rule should be reinstated for rest time as to when the driver is in the sleeper berth for required 10 

hour break and during the time in which the driver is in the sleeper berth during a 34 hour break. This allows 

the driver to be comfortable in an effort to get proper rest while in the sleeper. Driver are forced to drive long 

hours to meet the reqiurement of the 14 hour work day so there is little time for rest during day. Being able to 

idle while in the sleeper will be a great help to the drivers ability to get proper rest. Thank you for allowing my 

comments to be heard. 

file://C:\WINDOWS\Temp\XPgrpwise\4D78A6BDTNRDOM20EPAAPOIOOI6E747916... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: Joyce Spencer 

To: Boothby, Kathe 

Date: 3/10/201110:21 AM 

Subject: Fwd: 2009-054-114-EN 

·-------··-----

>>> TRRules 3/10/20119:55 AM>>> 

>>> <redvolvo7995@yahoo.com> 3/9/2011 7:50PM>>> 

03/09/2011 07:50 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Mark 

Last Name: Farley 

Company/Organization: Averitt Express 

E-mail Address: redvolvo7995@yahoo.com 

Street Address: 3514 S.Home Pl. 

City: Sugar Land 

State: TX 

Zip Code: 77479-1793 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Page 1 of 1 

W-9 

I think this is all agenda driven towards another environmental kabuki dance. Man cannot destroy the planet 

nor the air. Please find something important to do instead of chipping away at our rights. Stopping idling is not 

going to accomplish anything. 

I am against idling restrictions. 

file://C:\WINDOWS\Temp\XPgrpwise\4D78A635TNRDOM20EP AAP01 0016E7479168... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 9:36 AM 

Subject: Fwd: 2009-0S4-114-EN 

>>> TRRules 3/10/2011 9:32AM >>> 

>>> <billowenssr@yahoo.com> 3/9/2011 3:1S PM>>> 

03/09/2011 03: 1S PM 

Page 1 of 1 

W-10 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: William 

last Name: Owens sr 

Company/Organization: B&D OWENS CO. 

E-mail Address: billowenssr@yahoo.com 

Street Address: SOO se cr 2200 

City: Corsicana 

State: lX 

Zip Code: 7S109 

Phone Number: 903-229-0124 

Fax Number: 903-872-6184 

Rule: 2009-0S4-114-EN 

Comments: 

I dont think it is idleing that makes the smong anymore then all the cars running.If we can't idle then we cant 

rest, try sleeping in your car With no a/cor heater. Our 10 hr.rule would never be over if we had to start and 

trun off truck every hour. The state of Teas has closed most rest areas so we cant sleep out of the city now. 

and it is to dangerouse to sleep w/ window open,it isnt like 30 years ago when you could pull off the road and 

kick your door open and sleep with out any one bothering you.So please think about the ones who bring 

everything you use in day to day life and let us idle in comfort. 

THANK YOU 

BILL OWENS sr. 

fi1e://C:\WINDOWS\Ternp\XPgrpwise\4D789B89TNRDOM20EPAAP010016E7479168... 3/10/2011 
03/07/2011 11:42 AM 

First Name: Dudley 

Last Name: Baldwin 

Company/Organization: Baldwin Distribution 

E-mail Address: dudley@baldwin-dist.com 

Street Address: 8351 Amarillo Blvd E 

City: Amarillo 

State: TX 

Zip Code: 79107 

Phone Number: 806.383.7650 

Fax Number: 806.383.9563 

Rule: 2009-054-114-EN 

Comments: 

W-11 

Services, Ltd 

I support Rule 2009-054-114-EN Idling Rule. I operate a fleet of 122 class 8 

trucks throughout the state of Texas. I prefer our trucks not to idle especially 

when the price of fuel is over $3.75 a gallon. However, due to government 

restrictions and mandated rest periods idling is necessary for our drivers to 

get their rest. With the extremes in our Texas temperatures then idling becomes 

necessary to control the temperature in the sleeper for our drivers to be well 

rested and safe. We have installed auxilary power units on most of our trucks 

for heating and cooling but we still have 25% of our fleet not equipped. These 

units have to idle to enable our drivers to get their rest. 

We need this rule enacted before the extreme temperatures of summer are upon us. 

Thank you, 

Dudley Baldwin 

President 

Baldwin Distribution 

Amarillo, TX 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

SUbject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 10:18 AM 

Fwd: 2009-0S4-114-EN 

>>> TRRules 3/10/2011 9:S2 AM >>> 

>>> <bammexpress@hotmail.com> 3/9/2011 4:18PM >>> 

03/09/2011 04:18PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: BARRY 

Last Name: WEEMS 

Company/Organization: BAMM EXPRESS TRANSPORT LLC 

E-mail Address: bammexpress@hotmail.com 

Street Address: 213 ROBIN HOOD DRIVE 

City: NACOOGDOCHES 

State: Texas 

Zip Code: 7S961 

Phone Number: 93620S4611 

Fax Number: 

Rule: 2009-0S4-114-EN 

Comments: 

Page I of I 

W-12 

PLEASE LET DRIVERS IDLE THEIR TRUCKS IF NEEDED TO REST. I HAVE A APU ON MY TRUCK BlJT NOT ALL 

CARRIERS OR OWNER OPERATOR/DRIVERS HAVE $10,000.00 TO HAVE ONE INSTALLED. THE RETURN ON 

INVESTMENT IS ABOlJT 3 YEARS. 

THANK YOU FOR YOUR ATTENTION 

BARRY WEEMS 

file://C:\WINDOWS\Temp\XPgrpwise\4D78A58FTNRDOM20EPAAP010016E7479168 ... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 10:23 AM 

Fwd: 2009-054-114-EN 

>>> TRRules 3/10/201110:00 AM>>> 

>>> <missylinda51@yahoo.com> 3/10/2011 8:08AM>>> 

03/10/2011 08:08AM 

Page 1 of 1 

W-13 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Linda 

Last Name: Bennett 

Company/Organization: 

E-mail Address: missylinda51@yahoo.com 

Street Address: 1412 Kirkland Hill Rd. 

City: Axtell 

State: TX 

Zip Code: 76624 

Phone Number: 254-495-2589 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Please consider allowing idling in order to help truckers obtain proper rest during federally mandated breaks. 

One thing people don't seem to realize is that truck drivers need their sleep and it is impossible to sleep when 

the temperature outside is extreme (either hot or cold). 

Thank you. 

file://C:\WINDOWS\Temp\XPgrpwise\4D78A6B21NRDOM20EPAAP010016E747916 ... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: Joyce Spencer 

To: Boothby, Kathe 

Date: 3/10/2011 10:19 AM 

Subject: Fwd: 2009-054-114-EN 

>>> TRRules 3/10/2011 9:52AM >>> 

>>> <BIB.trkg@yahoo.com> 3/9/2011 4:28PM>>> 

03/09/2011 04:28 PM 

Page I of I 

W-14 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Irene 

Last Name: Bowers 

Company/Organization: B.I.B. Trkg 

E-mail Address: BIB.trkg@yahoo.com 

Street Address: 208 P.R. 1329 

City: Stephenville, 

State: Tx 

Zip Code: 76401 

Phone Number: 254-592-1345 

Fax Number: 254-965-3283 

Rule: 2009-054-114-EN 

Comments: 

The use of idle time while a driver is in the sleeper, is essential to allow sufficient rest to releive fatigue. 

Uncomfortable sleeping conditions lead to poor sleep patterns and driver fatigue. With the rising cost of diesel 

fuel, I can assure you no driver or truck owner is going to idle that semi longer than need be. It is a very 

expensive luxury that none of us can afford. 

file://C:\WINDOWS\Temp\XPgrpwise\4D78A5A9TNRDOM20EP AAPOI 0016E747916... 3/10/2011 
Kathe Boothby - Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/201110:19 AM 

Fwd: 2009-054-114-EN 

>>> TRRules 3/10/2011 9:53AM>>> 

>>> <rockbrooktrucking@wildblue.net> 3/9/2011 4:45PM >>> 

03/09/2011 04:45 PM 

Page 1 of 1 

W-15 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Walter 

Last Name: Leek 

Company/Organization: Big Foots Hotshot Transport 

E-mail Address: rockbrooktrucking@wildblue.net 

Street Address: 2319 Chestnut 

City: San Angelo 

State: Tx 

Zip Code: 76901 

Phone Number: 325-320-3767 

Fax Number: 325-396-2311 

Rule: 2009-054-114-EN 

Comments: 

Ufe on the road for truck drivers is a very trying and stressful. A driver needs to get a quality rest break. 

Allowing a driver to idle keeping the environment in the vehicle comfortable is vital for the driver's rest. A driver 

that doesn't get quality rest is not a safe driver. 

Please allow idling in Texas and all other states. 

Roy Leek Bigfoots HotShot Transport 

file://C:\ WINDOWS\Ternp\XPgrpwise\4D78A585TNRDOM20EP AAP01 00 16E74 7916... 3/10/2011 
FROM :ELT FAX NO. :9795420096 

P.O. Box b9 • Giddings, TX 78942 

979.5..,.2.0689 • 800.348.2483 

Foxo 979.542.0096 

March 9, 2011 

Mr. Michael Parrish . 

MC 205, Office of I .egal Services 

Texus Commission on Environmenlal Quality 

· P .0. Box 13087 

Austin, Texas 78711- 3087 

RE: Rule Project Number 2009-054-114-EN 

Dear Mr. Parrish, 

M~r-. 09 2011 09:54RM P1 

W-16 

As a motor carrier wi.th opcmtions primarily in Texlls, I would like to Vllice my suppo·rt 

for the proposed rulemaking. 

We are all in support of clean air, and the lruuking industry has responded well wi.th new 

technologies to reduce idling 101d emissions. Engines today are cleaner thllll ever-before 

and continue to improve. The reduction of tlnlissions by eliminating unnecessary idling is 

a priority for 1111 motor carriers, and with fuel at $3.50 plus, imperative. However, there 

arc limes when idling is occcs.~wy for drivers to rest comfortably, as required. The 

proposed rulemaking would exempt these drivers, while resting in their sleeper berth. 

This exemption is important for everyone who shares the highways ofTcxa~. 

I urge lllld support the finalization of the wnendmeots. 

~~ 

Sincerely, 

Ru~ll W. Jurk · 

Vice President 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: Joyce Spencer 

To: Boothby, Kathe 

Date: 3/10/2011 10:21 AM 

Subject: Fwd: 2009-054-114-EN 

>>> TRRules 3/10/2011 9:54AM >>> 

>>> <williamchamberlin44@yahoo.com> 3/9/2011 6:45PM>>> 

03/09/2011 06:45 PM 

W-17 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: william 

Last Name: chamberlin 

Company/Organization: BPI 

E-mail Address: williamchamberlin44@yahoo.com 

Street Address: 1515 cannon parkway apt 2327 

City: toanoke 

State: tx 

Zip Code: 76262 

Phone Number: 817-455-6567 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

would really appriciate having to able to idol truck 

Page I of I 

file://C:\WINDOWS\Ternp\XPgrpwise\4D78A620TNRDOM20EPAAPOIOOI6E7479168 ... 3/10/2011 
Kathe Boothby - Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 9:34 AM 

Fwd: 2009-054-114-EN 

Page I of I 

W-18 

------------------ -----------·-----------------------

>>> TRRules 3/10/2011 9:27AM>>> 

>>> <tx18wheel@yahoo.com> 3/9/2011 2:53 PM >>> 

03/09/2011 02:53 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Leo 

Last Name: Bricker 

Company/Organization: 

E-mail Address: tx18wheel@yahoo.com 

Street Address: 2734 W Oaks Blvd 

City: Pearland 

State: TX 

Zip Code: 77584 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Please consider this carefully. The danger to Texas motorists from an unrested driver could be much greater 

than the danger of an idling truck. Having a/c and heat while on sleeper berth time is very important. Consider 

if you were only allowed to turn the electricity to your home on for 5 minutes per hour. That is the EXACT 

comparison. You are debating the truck driver's home on the road. If you are going to keep your electricity on 

24/7 you need to vote to also allow truckers to idle while sleeping. Thank you. 

file://C:\ WINDOWS\Temp\XPgrpwise\4D789B33TNRDOM20EP AAPOI 0016£7479168... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Joyce Spencer 

Booth by, Kat he 

3/10/2011 3:40 PM 

Subject: Fwd: 2009-054-114-EN 

>>> TRRules 3/10/2011 3:24PM>>> 

>>> <labrock@gmail.com> 3/10/20111:58 PM >>> 

03/10/2011 01:58 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Lawrence 

Last Name: Brock 

Company/Organization: 

E-mail Address: labrock@gmail.com 

Street Address: 2703 Roseheath Ln. 

City: Houston 

State: 1X 

Zip Code: 770 73 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

To Whom it may concern 

Page 1 of 1 

W-19 

The Texas Commission on Environmental Quality is scheduled to consider amending its regulation to exempt 

large trucks "when idling for heating or air conditioning while a driver is using the vehicle's sleeper berth for a 

government-mandated rest period and not within two miles of a facility offering external heating or 

conditioning." 

Please amend this regulation for the comfort of drivers and the safty of the the drivers and public, a well rested 

driver is a safe driver. Living in Texas we all know that sleeping without NC or heater is not possible,as I'm sure 

that the members of this comission have heat and NC in there homes and wouldn't think of turning them off in 

the summer heat or the cold of winter. With fuel costs going thru the roof nobody wants to idle there trucks if 

they don't have to, but while getting goverment mandated ten hour rest periods it is a must. 

Thank You 

Lawrence A Brock 

file://C:\ WINDOWS\Temp\XPgrpwise\4D78FOF2TNRDOM20EP AAP01 0016E7479169... 3/10/2011 
From: 

To: 

Date: 

Subject: 

Attachments: 

<vantrimble@brookshires.com> 

<vantrimble@brookshires.com> 

3/11120111:17PM 

2009-054-114-EN 

Texas Register Idle Reduction 3-11-11.doc 

03/11/201101:25 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Van 

Last Name: Trimble 

Company/Organization: Brookshire Grocery Company 

E-mail Address: vantrimble@brookshires.com 

Street Address: 1600 WSW Loop 323 

City: Tyler 

State: Tx 

Zip Code: 75701 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

PageJ] 

W-20 
Brooks hires •"c'"'"c:' ,,.,.,,c. foodApi-lorr.-:c~y 

Texas Register Team- MC 205 

General Law Division 

Office of Legal Services 

TCEQ 

P.O. Box 13087 

Austin, TX 78711-3 087 

RE: Rule Project Number 

2009-054-114-en 

Dear Sir/Madam, 

March 10,2011 

The trucking industry supports and is making a concerted effort to reduce unnecessary idling. 

Unnecessary idling consumes additional fuel, which is among the largest expense associated with 

operating a truck. The simplest method of reducing unnecessary idling is to have the driver tum-off the 

engine when it is not needed. Many companies have instituted policies or have deployed automatic shutdown devices to help reduce any unnecessary idling. The cost of idle reduction technologies can range 

from less than $1,000 to nearly $10,000 depending upon the system and the capabilities. The upfront cost 

of these technologies represents one of the most significant barriers to deployment, particularly for 

systems which provide air conditioning and tend to be more costly. 

Truck drivers have traditionally relied on being able to idle the main engine to provide heat, air 

conditioning, and electrical power to their sleeper berths during federally mandated rest periods. Drivers 

who use their sleeper berths to comply with federal requirements are required to spend at least eight hours 

in their sleeper berth -necessitating a comfortable sleeping environment. Proper rest for drivers is the 

major contributing factor to reducing fatigued related accidents. 1n order for drivers to achieve quality 

and quantity of rest, some idling is necessary. Our belief is that the health and safety of drivers and the 

public outweighs dangers posed by emissions created by necessary idling. 

Since 2008, nearly every model of heavy-duty diesel engine, the types of engines found in trucks with 

sleeper berths, has been certified by the California Air Resources Board to an idle emissions standard for 

NOx which is equivalent to a diesel-fired auxiliary power unit. 1n other words, the idling of these primary 

engines produces the same level of NOx emissions as the most prevalent type of idle reduction 

technology used today. 

Brookshire Grocery Company supports the proposed amendment 114.517 to retain the exemption of 

idling for heating or air conditioning while a driver is using the vehicles sleeper berth for governmentmandated rest period. 

Respectfully, 

Van Trimble 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/201110:25 AM 

Fwd: 2009-054-114-EN 

>>> TRRules 3/10/2011 10:07 AM >>> 

>>> <jessebrown3333@msn.com> 3/9/2011 8:31PM>>> 

03/09/2011 08:31 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Jesse 

Last Name: Brown 

Company/Organization: 

E-mail Address: jessebrown3333@msn.com 

Street Address: P 0 Box 90823 

City: Houston 

State: TX 

Zip Code: 77290 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Page I of I 

W-21 

I believe that the state should allow idling in certain areas of the state during rest periods. Being allowed to idle 

will help truckers obtain proper rest during federally mandated breaks. 

I pray that the Texas Commission on Environmental Quality will consider amending its regulation to exempt 

large trucks consider amending its regulation to exempt large trucks "when idling for heating or air conditioning 

while a driver is using the vehicle's sleeper berth for a government-mandated rest period and not within two 

miles of a facility offering external heating or conditioning." 

file://C:\WINDOWS\Temp\XPgrpwise\4D78A722TNRDOM20EPAAP010016E7479168 ... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 10:25 AM 

Fwd: 2009-054-114-EN 

------------------·--·------------

>>> TRRules 3/10/201110:07 AM>>> 

>>> <bud436@consolidated.net> 3/10/2011 8:23AM>>> 

03/10/2011 08:23 AM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Jesse 

Last Name: Brown 

Company /Organization: 

E-mail Address: bud436@consolidated.net 

Street Address: 161 Carriage Trail 

City: Montgomery 

State: TX 

Zip Code: 77316 

Phone Number: 713-202-0352 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Page 1 of 1 

W-22 

I fully support allowing a driver to idle the engine of a truck while fulfilling the federally mandated time 

requirement for off duty bunk time. This is a health and safety issue as well as an economic issue. For vehicles 

equipped with an auxiliary power unit (APU)to provice heating and cooling I support the change of gross weight 

restrictions to allow for the added weight of the APU without reducing the total cargo weight limit of the vehicle 

(80,000 pounds plus APU). 

file://C:\ WINDOWS\ Temp\XPgrpwise\4D78A 72CTNRDOM20EP AAPO 10016£747916... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 10:24 AM 

Subject: Fwd: 2009-054-114-EN 

Page 1 of 1 

W-23 

-------------- ----------·---------------

>>> TRRules 3/10/201110:03 AM >>> 

>>> <tombstoneguru@yahoo.com> 3/10/2011 9:24AM>>> 

03/10/2011 09:24AM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Lynn 

Last Name: Brown 

Company/Organization: 

E-mail Address: tombstoneguru@yahoo.com 

Street Address: 195 Frye Road 

City: Guin 

State: AI 

Zip Code: 35563 

Phone Number: 205-468-2195 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

As one who has spent many days crossing Texas in all sorts of weather I hope you will consider this change in 

regulations. It is so important for drivers to be able to rest comfortably and the idling of their trucks is a major 

part of that. Since most companies, especially the smaller companies, do not have the funds to equipt their 

trucks with other forms of heating and cooling idling is the only choice. 

I hope you will consider the problem of driver fatigue as you deal with this measure because the safety of Texas 

highways depends on it. 

file://C:\WINDOWS\Temp\XPgrpwise\4D78A6F7TNRDOM20EPAAP010016E7479168 ... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Joyce Spencer 

Boothby, Kathe 

3/11/2011 8:13AM 

Subject: Fwd: 2009-054-114-EN 

>>> TRRules 3/10/2011 5:14PM>>> 

>>> <lawless@eastex.net> 3/10/2011 4:29PM>>> 

03/10/2011 04:29 PM 

Page 1 of 1 

W-24 

·----·----------

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Charles 

last Name: Lawless 

Company/Organization: C. LAWLESS TRUCKING, LLC 

E-mail Address: lawless@eastex.net 

Street Address: 10184 FM 1276 

City: Livingston 

State: TX 

Zip Code: 77351 

Phone Number: 9363271526 

Fax Number: 9365634878 

Rule: 2009-054-114-EN 

Comments: 

Drivers need to be able to legally idle while they are in their truck on break. 

file://C:\ WINDOWS\Temp\XPgrpwise\4D79D994TNRDOM20EP AAP01 0016£7479169... 3/11/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Joyce Spencer 

Booth by, Kathe 

3/9/2011 1:25 PM 

Subject: Fwd: 2009-054-114-EN 

>>> TRRules 3/9/20111:23 PM>>> 

>>> <rickm@canalcartage.com> 3/9/201111:51 AM>>> 

03/09/201111:51 AM 

Page I of I 

W-25 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Rick 

Last Name: Maddox 

Company /Organization: Canal Cartage Company 

E-mail Address: rickm@canalcartage.com 

Street Address: 11643 Wallisville Rd 

City: Houston 

State: tx 

Zip Code: 77013 

Phone Number: 713-672-1779 

Fax Number: 713-672-4006 

Rule: 2009-Q54-114-EN 

Comments: 

To whom it may concern, 

I am in support of the proposed rulemaking. I would prefer that my trucks not idle at all due to the cost of fuel 

and the wear and tear on my trucks engine. However, my drivers are required to take periodic rest stops and 

sleep is impossible without air conditioning in the summers and heating in the winter. Requiring the engine to 

idle for this comfort.Piease finalize this rulemeking before the hot Texas summer arrives. 

Best Regards, 

Rick Maddox 

President 

Canal Cartage Company 

713-672-1779. 

file://C:\ WINDOWS\Ternp\XPgrpwise\4 D777F ACTNRDOM20EP AAPO I 0016E74 79168... 3/9120 II 
. ' 

· Cotmcil ~ember · ·- ~ 

Patty Eason -- ~~1 .. City of Georgetoyv~ ; ~ 

·city of San Mar<;:os_:-;: 

·_. . ·:J . . . . ·. )'~1 

#.:~A . ' .. . :~ 

~ '! .~ 

. ' ~ • ••• <...: 

Capital Area Council of Governments 

6800 B:..:1eson Rood. Building 310. Suile 165 

Austin. TX 78744 

512.916.6000 - l-ox 512.916.6001 

'HWW.Copcog.org 

W-26 

February 25, 2011 

Michael Parrish 

MC 205 

Office of Legal Services, Texas Commission on Environmental Quality 

P.O. Box 13087 

Austin, TX 78711 -3087 

RE: Comments on TCEQ Rule Project Number. 2009-054-114-EN 

Dear Mr. Parrish, 

Enclosed are comments by the Central Texas Clean Air Coalition (CAC} regarding TCEQ's 

proposed heavy-duty diesel idling rule revision (Rule Project Number 2009-054-114-EN). 

The CAC is an association of elected officials representing local governments in the fivecounty Austin-Round Rock-San Marcos metropolitan region of Central Texas, and is 

responsible for the development and implementation of the area's voluntary ozone control 

plan, which includes locally enforced idling restrictions. Below is a summary of the CAC's 

comments: 

o The CAC supports year-round enforcement; 

o The CAC does not support adoption of the sleeper berth exemption because we believe 

.... ·. the.re are. viabie·aJtematives to idling the primary engine and because it will make the rule 

>· difficult to-'enforce and· diminish i~centives for installation of idle reduction technology; 

o If TCEQ does adopt the sleeper berth exemptiQn, the CAC requests that the exemption 

should be limited to a two-year period; 

o The CAC requests that instead of eliminating the expired prohibition on idling in 

residential areas, near schools, and near hospitals, the TCEQ instead eliminate the 

expiration date for this provision; · 

o The CAC requests that TCEQ review its legal authority to establish the amount of fines 

for offenses under the rule, and if it determines that it is able to do so, to include specific 

maximum fine amounts for idling in all situations; 

o The CAC requests that the TCEQ clarify that entering into an Memorandum of 

Agreement (MOA) under this rule does not make businesses within the j_urisdiction 

ineligible for Texas Emissions Reduction Plan (TERP) grant funding for idle r.eduction 

equipment; 

o The CAC requests that the effective date of any rule change be after the end of the 2011 ' 

ozone season so as not to interfere with implementation of the rule this year . 

Th·e CAC appreciates this opportunity to comment on the rule proposal and looks forward to 

working with TCEQ to reduce air pollution in Central Texas . 

Best regards, . . . . . r · · · · 

-r. ... . , .. . . . . . . . . Samuel' Biscoe: ·Travis 'CountY ·Judge ·.' ·: · .. · 

Chair, Central :Texas Clean Air Coalition·-·. ·.- · . . 

··. · . 

·.··· · .. •. : .. ~ : ' .. 

:·.:: :;·~::~ : : .· :··. :_.: .::. ~:: . ... ·~ ... ··.· 

• 4'' . ; • ·~ •• 

·· . :· .• 

: ··.· 
Centra I Texas Clean Air Coalition's Comments on TCEQ's Heavy Duty Diesel Vehicle Idling Rul.e Proposal 

(Rule Project No. 2009-054-114-EN), February 25, 2011 

Summary 

• The Central Texas Clean Air Coalition (CAC) supports year-round enforcement; 

• The CAC does not support adoption ofthe sleeper berth exemption, because there are viable 

alternatives to idling the primary engine and because it will make the rule difficult to enforce and 

diminish incentives for installation of idle reduction technology; 

• If TCEQ does adopt the sleeper berth exemption, the CAC requests that the exemption should be 

limited as follows: 

1. Prohibit sleeper-berth idling in residential areas as defined by Local Government Code §244.001, 

within school zones, within 1,000 feet of a public school during operating hours, and within 

1,000 feet of a hospital; 

2. Restrict the exemption only to heavy-duty vehicles with a primary diesel engine meeting the 

nitrogen oxide idling emission standard in Title 13, of the California Code of Regulations, Section 

1956.8(a)(6)(C); 

3. Allow the exemption for no longer than two years; and 

4. Modify the geographic applicability so that sleeper berth idling is not allowed within thirty (30) 

miles of a facility offering external heating or air conditioning, rather than two, which is what 

the proposal included. 

• The CAC requests that, in light of the Texas Commission on Environmental Quality's (TCEQ's) 

proposal fort he sleeper berth exemption, instead of eliminating the expired prohibition on idling··in 

residential areas, near schools, and near hospitals, the TCEQ instead eliminate the expiration date; 

for this provision; 

• The CAC requests that TCEQ review its legal authority to establish the amount of fines for offenses 

under the rule, and if it determines that it is able to do so, to include specific maximum fine 

amounts for idling in all situations; 

• The CAC requests that the TCEQ clarify that entering into an Memorandum of Agreement (MOA) 

under this rule does not make businesses within the jurisdiction ineligible for Texas Emissions 

Reduction Plan (TERP) grant funding for idle reduction equipment; 

• The CAC requests that the effective da.te of any rule ·change be after the end of the 2011 ozone 

season so as not to interfere with implementation of the rule this year. 

1 
Central Texas Clean Air Coalition's Comments on TCEQ's Heavy Duty Diesel Vehicle Idling Rule Proposal 

(Rule Project No. 2009-054-114-EN), February 25, 2011 

Year-Round Enforcement 

The CAC supports year-round enforcement of the idling rule. This change would enable jurisdictions to 

adjust their enforcement protocol accordingly if EPA modifies the area's ozone monitoring period or if 

the area already has a longer ozone season than April through October. It would also improve 

compliance since there would be no confusion for either truckers or law enforcement personnel as to 

when the restrictions are effective. 

Sleeper Berth Exemption 

The CAC does not support TCEQ's proposal to reinstitute the sleeper berth exemption. If adopted in its 

proposed form, this exemption will make enforcement action against extended idling difficult to 

implement and will remove a powerful incentive for installation of idle reduction technology. The only 

way a law enforcement officer could enforce this rule would be to prove that the idling was not for 

government-mandated rest or that it was occurring within two miles of a "facility offering external 

heating or conditioning." Between truck stop infrastructure and installation of alternate power units, 

the CAC believes that there are reasonable alternatives to unrestricted idling during governmentmandated rest periods. 

Given the hurdles to effective enforcement that this change would raise, jurisdictions that have already 

agreed to enforce this rule may be unable to justify continuing the program, and other jurisdictions will 

likely be discouraged from entering into MOAs as well. This includes the members ofthe CAC, all of 

whom are currently enforcing the rule. 

The sleeper berth exemption as proposed has no limits associated with it (except within two miles of a 

facility equipped with heating or conditioning). This removes any regulatory incentive to install idling 

emission reduction technology or to avoid idling when other options are available. 

The legislature decided in 2007 to allow the exemption to expire in 2009. The lack of legislative action. 

on the issue in 2009 provided ample time for the regulated community to take advantage of technology 

that would have reduced or eliminated emissions associated with idling. This included applying for 

available TERP funding. The regulated community's failure to take advantage of that window of 

opportunity before the exemption expired should not now be grounds for extending the exemption 

permanently. We are concerned that putting this exemption in place now, with no expiration date, will 

discourage adoption of idle reduction technology. 

The Coalition does nofbelieve that reinstituting this exemption is consistent with the clear legislatiye 

intent to allow the exemption to expire. Since the legislature took no action to extend this exemption 

when it last convened in 2009, the· Coalition sees no indication that it wanted TCEQ unilaterally, to 

restore lt. 

Since jurisdictions that have already agreed to enforce this rule will be significantly limited in enforcing 

it, the rule's effectiveness will be reduced. Therefore, the CAC disagrees with TCEQ's contention that this 

action will not interfere with attainment or reasonable further progress of the NMQS. The Dallas-Fort 

Worth area is not currently attaining the 1997 eight-hour ozone standard, and the Austin area has only 

recently monitored attainment of the 2008 ozone standard-partly due to emission reduction measures 

such as the locally enforced idling restrictions. 

Previous studies of heavy~duty idling have found that extended idling during rest periods is the heavyduty idling activity that causes the most pollution. This spring, the Capital Area Council of Governments 

will be conducting a local study of emissions from idling at truck stops that will be able to provide a 

2 
Central Texas Clean Air Coalition's Comments on TCEQ's Heavy Duty Diesel Vehicle Idling Rule Proposal 

(Rule Project No. 2009-{)54-114-EN), February 25, 2011 

more detailed picture of exactly how much extended idling is occurring at truck stops in the region and 

to what extent idle reduction technology is being used. Since the study will be conducted prior to the 

beginning of the ozone season-and therefore, enforcement of the current rule-it should provide a much 

clearer picture to what extent this type of activity is occurring. The most recent study was conducted in 

2004, and without any mcire up-to-date information, there is no reason to think that the emissions from 

idling are any less than they were when this rule was approved by EPA as part of the SIP. 

If, despite the CAC:s objections, TCEQ does reinstate the sleeper berth exemption, the Coalition urges 

the TCEQ to include one or more of the limits suggested in the summary above. 

Residential, School Zone, Hospital Zone Idling Prohibition 

The CAC strongly believes that there should be no heavy-duty idling allowed for any duration in any 

residential area, near any school, -or near any hospital. The legislature set the expiration date for both 

the sleeper berth exemption and the prohibition on idling in residential a"reas, near school zones, and 

near hospital zones as the same date. The effect of these simultaneous expiration dates was that after 

September 1, 2009, all areas in the jurisdictions that signed MOAs would be subject to the five-minute 

idle restriction. 

While it may makes sense for TCEQ to remove regulations that have expired, when considered in 

conjunction with TCEQ's proposal to allow for unrestricted idling during government-mandated rest 

periods, the net effect of this rule proposal would be to allow a truck to idle indefinitely next to a school 

building or park, while children are exposed to the fumes. There would be no recourse for law 

enforcement officers. 

If the TCEQdecides to reinstate a sleeper berth exemption, the Coalition requests that the TCEQstrlke 

the expiration date of September 1, 2009, from §114.512(b), while leaving the prohibition intact. This 

will at least enable local jurisdictions to protect residential areas, school zones, and hospital zones from 

emissions from idling. 

Contradictions in Stated Reasons for Changes to Exemptions 

The CAC does not concur with TCEQ's stated reasoning for proposing to eliminate the prohibition in 

§114.512(b) while proposing to eliminate the September 1, 2009, expiration date in §114.517(12). If this 

rule proposal would implement the legislature's intent to end the explicit prohibition on residential, 

school zone, and hospital zone idling to expire on September 1, 2009, then it would be acting in 

contradiction to the legislature's intent to also eliminate the expiration date for sleeper-berth idling. 

The Texas Health and Safety Code currently contains no explicit reference to heavy-duty idling 

restrictions. TCEQ already is relying on its more general powers under the Texas Clean Air Act for the· 

heavy-duty idling rule. The only specific references to statutory authority in the rule proposal beyond 

TCEQ's general authority to adopt rules mentioned in this proposal are the following: 

• Sec. 382.012. STATE AIR CONTROL PLAN. The commission shall prepare and develop a general, 

comprehensive plan for the proper control of the state's air; and 

• Sec. 382.019. METHODS USED TO CONTROL AND REDUCE EMISSIONS FROM LAND VEHICLES. 

(a) Except as provided by Section 382.202U), or another provision ofthis chapter, the commission 

by rule may provide requirements concerning the particular method to be used to control and 

reduce emissions from engines used to propel land vehicles. 

3 
central Texas Clean Air Coalition's Comments on TCEQ's Heavy Duty Diesel Vehicle Idling Rule Proposal 

(Rule Project No. 2009-054-114-EN), February 25,2011 

(b) The commission may not require, as a condition precedent to the initial sale of a vehicle or 

vehicular equipment, the inspection, certification, or other approval of any feature or equipment 

designed to control emissions from motor vehicles ifthat feature or equipment has been certified, 

approved, or otherwise authorized under federal law. 

(c) The commission or any other state agency may not adopt a rule requiring the use of Stage II 

vapor recovery systems that control motor vehicle refueling emissions at a gasoline dispensing 

facility in this state until the United States Environmental Protection Agency determines that the use 

of the system is required for compliance with the federal Clean Air Act (42 U.S.C. 7401 et seq.), 

except the commission may adopt rules requiring such vapor recovery systems installed in 

nonattainment areas if it can be demonstrated to be necessary for the attainment of federal ozone 

ambient air quality standards or, following appropriate-health-studies. and in consultation with,the. 

Texas Department of Health, it is determined to be necessary for the protection of public health. 

The CAC believes that since TCEQ is not currently relying on specific and current statutory authorization 

or limitations as the basis for this action, and indeed, since none exist, the TCEQshould focus on making 

modifications to the rule that will improve its effectiveness at reducing emissions from idling. 

Regulatory Fine Amounts 

Maintaining the residential/school zone/hospital zone restriction, with the specific fine stated in the 

regulation, would also allow counties to enforce the rule without resorting to enforcement of the 

offense as a Class B felony under the Water Code, which makes current enforcement of the rule In 

unincorporated areas impractical. The CAC asks that §114.512(a) also be amended to add the following 

language: "An offense under this subsection shall be punishable by a fine not to exceed $500." This 

change will eliminate a major obstacle to effective implementation of this rule in unincorporated areas. 

The CAC asks that the commissioners consider allowing county enforcement cases to be treated the 

same way they would be if they were enforced by TCEQ personnel. 

TERP Funding Eligibility 

The CAC requests that TCEQ clarify in the preamble to the rule that a jurisdiction's MOA with the TCEQ 

to implement heavy-duty diesel vehicle idling restrictions does not make businesses within the 

jurisdiction ineligible for TERP funding for idle reduction technology projects. To date, the executive 

director's interpretation of eligibility restrictions for Diesel Emissions Reduction Incentive Program 

funding In Texas Health and Safety Code Section 386.102(c) has made areas like Austin and Dallas-Fort 

Worth ineligible for funding for idle emission-reduction projects because the emission reductions from 

such projects are required anyway under the MOA. 

The CAC disagrees with the executive director's interpretation of the statute and requests that the 

commissioners use the opportunity of this rule change to clarify their interpretation of this restriction. 

THSC §386.102(c) reads: "a project listed in Subsection (b) is not eligible if it is required by any state or 

federal law, rule or regulation, memorandum of agreement, or other legally binding document. This 

subsection does not apply to: ... (2) the purchase of an on-road diesel or equipment required only by local 

law or regulation or by corporate or oontrolling board policy of a public or private entity." Meanwhile, 

§386.108(b)(2) and (3) specifically authorize TERP funding for these types of infrastructure projects in 

TERP-eligible jurisdictions. 

4 
Central Texas Clean Air Coalition's Comments on TCEQ's Heavy Duty Diesel Vehicle Idling Rule Proposal 

(Rule Project No. 2009-054-114-EN), February 25, 2011 

TCEQ staff have interpreted this language to mean that an otherwise eligible idle-reduction 

infrastructure project, such as auxiliary power unit installation or electrification of truck stops, would 

not be eligible in a jurisdiction that has signed an MOA under Chapter 114, Subchapter J, Division 2, 

since the MOA would mean that those projects would be "required" by virtue of the MOA. This would 

mean that if a jurisdiction agreed to enforce idling restrictions, it gives up any business's eligibility to 

receive funding to install idle emission reduction technology. 

Nothing in the MOAs specifically requires installation of any specific equipment whatsoever. Moreover, 

the rule is only applicable in areas that voluntarily opt into the program, and all enforcement is carried 

out locally. As the rule proposal specifically states in its draft regulatory impact analysis determination, 

"participation in the idling program is voluntary" (page 13 of the rule proposal). If the rule is only 

effective by virtue of local government action, and the specific projects are not required, the 

commissioners should clarify that entering into an MOA under this program· Will not jeopardize the . 

eligibility of local businesses for this funding assistance. 

If, however, the commissioners agree with the executive director's previous interpretation, they should 

clearly state so in the rule preamble and in the TERP funding eligibility guidelines so that jurisdictions 

can be able to evaluate the tradeoff. If the commission agrees with the executive director's 

interpretation and adopts the proposed exemption for sleeper-berth idling, it should then also clarify 

that, by virtue of this exemption, jurisdictions that have entered into MOAs to enforce the rule will now 

be eligible for such funding. 

The Coalition suggests the following change to the proposal to clarify the issue of TERP funding: 

Insert a sentence at the end of §114.511, stating "A jurisdiction's signature of a Memorandum of 

Agreement does not make an otherwise eligible diesel emission reduction incentive program 

infrastructure project under §386.108(b)(2) and (3) ineligible for funding underTexas Health and Safety 

Code, Chapter 386." 

Effective Date of Rule Change 

In order to eliminate any disruption to implementation of the existing rule in this ozone season, the CAC 

asks that TCEQ make the effective date of any rule change the end of the current ozone season. 

Changing the rule in the midst of the ozone season would be confusing and counter-productive. 

5 
From: 

To: 

Date: 

Subject: 

<kaysingstu@aol.com> 

<kaysingstu@aot.com> 

3/tt/20tt 9:30PM 

2009-054-tt4-EN 

03/tt/20tt 09:34PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Harold D. 

Last Name: Peetoom 

Company/Organization: Cargill Meat Logistics Solutions 

E-mail Address: kaysingstu@aol.com 

Street Address: 3t00 Fleetwood Dr., Apt. B-7 

City: Amarillo 

State: TX 

Zip Code: 79t 09 

Phone Number: 76()-964-0450 

Fax Number: 

Rule: 2009-054-tt4-EN 

Comments: 

W-27 

During times of extreme cold and extreme hot weather which we do have in Texas it is essential for drivers to idle while using the 

heating or air conditioning systems in their trucks. To prohibit this is to inhibit the rest required by the government-mandated rest 

period and further lead to fatigue which can endanger the lives of the driver and others on the road. Most drivers cannot afford to 

rent a motel to stay in for the time required so they must sleep in their trucks and should be allowed the same level of comfort that 

other workers can have in their homes. 
Kathe Boothby - Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 9:48 AM 

Subject: Fwd: 2009-054-114-EN 

>>> TRRules 3/10/2011 9:47AM >>> 

>>> <wheresalan@gmail.com> 3/9/2011 3:41PM>>> 

03/09/2011 03:41 PM 

Page 1 of 1 

W-28 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: alan 

Last Name: Estes 

Company/Organization: celanon 

E-mail Address: wheresalan@gmail.com 

Street Address: 610fm2378 

City: lubbock 

State: tx 

Zip Code: 79407 

Phone Number: 8067771093 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

You take away safe prkn,But you iNforce 14 hour rue 

fi1e://C:\WINDOWS\Temp\XPgrpwise\4D789E64TNRDOM20EPAAP010016E7479168... 3/10/2011 
Page 1 of 1 

Kathe Boothby - Fwd: 2009-054-114-EN 

From: Joyce Spencer 

To: Boothby, Kathe 

Date: 3/10/2011 9:34 AM 

Subject: Fwd: 2009-054-114-EN 

----------------------------------------------------------

>>> TRRules 3/10/2011 9:26AM>>> 

>>> <wheresalan@gmail.com> 3/9/2011 2:45PM >>> 

03/09/2011 02:45 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: alan 

Last Name: Estes 

Company/Organization: celanon 

E-mail Address: wheresalan@gmail.com 

Street Address: 610fm2378 

City: lubbock 

State: tx 

Zip Code: 79407 

Phone Number: 8067771093 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

You take away safe prkn,But you iNforce 14 hour rue 

fi1e://C:\ WINDOWS\Temp\XPgrpwise\4D789BOFTNRDOM20EP AAP01 0016E7479168... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 9:35 AM 

Subject: Fwd: 2009-054-114-EN 

>>> TRRules 3/10/2011 9:32AM >>> 

> > > <discipletrucking@yahoo.com> 3/9/2011 3:02 PM > > > 

03/09/2011 03:02PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: charles 

Last Name: slusser 

Company/Organization: charlie slusser's hauling service 

E-mail Address: discipletrucking@yahoo.com 

Street Address: 1387 heimer lange 

City: spring branch 

State: tx 

Zip Code: 78070 

Phone Number: 210-291-8744 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Driver's must be allowed to take their mandated rests in a comfortable environment 

Page 1 of 1 

W-29 

file://C:\ WINDOWS\ Temp\XPgrpwise\4D789B4CTNRDOM20EP AAPO 100 16E74 7916... 3/10/2011 
' 

I. 

! 

I 

I 

I 

I 

I 

I 

I 

I 

i 

----------~F::r-:::DII::-:---;(2::;1~46100;::;;;:~;1:;-34;;;)--------- 03/08/11 02:37 PM 

To: 915122394808 

VONCIEL JONES HILL CO\JNGI':.Pv~I:.Mt?.ER 

O;S7RICT!. 

8 March 201 l 

Michael Parrish 

Office of Legal Services, MC 205 

Texas Commission on Environmental Quality 

P.O. Box 13087 

Austin, Texas 787 I 1-3087 

RE: Rule Project Number 2009-054-l 14-EN 

Dear Mr. Parrish: 

Page 2 of 2 

W-30 

The City of Dallas appreciates the opportunity 10 comment on the Te~tas Commission on 

linvirunrueiual Quality's ["TCEQ"J proposed chtmges to the Rule on Locally F.nforccd Motor Vehicle 

Idling Limitations [''LEMVIL"]. We support changing the time thnt the LEMVl Rule is effective from 

just ozone-season to year-round. Year-round enforcement will improve the air quality for our region, 

protect the health of our citi~.ens, wtd enhance opportunities lor education and compliance. 

Dallas also supports keeping the exemption that allows truck drivers to idle during a governmentmandated rest period if the truck is not within two (2) miles of n fucility offering connections f<>r air 

conditioning and heat. Emerging technologies, such as truck stop electrification devices, arc effective 

tor reducing idling. Dallas hopes to work more closely with the State and Federal governments to 

ensure that more truck stop electrification devices are installed in the Dallas-Fort Worth region. 

Dallas is happy to paru1cr with TCEQ in enforcing the Motor Vehicle Td!ing Rule. 1n May 2007,, the 

Dalla.~ City Council passed an ordinarice prohibiting vehicles from idling ror more than five (5) 

minutes. To date, more than five hundred (500) citations have been issued under the ordinance. 

We look fhrward to our continued involvement in clean air issues acTQSs the region and fumrc 

discussions between Dallas and TCEQ. 

;a;r~;;l 

() 

#t!~iti Chair, Legislative Ad Hoc Committee 

Dallas City Council 

Go~~~ Chair, Transportation and Environment Committee 

Dallas City Council 

Q(:FiCE OF Tr•tl:!: MJ.l'OR AN~ C!T'I COUHCJi... ,;:;~:HALL I ~::1\! /\-!MIL~ S.T ~fN ('..Af..:..AS: ii:!x.::.~ ~e.l::il 

1'EL!;;H10ME 2~ol.l-4:i:"•;.;;:>':":" f:;.); 2':~-~::-Q:t~li;'t 

-----~~·-.................. . ~t-out: 214-678 ....... 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 9:34AM 

Subject: Fwd: 2009-054-114-EN 

Page I of I 

W-31 

---------------------------------------- -~---

>>> TRRules 3/10/2011 9:27AM>>> 

>>> <johncliff10@yahoo.com> 3/9/2011 2:51PM>>> 

03/09/2011 02:51 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: John w 

Last Name: Clifford 

Company/Organization: Owner operator trucker 

E-mail Address: johncliff10@yahoo.com 

Street Address: 3513 Stonecreek Way 

City: FORT WORTH 

State: Tx 

Zip Code: 76135 

Phone Number: 972 679 6399 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

I wish to support lifting tihe ban on idleing while on a rest period. It is very hard to get quality sleep in a box 

tihat is well over 100 in the summer mountihs in Texas. As I'm sure you are aware with the price of fuel at 3.85+ 

per gallon I don't want to idle any more than I absolutly have to but in some cases it's just do what we have to 

do. Please consider what it would be like if you were asked to turn tihe ac off in your home in August at bed 

time. Nobody wants to polute the atmosphere but there are times we can't help it. There are alot of other things 

tihat could be done to help without jeperdizing health and safty. Please help us to make our job as truckers 

easier,safer,and just a little more comfortable. Thank you for your help on this matter. 

file://C:\WINDOWS\Temp\XPgrpwise\4D789B25TNRDOM20EPAAP010016E7479168 ... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 10:25 AM 

Subject: Fwd: 2009-054-114-EN 

Page I of I 

W-32 

------------------------------------

>>> TRRules 3/10/201110:03 AM>>> 

>>> <steve@creeksidenursery.com> 3/10/201110:08 AM>>> 

03/10/201110:08 AM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: steve 

Last Name: buzek 

Company/Organization: creeksidenursery 

E-mail Address: steve@creeksidenursery.com 

Street Address: 18729 fm 1887 

City: hempstead 

State: tx 

Zip Code: 77445 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

exempt large trucks "when idling for heating or air conditioning while a driver is using the vehicle's sleeper berth 

for a government-mandated rest period and not within two miles of a facility offering external 

file://C:\ WINDOWS\Temp\XPgrpwise\4D78A 701 TNRDOM20EP AAPOI 0016E7479168... 3/10/2011 
From: 

To: 

Date: 

Subject: 

<minst65@aol.com> 

<minst65@aol.com> 

3/13/2011 11:39 PM 

2011-006-1 01-EN 

03/13/2011 11 :43 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: steve 

Last Name: mings 

Company/Organization: crete carrier 

E-mail Address: minst65@aol.com 

Street Address: 2272 greenwood rd 

City: decatur 

State: te 

Zip Code: 76234 

Phone Number: 940-206-3186 

Fax Number: 

Rule: 2011-006-101-EN 

Comments: 

W-33 

i have the hvac in the heat of the summer 100 degress plus the hvac is only good for 6 hours then i have to idle to charge the 

battery thats why we need in some cases to idle the truck 
From: 

To: 

Date: 

Subject: 

<casemillerBB@gmail.com> 

<casemillerBB@gmail.com> 

3/11/20111:53 PM 

2009-054-114-EN 

03/11/2011 02:00 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Charles 

Last Name: Miller 

Company/Organization: CRST 

E-mail Address: casemiller88@gmail.com 

Street Address: 313 leisurewoods dr. 

City: Buda 

State: TX 

Zip Code: 78610 

Phone Number: 5124422 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

W-34 

Theie is only a 10% area of comfort for the driver ,when allowed to IDLE a tractor for sleeping and rest ,compared to a 15 hour on 

duty average work day! Add to that complete disregard for proper rest and driver amenities such as rest-rooms ,cleanliness, and 

proper nutrition which is related to tractors ability to provide power for all these services. The lack of disregard by shippers and 

receivers is directly proportional to the cities regard for proper fueling ,drivers hours ,nutrition and proper rest. 

I am very against idling in good weather ,however when proper rest and nutrition are a factor, aided by complete disregard by a city 

for proper facilities to a driver with a 15 hour work day. Then I am strongly against there apparent disregard for rules of the road that 

I am over1y taxed for at a rate of over 70% of my earned dollar. 

I am sorry you do not realize how serious this grievance is totally disregarded by those that do nothing yet find new ways to steal 

through a buerocratic uncaring mint-government. 

This is a complete defense of my privilege to conduct a lawful business and earn a decent wage, allow me to at least defend my 

families well being, without a clear1y un-lawful attack on privacy. 

Regards 

A non-drinking driver for over 20 years. 
Kathe Boothby - Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

SUbject: 

Joyce Spencer 

Booth by, Kathe 

3/10/2011 9:49 AM 

Fwd: 2009-054-114-EN 

>>> TRRules 3/10/2011 9:48AM >>> 

>>> <CharlesiR@aol.com> 3/9/2011 3:52PM>>> 

03/09/2011 03:52 PM 

Page 1 of 1 

W-35 

This email is a confinmation of the comment that was submitted for the referenced rulemaking. 

First Name: Charles 

last Name: Russell 

Company/Organization: C-T Trucking 

E-mail Address: CharlesiR@aol.com 

Street Address: 717 Narcuissus 

City: Clear Lake Shor 

State: Tx 

Zip Code: 77565 

Phone Number: 281-334-2696 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Dear Legislators 

Since the demise of Idle Aire and the increase in fuel prices eating up most of the revinue on board power units 

have become cost prohibitive unless states give funds to owners to purchase these it is imperitive that drivers 

be allowed to continue to allow to idle trucks to provide heat and AC. Drivers who have torest in a hot truck are 

unable to sleep and present a dire safety hazard. 

Charles Russell 

Owner operator 

file://C:\WINDOWS\Temp\XPgrpwise\4D789EAOTNRDOM20EPAAP010016E7479168 ... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 9:36 AM 

Fwd: 2009-054-114-EN 

>>> TRRules 3/10/20119:33 AM>>> 

>>> <moonlightbear47@yahoo.com> 3/9/2011 3:17PM>>> 

03/09/2011 03:17 PM 

W-36 

This email is a confinnation of the comment that was submitted for the referenced rulemaking. 

First Name: Patricia 

Last Name: Cullen 

Company /Organization: Owner Operator Cullen Trucking 

E-mail Address: moonlightbear47@yahoo.com 

Street Address: PO BOX 2664 

City: Keller 

State: TX 

Zip Code: 76244 

Phone Number: 817-741-1865 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Page 1 of 1 

I am an owner operator and require a 10hr break and it is in our best interest to be able to have NC during the 

summertime and heat during winter. I pay the high cost of fuel to operate my truck, therefore I should be able 

to sleep comfortable. I cannot afford an apu to go on the side of my truck. No one will finance. I feel you guys 

need to quit picking on the trucking industry and let us do our jobs. Leave the mexican trucks across the 

boarder. Without trucks where would your clothing, food, and commodities come from? The rialroad road 

system which cannot pull up to a dock and offload. Again I say leave the turck drivers alone 

fi1e://C:\WINDOWS\Temp\XPgrpwise\4D789B9ETNRDOM20EPAAP010016E7479168 ... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: Joyce Spencer 

To: Boothby, Kathe 

Date: 3/8/2011 3:52 PM 

Subject: Fwd: 2009-054-114-EN 

>>> TRRules 3/8/2011 3:51PM>>> 

>>> <ebriles@dart.net> 3/8/20111:58 PM >>> 

03/08/2011 01:58 PM 

Page 1 of 1 

W-37 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Elaine 

Last Name: Briles 

Company/Organization: Dart Transit 

E-mail Address: ebriles@dart.net 

Street Address: 2820 Danieldale Rd. 

City: Lancaster 

State: TX 

Zip Code: 75134 

Phone Number: 972 274 8798 

Fax Number: 972 228 7798 

Rule: 2009-054-114-EN 

Comments: 

I am the director of Safety and Recruiting for Dart Transit, a trucking company in Lancaster, TX. We are a 48 

state carrier and we pick up and deliver approximately 12,000 loads a month in Texas. I am voicing Dart's 

support for the proposed rulemaking- rule project 2009-054-114-EN. Along with the rest of the trucking 

industry we would prefer our drivers not idle- it causes wear and tear on the engine and with fuel well over $ 

3.50 a gallon it increases operational costs. Unfortunately facilities offering in cab services are not readily 

available in Texas - there are currently fewer than 10 sites - and auxiliary units to heat and cool the truck cab 

can cost between $ 1,500 to $ 10,000 depending on the capabilities. However there are certain circumstances 

when a driver has to idle to meet the mandated rest requirements of the Federal Motor Carrier Administration. 

As a trucking executive who is responsible for the safety of the Dart Transit fleet I and Dart Transit support 

providing our drivers with a way to get restorative sleep in a temperature controlled environment in the extreme 

heat and cold we have here in Texas. With the hot season approaching, it would be helpful if the agency could 

finalize this proposed rule as soon as possible. 

file://C:\ WINDOWS\ Temp\XPgrpwise\4D7650D7TNRDOM20EP AAPO 100 16E7479167 ... 3/9/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 10:15 AM 

Fwd: 2009-054-114-EN 

>>> TRRules 3/10/2011 9:50AM>>> 

>>> <hogtrux@gmail.com> 3/9/2011 3:58PM>>> 

03/09/2011 03:58 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Steve 

Last Name: Davenport 

Company/Organization: 

E-mail Address: hogtrux@gmail.com 

Street Address: 1330 Blue Jay Drive 

City: Lewisville 

State: TX 

Zip Code: 75077 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Page 1 of 1 

W-38 

I believe that drivers need to make their own decisions on the issue of idling. Drivers are aware of when they 

need to use air-conditioning and heating for rest periods and sleep. The weather in Texas can be extreme. 

file://C:\WINDOWS\Temp\XPgrpwise\4D78A4B8TNRDOM20EPAAP010016E747916... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 10:15 AM 

Fwd: 2009-054-114-EN 

>>> TRRules 3/10/2011 9:50AM>>> 

>>> <mesquitespanky@yahoo.com> 3/9/2011 4:05PM>>> 

03/09/2011 04:05 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Melton 

Last Name: Seay 

Company/Organization: Dist-Tech 

E-mail Address: mesquitespanky@yahoo.com 

Street Address: 4716 Kyle Drive 

City: Balch Springs 

State: Tx 

Zip Code: 75180 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Page 1 of 1 

W-39 

It is to hot to sleep in a truck in 100 degree weather.Maybe some the law makers should go home and turn 

their air off and try to sleep in those conditions.Aiways worried about safety,hard to get rest in a blazing hot 

truck which means your not resting properly and then thats when the accidents start,do you really want 

that, what is it about the driver that moves 97percent of the goods of america always being the one to get 

punished.! pay just as much taxes as the next guyThank you Melton Seay 

file ://C:\ WINDOWS\ Temp\XPgrpwise\4D78A4C81NRDOM20EP AAPO 100 16E747916... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 10:21 AM 

Subject: Fwd: 2009-054-114-EN 

Page I of I 

W-40 

--------------------------

>>> TRRules 3/10/2011 9:55AM >>> 

>>> <lori.dockery@att.net> 3/9/2011 8:00PM>>> 

03/09/2011 07:59 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: james 

Last Name: dockery 

Company/Organization: 

E-mail Address: lori.dockery@att.net 

Street Address: 12412 millridge pines ct. 

City: houston 

State: tx 

Zip Code: 77070 

Phone Number: 281-923-3105 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

I would like my comment to the board concerning the idling rule revision.as you all know it gets very hot here in 

texas outside temps. when it reaches the extreme temperatures the cab of the vehicle is unbearable to rest in 

without running the air conditiong unit on the truck.also is the same with extreme cold weather.i would request 

that the idling exemption be extentend to run the truck engine to maintain the heater and the air conditiong 

unit during the federal mandated rest breaks for the proper rest and safety of the truck 

driver. 

thank you. james dockery 

file://C:\ WINDOWS\ Temp\XPgrpwise\4D78A63ETNRDOM20EP AAPOl 0016E74 79168... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

SUbject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 2:10PM 

Fwd: 2009-054-114-EN 

>>> TRRules 3/10/20111:18 PM >>> 

>>> <mary74021@gmail.com> 3/10/201110:46 AM>>> 

03/10/2011 10:46 AM 

Page 1 of 1 

W-41 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Mary 

Last Name: Dorsey 

Company/Organization: Dorsey Trans 

E-mail Address: mary74021@gmail.com 

Street Address: 584 County Road 4004 

City: Decatur 

State: 1X 

Zip Code: 76234-5610 

Phone Number: 940-627-5344 

Fax Number: 817-550-8843 

Rule: 2009-054-114-EN 

Comments: 

It is in human to not allow drivers to run their engines while sleeping in their trucks. It is a giant metal box. 

Look how many people die in closed vehicles per year. Drivers sustain our massiVe consumerism. It gets so 

extremely hot/cold inside the cab. It is much safer for a driver to get a good nights rest then one where he/she 

constantly wakes up because they're too hot or cold. Please vote in favor of the idling revision. 

fi1e://C:\WINDOWS\Ternp\XPgrpwise\4D78DBF3lNRDOM20EPAAP010016E747916... 3/10/2011 
From: 

To: 

Date: 

Subject: 

Attachments: 

<diane@elfarmer.com> 

<diane@elfarmer.com> 

3/11/2011 4:41PM 

2009-054-114-EN 

Idling letter 2009-054-114-EN Motor Vehicle ldling.doc 

03/11/2011 04:45PM 

This email is a confinnation of the comment that was submitted for the referenced rulemaking. 

First Name: Diane 

last Name: Connolly 

Company/Organization: E. L Farmer & Company 

E-mail Address: diane@elfarmer.com 

Street Address: 3800 E 42nd St.. Ste 417 

City: Odessa 

State: TX 

Zip Code: 79762 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Please see the attached letter regarding Idling in Texas. 

Thank you 

Diane Connolly 

E. L Fanner & Company 

W-42 
3800 

Odessa. 

E 4rd 

TX 

St. 

79762-.5928 

Ste 417 

IE.L . .=-....... 

~ E!!!!P 

March II, 2011 

Texas Register Team - MC 205 

General Law Division 

Office of Legal Services 

TCEQ 

P.O. Box 13087 

Austin, TX 78711-3087 

Dear Texas Register Team: 

and company 

432-366-2010 

800-592-4753 

I am writing to voice our support for the proposed rulemaking regarding Motor Vehicle Idling. 

We feel that trucks should not unnecessarily idle as it wastes fuel and with fuel being over $3.50 

per gallon the cost can be enormous. Since fuel is the largest expense associated with truck 

operations, this creates an enormous impact on the bottom line of every company. 

Idling over time will increase the wear and tear of any vehicle engine and will invariably shorten 

the life of the engine, which again impacts the bottom line. 

It makes sense that a temperature controlled rest is the most proactive means to fight drowsiness, 

as all of our families drive the same roads as trucks, it is to everyone's best interest to have 

drivers well rested. 

Thank you for the opportunity to comment and for considering these views as the fmal rule is 

developed on Idling in Texas. 

Sincerely, 

Diane Connolly 

Compliance Officer 
@:. EXCARGO SERVICES 

March 9, 2011 

Mr. Michael Parrish 

MC 205, Office of Legal Services 

Texas Commission on Environmental Quality 

P.O. Box 13087 

Austin, Texas 78711-3087 

RE: Proposed Amendments regarding Motor Vehicle Idling 

Dear Mr. Parrish 

W-43 

As the Vice President and General Manager ofExcargo Services I would like to offer my comments on the 

above subject. 

Excargo Services is a Texas based transportation and logistics company. All of our 70+ drivers are owner 

operators, independent businessmen, who are all keenly aware of how rapidly rising fuel costs impact their 

bottom line and the living that they earn: for their families. Rest assured that in today' s economic environment, 

none of our drivers choose to engage in unnecessary idling of their trucks. 

That being said, even though our drivers are all independent businessmen, first and foremost they are 

professional motor carrier operators. As such they adhere to stringent Federal regulations governing how many 

hours they can operate their vehicle and how many hours of rest they must obtain while driving. Often they 

take their rest period in the sleeper berth of their truck. Imagine trying to get some quality rest anywhere in 

Texas in the middle of the summer inside a vehicle without air conditioning. For these drivers, there is a need 

for an exemption to the rules banning idling. 

As a Company, we are committed to conservation and reducing emissions. But first and foremost we are 

committed to safety. We believe that allowing drivers to idle their vehicles to maintain climate control during 

their mandated rest periods is an absolute requirement to ensure that the drivers get quality rest allowing them to 

operate safely. 

Thank you for your time in hearing my position. 

·~~ 

. 

u 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 10:22 AM 

Subject: Fwd: 2009-054-114-EN 

>>> TRRules 3/10/2011 9:59AM >>> 

>>> <trinity2010@Iive.com> 3/10/20111:49 AM >>> 

03/10/2011 01:49AM 

W-44 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Heidi 

Last Name: Fenelon 

Company/Organization: 

E-mail Address: trinity2010@live.com 

Street Address: 10510 Six Pines Dr. apt B209 

City: The Woodlands 

State: TX 

Zip Code: 773BO 

Phone Number: 2B12923551 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Page I of I 

In regards to, 2009-054-114-EN, I am against regulating how long semi-trucks can idle. we are all dependant on 

truckers for our daily living, such as, food,clothing,etc. even though I am not a trucker, I firmly believe that 

truckers need our governments support and no more regulations. my goodness, they already have way too 

many regulations to follow for such a hard job. 

I want these truckers to get the rest they need and in order to get this they need to idle as long as they need 

to in order to have air-conditioning or heat while they rest. 

It would be inhumane to regulate a time limit on idling. 

file://C:\ WINDOWS\Temp\XPgrpwise\4D78A680TNRDOM20EP AAPOI 0016E7479168... 3/10/2011 
From: 

To: 

Date: 

Subject: 

<larrymadonia@yahoo.com> 

<larrymadonia@yahoo.com> 

3/1112011 10:00 PM 

2009-054-114-EN 

03/11/201110:07PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: larry 

Last Name: madonia 

Company/Organization: fikes truck line 

E-mail Address: larrymadonia@yahoo.com 

Street Address: 1700 houston street 

City: rosenberg 

State: tx 

Zip Code: 77471 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

W-45 

Concerning the idling laws should not be considered. As for much the equipment is updated and has auxiliary power units for hotel 

loads as for other sytems do not exist for industries so most trucks and equipment are. Self contained. And 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Joyce Spencer 

Boothby, Kathe 

3/10/201110:22 AM 

Subject: Fwd: 2009-0S4-114-EN 

>>> TRRules 3/10/20119:S7 AM>>> 

>>> <r.kristapher@yahoo.com> 3/9/2011 8:38PM >>> 

03/09/2011 08:38 PM 

Page 1 of 1 

W-46 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Peggy 

Last Name: Kristapher 

Company/Organization: Fremont Contracr Carriers 

E-mail Address: r.kristapher@yahoo.com 

Street Address: 8SSO Lakewood drive 

City: Brownwood 

State: Tx 

Zip Code: 76801 

Phone Number: 402-61S-3446 . 

Fax Number: 

Rule: 2009-0S4-114-EN 

Comments: 

The idling laws that keep trucks from iding are stupid. It has nothing to do with the emmisions. We have done 

everything to meet the standards. Not allowing us to idle not onlt keeps us from resting it keeps us from a life!! 

We give up ALOT in order to do our jobs. It is actually a way of life NOT a job. And if we don't do our jobs then 

you have no groceries, no gas ,no homes, no cars no anything. You would be cold, hungry, naked, homeless, 

thirsty, and destitute. Our trucks put out alot less pollution than any of your industrial factories. Get clue. Go 

ride with a driver for 1 week then you might have an idea what it's all about. Untill then I don't think you have 

any right to pass ANY laws regarding the trucking industry. 

file://C:\WINDOWS\Temp\XPgrpwise\4D78A650TNRDOM20EPAAP010016E7479168 ... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: Joyce Spencer 

To: Boothby, Kathe 

Date: 3/10/2011 10:22 AM 

Subject: Fwd: 2009-054-114-EN 

>>> TRRules 3/10/2011 9:57AM >>> 

>>> <edgallett@myway.com> 3/9/2011 8:54PM >>> 

03/09/2011 08:54 PM 

Page I of I 

W-47 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: edward 

Last Name: gallett 

Company/Organization: 

E-mail Address: edgallett@myway.com 

Street Address: 1008 w florence 

City: denison 

State: tx 

Zip Code: 75020 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

sirs;In the interest of safety we need to idle during our mandated rest period. have you ever tried to sleep in 

temperatures over 80 degrees?have you tried to sleep in temperatures less than 45 degrees? Try to put 

yourselves in our shoes for a change,dont ask us to do something you wont do. We need to be rested to perform 

in a safe manner.have you considered some of us cant afford alternative ways to stay at a safe temperature.As 

an owner operator it is very expensive to idle and I only idle when temps get to high or to low .Some of us even 

have pets on board for security purposes, what about them?what about our spouses that ride with us what 

about their safety.Remember if a tired trucker gets out here and kills someone because of the ideling laws a 

good lawyer will have a field day with the deepest pockets. Thank YOU;Ed Gallett Denison 1X Small 

Business Owner 

file://C:\wrNDOWS\Temp\XPgrpwise\4D78A659TNRDOM20EPAAP010016E7479168 ... 3/10/2011 
Page I of I 

Kathe Boothby- Fwd: 2009-054-114-EN 

From: Joyce Spencer 

To: Boothby, Kathe 

Date: 3/9/2011 1:24 PM W-48 

Subject: Fwd: 2009-054-114-EN 

-----···----·--·-·---------------

>>> TRRules 3/9/20111:22 PM>>> 

>>> <jim@gandysoilfieldservice.com> 3/9/2011 11:35 AM>>> 

03/09/2011 11:35 AM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Jim 

Last Name: Gandy 

Company/Organization: Gandy & Son's Inc. 

E-mail Address: jim@gandysoilfieldservice.com 

Street Address: 1030 CR 137 

City: Ledbetter 

State: 1X 

Zip Code: 78946 

Phone Number: 979-278-3110 

Fax Number: 979-278-3170 

Rule: 2009-054-114-EN 

Comments: 

After 8 hrs of driving you want the truck driver to stop and sleep. In order to do that, on a hot or cold day, the 

truck driver leaves his truck idling so the sleeper is cool or warm, so they can get some sleep. Many times a 

truck driver is in a location where there is no alternative but to sleep in his/her sleeper. The laws are getting to 

be more ludicres than ever. 

file://C:\WINDOWS\Temp\XPgrpwise\4D777F9CTNRDOM20EPAAPOI0016E74791682 ... 3/9/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Joyce Spencer 

Boothby, Kathe 

3/10/201110:22 AM 

Subject: Fwd: 2009-054-114-EN 

>>> TRRules 3/10/20119:58 AM>>> 

>>> <g61853@aol.com> 3/9/2011 9:38 PM >>> 

03/09/2011 09:38 PM 

W-49 

This email is a confinmation of the comment that was submitted for the referenced rulemaking. 

First Name: Glenn 

Last Name: Broussard 

Company/Organization: Glenn Broussard Trucking 

E-mail Address: g61853@aol.com 

Street Address: 3012 Ave. L 

City: Nederland 

State: TX 

Zip Code: 77627 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Page I of I 

I have a 2008 engine that is compliant with all the rules. I feel that it is foolish to say that we can't idle for heat 

or air conditioning.How can a driver sleep in 100 degree heat. The safety factor should be the most important 

consideration. 

file://C:\ WINDOWS\Ternp\XPgrpwise\4D78A66ETNRDOM20EP AAPOI 0016£7479168... 3/10/2011 
f(3111720 11 ) . Kathe Boothby - ic)()g:()54~114:-EN~- --~- -· ··-·---·---------- ·----·--·----------·- ------------·---···--] Page 1· ·~·-"--J..,o.>''""e'•=' "-''""'n'"'"M' -~ •--~~~'-"--'=•'~••••'•,•"""'"-'=~-' '' "'"'·"·'-'-''~•- ·' "'"~' 

From: 

To: 

Date: 

Subject: 

<kmadmoney7@yahoo.com> 

<kmadmoney7@yahoo.com> 

3/10/2011 7:31PM 

2009-054-114-EN 

03/10/2011 07:39PM 

--~-·~""'-·'-·' -'--~·:ctxc .• ·-·~"'"'·"-'-- -'•--'-'---·~-----'-·--------- --------~-------~"-'~~· -~~..:.....:J 

W-50 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: kenneth 

Last Name: murphey 

Company/Organization: Guy M. Turner 

E-mail Address: kmadmoney7@yahoo.com 

Street Address: 61771eon lane 

City: pace 

State: FL 

Zip Code: 32571 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

If you want to pass a anti-idling law just for revenue you need to think again. The DOT wants truckdrivers to drive safer and be 

more aware of there surroundings ,then we need to be comfortable when we are on our 10 hour breaks. When it's 110 degrees 

outside you try sleeping in a metal box with little airflow. Not everybody can afford to get a motel room everynight when they shut 

down. 

Since the fuel prices keep going up and the freight rates keep going down ,the cost of doing business is getting expensive. Thanks 

for listening and please use some common sense not book sense when voting ,thanks again. 
Page I of I 

Kathe Boothby- Fwd: 2009-054-114-EN 

From: Joyce Spencer 

To: Boothby, Kathe 

Date: 3/10/2011 10:19 AM W-51 

Subject: Fwd: 2009-054-114-EN 

---------- -----------------

>>> TRRules 3/10/2011 9:52AM >>> 

>>> <ojhagen@aol.com> 3/9/2011 4:18PM>>> 

03/09/2011 04:18PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Wayne 

Last Name: Hagen 

Company/Organization: H & H Logistical Services 

E-mail Address: ojhagen@aol.com 

Street Address: 104 Sunset Cove 

City: Trinidad 

State: TX 

Zip Code: 75163 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

The ruling to restrict vehicle idling is totally unconstitutional. Rule makers should consider the fact that 

everything except the air they breathe is brought to them via a truck. Drivers spend unbelievable amounts of 

time in the their trucks to make that happen. Why should they not be able to be comfortable while having to sit 

and wait in their truck, being at a delivery or at a rest stop. Many of them practically live in their trucks and 

should be able to idle in order to have heat or air conditioning to be comfortable for sleeping or resting. Please 

consider how you would feel if you were the one having to live in that truck. 

file://C:\WINDOWS\Temp\XPgrpwise\4D78A59A TNRDOM20EP AAPO I 0016£747916... 3/10/2011 
From: 

To: 

Date: 

Subject: 

<dlhamilton1 OO@yahoo.com> 

<dlhamilton1 OO@yahoo.com> 

3/11/2011 4:08 PM 

2009-054-114-EN 

03/11/2011 04:16PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Donald 

Last Name: Hamilton 

Company/Organization: 

E-mail Address: dlhamilton1 OO@yahoo.com 

Street Address: 7325 Gardner Rd 

City: San Antonio 

State: tx 

Zip Code: 78263 

Phone Number: 512-826-3972 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

W-52 

I Respectfully request that you allow Idling in these areas. Continueing these and other regulation that are imposed upon the 

trucking industry can be detramental to the health and welfare of the driver. 

Thank You 
From: 

To: 

Date: 

Subject: 

<dkhaynes311@gmail.com> 

<dkhaynes311 @gmail.com> 

3/11/2011 7:18AM 

2011-006-101-EN 

03/11/2011 07:23AM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Donna 

last Name: Haynes 

Company/Organization: 

E-mail Address: dkhaynes311@gmail.com 

Street Address: 116 PR 1380 

City: Morgan 

State: TX 

Zip Code: 76671 

Phone Number: 

Fax Number: 

Rule: 2011-006-101-EN 

Comments: 

As you know, during our long, hot summers temperatures can reach unbearable heights. 

When you are inside a vehicle with no air conditioning it can get dangerously hot and 

impossible to sleep and get quality rest. We, as truckers need to be able to idle our trucks 

during our mandated rest breaks. I hope that you will see your way to reverse this non-idling 

regulation and allow us to get our proper rest so that we can continue to operate as safely as possible. 

Thank you for yOur time and attention to this matter. 

Donna Haynes 

Donald Haynes 

Chris Haynes 

W-53 
From: 

To: 

Date: 

Subject: 

<texasjayhawker-ect@yahoo.com> 

<texasjayhawker-ect@yahoo.com> 

3/10/2011 9:41PM 

2009-054-114-EN 

03/10/2011 09:48 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: terry 

Last Name: hebb 

Company/Organization: 

E-mail Address: texasjayhawker-ect@yahoo.com 

Street Address: 10015 teagarden road 

City: dallas 

State: tx 

Zip Code: 75217 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

W-54 

Why don't you try to sleep without "heating or air-conditioning". Americans' truck drivers are being slapped around like last years 

"left-overs". The FMC SA is splitting "hairs" over rules & regulations on the Trk. Driver. Before long he will have computer wires 

hooked-up to his brain, heart, arms, legs, even his bathroom movements. No company, no owner/operator, no independent trucker 

wants too waste money on fuel {$4.00fgallon!!! >). Do you take into consideration the cancer causing chemicals sprayed into the 

atmosphere, known as "Chem-Trails"? Oh, that is not the issue. Okay, but you better be careful, a whole lot of the truck drivers 

are "immigrants". Oh, that's wright, they have a different set of rules (or what-ever-they are) to follow. The answer is give the "Little 

Man" the "Federal Reserve Notes" he needs to meet your objectives, the "Big Man" has the financiai'Where-with-all". May you 

sleep well in your house high on the hill, while we way down below slave away in discomfort. Thank You for hearing me, a taxpayer. Terry Hebb 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Booth by, Kathe 

3/10/2011 10:24 AM 

Fwd: 2009-0S4-114-EN 

>>> TRRules 3/10/201110:02 AM>>> 

>>> <dawson_kendall@hotmail.com> 3/10/20119:09 AM>>> 

03/10/2011 09:08 AM 

W-55 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: kendall 

Last Name: dawson 

Company/Organization: hirschfeld transportation 

E-mail Address: dawson_kendall@hotmail.com 

Street Address: 10078 grape creek rd 

City: san angelo 

State: tx 

Zip Code: 76901 

Phone Number: 325 2234 9686 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Page I of I 

we manufacture and haul bridge beams and girders for road and railroad construction. most of these are 

oversize loads so we abide by permit restrictions and curfews. this requires long periods staged for delivery,and 

long periods in sleeper.these idling restrictions pose grave comfort and health problems.why dent the people 

mandating this go home and turn their air conditioner or heaters off and see what kind of rest they enjoy. we 

drivers are responsible for the safe operation of large heavy equipment in the public domain,in our case 

sometimes up to 200,000 pounds and 200 ft long.dont you think drivers should be well rested for the public 

safety? Everything the public eats, wears,drives, lives in etc. is delivered by truck and we drivers are not slaves 

to be mistreated and ignored.go home turn off your ac for the nite and then imagine 200 nites spent in the 

truck by me last year serving a public need,without heat ,air and proper sleep, then multiply that by the millions 

of drivers delivering americas needs daily .the effort to cut emissions at driver expense is risking the safety of 

every citizen of Texas and the nation. sincerely Kendall Dawson 

file://C:\WINDOWS\Temp\XPgrpwise\4D78A6E4TNRDOM20EPAAP010016E7479168 ... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Joyce Spencer 

Booth by, Kathe 

3/10/2011 9:34 AM 

Subject: Fwd: 2009-054-114-EN 

-~----~---------- ------

>>> TRRules 3/10/2011 9:26AM>>> 

>>> <cwooley@ccisd.net> 3/9/2011 2:50PM>>> 

03/09/2011 02:50PM 

W-56 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Gaddis 

Last Name: Wooley 

Company/Organization: Hot Shot Express 

E-mail Address: cwooley@ccisd.net 

Street Address: 143 Highland Terrace-P.O. Box 1098 

City: League City 

State: Tx 

Zip Code: 77574 

Phone Number: 832-689-3874 

Fax Number: 281-554-6830 

Rule: 2009-054-114-EN 

Comments: 

Page 1 of 1 

We need to be able to rest. It is impossible to sleep in the Texas heat. Therefore, we need to have the Idling 

Rule Revised before someone dies of exposure to the heat or cold. 

fi1e://C:\WINDOWS\Temp\XPgrpwise\4D789B1ATNRDOM20EPAAP010016E747916... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/11/2011 8:13AM 

Fwd: 2009-054-114-EN 

W-57 

Attachments: 03-10-11 TCEQ- Rule Project Number 2009-054-114-EN, Engine Idling.pdf 

>>> TRRules 3/10/2011 5:15PM >>> 

>>> <selms@hc-inc.com> 3/10/2011 4:50PM>>> 

03/10/2011 04:50 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Stacy 

Last Name: Elms 

Company/Organization: Housley Communications, Inc. 

E-mail Address: selms@hc-inc.com 

Street Address: 3122 Kellway Drive 

City: carrollton 

State: IX 

Zip Code: 75006 

Phone Number: 972-931-2686 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Page I of I 

file://C:\WrNDOWS\Temp\XPgrpwise\4D79D9AOTNRDOM20EPAAPOIOOI6E747916... 3/11/2011 
Corporate Office: 

3550 S. Bryart Bhrd. 

(MaiL P_Q_ Box 289SJ 

San Angelo TX 76902 

325.944 9905 325.944.1781 fax 

March 10,2011 

Mr. Michael Parrish 

MC205, Office of Legal Services 

Metroptex Office: 

3122 Kell\'lay Dr. 

Carrollton TX 75006 

972.931.2686 

, .972.380.4427 fax 

Texas Commission on Environmental Quality 

Post Office Box 13087 

Austin, Texas 78711-3087 

Re: Rule Project Nnmher 2009-054-l14-EN 

Via: E-Comment System 

Dear Mr. Parrish: 

Central Texas Offfce: 

625 County Road 165 

Hutto TX 78534 

512.759.3940 

512.75S.5371 fax 

Housley Communications, lnc. is a utility construction contracting fmn with operations in fiVe (5) stlltes 

in the Southwest. We are a private fleet that operates approximately one hundred commercial motor 

vehicles in addition to several hundred light vehicle$. The safety of our employees, subcontractors lllld 

the general public is one of our evetyday concerns. Our involvement with the Texas Motor 

Transportation Association has done a great deal to enhance the safe operation of our fleet. 

The safety of our highways is a great cnnC<:I:Il in our opel"llrions each day. This concern is not only for the 

large number of drivers we have on the road every:day; but extends to our fellow CMV drivers and the 

general public. One of the best ways to insure ~s safety is to make sure that commercial truck drivers 

are well rested. To achieve that goal, the cab of the truck needs to stlly warm in the winter and cool in the 

summer. The hot days and nights ofTexas Summer are just around the comer so it is imperative that 

drivers be able to idle thei.r primary engine to obtain federally mandated rest. 

Housley Communications, Inc. would respectfully ask that TCEQ adopt the rules concerning motor 

vehicle idling incorporated in the above referenced rulemaking. We all should expect Texas to have the 

safest highways and these rules are an important step in acbievingthis goal. 

Respectfully, 

~-~5 

Stacy L. Elms 

Vice President of Risk Management 
Mar.05.2011 02:02 PM Hyden Highway Hauling LLC 361 865 3700 

Hyden Highway Hauling L.L.C. 

3833 S. Staples, Suite N120 

Corpus Christi, Te:ms 78411 

(361) 854-5541 

Fax: (361) 887-9556 

March 5, 2011 

Mr. Michael Parrish 

MC 205, Office of Legal Services 

Texas Commission on Environmental Quality 

P.O. Box 13087 

Austin, Texas 78711-3087 

BY FAX: 512.239.4808 

Re: Rule Project Number 2089-054-114-EN 

Dear Mr. Parrish: 

PAGE. 1/ 2 

W-58 

All of the members of Hyden Highway Hauling LLC an:: greaxly in favor of passing 

legislation which will guarantee that our drivers will be allowed to idle their engines for 

climate control while getting the rest mandated by both federal and state legislation. 

With the wild temperature swings experienced in our state it is just totally unreasonable 

to think that a driver could in any way actually get a quality rest time without the aid of 

climate control for his sleeping environment 

Our company keeps about twenty to twenty-five truck tractors rwming in the state of 

Texas hauling prestressed concrete bewns for bridges and overpasses on highways being 

built in Texas. One of the peculiar facts about our operation is thax we are mainly forced 

to use older truck tractors. The highly competitive nature of bidding for highway 

construction jobs in TelU\s keeps the rates which we are able to command as transporters 

ofthosc beams extremely low. With such narrow margins you cannot support expensive · 

new equipment. 

The forced use of older equipment also means that the units do not have all the options on 

them that come with new truck tractors today. We do not have auxiliary power units 

(APU) on our truck tractQrs and with the hauling rates as low as they are we cannot 

afford to install them at this time. We have managed to get one or two of the rigs 

upgraded io that manner but upgrading the entire fleet is beyond our ability. Do we wish 

that all the units had APUs? Of course we do. Idling decreases engine live between 

overhauls and with fuel neaded for more than $4.00/gallon the cost of idling all night is 

high. ' 

Pugc 1 of2 C:\USC1'11\Nlclc\J)octunent!I.\IIHI·l\Lc:Ucta-Mcrn.os\Suppurl idling lugbilation.doo 
Mar.05.2011 02:02PM Hyden Highway Hauling LLC 361 865 3700 PAGE. 2/ 2 

Since we haul to construction sites both in and outside city limits the inability of owdrivers to idle their equipment in order to get the rest they need to be safe drivers may be 

greatly increased without the proposed rule. Already many of our major Texas cities 

have or are considering such limitations on idling. It would be nice if our units could all 

park at a truck stop equipped with plug-in power or climate control. The natw-e of the 

product we haul prohibits that in almost every case. With a concrete beam of a hundred 

feet or more and weighing a hundred thousand polUlds behind you there just aren't many 

places where you can safely park and rest. Most of the time there isn't room at the job 

site for us to park while waiting to unload, particularly for a night set, so the contractor 

arranges for us to have a staging area. Many times this staging area is a paved lot inside 

the city limits even if the actual job site is some miles away. 1 think that you can 

appreciate why being asslired of being able to idle the equipment for the mandated and 

safety required rest is important to U$. 

1 need also to take this opportwrity to support this proposed rule on behalf of our truck 

drivers who travel cross country for a living. These drivers many times spend four to six 

weeks on the road without ever going home. During that time they are required to tske 

mandated sleep/rest periods in order to insw-e that your family and mine are not on the 

road with unsafe drivers due to their lack of sleep. At the same time we are increasing 

the rest periods required we are closing and canceling new road side parks because of the 

budget deficit of the state and national governments. Given time all these drivers will 

probably have APUs on their trucks put Wltil then we should not take away_ th~ safety of 

allowing them to find a spot that may be within the city limits where it is still necessary 

for them to idle their equipment to remain comfortable. 

We urge all involved to steward this rule to completion as quickly as possible. No one 

can get a quality rest period in a seven foot by eight foot enclosed bunk when it is one 

htmdred degrees outside. 

Thank you for your consideration of our reasons for supporting and urging the 

finalization of this proposed rule. 

Page2of2 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 10:22 AM 

Fwd: 2009-054-114-EN 

-------- --~~~--~--

>>> TRRules 3/10/2011 9:58AM>>> 

>>> <doug@dougndiya.com> 3/9/201111:37 PM>>> 

03/09/2011 11:37 PM 

Page 1 of 1 

W-59 

This email is a confinmation of the comment that was submitted for the referenced rulemaking. 

First Name: Douglas 

Last Name: Ibrahim 

Company/Organization: 

E-mail Address: doug@dougndiya.com 

Street Address: 602 British Court 

City: Arlington 

State: IX 

Zip Code: 76002 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

I believe that allowing trucks to idle during government mandated rest periods is a smart move! Requiring 

drivers to get up from their rest period every hour for 5 minutes to wanm or cool their truck does not provide for 

adequate rest. In addition, not all drivers work for a company that provides auxiliary power units and not all 

truck owners can afford them. 

file://C:\WINDOWS\Ternp\XPgrpwise\4D78A676TNRDOM20EPAAP010016E7479168 ... 3/10/2011 
From: 

To: 

Date: 

Subject: 

<justjp@jinnette.com> 

<justjp@jinnette.com> 

3/13/2011 3:49 PM 

2011-006-101-EN 

03/13/2011 03:57 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: John 

last Name: Jinnette 

Company/Organization: 

E-mail Address: justjp@jinnette.com 

Street Address: 3506 Heritage ln 

City: Corpus Christi 

State: TX 

Zip Code: 78415 

Phone Number: 361-855-0815 

Fax Number: 

Rule: 2011-006-101-EN 

Comments: 

This comment concerns 2009-054-114-EN but it is not listed in the drop down box for some reason. 

W-60 

I am a long haul truck driver and live in my truck for as many as 35 days at a time. This means that I sleep, watch TV, eat and work 

in the truck. By law I am required to get 10 hours rest every 24 hours. To do that I need to sleep in my truck since nobody is going 

to pay me to get a motel room every night. In order to rest in the truck the temperature has to be within a range that I can sleep in. 

In Texas, as in many states, the temp gets very hot in the summer and very cold in the winter. Have you ever tried to sleep in a box 

with the temp going over 100 degrees? I have and it is almost impossible. The same goes when the temp in said box gets below 

freezing. 

In the upcoming discussions on the idling restrictions I can only hope somebody takes into account the comfort of the drivers in the 

great state of Texas. Idling the truck is the only way I can keep the temp at a level in which I can get my required, and mandated, 

rest. 

Remember, if I don't get my required rest I could be very unsafe on the road. That is the same road you and your family use and if 

we get in a wreck my truck will surely beat your little car or pickup into a mass of wrecked metal. Think about it. 

Thank you. 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: Joyce Spencer 

To: Boothby, Kathe 

Date: 3/10/2011 10:15 AM 

Subject: Fwd: 2009-054-114-EN 

>>> lRRules 3/10/2011 9:50AM >>> 

>>> <rad24707@yahoo.com> 3/9/2011 3:57PM >>> 

03/09/2011 03:57 PM 

W-61 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Radney 

Last Name: Stricklin 

Company/Organization: Johnsrud Transpot INC 

E-mail Address: rad24707@yahoo.com 

Street Address: 5630 CR357 

City: Hawley 

State: 1X 

Zip Code: 79525 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

To Whom it may concern, 

I have just recently moved to Texas, the state of my birth, in June of last year. Even 

though i missed the deadline to sign up for regristration at the county seat for Jones County, I 

implore you to not restrict idleling for a truck drivers mandatory ten (10) hours break. Tempatures 

inside of our truck is, on average, 20 to 30 degrees hotter than outside tempature. No rest because 

of intolerable living conditions will only lead to more problems on our highways for everyone. 

I realize all the pressure to conform to the "green" movement, however this is one that you need to 

fight back on. Safety is the only issue here. NO REST= ___ well you fill in the blank, it is 

negative. 

Thank you for your consideration, 

Mr. Radney Stricklin 

Page I of I 

file://C:\ WINDOWS\Temp\XPgrpwise\4D78A4ABTNRDOM20EP AAPOI 0016£747916... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 10:21 AM 

Fwd: 2009-054-114-EN 

>>> TRRules 3/10/2011 9:56AM>>> 

>>> <rickiekjones@yahoo.com> 3/9/2011 8:22PM>>> 

03/09/2011 08:22 PM 

Page 1 of 1 

W-62 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Rickie 

Last Name: Jones 

Company /Organization: 

E-mail Address: rickiekjones@yahoo.com 

Street Address: 1417 Tempest Dr. 

City: Dallas 

State: TX 

Zip Code: 75217 

Phone Number: 972·557-2184 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

I think that the idea of allowing Drivers to idle thier trucks during mandated rest breaks is only fair seeing as the 

sleeper berth was and is meant for resting and sleeping. 

Having been forced to shut off my truck in California (because of thier ord. against idling) during the summer 

months and winter as well, I have suffered many health related ailments, some of which are still with me, and if 

Texas can and will adopt common sense rules and regulations for large trucks and the drivers health, then we 

will be the first state to show the nation that we are on the front lines of keeping,common sense rules for and 

about the drivers real health and safty a priorty. 

But should the no idling rule become the law of the land here as well, then I will finally be forced to abandon a 

profession that I have spent my entire adult life doing, 39 years to be excact, and I will leave and I do realize 

that will not make a hill of beans to any of those that make the decisions but just think about it if all of the 

drivers with my experience level quit what would happen to the safety on our highways then. It sure seems 

those in Washington D.C. haven't a clue. 

So let's show them we here in Texas DO! 

Respectfully Rickie K. Jones 

1417 Tempest Dr. 

Dallas, TX. 75217 

fi1e://C:\ WINDOWS\ Temp\XPgrpwise\4D78A64 7TNRDOM20EP AAPO 1 0016E74 79168... 3110/2011 
From: 

To: 

Date: 

Subject: 

<Pkillerlain@hotmail.com> 

<Pkillerlain@hotmail.com> 

3/1B/20114:13PM 

2011-006-101-EN 

03/18/201104:11 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Phillip 

Last Name: Killerlain 

Company/Organization: 

E-mail Address: Pkiller1ain@hotmail.com 

Street Address: 1420 w bullock 

City: Denison 

State: tx 

Zip Code: 75020 

Phone Number: 

Fax Number: 

Rule: 2011-006-101-EN 

Comments: 

2009-054-114-en seeing as we have to sleep during hot temps or cold ildeing should be allowed to sleep 

W-63 
From: 

To: 

Date: 

Subject: 

<karen@brewertrucking.com> 

<karen@brewertrucking.com> 

3/11120111:21 PM 

2009-054-114-EN 

0311112011 01:25PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Klaus 

Last Name: leinenbach 

Company!Organization: Klaus Leinenbach Trucking 

E-mail Address: karen@brewertruck.ing.com 

Street Address: 308 W. lee 

Ctty: Graford 

State: TX 

Zip Code: 76450 

Phone Number: 940-328-3316 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

W-64 

If I am not comfortable to rest for lack of air conditioning or heating I will not be a safe driver. I use the sleeper berth and it is very 

important to be comfortable when getting my government mandated 

hours of rest. 

Asking to retain the exemption-year round for idling trucks while getting my government mandated rest. 

Thanks, 

Klaus leinenbach 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2.011 9:47 AM 

Fwd: 2.009-054-114-EN 

>>> TRRules 3/10/2.011 9:45AM>>> 

>>> <kerry@axiommis.com> 3/9/2.011 3:35 PM >>> 

03/09/2.011 03:3S PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Kerry 

Last Name: Kuckuck 

Company/Organization: 

E-mail Address: kerry@axiommis.com 

Street Address: 106 Green Meadows Dr. 

City: Waxahachie 

State: TX 

Zip Code: 7S167 

Phone Number: 

Fax Number: 

Rule: 2.009-0S4-114-EN 

Comments: 

Page I of I 

W-65 

As a driver based in TX, I think that the idling exemption should apply to federally mandated rest periods. 

Included should be anyone parked within, or less than, 2. miles of a facility that offers external heating or 

cooling, [1] if all spaces that provide such services are full upon arrival time, or [2]the company that employs 

driver has no provision to pay for rental of such spaces, thus placing the burden for rent on the driver. If such 

company does not provide an APU, they should be willing to bear expense of providing external heating or 

cooling. Drivers should be able to be comfortable during rest periods at all truck stops and/or shipping customer 

provided parking areas. 

file://C:\WINDOWS\Temp\XPgrpwise\4D789E4CTNRDOM20EP AAPOI 0016£7479168... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Joyce Spencer 

Boothby, Kathe 

3/8/2011 9:52AM 

Subject: Fwd: 2009-054-114-EN 

>>> <ladybugfreight@yahoo.com> 3/8/2011 9:31AM >>> 

03/08/2011 09:30 AM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Clare 

Last Name: Jamieson 

Company/Organization: Ladybug Freight 

E-mail Address: ladybugfreight@yahoo.com 

Street Address: 1233 Wycliffe Dr 

City: Houston 

State: 1X 

Zip Code: 77043 

Phone Number: 713-391-6798 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

o Prefer my trucks not idle at all as it burns precious and expensive fuel at over $3.50 per 

gallon 

o Additional wear and tear shortens the life of my engines 

o My family drives the same roads as trucks and I want my drivers well rested 

o Quality, temperature controlled rest for drivers in Texas' extreme heat and cold is the best 

proactive means to fight drowsiness and foster alertness 

o This rulemaking needs to be finalized before the hot summer nights are upon the state. 

Page 1 of 1 

W-66 

file://C:\WINDOWS\Temp\XPgrpwise\4D75FC47TNRDOM20EPAAP010016E74791678 ... 3/8/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 10:21 AM 

Fwd: 2009-054-114-EN 

>>> TRRules 3/10/2011 9:54AM>>> 

>>> <mrwtrkg@yahoo.com> 3/9/2011 6:37PM>>> 

03/09/2011 06:37PM 

Page I of I 

W-67 

---------------------

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: michael 

Last Name: wilson 

Company/Organization: landstar 

E-mail Address: mrwtrkg@yahoo.com 

Street Address: 142 andorra dr 

City: u.c. 

State: tx 

Zip Code: 78148 

Phone Number: 210-325-4411 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Drivers are not happy about burning the expensive fuel they have tried all day to conserve, however the health 

of the driver not to mention the safty of your family and mine are often in the hands of a sleepy or just dead 

tired driver with a 75ft 80,000 lb truck. This one is an easy call, is it not? Give us the same consideration as 

your family pet. Please. tks mw 

file://C:\WINDOWS\Temp\XPgrpwise\4D78A616TNRDOM20EP AAP01 0016E7479168... 3/10/2011 
From: 

To: 

Date: 

Subject: 

<marthakevee@yahoo.com> 

<marthakevee@yahoo.com> 

3/10/2011 6:18PM 

2009.054-114-EN 

03110/2011 06:22 PM 

This email is a confinnation of the comment that was submitted for the referenced rulemaking. 

First Name: Kevee 

Last Name: Ramsey 

Company/Organization: lanstar 

E-mail Address: marthakevee@yahoo.com 

Street Address: 915 hwy 59 

City: linden 

State: tx 

Zip Code: 75563 

Phone Number: 405 590 3370 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

I think it is showing good judgment in allowing drivers that are providing for the state and nation 

to be able to rest in a temperture comfortable location. 

W-68 

The same law makers (while working from their cooled/heated chambers)that rule it is a crime to leave an animal or child in a 

vehicle in extreme tempertures-and it SHOULD be-have been ruling that we as drivers MUST sleep for 10 hours under these 

conditions. Not only can quality rest not be obtained-which adds to fatigue behind the wheel-but can even lead to death from in 

cab temps well in excess of 1 OOf or low enough to cause hypo-thermia. 

THANK YOU TEXAS FOR RECONSIDERING THIS MATTER!!! 

KEVEE/MARTHA RAMSEY 

OVER THE ROAD TRUCK DRIVERS & PROUD TO BE 

RESIDENTS OF THE LONE STAR STATE 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 9:47AM 

Fwd: 2009-054-114-EN 

Page I of I 

W-69 

-----------------------------------------------

>>> TRRules 3/10/20119:45 AM>>> 

>>> <joyandbud@netzero.com> 3/9/2011 3:32PM>>> 

03/09/2011 03:32 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Joy 

Last Name: Mattice 

Company/Organization: 

E-mail Address: joyandbud@netzero.com 

Street Address: P 0 Box 760 

City: Onalaska 

State: TX 

Zip Code: 77360 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Please please please vote to allow idling. Nobody wishes to drive in anything but the most alert and rested 

condition possible. And we all know what the weather is like in the great state ofT exas! There is no way 

anybody could sleep in our summers. And all that fuel money comes out of our pockets, so we are not doing it 

one bit more than we have to. Thank you for your consideration! 

file://C:\WINDOWS\Temp\XPgrpwise\4D789E37TNRDOM20EPAAP010016E7479168 ... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 10:23 AM 

Fwd: 2009-054-114-EN 

---------------- -----------------

>>> TRRules 3/10/2011 9:59AM >>> 

>>> <tgg482008@yahoo.com> 3/10/2011 2:39AM >>> 

03/10/2011 02:39 AM 

Page 1 of 1 

W-70 

-~-- ----- -------

This email is a confinmation of the comment that was submitted for the referenced rulemaking. 

First Name: Thomas 

Last Name: Griffin 

Company/Organization: Mayberry Express 

E-mail Address: tgg482008@yahoo.com 

Street Address: 115 Rd. 333B 

City: Cleveland 

State: Tx 

Zip Code: 77327 

Phone Number: 281-592-2705 

Fax Number: 281-592-2705 

Rule: 2009-054-114-EN 

Comments: 

I have been a truck driver for over 35 yrs. now. There are times when I need to Idle to run heat or air in my 

truck. I don't see how this bothers anyone at all! Truckers have a hand enough time just finding parking places 

that are safe. It is the Owners fuel that is being used it doesn't cost anything for others it is a way of life for 

truckers to stay warm or cool! If truckers can't Idle What Next cars can't Idle eighter!!!! There are so many 

regulations now for truckers to follow and we have too! But Please don't make this way of Life for us more 

harder!! I pray God will guide you all in this Revision on Ideling! Thank You God Bless! 

file://C:\WINDOWS\Temp\XPgrpwise\4D78A68BTNRDOM20EPAAP010016E747916... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 10:21 AM 

Subject: Fwd: 2009-054-114-EN 

>>> TRRules 3/10/20119:55 AM >>> 

>>> <slimjim5253@msn.com> 3/9/2011 7:43PM>>> 

03/09/2011 07:43 PM 

This email is a confinmation of the comment that was submitted for the referenced rulemaking. 

First Name: James 

Last Name: McCall 

Company/Organization: 

E-mail Address: slimjim5253@msn.com 

Street Address: 3000 Archie 

City: El Paso 

State: TX 

Zip Code: 79935 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Page I of I 

W-71 

Very straight to the point. How can a driver sleep in the summer without idling his truck for air conditioning. 

file://C:\WINDOWS\Temp\XPgrpwise\4D78A62ATNRDOM20EPAAPOIOOI6E747916... 3/10/2011 
t,\t.TCBY 

+c. INC. 

Michael Parrish 

MC205 Office of Legal Services 

OILFIELD TRUCKING 

P. 0. BOX 4126 

MIDLAND, TEXAS 79704 

432-694-9691 FAX 432-694-8679 

1-800-234-4648 

Texas Commission on Environmental Quality 

P.O. Box 13087 

Austin Texas 78711-3087 

Mr. Parrish, 

McClatchy Bros.lnc. supports the proposed rulemaking in front of the TCEQ at present. 

W-72 

Our terminals provide our drivers with a temperature controlled environment while in our yards 

awaiting their loads. Once loaded and on the·road however they need to Idle to maintain temperature In 

the sleeper berth while sleeping for a proper rest period. This helps to prevent them from being an 

unsafe driver due to fatigue. Texas is known for its extreme heat and cold. We work in some of the most 

extreme weather from the humidity of Houston to barren West Texas where shelter is not readily 

available. 

We take safety extremely serious and want our families and yours to have the best driving conditions on 

our state'highways. This means that we have to let all truck drivers maintain temperature controlled 

environment while they are getting their federally mandated rest. 

We as well as other companies have already begun investing in newer equipment that meet or exceed 

the clean air idling guidelines. Idling is cost prohibitive in that the price of fuel is over $3.50 per gallon 

and the excessive wear and tear shortens the life of the engines. But we all have a 1(ested interest in the 

quality of air In the great State of Texas. 

We all also have a vested interest In the Safety of our Drivers on Texas Highways. 

We are asking that you support the proposed rulemaking • 

~_1:1;~rJ!J/II • • ~fdent......,vw~ ~a":~­ (~ 
From: 

To: 

Date: 

Subject: 

<Rfree54914@aol.com> 

<Rfree54914@aol.com> 

3/10/2011 7:06 PM 

2009-054-114-EN 

03/10/2011 07:13PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Robert 

Last Name: Freeman 

Company/Organization: MLC, LLC 

E-mail Address: Rfree54914@aol.com 

Street Address: 403 Jeffrey Lane 

City: Copperas Cove 

State: TX 

Zip Code: 76522 

Phone Number: 254-368-3623 

Fax Number: 254-547-7807 

Rule: 2009-054-114-EN 

Comments: 

W-73 

1 support the effort to change current idling laws. For those of us that can't afford APUs, it is necessary to idle to maintain comfort 

during extreme heat and cold conditions. I only idle when absolutely necessary because I can't afford to waste fuel, especially at 

today's cost. I've also attempted to follow the 5 min idling laws and the result was drained batteries that required a jump start. 

Lawmakers forget that the cab of a truck is our home away from home. My truck has a TV, fridge, and microwave oven. When 

these appliances are used, 5 minutes are not enough time to charge weakened batteries. When I see law enforcement idling their 

vehicles in order to maintain comfort, while looking for violators, I wonder why the trucking industry is targeted! 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 10:24 AM 

Subject: Fwd: 2009-054-114-EN 

>>> TRRules 3/10/201110:01 AM>>> 

>>> <rmontg5039@aol.com> 3/10/2011 8:30AM >>> 

03/10/2011 08:29 AM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: ricky 

Last Name: montgomery 

Company/Organization: 

E-mail Address: rmontg5039@aol.com 

Street Address: 4657 hwy 155 

City: lone star 

State: tx 

Zip Code: 75668 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Page I of I 

W-74 

as a long haul truck driver that lives in the state of texas I think consideration should be given to our sleep 

time that we may be comfortable .please consider what your life would be like if you could run your air 

conditioner or your heater in your home .I know we need a governing body in the state and country but we 

need also laws that makes sense. 

file://C:\WINDOWS\Temp\XPgrpwise\4D78A6CFTNRDOM20EPAAPOI0016E747916... 3/10/2011 
02-03-2003 19:05 RANDALL MORSE 903-675-2684 PAGEl 

.felt/l"'...J'e.. .;Jt:J09-o5-.lf-l!'l G",.v_ 

,r,,. ~- ..... , 

W-75 

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;-1 if ~~ hc't Oy .: .. /d. ~..(.,,..-r/ ~ ..... 4 ~7'..,;><,_ ~"/'-',!.. "/,'0..-J~ /''f•w·.._ 

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~h 
From: 

To: 

Date: 

Subject: 

<mootaxi@yahoo.com> 

<mootaxi@yahoo.com> 

3/11120111:53 PM 

2009-054-114-EN 

03/11/201101:58 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Darlene 

Last Name: Mullins 

Company!Organization: 

E-mail Address: mootaxi@yahoo.com 

Street Address: 2002 Cedar St. 

City: Megargel 

State: TX 

Zip Code: 76370 

Phone Number: 9405632038 

Fax Number: 9405631022 

Rule: 2009-054-114-EN 

Comments: 

W-76 

1 drive an 18 wheeler, and I know for a fact that you cannot get a decent sleep if your to hot or to cold. The res no excuse why any 

driver cannot run his or her truck, for heat or air conditioning to be comfortable. Why not have everybody {not just drivers} go 

without either one, and see how well they sleep. The trucks are NOT the only ones that put pollutions in the air. Look around at 

some of these vechiles people drive everyday. If we can't get decent comfortable sleep, how do you expect us [drivers] to stay alert 

while driving! [ Darlene Mullins 
--·------

Wayne E. Myers 

3320 Sungate Drive 

Killeen, TX 76549 

9 March2011 

Michael Parrish, 

MC 205, Office ofLegal Services 

Texas Commission on Environmental Quality 

P.O. Box 13087, Austin, TX 78711. 

Dear Sir: 

W-77 

As you likely are aware, Texas' idling regulation is adopted and enforced by individual cities and 

counties. The regulation limits truck idling to five minutes each hour. 

Originally, the idling regulation had a sleeper berth exemption. That exemption, however, 

expired in September 2009. 

The Texas Commission on Environmental Quality is scheduled to consider amending its 

regulation to exempt large trucks ''when idling for heating or air conditioning while a driver is 

using the vehicle's sleeper berth for a government-mandated rest period. 

Sir I, request, that the Texas Commission on Environmental Quality, amend and extend this 

regulation exempting large trucks. 

I speak on the behalf of many owner operators, that due to the poor economy and rising cost of 

fuel and oil. Many of us owner operators have not been able to purchase and install auxiliary 

APU units to provide cooling and heating. 

Driving a semi truck on the interstates here in Texas is stressful enough, but doing the driving 

·after 8-1 0 hours of restless sleep inside a hot truck is dangerous. 

Thank You. 

s~~ly; 

~pt'~-(___,4~ 

Wayn~ E. Myers 
03/07/2011 MON 8:55 FAX 12!002/002 

iliJjl NABORS 

'(( J WELL SERVICES CO. 515 West Greens Road 

Suite 1200 

Houston, Texas 77067-4599 

Michael Parris 

MC205 

Office of Legal Services 

Texas Commission on Environmental Quality 

P.O. Box 13087 

Austin, Texas 78711-3087 

Re: Rule Project# 2009-054-114-EN 

Proposed rulemaking to allow idling for mandated rest periods. 

Dear Sir: 

Phone: 281.874.0035 

Fax: 281.775.4864 

www.nabors.com. 

W-78 

As with most inforrred Americans, I too have concerns about the environment 

and air quality. There are things that should be done to decrease our impact on 

earth's fragile systems. Balances must be struck that serve all Texans best. As a 

company we have looked at our idling numbers seriously as it is an issue that 

impacts the company's bottom line. We have policies in place to prohibit 

unnecessary idle time. Having said that, I cannot imagine attempting to .sleep in . 

a truck sleeper in Texas during the hot months without some climate control 

system to make it bearable. DOT regulations are specific about required rest 

periods for drivers. I do not want to share the road with commercial vehicle 

operators who are not well rested because they were not able to sleep in the 

heat or cold. I ask that you support legislation to allow occupied trucks to idle to 

allow drivers to obtain rest. 

~~ 

Sincerely, 

John Counts . . :_ /-

DOT Compliance Manger 

Nabors Well Services 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 10:23 AM 

Fwd: 2009-054-114-EN 

Attachments: - No Idle Effects on a Person.doc 

>>> TRRules 3/10/201110:00 AM>>> 

>>> <v-nicholson@juno.com> 3/10/2011 5:36AM>>> 

03/10/2011 05:36 AM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Vincent E 

Last Name: Nicholson 

Company/Organization: 

E-mail Address: v-nicholson@juno.com 

Street Address: PO Box 7147 

City: Pasadena 

State: TX 

Zip Code: 77503 

Phone Number: 281-991-5674 

Fax Number: 281-596-7594 

Rule: 2009-054-114-EN 

Comments: 

Page I of I 

W-79 

The attached Word doc explains why after 19 years & over 2 Million miles, I have Quit driving. I had planned to 

drive for another 10 years before retiring. Already sold 3 trucks & 8 trailers. 

I enjoyed driving, I am single, with family scattered from East Coast to West Coast. Driving provided a means 

to visit my family across the USA. With the regulations imposed on truck drivers, ESPEOALLY not being able to 

idle to sleep was the killer. it is just not worth it anymore. 

Many of the drivers I've known have quit or plan to quit driving in the near future, much earlier than they had 

planned because of the out of control regulations. 

This is an excellent way to purge the industry of experienced drivers, and replace them with inexperienced 

trainees just out of driver schools to dominate our highways, and drastically discourage the incentive for people 

to pursue trucking as an occupation. 

Please consider the cause and effect of your decision & long term consequences. 

Thank You 

Vincent Nicholson 

file://C:\WINDOWS\Temp\XPgrpwise\4D78A69ETNRDOM20EPAAPOI0016E7479168 ... 3/10/2011 
What are the EFFECTS of NO Idling Trucks 

What happens when a truck driver must live in their truck & not allowed to idle the truck to 

maintain a livable temperature in order to sleep &/or required to layover for 2-3 or 4 days. 

During the past couple years there has been countless laws to force truck drivers to have 10 

hrs quality sleep. Force many drivers to be connected to a sleep apnea machine to make sure 

they have a deep, uninterrupted sleep, etc & on & on, or you loose your CDL. 

That was all thrown out the window when they discovered they can make more money 

defying peoples right to live. Because human instinct to survive will prevail & drivers will 

ignore the law, giving the law makers endless opportunity to generate money. 

Florida & Denver County, Colorado, the fine is $1,000 for first offense. Some states have a 

fine & up to 1 year in jail, for a person only trying to sleep & survive without a heat stroke 

or death in adverse weather conditions. 

How insane can the law makers be? This is totally inhumane and exceeds any sanity & the 

obsession to oppress any other human being. 

Let's start with summer conditions. 

When the truck is shut off, the sun shining on a truck, it immediately becomes a "Dutch 

Oven". This will raise the temperature inside the truck, 20 degrees or more. The darker 

color the truck, the higher the temperature will rise to. 

An average weight person, generates 850 BTU heat when not involved in strenuous 

exercise. A person having been doing extensive work loading or unloading will generate 

much more BTU. If a person is over weight, they will generate a much greater BTU even 

when not active. I don't know exact computation converting BTU into ambient temperature, 

I would estimate something around 10 degrees per person added to the temperature inside a 

truck without A/C. When ambient temperature was 80-90s, I have shut the truck off and 

within 30 minutes, it is unbearable to stay in the truck, sleep is absolutely impossible. 

Most all OTR truckers have a refrigerator or cooler. When it is hot out a human being 

must drink a lot of water to avoid heat stroke. Cool water helps tremendously to avoid heat 

stroke. Also, many drivers are required to have various types of medicine as well as food 

that must be kept cool. Thus, a refrigerator is necessary for the survival of a truck driver. 

Every refrigerator made extracts heat in order to cool the inside. This also adds another 10-

15 degrees to the temperature inside the truck and cannot be turned off or contents will spoil. 

Most all OTR drivers have some form of electronics. ie: Computer, TV, GPS unit, 

Inverters, Satellite Radio etc. Every electronic unit produces heat. 

I have a DELL Lap Top. When using it in a non-air-conditioned truck, the heat will make 

the laptop overheat & CRASH. Even when using the truck A/C, it generates so much heat 

I 
that I have to use a separate fan to keep it from crashing. Just my laptop & fan probably 

generate 5-l 0 degrees in the cab. 

Being on the road for week or months, I must transact all personal business from 

my pc. It is also my means for getting loads. directions, preparing taxes, 

Banking-Pay Bills & other job related information. In short if I'm alive & awake, I need 

to be on the pc taking care of business. Having a pc is NOT an option, It is a necessity. 

Using various electronics also drains the batteries pretty quick, so the truck must be 

started & run for an hour or more, to recharge the batteries, or have a dead battery that won't 

let you start your truck. Then it's call a service truck unless you carry jumper cables (which 

most trucks don't have). If you have cables it is very difficult to find another truck who can 

or will loose their parking place to help you. If the batteries voltage drops below 12v, it will 

take from 1 to 1 112 hours to recharge the batteries. 

In most southern states, if you leave the window down for even 2 minutes, the cab will be 

full of mosquitos. I assure you. You will not get any sleep, all night long if there is even 

one mosquito in your cab. I've heard mosquitos are attracted to the carbon dioxide that 

people expel when breathing. Therefore, mosquitos will be buzzing around your face all 

night. When a mosquito bites you, you're in pain for hours. There's no way you can sleep 

when in pain & another mosquito buzzing around looking for a chance to bite you again. 

Mosquitos are a major carrier of every disease know to man. Rest Areas & truck stops are a 

primary location where the gay community & Lot Lizards (prostitutes) solicit partners. With 

the windows down & mosquitos having free rain from person to person, joyfully starting a 

national epidemic of Aids, Hepatitis, Malaria & every disease in existence. 

People from every continent on earth that visit the USA, travel our highways & utilize Rest 

Areas etc, giving the mosquitos fresh source to import new diseases & spread around. 

Cannot use a window curtain to keep the light out while sleeping during the daytime, or 

you'll block any possible breeze. Without the curtain, sometime during your sleep period 

during the daytime, the sun will be shining directly into your sleeper. 

Security- If you do try to sleep or bide time in a truck you would have to have the 

windows rolled down. Every truck stop is plagued with lot lizards, peddlers & thieves. 

Daily, drivers are robbed at gun point & many killed in the parking lot somewhere in 

the USA, Although, it is seldom reported by the news media. 

In attempt to protect the rights of criminals, the Liberal Media will never report these events 

in the news. The media seem to treat truck drivers as sub-human even below animals, not 

deserving any protection. Criminals & murders have much more rights than truck drivers. 

To have the windows rolled down to get even minimal relief from the heat, is a wide open 

opportunity for thieves. Imagine when you are asleep, the thiefreaches inside & opens the 

door or just climbs through the window and HELLO, you have a gun in your face. The least 

that will happen, is he will take everything of value & all your money. 

2 
The most likely will be: the thief knows you've seen him & can ID him. Thus, to assure 

you don't identify him, he must kill you. A driver asleep with the window is an open 

invitation that a thief just can't resist. It's a dream come true for even the most armature 

thief. 

If you endanger any animal: cat, dog, horse, snake, alligator, or any animal, it will be on 

national TV within minutes & the perpetrator will be in jail. Why is a truck driver 

considered a lower species than even the lowest form of animal to include snakes. Keep in 

mind that 1/3 to 1/2 truck drivers have one or multiple college degrees. Many have Masters 

degree & some even a PhD. A much greater education than the politicians making really 

stupid laws. 

Now days there are a lot of lady drivers. What do you think her life expectancy would be 

with the window down to try to achieve some kind of relief from the heat? How many 

hundreds of women will have to be raped & murdered before these Liberal law makers 

would even remotely consider reversing these farce Global Warming Lies & inhumane laws. 

The earth is going through cyclic changes according to scientist, caused by the sun & solar 

storms, that have minimal impact by man. 

Because "global warming" is the ideal scare campaign for leftist demagogues, like Gore who 

are doing all they can to secure strict control over the economy and the minutest details of 

individual life. It's another ploy to generate astronomical revenue from every citizen 

possible, and increased control over people edging ever closer of implementing their endless 

passion to SOCIALISM. I have heard that Al Gore has already made over $2 Million 

Dollars via the Global Warming. When the years of2009 & 2010 have been the coldest 

years in 30 or 40 yrs. 

Just watch TV when someone leaves a child or a pet in the car to run in a store for only a 

few minutes. They are guaranteed to go straight to jail. The TV news host explains that the 

temperature inside a car with windows cracked, will reach 130-140 degrees or higher. 

That's in a car that does not have accessories that generate much more heat that is in the cab 

of a truck. 

Looking at the above elements that increase the temperature, the temperature in a truck can 

be increased 30-50 degrees or more, above the ambient out side temperature. 

Typical southern temperatures are 95 to 110 degrees. Put a thermometer on the hood of a 

car, & the temperature will soar beyond the limits of a thermometer. This extreme heat is 

the starting temperature of the heat radiating inside the cab of a truck. 

Now add the above information, the temperature can easily be 135 to 150 & more inside the 

cab of a truck that is not allowed to run the A/C. Anyone who implements No Idle laws 

have far surpassed any inkling of being humane. They would have to of been given unto a 

reprobate mind. Even animals have more intelligence than such lawmakers. 

How can any humane person require a trucker to survive in these conditions. Whoever 

implements or enforces such laws should be immediately sent to prison for endangering 

human lives. Any person so in humane should not be allowed in any position of authority. 

3 
I have many times had both A/C in the dash & in the sleeper operating at max cold & it still 

cannot keep the temperature in the truck at a comfortable temperature. With max A/C, I 

would still be in a soaking sweat. It would be shear suicide to attempt to sleep when it is 

that hot out. 

Americans are by nature resilient. The day is coming when the shear political stupidity will 

reach the limit, and the truckers will be forced to fight back, and fight back with vengeance 

and very severe consequences to the oppressors, if necessary. 

ALSO, we should implement a federallevellaw that any law maker that introduces laws that 

affect other people lives, (that the law maker is now exempt from), should be mandatory the 

law maker be forced to live in the environment of the law being introduced before the law 

can be opened to a vote. 

Example the trucks not allowed to idle to stay cool or warm. The law maker & all persons 

who will be voting on the bill be required to spend one week in a truck equipped as a typical 

trucker would have & required to comply to all regulations they propose. They would be 

denied services like IdleAire, because most truck stops do not have these facilities. 

They should have to stay in a truck stop like in Florida, New Orleans or Las Angles and do 

so in July or August. Also, North Dakota in Jan or Feb during a winter blizzard. 

Question? The Global Warming scare is a global problem of the entire earth, if it did exist. 

Why is it that the American truckers are being targeted to solve the global problem by 

astronomical money being raped from the American truck driver? When China & India are 

exponentially increasing in automobiles & industries that pollute without any restrictions. 

It's all about raping truckers for the revenue. Globally, oxygen generating trees are being 

cut down & not replanted, then replaced with concrete for global population explosion. 

Various levels of governments are taking advantage of truckers as if they were rolling A TM 

machines. A mere excuse of solving a global problem is actually an opportunity for revenue 

with absolutely no concern for the health &/or death of drivers because they are easy targets 

& helpless in fighting governments. 

It is really a shame that our law makers lust for money, revert back to ploys of Hitler, Stalin, 

· Sadam Husain, etc against its citizens. 

States That Have Implemented "NO IDLING LAWS" As of Sept 2010 

The link below will take you to the never ending up-dates. 

http://www .atri -online.org/index. php? option=com content&view=article&id= 164&! temid=7 0 

I've heard on the news several times that an organization for scientists (like the AMA is to doctors) 2500 of 

a little over 3200 scientists have resigned from the organization because Global Warming is a Total 

Farce. The earth is only going thru normal climatic change caused by the sun & solar storms, having NO or 

very little impact by man made innovations. 

4 
Although AI Gore and his media cronies endlessly bleat that "global warming" is an unprecedented global 

crisis, it is really a dream come true for liberals. If you look back, every election year the liberals create 

some kind of major crisis so that they can appear to be the good guys to solve the crisis. 

Why? Because "global warming" is the ideal scare campaign for leftist demagogues like Gore who are 

doing all they can to secure strict control over the economy and the minutest details of individual life. 

But now, in The Politically Incorrect Guide to Global Warming, 

Christopher C. Homer tears the cover off the Left's manipulation of environmental issues for political 

purposes- and lays out incontrovertible evidence for the fact that global warming is just more ChickenLittle hysteria. not actual science. 

If you are interested in more info, here are some links to more information. 

For a limited time, Human Events is making The Politically Incorrect Guide to Global Warming 

available to you ABSOLUTELY FREE. 

In your FREE copy of The Politically Incorrect Guide to Global Warming, you'll discover the real facts 

behind "climate change" hysteria, such as: 

• There is no "scientific consensus" on global warming 

• Climate is always changing- with or without man 

• The Medieval Warm Period was significantly warmer than temperatures today- and was a golden 

age for agriculture, innovation, and lifespan 

• Most of Antarctica is actually getting colder 

• Hurricanes are not getting worse- our tendency to build houses in their path is getting greater 

• Many big businesses lobby for global warming policies that will increase their profits-and our costs 

• The media only recently abandoned the "global cooling" scare perpetrated by the Liberals 

• The real agenda behind the "global warming" scare? A massive expansion of government control 

over the economy and our lives 

CLICK HERE to get your FREE copy of The Politically Incorrect Guide to Global Warming (and 

Environmentalism) today. 

http:/lparacom.paramountcommunication.com/ct/2247376:2557030401 :m: I: 114051492: I C9EE8901411B9 

90F69C5B895E09FBFA 

Sincerely, 

Thomas S. Winter 

Editor in Chief, HUMAN EVENTS 

5 
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W-80 

.. North Central Texas Council Of Governments 

March 1, 2011 

'Ms. Nina Castillo 

Texas Commission on Environmental Quality 

.. · Air. Quality Division, MC-164 · . , 

. , .. 

··,. 

P.O. Box 13087 

Austin, TX 78'71-1~ :3087 

. RE: Motor Vehicle Idling Rule Revisions C~mments - Docket Number 201 0-0878cRUL . , . r . . . . . . . . , 

Dear Ms. Castillo: 

.. The North Central Texas C~uncil of Go~ernments (NCTCOG) appreciates the opportunity io . 

comment on 'the Texas Commission-on .Environmental Quality's (TCEQ) Proposed Rulemaking 

Chapter 114, Control of Air Pollution from Motor Vehicles; Motor Vehicle. Idling Rule Revision; 

Rule ProjeCt N 0. 2009-054-114-EN; Docket Number 201 0-0878~R UL. As the Dalias-Fort Worth. · 

: (DFW) metropolitan planning organization, NCTCOG is tasked with implementing a large 

· ·oumber of control strategies in the DFW 8-Hour. Ozone Attainment Demonstration State 

·implementation Plan. One of these strategies is to promote adoptiori·and local enforcement of. ·. 

idling restrictions with.in the North Central Texas area.· As an advocate of idling restrictions, ?Jhd 

: as.an agency having .firsthand experience.assisting local government~ in adopting and.enforcing 

·such rules; NCTCOG. would like to provide the following comments on the proposed rule. · 

Items Proposed By the TCEQ: . ,· . . . . .. 

· . Enforcement Year Round: NCTCQG~uppoits extending idling re:strictions year round. _' · • 

· First, it would create less confusion for drivers in knowing when idling· restrictions are ln . · 

place.• ·Second, it would make the rule more consistent with the ozone season in the •·" 

. DFW area, which is currently from.March through October, and·is likeiyto'be e.xtended · .. 

, based upon the Environmental Protection Agency's (EPA) ruling on the revised. ozone · ' 

· .. standard in July 2011. Third, other pollutants, such.as particulate niatter (PM), nitrogen . • · . 

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dioxide (N02), and carbon dioxide (C02), cim have adverse effects anytime of the year · · ' .. 

and expandin'g idling restrictions to year round can assist mitigation of these pollutants to . 

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keep the region in'compliance withexisting and future standards. · 

Ex~mption fo~ Governm~nt:Mandated Rest-Period: NCTCOG ·does not Oppose 

reinstating the exemption for idling during a government-mandated rest-period so long·· 

as: 1) prohibition of idling in sensitive areas (such as neighborl)oods, school zones, and · 

· . hospitals) ·is maintained; and 2) State grant funding remains available to assist in the . 

. ·.purchase of idle reduction technology. WhileNCTCOG is sensitive to the needs of truck 

. drivers, it recognizes that the existence of this exemption does not createmotiva\ion for '" 

companies or drivers to minimize idli.ng or invest in tech.nology alternatives; therefore, it 

is recommended that if this exemption is reinstated, a two-year expiration also be 

included to allow for its reevaluation on· a regular basis: · · · 

Piohibition of Idling in Neiahborhoods, School Z~nes, and Near Hospitals: . 

NCTCOG Opposes the'iemoval of the prohibition· on idling in neighborhoods, school 

· zones, and hear hospitals.' If the government-mandated rest-period exemption is. . . . .. : . . . . . . - . . . . ) 

·. · 616 Six Flags Drive, Centerpoint Two 

· P. o.-sox 5888; Ai-llngton, Texas.76005·5BBB . · 

· (817) 640·3300 FAX'·B17-640-7B06 ® recychidpaper 

· · · ~ .. nctcog.Org ' -

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. . . . Ms.: Nina Castillo · March 1_, 2011 · 

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. Page Two· 

reinstat~d. th~ ~~~lth of persons in these sensitive. areas must co~tiriue 'to be protected: 

The legislatore.addedthis.prohibition to ensure that'pemj:lle in these sensitive areas •.. 

would not be exposed to exhaust from idli~g ve_hicles irres)Jective-ot wheth.er an idling . · 

occurrence would be exempt under§ 114.517: This prohibition can only be removed if. 

the govemrnent-mand~ted rest-period:exemption is also removed; as these. i~ems are ... , . not mutually exclusive. · · · · · · · . , · · · .. - . -·. . ' .. 

--··:.-

Exemption for Armored Vehicles: NCTCOG supports allowing-an exemptiordor in;.·.· 

. · . ·service armored vehicles due to idling being necessary to'providecomfort. and safety to 

: staff that must remain on boaid the closed vehicle. Because of security requirements, 

· these vehicles are often relatively neW;· and therefore. ·meet currentday oi near current ·•. 

day emissions siandards,. However, NCTCOGdoes support EPA's comnjerit related to , , 

, ..• theDFW State Implementation Plan (SIP)and urges TCEQ to identifj.technologies()r · ... ·· , 

' .. : : .. cither:alternatives that can be integrated .into armored vehicle operations or elsewhere tci 

' offset ihis decrease in emissions reductions, · · · · · · · · · ·. · · · · . , 

Additioiialltetn~ Supported . ·• ;;_ by NCTCOG: ' ;: ' . . : ' ' , _ .. 

. .-.. >: ,.- ·.: .. ~-.--:Fundi~~-~~~ 1the 'R~du~t_ion-J~thno_rog·y;·_: .,:.,CTCQ-G- 's_Up.Po·rt~ actiq-~·by-·theJ~CEQ:tO·: -· ·, _._,- .. . i ·permit Texas Emissions ReduCtion'Pian (TERP) furiding.for idle'redllctiori techn(Jiogy · 

. . • · : independent of whether idling oci::urs wit~ in a loca.f juri~di~tion thathas. adopted idling 

· :rules or not This ·stems .from TCEO's ioterj)reia'tion cif"rriandated:' ancfwhetherthe rule · .. · · 

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· ·' · ' : · . requires that vehieles 'u.se idle reduCti()n tech.riolog( or ifit is simply requires tha! .·, ·• .. · ' · . 

, . . . vehicles "not idl~'- TCEQ interprets it as the former; NCTGOG the latter. TCEQ)s alsn: : . .. . .. ;- ;. 

currently in discussions on whether to continue funding on-board idle reduction :' . ., 

.. . technology projei;ts through theTER,P Program. -The.mairi reaso11·for hesitation is due .: · · , · · · · · 

• · ·. · ·to difficulty· verifying usage of oncboard idle reduction technology-inside verses outside of.. · , . 

' jurisdiction~ that have adopted the rule._ Therefore, action allowing TERP funding for idle .. · ... 

·_:·,·;'• ,_'· . . reduction technology projects, irrespective of idli~g restriction status, would be a ,huge .·• ' 

, · penefit to.the industry and would untie TCEQ's hands when'it comes to funding and. . , .· · . . -··. 

·. ~--- ,. 

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. ' ',_ ·,-... · verifying usage. ··It would alsci provide an incentive for drivers ~o. purchase idle reduction • 

'technology and for companies to install cin:site electrific*i(Jri; instead 6tsimply having ... · ... ·. ' . ·.•1 

·. ·· ·· · ·drivers stop in. areas without idlingrestrictions .. ; . · . · . : ...• · · · • · ·-· · . · . ·' , · 

. :'. 

fnclu~lo~ of Addition~! V~hlcle Clas~e~: -NCTdOG. supports e~iendin'g idlir:ig ·_ . • . . .. .. . 

restrictions to-include .a(jditional V!lhicle classes. The current rule is. 'applicable to truck~ .. 

with a gross vehh;:le weight rating (GVWR) of 14,000 poun~s. or greater,which . . . . 

·incorporates class4 and heavier vehicles .. However; there ·is a large:po)lulatiori of . : .· • · 

·' ._- . _· .. '_ ~: 

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·. ~ . .· . .... commerCial medium-duty vehicles in the 6,000 tCJ 14;00.0pqund GVWR range that is still · 

. . ' allowed to idle underthecurrent rule: lnttie DFWregion; there: are CJVer365;0oo ·· · __ · 

·registeie~ class• i-3 vehicles, both pe'iisonal and commercial; which includes delivery.· 

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i :vetiicles, half~ton· and larger pickup trucks,·andlarge.suv5: 'While heaY}I-duty· vehicles 

do ccintribute.a significant amquntto·regionalmotor vehiele·emissicins, these lighter'· : 

.··.·weight vehicles should not be overfoqke~. 'as·they arefresponsible fo'rrearly 45 tons-of 

nitrogen oxide~ (NOx) emitted p.erda~ and amoynt to roughly three,times the riumber of· 

· registered class 4 andlargertrucksin the State.. · ·· 0. ,, ·· · - · 

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· Exemption'.tor ''C,ertified Cleiui Idle" Engines:· NCTCOG supp~rts an e~empti~n'for · 

. vehicles powered by ''Certified Clean Idle': engines.· There .an9 currently nci restrictioris . 

. :on what idle reduCtion technology can be Usl;ld_!o.complywitf.i t~e rule .. bne of the most . .- .• 

. common o.f .such .tech~ologies is auxiliary pow!lr units (APUs), which emit ori average.· · ·.- .. · - '· · ' . . . . . . . . . .. .· ' . ' ' . 

. ,_ 

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~-, ···. ,.., 

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:-' 

Ms. Nina Castillo· · 

Page Three 

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March.1, 2011 

b.eiweeri 37 and 74 grams ~f NOi per hour.. Yet, TCEQ does not recognize ''Certified 

ciean Idle"' engin~s. which are certified by the California Air Resources Board (¢ARB) to·· 

·emit less than 30 grams of .NOx per hour when idling, as an approved technology,· .. · · 

.· . . .. 

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because the rule applies to the 'primary propulsion engine of a 'motor vehicle" · :. · .. · . : . 

irrespective pf any technology' improvements Or-upgrades. Therefore, NCTCOG strongly···. . · .. ··' 

encourages TCEQ to' consider an exemption for vehicles powered by "Certified Clean · 

:"Idle" engines as they pollute less than many idle reduction. options currently' allowed . : · • 

.. under the rule and would.eliniinate the demand on drivers to have duplicative technology .. · 

· .· to comply wjth various state's idling rules. In <tddition·, many other states alreacjy·allow ... · . . ·: ~ ., 

· · · exemptions for .. ~Certified Clean Idle". engines, and Texas· shoUid'follow suit. ,Vehicles . : · 

·.··I 

.. -.· 

. .. powered by '.Certified Clean Idle" engines are clearly marked by holographic stickers on: . •·· .. 

'the vehicle cab, which facilitates .. identification for enforceine'nt purposes. . : . . . . . . ,'-"_. ·• .-· ... • ·," ·· ~ · .· ... - · · - ':· ·. · · . ~ • . ··- ·. •• . ·. :· ·· - · - . · ' ·. · . .. - r· ·, · .. ; ·,· · ,._ ·, -· 

· ·.• Enforcement as a Class C Misdemeanor-: NCTCOG supports specifying !hat 

enforcement can o.ccur as a class C misdemeanor, as opposed to a class .S ·.·. . ... 

. . misdemeanor, which is currently stipulated !or counties as. no fine is assoCiated with • . ., . 

,_,_ ·' 

· violating the rule. T~is ni'akes enfqrce{Tler\t difficult for counties liS it requires offic_ers to:-· · · · 

go before-a cciunty jUdge prior to. being able to issue a citation: -lt:is rec.omniended thaf :·• ,., · 

·:, . §7.117(dj of the Water Code be modified to read ;;~s follows.· "A person who 'vioi~tes a . · · 

. , .... , "iocally enforced motor yehicle idling Jimitation in Title 30 of the Texas Adr:nin[strative . ' · .. ' · · 

·: ·.>: :·. Code-commits·a clas.s·c misdemeanor offense. An qffense.in this• subsection may be·· . ·: , . 

,, : :. prosecuted eith'EirimderthiSsubsEictiori or any other:prpvisiOn of SeciionT177 ofjtiis. : ·. \: :: :: ", 

. .. -~: 

.,·· ._.,._ 

· ... code ... : . . . . . . . ,..... . . •. • ' ... ·... . ·: ... -.. . . : . 

. , . : / . 0: Proh.lbl~io~ of I!IHrig at Railroa~ Crossings: . A loc~i-goVe~~rne~t.in·N~rth Central .:·. ·· .·. • .. 

. . . Texas ha.s suggesteifth~t TCEQ considerprol)ibiiingjdling afi"<~i.lroad crossings as p~rt ·. · ..•... 

... . · of the idling limitations rule. Tris is being recommended .as <~riother W<IY to curb . :·-: ... 

... 

-·'. 

. , ... 

.... 

.::> 

. -·-. ~ 

'.··· 

. ·.' 

.. · eniissionsfroin .. unn'ece.·ssary idling.• · >. · · · : · . • . , · :'•,..: ·:. .. · .. i . . . . ' . ' ' . . - ' . . .. . ' " ; :, . ~ . . .; " ' ~ . . . ' " ' ' : ' . . ' ' ' 

Thank 'you for this opport(Jnity to comment:. We lopk forward tp a .continued partnership with the · i: · : · TCEQ as we work_ together towards the cOni IT) on goal of cleaner air.. ShptM you have any··. · •· · ·, · · 

· questions, pi ease contact.Arnanda Brimmer at (617) 606-23.~4 or bririinier nctco ;or : • ' ' · · . , ... •·• • • • • :_ ·. ,. •. ' ' ' • • - •. , - • • ' . . . ••• -_ ! .' . ·-: ' .• 

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'···' : .'· .. 

'i ·, · . 

.·,·. 

·:·· . . , . 

. ·j· • 

. ' . : 

' ' .. 
March 8, 2011 

Michael Parrish, MC 205, 

Office of Legal Services 

Texas Commission on Environmental Quality 

P .0. Box 13087 

···--- -- --A"s·tin;-'fexas-781'1:1 "3087 

Re: Rule Project No. 2009-054-114-EN (Truck Idling) 

Dear Mr. Parrish: 

W-81 

Oklahoma Tank Lines/United Petroleum Transports is a family business founded by Keith Price of 

Oklahoma City in 1966. He started with one truck and we now operate over 560 vehicles and have in 

exc:ess of 800 associates, including 650 professional truck drivers. Approximately half of our associates t"·· ;_ ~ ,._, __ ;_. __ \ . - ' 

c~rrently :reside in the state of Texas. We are proud to serve the petroleum refining, marketing and .. ·I'· .. 

chemical manufacturers and distributors throughout Texas and the central southwest United States . 

. ,_ 

I am writing you today to voice my SUPPORT for the proposed rulemaking project referenced above 

which would retain the current exemption allowing trucks to idle in order for the drivers to obtain 

government manilated rest. With soaring diesel prices over $3.50 per gallon, we would certainly prefer 

our ·trucks not idie at .. a·ll. The additional wear and tear also. shortens the life of our engines. However; 

quality, ten;~perature controlled rest for drivers in extreme heat climates such as Texas is the best 

proactive =means to fight drowsiness, foster alertness and to ensure all drivers are well rested. I 

sincerely hope that this rulemaking can be finalized before the hot summer nights are upon the state. 

Thank you for your time and consideration of this important issue. ,-

·' .. 

. ., '. 

OKLAHOMA TANK LiNES ·. ·' · ... · 

UNTIED 'PETROLEUM· TRANSPORTS· .. '·.· .. ,. 

l!_l_:-_ 

. '·'•-· 

:-:,•· 

';., ., :· 

.. ··.· ·.~. L, .• :~·, ... ·.·.:;0 ' .. 0····.·~---' " __ : __ :~::;, :.rTF""\ . . I. ' • 

·:- ··.· .' ___ .. ,.. · . 

•.-:· _.;.:-· 

.. , .. 

·•,: 
March 8, 2011 

Michael Parrish, MC 205, 

Office of legal Services 

Texas Commission on Environmental Quality 

P.O. Box 13087 

Austin, Texas 78711-3087 

Re: Rule Project No. 2009-054-114-EN (Truck Idling) 

Dear Mr. Parrish: 

W-82 

Oklahoma Tank lines/United Petroleum Transports Is a family business founded by Keith Price of 

Oklahoma City in 1966. He started with one truck and we now operate over 560 vehicles and have in 

excess of 800 associates, Including 650 professional truck drivers. Approximately half of our associates 

currently reside in the state of Texas. We are proud to serve the petroleum refining, marketing and 

chemical manufacturers and distributors throughout Texas and the central southwest United States. 

I am writing you today to voice my SUPPORT for the proposed rulemaklng project referenced above 

which would retain the current exemption allowing trucks to idle in order for the drivers to obtain 

government mandated rest. With soaring diesel prices over $3.50 per gallon, we would certainly prefer 

our trucks not idle at all. The additional wear and tear also shortens the life of our engines. However; 

quality, temperature controlled rest for drivers in extreme heat climates such as Texas is the best 

proactive .means to fight drowsiness, foster alertness and to ensure all drivers are well rested. I 

sincerely hope that this rule making can be finalized before the hot summer nights are upon the state. 

Thank you for your time and consideration of this important issue. 

Respectfully, 

OKLAHOMA TANK UNES 

UNITED PETROLEUM TRANSPORTS 

If!~~ Matthew Price· · 

Interim COO 
March 8, 2011 

Michael Parrish, MC 205, 

Office of Legal Services 

Texas Commission on Environmental Quality 

P .0. Box 13087 

Austin, Texas 78711-3087 

Re: Rule Project No. 2009-{)54-114-EN (Truck idling) 

Dear Mr. Parrish: 

W-83 

Oklahoma Tank Lines/United Petroleum Transports is a family business founded by Keith Price of 

Oklahoma City in 1966. He started with one truck and we now operate over S60 vehicles and have in 

excess of 800 associates, including 650 professional truck drivers. Approximately half of our associates 

currently reside In the state of Texas. We are proud to serve the petroleum refining, marketing and 

chemical manufacturers and distributors throughout Texas and the central southwest United States. 

I am writing you today to voice my SUPPORT for the proposed rulemaking project referenced above 

which would retain the current exemption allowing trucks to idle in order for the drivers to obtain 

government mandated rest. With. soaring diesel prices over $3.50 per gallon, we would certainly prefer 

our trucks not idle at all. The additional wear and tear also shortens the life of our engines. However; 

quality, temperature controlled rest for drivers in extreme heat climates such as Texas is the best 

proactive means to fight drowsiness, foster alertness and to ensure all drivers are well rested. I 

sincerely hope that this rulemaking can be finalized before the hot summer nights are upon the state. 

Thank you for your time and consideration of this important issue. 

Respectfully, 

OKLAHOMA TANK UNES 

UNITED PETROLEUM TRANSPORTS 

:~ Hm~~" 01 

Vice President/CFO · ~ L •.. . .... ~. 

:"' .... ~ 
March 8, 2011 

Michael Parrish, MC 205, 

Office of Legal Services 

Texas Commission on Environmental Quality 

P.O. Box 13087 

Austin, Texas 78711-3087 

Re: Rule Project No. 2009-054-114-EN (Truck Idling) 

Dear Mr. Parrish: 

W-84 

Oklahoma Tank Lines/United Petroleum Transports is a family business founded by Keith Price of 

Oklahoma City in 1966. He started with one truck and we now operate over 560 vehicles and have in 

excess of 800 associates, including 650 professional truck drivers. Approximately half of our associates 

currently reside in' the state of Texas. We are proud to serve the petroleum refining, marketing and 

chemical manufacturers and distributors throughout Texas and the central southwest United States. 

I am writing you today to voice my SUPPORT for the proposed rulemaking project referenced above 

which would retain the current exemption allowing trucks to idle in order for the drivers to obtain 

government mandated rest. With_ soaring diesel prices over $3.50 per gallon, we would certainly prefer 

our trucks·not idle at all. The additional wear and tear also shortens the life of our engines. However; 

quality, temperature controlled rest for drivers in extreme heat climates such as Texas is the best 

proactive means to fight drowsiness, foster alertness and to ensure all drivers are well rested. I 

sincerely hope that this rulemaking can be finalized before the hot summer nights are upon the state. 

Thank you for your time and consideration of this important issue. 

Respectfully, 

'Oft'., . ··.· .. ' - . '. . - .. 

' ... · ...• ~..;, ' ·, -~-

' ;.-..... -.. 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

SUbject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 2:10 PM 

Fwd: 2009-0S4-114-EN 

>>> TRRules 3/10/20111:1S PM >>> 

>>> <loveone213@yahoo.com> 3/10/201111:SS AM >>> 

03/10/201111:SS AM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Davida 

Last Name: Wing 

Company/Organization: OOIDA 

E-mail Address: loveone213@yahoo.com 

Street Address: 10718 Firefox Den 

City: San Antoine 

State: Tx 

Zip Code: 7824S 

Phone Number: 484-919-6839 

Fax Number: 1-740-S39-1918 

Rule: 2009-0S4-114-EN 

Comments: 

I Proposal to allow the truckers to have the right to Idling wild restiing in sleeperberth and help 

Page 1 of 1 

W-85 

the truckers to stay on the road. For we are the back bone this country and we need to help keep this country 

running, and allow people that pay taxes the right too work. 

fi1e://C:\WINDOWS\Temp\XPgrpwise\4D78DBD2TNRDOM20EPAAP010016E747916... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 10:23 AM 

Fwd: 2009-054-114-EN 

>>> TRRules 3/10/201110:00 AM >>> 

>>> <simplitrucking@embarqmail.com> 3/10/2011 5:04AM>>> 

03/10/2011 05:04 AM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Rickey 

Last Name: Simpson 

Company/Organization: Panel Truss 

E-mail Address: simplitrucking@embarqmail.com 

Street Address: 205 E Salyer St 

City: Overton 

State: Tx 

Zip Code: 75684 

Phone Number: 9033635472 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Page I of 1 

W-86 

I am glad the state may consider allowing idling in order to help truckers obtain proper rest during federally 

mandated breaks. Truckers need their rest when they need it, not having to continue driving until there is a 

lawful place and posing a danger to them as well as others. 

Thank you. 

Rickey Simpson 

file://C:\WINDOWS\Temp\XPgrpwise\4D78A694TNRDOM20EPAAP010016E7479168 ... 3/10/2011 
i 

I 

I 

-------···-------

63/69/2611 16:51 7138029147 

PAPPAS BAR-8-Q 

DOT COFFEE SHOP 

YIAYIAMAF!Y"SPAPPASGREEKKITCHEN 

PAPPAS BROS. STEAKHOUSE 

PAPPAS BURGER 

SUMMER WAREHOUSE 

Texas Commission ofEnvkonmental Services 

Office of Legal Services 

ATTN: Mt Michael Pomall MC 205 

POBox 13087 

Austin; TX 78711-3087 

FAX: [5 !2] 239-4808 

RE: Rule Project Number 2009-054--114-EN 

PAGE 01/61 

PAPPASITO'S CANTINA 

PAPPAS GRILLSTEAKHOUSE 

PAPPADEAUX SEAFOOD KITCHEN 

PAPPAS SEAFOOD HOUSE 

March 9, 2010 

W-87 

Exemption of motor vehicle idling for heating or alr-eonditioning for sleeping blrlbs. 

Dear Sin;: 

Pappas urges that this rulemaking be fittalized before the bot summer nights are upon the 

state. 

Pappas Restaurants, Inc operates as an USDOT intra-state earner for the transport of its 

own fresh sea food, other refrigerated food products, and freigb.t .from its Houston 

Distribmion Cc:nl:el: to our restaurants in Austin, San Antonio, and Dallas. 

The round-trip mileage aJld delivery time practicalities prohibit making these deliveriesand retum in a sillglc day, according to USDOT f.[ ours-of-Service work-day limitations. 

The limitations of Fcdetally-mandated-rest periods requires the drivers to depart one 

evening, sleep over night in the sleeper births, to be able to make their deliveries and 

return to H.ouston the next day, 

The sleeper births air-conditioning and beating systems are powered by idling the Truck 

Tractor engine. 'I'b2 California Air Resources Board has determined that the NOx 

emissions of the primary engine is equivalent to the most prevalent types of awdliazy idle 

reduction technology alternatives used today. 

The distnbution of fresh seafood is one of the key factors to Pappas' success, and its 

continuing ability to employ ofl 0,000 Texans to bring quality to the citizen of our state. 

Finalizing this rule ma1dng will continue to demonstrate Texas' balanced approach to 

practical solutions for the cl=-air and commerce needs of the state. 

Thank you for your consideration in. this matter. 

~inr~t6' ~ , () , /N'df:ifu 

General Manager 

i ~ ofF!ec::t Operations 

13939NOF!THWESTFRWY.~IOUSTON, TEXAS 77040 · (71a) 8651-0151 • FAX(713)869.49a2 • P.0.60X41557 HOUS10N, TEXAS n241-1S67 

,. 

I 

I 

I 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 10:24 AM 

Fwd: 2009-054-114-EN 

Page 1 of 1 

W-88 

--------------· -------·----------------------

>>> TRRules 3/10/2011 10:02 AM >>> 

>>> <rparker28@satx.rr.com> 3/10/2011 9:15AM>>> 

03/10/2011 09:15AM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Richard 

last Name: Parker 

Company/Organization: 

E-mail Address: rparker28@satx.rr.com 

Street Address: 21435 Bubbling Creek 

City: San Antonio 

State: TX 

Zip Code: 78259 

Phone Number: 210-264-6652 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Why are a group of people that has never been, or drove a commercial truck sitting in their office passing laws 

that they have no clue how it effects the drivers. It gets over 100 degrees in the truck and you expect us too 

sleep in that kind of heat, and actually sleep enough or be comfortable enough to drive and be alert on our next 

driving session.Its these laws that our elected officials are trying too pass that makes drivers dangerous for my 

family and your family on these highways by trying to be alert when their driving after a night of restless sleep 

due to the fact that we cannot run our AIR CONDmONER and get enough sleep. Why don't you try sitting in 

your car when its over a 100 degees outside, and 110 plus in your vehicle. Already your slowly taking away our 

ability to support our families by allowing the MEXICAN TRUCKS to come over and take our jobs, but you still 

don't seem satisfied until you take EVERYTHING away from us. 

file://C:\WINDOWS\Temp\XPgrpwise\4D78A6EDTNRDOM20EPAAP010016E747916... 3/10/2011 
Kathe Boothby - Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Joyce Spencer 

Booth by, Kathe 

3/9/2011 8:50AM 

Subject: Fwd: 2009-054-114-EN 

>>> TRRules 3/9/2011 8:39AM >>> 

>>> <lambert.kelli@heb.com> 3/8/2011 5:38PM >>> 

03/08/2011 05:38 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Kelli 

Last Name: Lambert 

Company/Organization: Parkway Transport, Inc. 

E-mail Address: lambert.kelli@heb.com 

Street Address: 5103 Rittiman Road Bldg 4 

City: San Anonio 

State: tx 

Zip Code: 78218 

Phone Number: 210 938 6564 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Page I of2 

W-89 

I am writing to voice my support of the TMTA and their effort to allow trucks to idle in order for the drivers to 

obtain government mandated rest. While our company is always striving to reduce idling we understand the 

necessity of a quality break time. The fact that these break times are mandated by the government, for 

everyone's safety, makes it even more important that the laws be written in order to insure that a driver can 

benefit from a comfortable rest period. In Texas, comfortable can rarely be obtained by sleeping in a vehicle 

day or night without some type of air conditioning or heating system. This does not even account for the safety 

of our drivers, if they attempt to rest with their windows down to allow proper ventiliation. 

•Truck drivers have traditionally relied on idling the main engine to provide heat, air conditioning and electrical 

power to their sleeper berths during federally-mandated rest periods. Drivers who use their sleeper berths are 

required to spend at least eight hours in their sleeper berth - necessitating a comfortable sleeping environment. 

•Since 2008, nearly every model of heavy-duty diesel engine, the types of engines found in trucks with sleeper 

berths, has been certified by the California Air Resources Board to an idle emissions standard for NOx which is 

equivalent to a diesel-fired auxiliary power unit. In other words, the idling of these primary engines produces 

the same level of NOx emissions as the most prevalent type of idle reduction technology used today. The 

industry is working to recognize this in Texas as well with the legislature this session (SB 493 this session). 

•With rising fuel prices and the emergence of less fuel consuming alternatives, a growing interest in idle 

reduction technologies can be found among trucking companies. A variety of idle reduction technologies exist, 

including fuel-fired heaters, battery-powered air conditioners, auxiliary power units, truck stop electrification and 

other systems. Given this variety, trucking companies must evaluate which systems work best for their needs 

based on the amount of use needed and the types of conditions encountered. 

file://C:\ WINDOWS\Temp\XPgrpwise\4D773F3BTNRDOM20EP AAPOI 0016E7479167 ... 3/9/2011 
Page 2 of2 

• The cost of idle reduction technologies can range from less than $1,000 to nearly $10,000 depending upon the 

system and the capabilities. The upfront cost of these technologies represents one of the most significant 

barriers to deployment, particularly for systems which provide air conditioning and tend to be more costly. 

Drivers are valuable commodities, they provide us with the products we use everyday. We need to insure that 

they receive the proper amount of quality rest so that they are in compliance with mandated government sleep 

requirements. Thank you for your consideration. 

Regards, 

Kelli Lambert 

Parkway Transport, Inc. 

San Antonio 1X 78218 

TMTAMember 

file://C :\WINDOWS\ Temp\XPgrpwise\4 D773F3 BTNRDOM20EP AAP01 00 16E74 79167 ... 3/9/2011 
03/05/2011 09:29 AM 

First Name: Alberto 

Last Name: Payan 

Company/Organization: Payan Express Transportation Services, Inc. 

E-mail Address: albert4242@hotmail.com 

Street Address: PO Box 940065 

City: Houston 

State: Tx 

Zip Code: 77094 

Phone Number: 9157272110 

Fax Number: 8888691873 

Rule: 2009-054-114-EN 

Comments: 

VV-90 

Sometime in October of 1999 the air conditioner of the truck I was driving was 

not working. I attempted to drive from Houston Texas to Albuquerque New Mexico. 

I did go to the sleeper for 8 hrs and attempt to get some sleep but because of 

the heat and humidity I was not able to sleep very much at all. On the way up 

to Albuquerque on Hwy 285 I laid my truck over on its side. Since it was a 

flatbed truck all of the cargo went all over the road and the truck and trailer 

blocked the North and South bound side of Hwy 285. Two trucks were coming 

southbound and since this happened around JAM they were not able to see my truck 

and both went off the road but luckily only suffered minor damage. I realize 

that on the face this has little to do with idling but this has everything to do 

with quality of rest. If you do not allow truckers to use the safety equipment 

provided to them then that equipment has no use. When you are in Houston and 

the temperature is over 100 at that point your truck's air conditioner becomes a 

piece of safety equipment. Driver must idle in order to allow them to comply 

with the FMCSA rule on hours of rest or they will be inside the truck stops 

watching television or doing anything else but getting the required amount of 

sleep. 

This is my first had experience as a driver and not an opinion. 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 10:19 AM 

Subject: Fwd: 2009-054-114-EN 

>>> TRRules 3/10/20119:53 AM>>> 

>>> <phaganjim@netscape.net> 3/9/2011 5:30PM>>> 

03/09/2011 05:30 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Jim 

Last Name: Phagan 

Company/Organization: Phagan Express of Texas 

E-mail Address: phaganjim@netscape.net 

Street Address: 303 Shelby Lane 

City: Grand Prairie 

State: TX 

Zip Code: 75052 

Phone Number: 817-371-8728 

Fax Number: 972-262-4945 

Rule: 2009-054-114-EN 

Comments: 

Page 1 of 1 

W-91 

I am leased to a carrier which makes deliveries in the Dallas/Fort Worth area. We are in and out of our trucks in 

scorching heat in the summer months. We unload the product using a moffit (fork lift) off of a flat bed truck to 

houses and businesses. This can take anywhere from 20 to 30 minutes. Summer months are very busy and 

drivers put in 10 hour days. We deal with bad roads that are crowded with bad drivers. This idling rule puts an 

additional burden on drivers that we don't need. 

I would also like to add that the true problem causing polution in the Dallas/Fort Worth Metroplex is the 

intransigient attitude of the surrounding communities that prevents this area from having a comprehensive 

public transportation system. My wife grew up in a Minneapolis suburb back in the SO's and 60's and even back 

then you could ride a bus from the furthest western suburb of Minneapolis to the furthest eastern suburb of St. 

Paul and north and south and all the way around. You might have to change buses a few times. but you could 

get anywhere. They had clean air in Minneapolis. 

As far as the sleeper trucks, they are required by federal law to have a 10 hour break. This would be impossible 

if they are freezing in 40 or below, or burning up in 90 - 100 degree temperatures inside the sleeper. 

Please consider the problems you may be causing, and what other possible solutions that you could find. 

fi1e://C:\ WINDOWS\ Ternp\XPgrpwise\4D78A5BFTNRDOM20 EP AAPO 100 16E7 4 7916... 3/10/2011 
From: 

To: 

Date: 

Subject: 

<karen@brewertrucking.com> 

<karen@brewertrucking.com> 

3/11/2011 12:45 PM 

2009-054-114-EN 

03/1112011 12:48 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Karen 

Last Name: Brewer 

Company/Organization: Phil Brewer Trucking 

E-mail Address: karen@brewertrucking.com 

Street Address: 3726 FM 1287 

City: Graham 

State: lX 

Zip Code: 76450 

Phone Number: 9405498404 

Fax Number. 

Rule: 2009-054-114-EN 

Comments: 

I am a trucker and I know how important it is to get quality rest. There is no way to stay in 

the sleeper berth without idling my truck to stay cool or wann during this government mandated 

rest period. 

W-92 

I am asking now, to please retain the exemption for a motor vehicle when idling for heating or air conditioning while a driver is using 

the vehicle's sleeper berth for a government-mandated rest period. This exemption concerning idling a truck needs to be year 

round. 

Thank you. 

Karen Brewer 
From: 

To: 

Date: 

Subject: 

<karen@brewertrucking.com> 

<karen@brewertrucking.com> 

3/11/2011 12:51 PM 

2009-054-114-EN 

03/11/201112:55 PM 

This email is a confirmation of the comment that was submined for the referenced rulemaking. 

First Name: Phil 

last Name: Brewer 

Company/Organization: Phil Brewer Trucking 

E-mail Address: karen@brewertrucking.com 

Street Address: 3726 FM 1287 

City: Graham 

State: TX 

Zip Code: 76450 

Phone Number: 9401942 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

W-93 

Retaining the rule concerning idling your truck is very necessary. There is no way to get any rest in the sleeper berth if I can not idle 

my truck for heating or cooling. If there is some question, 

I will let, whomever is making this decision sleep in my sleeper without idling so he/she can see 

what I am talking about. 

Please retain the exemption-year round. 

Phil Brewer 
To: +1-5122394808 Page 1 of 1 2011...()3-10 05:28:43 (GMT) 15752087208 From: larry plunkett 

FAX COVER SHEET 

W-94 

TO +1-5122394808 

COMPANY 

FAXNUMBER 15122394808 

FROM larry plunkett 

DATE 2011-03-10 05:28:28 GMT 

RE 2009-054-114-en 

COVER MESSAGE 

Dear madam sir I have to ask you ,wuld you leav a dog or a 

child in a hot car in Austin or Houston ? if no why shuld 

I have to stay in one my truck is my home away from home 

fed ruls 395.13 state that I may drive no more than 11 hrs 

no more than 14 totle this is my situation I arive in 

Austin on Dallas three out of four stops compleated one to 

go no taxy sevice no motel for miles around I can nolonger 

drive untill lOam next morning no mater what I have no 

choise l:>ut to stay wher I am it is 98" lOO"humidity I need 

my airconditioner to sleep pleas amend my sleeper l:>irth 

exemption thank you LARRY PLUNKETT PLUNKETT TRUCKING 1824 

tanner dr Brownfeild Tx 79316 806-891-9786 

YNNt.etax.com 
Kathe Boothby - Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 10:22 AM 

Fwd: 2009-054-114-EN 

>>> TRRules 3/10/2011 9:57AM >>> 

>>> <fwy199@aol.com> 3/9/2011 9:22PM>>> 

03/09/2011 09:22 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: johnny 

Last Name: poindexter 

Company /Organization: 

E-mail Address: fwy199@aol.com 

Street Address: 7909 ella young drive 

City: fort worth 

State: tx 

Zip Code: 76135 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Page 1 of I 

W-95 

i do not live in a truck anymore but i do make my living driving one. how can anyone force a human being to 

sleep in a truck during the heat or the cold in texas? i do believe it is against the law in texas to leave a child in 

a hot car. if it is not it should be against the law to leave a dog or cat in a hot car. how do these cities expect a 

person to live in an enviornment not fitting for children nor pets? many do not understand these trucks are 

many drivers homes. i respectfully ask you ,those that are about to vote on this, to try for one day to subject 

yourselves and your family to live like you thank the people that deliver your goods should. i bet you cannot 

take it. sleep well tonight. sleep in your a/cor heated home. some peoples homes are on eighteen wheels. 

thank of your family and be grateful. be grateful you do not have to do what these fine people have to do 

everyday just to take care of their family. their reasons are many. please do not disgrace the many men and 

women that have to work for a living to take care of their familys. please do not make them live in an 

environment that you, yourself or your family would never have to. think about it! 

fi1e://C:\WINDOWS\Temp\XPgrpwise\4D78A662TNRDOM20EP AAP01 0016E7479168... 3/10/2011 
Page I of I 

Kathe Boothby- Fwd: 2009-054-114-EN 

From: Joyce Spencer 

To: Boothby, Kathe 

Date: 3/10/2011 9:47 AM W-96 

Subject: Fwd: 2009-054-114-EN 

----·······------···------------

>>> TRRules 3/10/20119:45 AM >>> 

>>> <pressinoimc2@sprint.blackberry.net> 3/9/2011 3:32PM >>> 

03/09/2011 03:32 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: curtis 

Last Name: jenkins 

Company/Organization: pressinoninc 

E-mail Address: pressinoimc2@sprint.blackberry.net 

Street Address: 10217 lomade st 

City: el paso 

State: tx 

Zip Code: 79924 

Phone Number: 915 799 9066 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

We need to be able to idle our trucK to be able to rest for a full ten hours and when we are off .. some trucks is a 

driver home 

And need to run the truck for comfort 

file://C:\ WINDOWS\ Temp\XPgrpwise\4D789E29TNRDOM20EP AAPO I 00 16E7479168... 3/10/20 II 
March 10, 2011 

Michael Parrish 

MC 205, Office of Legal Services 

Texas Commission on Environmental Quality 

P. 0. Box 13087 

Austin, Tx. 78711-3087 

Subject: Rule Project Number 2009-054-114-EN 

QUEEN MOVING & STORAGE CO. 

Agent for Wheaton Interstate Moving 

W-97 

This letter is in support of the proposed changes by TCEQ to retain the exemption 

for heating or air conditioning for a tractor while a driver is using the vehicle's 

sleeper berth. 

We do not like to have our drivers run their engines while their equipment is idle. 

We do, however, recognize that drivers need adequate rest, required by 

government regulations, and we do not feel this is possible if they are too hot or 

too cold. 

Although we dorecogni~e ~hat the environment is affected by idling we believe 

that well rested drivers contribute to safer driving. Also, we do not believe that 

with the high cost of fuel they will idle their engines any more than absolutely 

necessary. 

We strongly support the proposed changes. They are needed and we trust that 

the changes will be made. 

Queen Moving & Storage Co. 

e:~3~.· Charles B. ' 

Boydstun,~ . . '· 

W!J1111111n 

WORLD WIDE MOVING 

m move yaur lifo" 

620WEST 6TH ST I HOUSTON,TX I 77007·2422 

phone 713 223 8166 I toll free 800.653 7928 1 fax· 713 868.4246 www.queenmoving.com 
From: 

To: 

Date: 

Subject: 

<cadalic64@hotmall.com> 

<cadalic64@hotmail.com> 

3/10/2011 8:44 PM 

2009-054-114-EN 

03/10/2011 08:51 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Randy 

Last Name: Bundy 

Company/Organization: Randy Bundy Trucking 

E-mail Address: cadalic64@hotmail.com 

Street Address: 836McKinnon 

City: East Liverpool 

51ate: oh 

Zip Code: 43920 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

W-98 

My hat off to texas for understanding that a driver can rest better when he/she is able to idle there truck to run the heater or the ac. 

for i would not like a unrested trucker on the highway with my wife or children thank you 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 2:10 PM 

Subject: Fwd: 2009-054-114-EN 

>>> TRRules 3/10/2011 1:17PM>>> 

>>> <roncoultas@yahoo.com> 3/10/2011 11:49 AM>>> 

03/10/2011 11:49 AM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Coultas 

Last Name: Ron 

Company/Organization: RCL Trucking 

E-mail Address: roncoultas@yahoo.com 

Street Address: P.O. Box 161245 

City: Arlington 

State: TX 

Zip Code: 76161-1245 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Page I of2 

W-99 

Please pass the exemption that will allow truck idling when the driver is in the sleeper birth and needs air 

conditioning or heat to get the rest needed .... it's a safety Issue that has dire consequences for the general 

public. It is absurd to have laws against idling trucks when drivers MUST idle their trucks in order to get the 

rest they need. LOTS OF OTHER ENVIRONMENTAL POLLUTION IS OVERLOOKED BY STATE AND FEDERAL 

GOVERNMENTS. The way the trucking industry is run now with so many sleeper cabs, truckers have no 

option ... they must idle their trucks to get the rest they need. 

Large trucking companies and manufacturers of commercial trucks have designed trucks with sleeper births with 

no way to cool or heat them .... other than idling the truck. The drivers, with the trucks they are provided, have 

no other option but to idle the truck to get their rest. DOES IT MAKE ANY SENSE TO PENAUZE THE DRIVERS?! 

If you want the air conditioning and heating systems to run off auxiliary power units, then consider requiring 

commercial truck manufacturers to design cabs that provide air conditioning and heating without idling the 

truck. Just so you know, commercial trucks have the software that will start the truck when the temperature in 

the truck cab reaches a designated temperature. Battery powered heating and cooling systems for these truck 

cabs could be recharged by automatically starting the truck when the batteries that cooljheat the truck cab run 

low on power. Not a perfect solution, but it would cut idling time easily by 75%. That would be a tremendous 

saving of fuel and air pollution! 

Harassing truck drivers for idling trucks while they are in the sleeper birth is a typical, ridiculous governmental 

law that makes no sense and is a major public safety issue as well. Please show that you can make intelligent 

file://C:\WINDOWS\Temp\XPgrpwise\4D78DBDBTNRDOM20EPAAPOI00!6E747916 ... 3/10/2011 
Page 2 of2 

decisions in the State of Texas ... don't follow blindly behind examples set in other states. Let's think innovation. 

It's a simple problem to solve. And the federal subsidies paid to giant oil companies could be diverted to fund 

changes that could drastically reduce idling times for commercial trucks when drivers are resting in sleeper 

births. 

Take the lead on this one, Texas .... don't be a follower! 

FOR NOW, DON'T MAKE IT ILLEGAL TO IDLE A TRUCK WHEN THE DRIVER IS IN THE SLEEPER BIRTH! 

Thank you for your time. 

Regards, 

Ron Coultas 

file://C:\WINDOWS\Temp\XPgrpwise\4D78DBDBTNRDOM20EPAAP010016E747916 ... 3110/2011 
From: 

To: 

Date: 

Subject: 

<pattyreed2@embarqmail.com> 

<pattyreed2@embarqmail.com> 

3/11/2011 10:09 AM 

2009-054-114-EN 

03/111201110:13AM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Patty 

Last Name: Reed 

Company/Organization: Reed's Sand & Gravel, LLC 

E-mail Address: pattyreed2@embarqmail.com 

Street Address: 1725 N. Seven Points Dr. 

City: Kemp 

State: TX 

Zip Code: 75143 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

W-100 

Sure seems to me like the trucking industry is being forced into extinction. Fuel prices kill truckers by themselves, but now you're 

telling them that they can't sleep in air or heat! Communism! I think America will see what happens when the truck driving industry 

is extinct. America will shut down! 
MAR-09-2011 07:43 From:RTI E>ec 8176523444 To: 15122394808 

March 9, 2011 

JmFRIGERATED TRANSPORT, INC. 

(817) 652-4710 • Fax (817) 652-4414 

P.O. Box 6008, Arlington, 'I'X 76005 

Paoe:1'1 

W-101 

· Mr. Michael Parrish . VIA FAX (512) 239-4808 

MC 205, Office of Legal Services 

Texas Commission on; Environmental Quality 

P 0 Bol( 13087 . 

Austin, TX 78711-3086 

Mr. Parrish: 

Refrigerated Transport, Inc. bas provided· Texans with its refrigerated transportation needs since 

1947. We operate 59 trucks ofwbicb all are equipped with sleeper berths. In 2010, these trucks 

traveled over 2.5 million miles on Texas roads and highways. 

All of the drivers for Refrigerated Transport, Inc. follow the mandated rest periods required by 

both state and federal law. It is imperative that these drivers have a comfortable sleeping 

environment so they are well rested and alert when they continue on to their destination. That 

means there are times when their engines must be kept running to operate either an air 

conditioner or beater. 

Refrigerated Transport, Inc. supports the Commissions proposed amendments to 

§114.512.Control Requirements for Motor Vehicle Idling and §114.517.fu:emptions concerning 

motor vehicle idling. ' · 

Respectfully, 

David Bishop 

CEO 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 2: 10 PM 

Subject: Fwd: 2009-054-114-EN 

>>> TRRules 3/10/20111:15 PM >>> 

>>> <peterbilt747@hotmail.com> 3/10/201112:49 PM>>> 

03/10/2011 12:49 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Rex 

Last Name: Long 

Company/Organization: Rex Long Transport Co. 

E-mail Address: peterbilt747@hotmail.com 

Street Address: 18062 FM 529 #106 

City: Cypress 

State: 1X 

Zip Code: 77433 

Phone Number: 8322569438 

Fax Number: 281-550-9657 

Rule: 2009-054-114-EN 

Comments: 

Page I of I 

W-102 

For those of us who can not aford external power plants at the tune of $10,000 (give or take) this would be 

suicide. At temps as low in 1X alone in the teen's and as high as 100+ no driver or anyone else should be forced 

into that situation. PLEASE do not pass that rule. Thanks. Rex Long 

file://C:\ WINDOWS\ Ternp\XPgrpwise\4 D78DBC7TNRDOM20EP AAPO 1 0016E74 7916... 3/10/2011 
Mar. 9. 2011 !0:34AM Skinner Transportation No. 5039 P. 2 

MR. Michael Parrish 

MC205 

Office of Legal Services 

Sti 

Skinner Transportation, l'nc. 

"Wh6rtr &rc;;ice Hegill$"' 

Au.r.in. ~ Cli.{hJn. • New Broun.fel.t .. Sa~ti:n.aw 

Texas Commission on Environmental Quality 

Post Office Box 13087 

Austin, Texas 78711-3086 

Mr. Parrish: 

Skinner Transportation Inc. has operated for more than twenty years thought the state of 

Texas, the continental United States and Canada. 

W-103 

We operate more than Seventy Five units of equipment which are all sleeper-equipped. These 

units travel both on an Intrastate and Interstate basis thought the entire State of Texas. 

Whllewe do not condone idling as a general rule, we do support Idling when our drivers are 

required to have mandated rest periods. We want them to have a comfortable sleeping 

environment to provide safer driving by being well rested and protect the traveling public by 

,being alert. 

We wanted to voice our support for enforcement year round for idling for heating or air 

conditioning for mandated rest periods and not for other purposes. We will greatly appreciate 

your consideration of providing this exemption. 

Sincerely yours 

Gerald Gutierrez 

Uquld Division Manager 

.-J ---~ ' --"'.·•t;, ... ~ 1- / . . . : ll /7 .) . /, t / /)..AJ! u ..... ·· .'/'"'' ~ .............. ......_.... L_ .. 

_..---· 
Mar. 9. 2011 8:37AM 

MR. Michael Parrish 

MCZOS 

Office of Legal Services 

Skinner Transportal ion 

Sti 

Skinner Transportation. Inc. 

"'Wiu:ro St~vice l!egi.mc-.; 

.. 4.ustin. .. (..'llfton ... New n~""'un(ttkt- S!JI(in(U,D 

Texas Commission on Environmental Quality 

Post Office Box 13087 

Austin, Texas 78711-3086 

Mr. Parrish: 

No. 5032 P. 2 

W-104 

Skinner Transportation Inc. has operated for more than twenty years thought the state of 

Texas, the continental United States and Canada. 

We operate more than Seventy Five units of equipment which are all sleeper-equipped. These 

units travel both on an Intrastate and Interstate basis thought the entire State ofTexas. 

While we do not condone idling as a general rule, we do support Idling when our drivers are 

required to have mandated rest periods. We want them to have a comfortable sleeping 

environment to provide safer driving by being well·rested and protect the traveling public by 

being alert. 

We wanted to voice our support for enforcement year round for idling for heating or air 

conditioning for mandated rest periods and not for other purposes. We will greatly appreciate 

your consideration of providing this exemption. 

Sincerely yours 

,~A,?--- Steve Skinner, Owner& CEO 

President 
03/07/2011 11:25 AM 

First Name: Steve 

Last Name: Skinner 

Company/Organization: Skinner Transportation Inc. 

E-mail Address: steve@skinnertrans.com 

Street Address: 850 Ed Bluestein Blvd 

City: Austin 

State: Tx 

Zip Code: 78721 

Phone Number: 512.389.3311 

Fax Number: 512.389.0084 

Rule: 2009-054-114-EN 

Comments: 

VV-105 

0 

fuel at 

0 

We Prefer our trucks not idle at all as it burns precious and expensive 

over $3.65 per gallon as of today. 

0 

rested 

Additional wear and tear shortens the life of our engines 

Our family drives the same roads as trucks and we want our drivers well 

o Quality, temperature controlled rest for drivers in Texas' extreme heat 

and cold is the best proactive means to fight drowsiness and foster alertness 

o This rulernaking needs to be finalized before the hot summer nights are 

upon the state 

Respect ley, 

Steve Skinner 

Skinner Transportation Inc. 
Mar. 9. 2011 8:37AM Skinner Transportation No. 5032 P. 3 

MR. Michael Parrish 

MC205 

Office of Leg;d Services 

Sti 

Skinner Transportation, Inc. 

"W Ju:re Service JJel{ilUI» 

Austi.~1. ~ Clifton • !~e.w BJnunf(jl.s ~ SaJ!in.aw 

Texas Commission on Environmental Quality 

Post Office Box 13087 

Austin, Texas 78711·3086 

Mr. Parrish: 

Skinner Transportation Inc. has operated for more than twenty years thought the state. of 

Texas, the continental United States and Canada. 

W-106 

We operate more than Seventy Five units of equipment which are all sleeper.:equlpped. These 

units travel both on an intrastate and Interstate basis thought the entire State ofTexas. 

While we do not condone Idling as a general rule, we do support Idling when our drivers are 

required to have mandated rest periods. We want them to have a comfortable sleeping 

environment to provide safer driving by being well rested and protect the traveling public by 

being alert. 

We wanted to voice our support for enforcement year round for idling for heating or air 

conditioning for mandated rest periods and not for other purposes. We will greatly appreciate 

your consideration of providing this exemption. 

,_._/~/d .. -·--···-'-----· Sincere!~.:.~~~~ ~ . 

-- ~co:~ . --~-· 

W•lhs Skinner 

Executive Vice President 

Post O{f.::r. &JX 28660, Au.tti:n.,. 1ha.~ 787!55~ Off,ct?. 572-SR9 .. ;~;.J 11 F,u G 12-8R.9-00R4 uil.uuJ.f:{ki.rJ.rwrlrart~:J.c:om. 

I 
03/07/2011 10:10 AM 

First Name: Martin 

Last Name; Hendrix 

VV-107 

Company/Organization: Specialized Transport Servce, Inc. aka STS Heavy Hauling 

E-mail Address: rnartin@stsheavyhauling.corn 

Street Address: 9330 Coporate Dr, Suite 804 

City: Selma 

State: TX 

Zip Code: 78154 

Phone Number: 210-651-6655 

Fax Number: 210-651-6658 

Rule: 2009-054-114-EN 

Comments: 

Dear Commission members & staff: 

Thank you for allowing me to comment on the proposed Motor Vehicle Idling Rule 

Revision. 

I am representing a family owned trucking co. that was established in 1978. We 

are a 'heavy haul' trucking co. that hauls oversized/overweight commodities of 

all types. Because of what we haul, we are required to travel only on state 

mandated highway routes, which more often than not take us through the less 

populated areas of the state, mostly on farm roads, state highways and some US 

highways, infrequently on interstate highways. In addition to this, we can only 

travel during daylight hours, consequently having to cease movement where ever 

we happen to be. Sometimes we are fortunate enough to find parking for these 

large loads near a motel and the driver can get a room to refresh themselves and 

rest up, in compliance with federally mandated hours of service rules. This is 

our optimum scenario, however, quite often this in not the case and the driver 

must spend his rest periods in the sleeper berth of the truck tractor, even 

though a less effecient or cost effective solutio! 

n. 

Please consider adopting the new proposal in order for truckers like ourselves 

to continue to be able to idle their trucks and still remain compliant when no 

other solution is available. Consequently, we whole heartedly support the rule 

proposal supported by our state organization, the Texas Motor Transportation 

Association. This rule would allow us to continue to have the ability to operate 

our fleet in any kind of weather and still maintain the high level of safety we 

enjoy today. As all of my family also travel the public roads of Texas, we all 

want higher levels of safety to be maintained here in our great state, and 

implenting this proposal would help to assure doing so. 

Respectfully, 

Martin Hendrix 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 10:21 AM 

Fwd: 2009-054-114-EN 

>>> TRRules 3/10/2011 9:54AM >>> 

-----·- --------

>>> <cab5052@yahoo.com> 3/9/2011 5:55 PM >>> 

03/09/2011 05:55 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: charles 

Last Name: Boardman 

Company/Organization: star fleet trucking 

E-mail Address: cab5052@yahoo.com 

Street Address: 19 panorama dr. 

City: conroe 

State: tx 

Zip Code: 77304 

Phone Number: 936-827-0563 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Page 1 of 1 

W-108 

I am an owner operator and have been since 1984, I dont like to waste fuel idling as it comes out of my 

compemsation. how ever there are times when its a 100 in the shade and zero in the sun and I have no choice. 

Most owner operators are fuel misers and avoid idling for financial reasons. We just cant pull into any motel and 

stay the night to avoid idling for a 5 or 6 hour nap or rest. If its a 24 hour rest then thats different. lam sure 

lAm not saying anything new that you havnt heard from others. I think you should ask our state police and 

state workers how they feel about working outdoors in extreme conditions and running there engines for 5 

mins. and hour to see if that would keep them warm or cool enough to keep them comfortable enough to be 

well rested. thank you 

file://C:\WINDOWS\Temp\XPgrpwise\4D78A60CTNRDOM20EPAAP010016E747916... 3/10/2011 
03/10/2011 15:33 9796572225 

Michael Parrish 

STERLINGS VACUUM SVC 

STERLING'S VACUUM SERVICE 

P.O. BOX 188 

BOLING, TEXAS 77420 

979-657-4566 

MC 205, Office of legal Services, 

PAGE 01/01 

W-109 

Texas Commission on Environmental Quality, 

PO Box 13087 Ref: Rule Project #2009-054-114-EN 

Austin, Texas 78711-3087 

Mr. Parrish, 

We would prefer not to Idle our truck engines; however, we do not want sleepy and tired drivers 

on the road. Rest In sleeper berths to meet DOT regulations during hot and cold weather Is very 

difficult. We need to Idle our truck engines to provide sleeper berth rest for our drivers during 

the hot summer days we are approaching. 

RespectiVely, 

Sterling's 

~~r Vacuum Service 

Ross Sterling 
1 (3/11/2011) kathe Boothby- 2009-o54-f14:EN L-.---"'---~""""--· ~ .... ".-""""~<C/.\1.\, "·'·--·''-',, .... ,.;,·,.,_;._, '-"-"'~·~- "---'--- ~---- •. - .... , .• _. -· ·-··•~----··' 

From: 

To: 

Date: 

Subject: 

<flanagan@stevensworldwide.com> 

<flanagan@stevensworldwide.com> 

3/11/201111:44AM 

2009-054-114-EN 

03/11/2011 11 :51 AM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: John 

Last Name: Flanagan 

Company/Organization: Stevens Van Lines, Inc. 

E-mail Address: flanagan@stevensworldwide.com 

Street Address: 527 Mor1ey Drive 

City: Saginaw 

State: Ml 

Zip Code: 48601 

Phone Number: 9897553000 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

W-110 

As a motor with interstate and Texas intrastaste authority, we wish to support the above proposed rulemaking. We think it is 

important to retain the exemption for a motor vehicle when idling for heating or air conditioning while a driver is using the vehicle's 

sleeper berth for a government-mandated rest period. Temperature controlled rest for drivers in Texas' extreme heat and cold is 

the best proactive means to fight drowsiness and foster alertness. Driver's rest is important to safe operation of any Commercial 

Motor Vehicle. 
Kathe Boothby - Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 10:25 AM 

Fwd: 2009-054-114-EN 

Page 1 of 1 

W-111 

----------------------------·--·--·-

>>> TRRules 3/10/201110:04 AM>>> 

>>> <thchcochran2@yahoo.com> 3/10/201110:05 AM>>> 

03/10/2011 10:05 AM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Tom 

Last Name: Cochran 

Company/Organization: Swift Transportation 

E-mail Address: thchcochran2@yahoo.com 

Street Address: 2608 Crystal Falls Drive 

City: Mesquite 

State: Tx 

Zip Code: 75181 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

I feel that the amendment to the idling ruling would be good. I have not idled before, but I feel that it hinders 

me getting good sleep and therefore is a safety hazard. Also what if a driver has a cpap machine and the 

batteries keep running down, that means the driver is having to keep getting up and starting the truck to get 

some charge back to the batteries. 

file://C:\WINDOWS\Temp\XPgrpwise\4D78A 718TNRDOM20EP AAPOl 0016E7479168... 3/10/2011 
From: 

To: 

Date: 

Subject: 

<ttate57@gmail.com> 

<ttate57@gmail.com> 

3/11/2011 10:01 AM 

2009-054-114-EN 

03111/201110:09AM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Thad 

Last Name: Tate 

Company/Organization: 

E-mail Address: ttate57@gmail.com 

Street Address: 11526 Co. Rd. 384 

City: Tyler 

State: Tx 

Zip Code: 75708 

Phone Number: 903-530-5301 

Fax Number: 903-526-8923 

Rule: 2009-054-114-EN 

Comments: 

W-112 

Truck drivers should be allowed to idle their engines in order to keep the temperature close to what they used to so they can get 

rest while on breaks or waiting to pick up or deliver. It should not matter how close to a place that furnishes external temperature 

control, there is no way to sit in line if not on shipper or reciever property. Also drivers should not have to pay for external 

temperature at their place of work any more so than a judge, doctor, accountant, investment councelor, ect. The goverment is 

mandating break lengths and times that are not going to work for everyone, not everyone needs the same things timewise, some 

people cant sleep as long as others. So to me rest breaks should be suited to what is needed, just like temperature should be also. 

More parking areas should be constructed also. In most other industeries it is common for workers to be able to work more than 

one shift in 24 hours, or to take a nap and start over! 
From: 

To: 

Date: 

Subject: 

<classic87@hughes.net> 

<classic87@hughes.net> 

3/10/201110:51 PM 

2009-054-114-EN 

03/10/2011 10:59 PM 

This email is a confinnation of the comment that was submitted for the referenced rulemaking. 

First Name: Adrian 

Last Name: Tawney 

Company/Organization: 

E~mail Address: classic87@hughes.net 

Street Address: 279 c r 306 

City: Beckville 

State: TX 

Zip Code: 75631 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-E N 

Comments: 

W-113 

The sleeper berths get very stuffy with no air circulation. It is impossible to get good rest if it is too hot or too cold. At some point in 

time all trucks will be equipped with auxillery power units(APU). Until that time I think it is vital to allow truckers to idle their trucks 

during the federally mandated rest period. Thank you for taking my comment. 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 3:40 PM 

Fwd: 2009-054-114-EN 

Page 1 of 1 

W-114 

------------·-- -----------

>>> TRRules 3/10/20113:24 PM>>> 

>>> <charlotte@texashotoilers.com> 3/10/20111:37 PM>>> 

03/10/2011 01:37 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Charlotte 

Last Name: Plumlee 

Company/Organization: Texas Hot Oilers, Inc. 

E-mail Address: charlotte@texashotoilers.com 

Street Address: P. 0. Box 1007 

City: Giddings 

State: TX 

Zip Code: 78942 

Phone Number: 979-542-9341 

Fax Number: 979-542-1736 

Rule: 2009-054-114-EN 

Comments: 

RE: Rule Project Number 2009-054-114EN 

As an oilfield service company, Texas Hot Oilers, Inc. strongly supports the proposed rulemaking allowing trucks to 

idle In the State of Texas. 

While idling cost the trucking industry money in fuel cost, the benefits of drivers receiving a quality temperature 

controlled mandatroy rest period far outweighs the cost of the fuel. Drivers being able to receive the quality of rest 

that idling allows makes for safer driving and working conditions not only for the drivers but for the public that is on 

the roadways with them. 

We feel that trucks should be able to idle at anytime throughtout the year, so that the driver has an environment 

with a comfortable temperature to allow for the best possible rest and work conditions. 

Our employees are required by OSHA to wear Fire Retardant Clothing, which is extremely hot to wear in the summer 

months. Therefore this ruling impacts our employees' health and safety, due to heat exhaustion or heat stroke while 

performing their jobs. 

Texas Hot Oilers, Inc., believes that this should be finalized before the how weather hits our state. 

Sincerely 

Charlotte Plumlee 

Secretary-Treasurer 

Texas Hot Oilers, Inc. 

fi1e://C:\ WINDOWS\Temp\XPgrpwise\4D78FOE8TNRDOM20EPAAPO 1 0016E7479169... 3/10/2011 
March 4, 2011 

Mr. Michael Parrish 

MC 205, Office of Legal Services 

Texas Commission on Environmental Quality 

P.O. Box 13087 

Austin, Texas 78711-3087 

RE: Rule Project Number 2009-054-114-EN. 

Dear Mr .. Parrish: 

700 East 11th Street 

Austin, TX 78701 

(512} 478-2541 

(512} 474-6494 fax 

www.tmta.com 

W-115 

Texas Motor Transportation Association (TMTA) is a trade association which represents 

more than 1000 motor carriers operating trucks everyday throughout Texas and the 

United States. Some of these companies are not located in non-attainment or near nonattainment areas, but their trucks may be required to stop and obtain government 

mandated rest in those areas. · 

Safety on our highways is of great concern to our industry. Potential accidents pop up 

every day when you least expect them. It takes alert professionals driving these 80,000 

pound trucks down the road to take action. The federal government has recognized the 

importance.o(aler truck drivers for more than 75 yearil. The first hours-of-service, along 

with mandated,rest requirements, were placed on truck drivers in 1935. It is extremely 

important for the sleeping compartment inside a truck to be comfortable so that truck 

drivers receive the rest they deserve. The motoring public should demand it. It is for that 

reason that TMTA supports the Commission's proposed amendments to 

§114.512.Control Requirements for Motor Vehicle Idling and §114.517.Exemptions 

concerning motor vehicle idling. 

Respectfully, TMTA urges the proposed amendments be finalized as soon as possible 

since the hot days of summer are fast approaching and drivei:s will need to control the in 

cab temperatures while getting their rest.. · · 

Thank you for your assistance in this matter. 

Respectfully submitted, 

c::::- z:--. <::_S . arza .. - . -- . -.. 

·;.· . . - .. :·: . . .. :. . 

. . :: , . :·· -~. ~--:. ·: . 

.•., 

. ··•; ·•.· . : ~ ,,. .•· . 
Mar 07 2011 4:31PM HP LASERJET FAX p. 1 

~® . 

MOVING CO., INC. 

W-116 

Forwarded via FAX 512-239-4808 

March 7, 2011 

Mr. Michael Parrish 

MC205 

Office of Legal Services 

Texas commission on Environmental Quality 

Post Office Box 13087 

Austin, Texas 78711- 3086 

Mr. Parrish: . 

Texas Moving eo., Inc. has operated for more than thirty seven years 

throughout the State of Texas, the. Continental United States and 

Canada. 

We operate more than sixty units of equipment and approximately 

eighty-five percent of them are sleeper-equipped. These units travel 

both on an Intrastate and Interstate basis throughout the entire State 

of Texas. 

While we do not condone idling as: a general rule, we do support idling 

when our drivers are required to have mandated rest periods. We 

want them to have a comfortable sleeping environment to provide-' 

safer driving by being well rested and p1otec.t the traveling public by 

being alert. 

We wanted to voice our support for enforcement year round for idling 

for heating or air conditioning for mandated rest periods and not for 

other purposes. We wiH greatly appreciate your consideration of 

providing this exemption. 

Sln~ly yours 

a'ill 

~~L~ R. Andis, CMC, CPM 

Executive Vice President 

90S N. Bowser Road 

Richardson, Texas 750S1-2S69 

www. texasmoving.com 

972-234-6371 

Fax: 972-437-5342 

sales@texasmoving.com 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 10:24 AM 

Fwd: 2009-054-114-EN 

>>> TRRules 3/10/201110:02 AM>>> 

>>> <taylormadegifts@yahoo.com> 3/10/20118:42 AM>>> 

03/10/2011 08:41AM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Peggy Jo 

Last Name: Taylor 

Company/Organization: Tom Taylor Trucking 

E-mail Address: taylormadegifts@yahoo.com 

Street Address: P.O. Box 141 (25622 S Tx Hwy 55) 

City: Barksdale 

State: Tx 

Zip Code: 78828 

Phone Number: 830-234-3322 

Fax Number: 830-234-3323 

Rule: 2009-054-114-EN 

Comments: 

Page I of I 

W-117 

Please, help TEXAS truckers - between the EPA, Mexico' cross border trucks and the Feds it is so hard to make 

it and support the family. Please, rule for truck drivers; TEXAS TRUCK DRIVERS 

Thank you, 

Peggy Jo Taylor 

file://C:\ WINDOWS\ Ternp\XPgrpwise\4D78A6DA TNRDOM20EP AAPO I 00 16E74 7916... 3/1 0/20 II 
Kathe Boothby· Fwd: 2009·054-114-EN 

From: Joyce Spencer 

To: Boothby, Kathe 

Date: 3/10/2011 10:18 AM 

Subject: Fwd: 2009-054-114-EN 

----------------

>>> TRRules 3/10/2011 9:51AM >>> 

>>> <judy4decor@yahoo.com> 3/9/2011 4:07PM >>> 

03/09/2011 04:07 PM 

This email is a confinnation of the comment that was submitted for the referenced rulemaking. 

First Name: Judith/Martin 

Last Name: Byerly 

Company/Organization: Transwood, Inc. 

E-mail Address: judy4decor@yahoo.com 

Street Address: 1725 paxton drive 

City: carrollton 

State: TX 

Zip Code: 75007 

Phone Number: 972-757-3880 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Page I of I 

W-118 

As professional team drivers (and homeowners in the great State of Texas), we sincerely request that you 

consider this Idling Rule and the effects on those of us that virtually live in our trucks days at a time. Proper 

rest is not only required by us to function safely, but legally required bunk time is mandatory. We know that 

you must surely understand that is impossible when the temperatures soar or it's freezing outside. Sleeping in a 

truck when it's 105 (which it frequently is during Texas summers) is the equivalent of sleeping in a tin can with 

the sun blazing down on you. Our schedules and break locations don't allow for the convenience of checking 

into hotels every time we need rest. Residents aren't required to turn off their utilities and employees are not 

required to turn off utilities in their workplaces. These trucks are our residences AND workplaces. For all the 

other hardships and sacrifices that American truckers make, please at least allow us to stay cool during the 

summer and wann in the winter. 

Thank you. 

Judith & Martin Byerly 

file://C:\WINDOWS\Temp\XPgrpwise\4D78A564TNRDOM20EP AAPOI 0016E7479168... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Joyce Spencer 

Boothby, Kathe 

3/9/2011 8:SO AM 

Subject: Fwd: 2009-0S4-114-EN 

>>> TRRules 3/9/2011 8:39AM>>> 

>>> <paul_gregory@tridal.com> 3/9/2011 8:28AM>>> 

03/09/2011 08:28AM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: paul 

Last Name: gregory 

Company/Organization: tri dal ltd 

E-mail Address: paul_gregory@tridal.com 

Street Address: S40 commere st 

City: southlake 

State: tx 

Zip Code: 76092 

Phone Number: 817-991-S390 

Fax Number: 817-424-4316 

Rule: 2009-0S4-114-EN 

Comments: 

Page 1 of 1 

W-119 

We support the Texas Idle Law, allowing Hours of Servie rules to be met and Drivers being allowed to ile during 

Sieper berth hours. Please adopt the proposed rulemaking 

SUPPORT SUPPORT SUPPORT SUPPORT SUPPORT 

Paul Gregory 

file://C:\ WINDOWS\ Temp\XPgrpwise\4D773F48TNRDOM20EP AAPO 1 00 16E7479167E... 3/9/2011 
From: 

To: 

Date: 

Subject: 

<wordknitter@gmail.com> 

<wordknitter@gmail.com> 

3/10/2011 8:41 PM 

2009-054-114-EN 

03/10/2011 08:48PM 

This email is a confirmation of the comment that was submitted for the referenced rule making. 

First Name: Debra Dian 

Last Name: Turner 

Company/Organization: 

E-mail Address: wordknitter@gmail.com 

Street Address: 1735 CR 4623 

Coy: Troup 

State: TX 

Zip Code: 75789-7519 

Phone Number: 9035391465 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

W-120 

The idling rule must take into consideration the hardship it places on the driver who cannot make it to a truck stop that has facilities 

for non idling trucks. If this is going to be mandated, I think it would be incumbent on the local cities, counties and states to make 

rest areas available that support non idling trucks. One must consider that a driver cannot get proper rest if the driver is too hot or 

too cold. Reason must prevail. The anti-idling regulations place undue hardship on the drivers. These 
From: 

To: 

Date: 

Subject: 

Attachments: 

<vfurlow@turnerbros.com> 

<vfurlow@turnerbros.com> 

3/11/2011 2:59PM 

2009-054-114-EN 

TCEQ Comments on Truck ldeling.pdf 

03/11/2011 03:06PM 

This email is a confirmation of the comment that was submitted for the referenced ru1emaking. 

First Name: Vernon 

Last Name: Furlow 

Company/Organization: Turner Bros., LLC 

E-mail Address: vfurlow@turnerbros.com 

Street Address: 15730 Beaumont Highway 

City: Houston 

State: TX 

Zip Code: 77049 

Phone Number: 281-456-5058 

Fax Number: 281-456-5078 

Rule: 2009-054-114-EN 

Comments: 

W-121 
Turner Bros., LLC 

Michael Parrish 

MC205 

Office of Legal Services 

Texas Commission on Environmental Quality 

P.O. Box 13087 

Austin, TX 78711-3087 

Rule Project Number 2009-054-114-EN 

Date: March II, 2011 

Dear Sirs: 

Turner Bros., LLC thanks TECQ for the opportunity to provide comments and recommendations 

regarding "Truck Idling in Texas". A little background is important to understand the diversity 

of our business and understand our recommendations. 

For more than 80 years, Turner Bros., LLC has provided turnkey lifting and specialized 

transportation solutions and services to North America's energy and industrial sector. We excel 

in "managing dimensions" by combining skilled personnel with an extensive fleet of specialized 

equipment to deliver customized solutions to satisfY specific requirements. 

We primarily serve the maintenance and routine operating needs of the industrial, wind energy, 

power and oil and gas energy markets. Our services include crane & rigging, specialized 

transportation, heavy haul transport and general freight. 

Turner Bros., LLC operates from strategic locations throughout the Gulf Coast Energy Corridor 

and have drivers that operate in Texas. Our company is in support of the proposed rulemaking 

changes for truck idling. While on the road, our drivers need well rested sleep when complying 

with federal mandated rest periods. By having a quality, temperature controlled rest for drivers 

in Texas extreme heat and cold is the best proactive means to fight drowsiness and foster 

alertness. 

Again, thank you for allowing us to comment on the proposed rulemaking. 

V em on Furlow 

DOT I Corporate Safety 

Turner Bros., LLC 

15730 Beaumont Highway 

Houston, TX 77049 

vfurlow@tumerbros.com 

1 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Boothby, Kathe 

3/10/2011 9:48 AM 

Fwd: 2009-054-114-EN 

>>> TRRules 3/10/2011 9:48AM >>> 

>>> <klippencott@yahoo.com> 3/9/2011 3:52PM>>> 

03/09/2011 03:52 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Kathy 

Last Name: Lippencott 

Company/Organization: Two Ts Trucking 

E-mail Address: klippencott@yahoo.com 

Street Address: 1612 Bennington Dr 

City: Carrollton 

State: TX 

Zip Code: 75007 

Phone Number: 972 242-4358 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Page I of I 

W-122 

Trucks need to idle as needed. APUs are not reliable, on average for my trucks they add an extra $10,000 

installed. In the past 3 years I have had to replace them every year. They are not cost effective. It is too 

hot/cold most of the year in Texas for a driver to rest without heating or cooling the sleep during breaks or 

shutdowns. 

Kathy Lippencott 

file://C:\WINDOWS\Temp\XPgrpwise\4D789E70TNRDOM20EPAAP010016E7479168... 3/10/2011 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGIONS 

Mr. Michael Parrish 

Office of Legal Services, MC 205 

1445 ROSS AVENUE, SUITE 1200 

DALLAS, TX 75202·2733 

MAR 1 0 2011 

Texas Commission on Environmental Quality 

P.O. Box 13087 

Austin, TX 78711-3087 

Re: .Rule Project Number 2009-054-114-EN 

Dear Mr. Parrish: 

W-123 

Thank you for the opportunity to comment on proposed revisions to the Locally Enforced Motor 

Vehicle Idling Limitations found at 30 TAC Chapter 114, Control of Air Pollution From Motor 

Vehicles. 

The Texas Commission on Environmental Quality (TCEQ) has proposed a revision to subsection 

(a) of§ 114.512 (Control Requirements for Motor Vehicle Idling) that would extend the enforcement 

period of the prohibition on drivers to allow the primary propulsion engine of a motor vehicle to idle for . . more than five consecutive minutes when the motor vehicle is not in motion, from the current April I to 

October 31 period to year-round enforcement. We support this revision because there have been 

occasions in the State of Texas where the daily maximum eight-hour ozone average outside of the ozone 

season has reached moderate levels that may pose health concerns for certain sensitive groups. 

Extending the enforcement period of§ 114.5 12(a) to year-round would help provide additional 

protection from exposure to moderate ozone levels to the populations of local jurisdictions in Texas 

where the motor vehicle idling limitations are enforced, and would therefore strengthen the Texas SIP .. 

· lhe proposed revision that amends§ 114.512 by eliminating subsection (b)removes the 

prohibition for drivers using sleeper berths to idle in residential areas, school zones, within I ,000 feet of 

a hospital, or within 1,000 feet of a public school during operating hours. We understand that the 

removal of this prohibition is being proposed because this prohibition expired on September I, 2009. 

However, at the Motor Vehicle Idling Stakeholder Group Meetings that took place in Austin and 

Arlington, Texas in April 2010, TCEQ had considered extending the expiration date of the prohibition 

contained in section 114.512(b). As this prohibition would help reduce the amount of emissions from 

motor vehicle idling that sensitive groups such as children and hospital patients are exposed to, which 

would help strengthen the SIP, we encourage you to reconsider extending this prohibition's deadline or 

to consider removing the deadline altogether. 

lntemet Address (URL) ~ http:llwNw.epa.gov/earth1r6/ 

Recycled/Recyclable- Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer} 
Letter to Michael Parrish 

Page2 

The proposed revision to paragraph (2) of§ 114.517 (Exemptions) adds a new exemption for 

armored vehicles when idling is necessary while the employee remains inside the vehicle to guard the 

contents or while the vehicle is being loaded or unloaded. The State has argued this proposed new 

idling restriction exemption is consistent with the Environmental Protection Agency's (EPA) document 

titled Model State Idling Law. The Model State Idling Law is a document developed by EPA in 

response to concerns raised by stakeholders about the need for a model state idling law for states to 

adopt that would foster greater compliance through common understanding of the requirements and ease 

of implementation. The language included in the Model State Idling Law represents the majority views 

expressed by participants at stakeholder discussions that took place in workshops hosted by EPA in 

2005. Texas has also declared that the proposed new exemption for armored vehicles would not 

interfere with attainment or reasonable further progress in the SIP because the proposed year-round 

enforcement in subsection (a) of§ 114.512 would offset these emissions increases. While the rule 

revision is consistent with the Model State Idling Law, any revision to the SIP must also comply with 

section 110(1) of the Clean Air Act. It is not clear that year round reductions adequately offset potential 

emission increases that could occur on summer days when ozone levels will be higher. We recommend 

that a technical analysis or modeling demonstration be provided to show that the proposed year-roUI1d 

enforcement of the motor vehicle idling limits would offset the emissions increases resulting :from the . •·· 

new proposed exemption for armored vehicles. ..,.· • !!·. 

The proposed revision to§ 114.517 to retain paragraph (12), removes the expiration date of '. · ··tr· 

September 1, 2009, and retains the idling exemption for heating or air conditioning while a driver is·· lm; 

using the vehicle's sleeper berth for a government-mandated rest period and not within two miles of a {~!-.;. 

facility offering external heating or air conditioning. It appears that removing the expiration date and :. ·;.''<· 

retaining this idling restriction exemption will allow an emissions increase over the approved Texas SIP. 

We would not be able to approve this idling restriction exemption into the SIP unless you can provide 

substitute reductions or modeling to show that attainment can be met without the credits affected by this 

exemption. 

Region 6 continues to offer'Texas our support during the rule revision process. Ple·ase fet U.s· 

know how we may be of further assistance. 

Sincerely yours, 

Guy Donaldson 

Chief 

Air Planning Section 
From: 

To: 

Date: 

Subject: 

<USA.Trucker.JG@gmail.com> 

<USA.Trucker.JG@gmail.com> 

312012011 6:11 AM 

2011-006-1 01-EN 

0312012011 06:19AM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: James 

Last Name: Gunnels Sr 

Company/Organization: USA Truck inc 

E-mail Address: USA. Trucker.JG@gmail.com 

Street Address: PO Box 244 

City: Channelview 

State: TX 

Zip Code: 77530 

Phone Number: 832-877-1808 

Fax Number: 

Rule: 2011-006-101-EN 

Comments: 

W-124 

I'm concerned that this would prevent truckers from receiving quality sleep. What happens to if the trucker if the truck stop has idle 

reduction equipment but there are no vacancies to park or the trucker is within 2 miles of said truck stop but also out of hours to 

drive. I understand the supposed reasoning behind such legislation but it seems that it has to many holes in it that would allow 

enforcemenUto be used for the sole purpose of raking in revenue at the expense of everyone's safety. I also believe the majority of 

truckers like the idea of cleaner air but just like the comments posted on "bradmesser.com" for instance 

"Here are a few noteworthy facts on San Antonio's air quality that you should have addressed in your editorial: 

1. San Antonio's air quality rarely goes over the 85ppb. 8 hr. limit as recently established by the EPA. On a typical year, 97% of the 

time, our ozone levels are lower than 85ppb .. 

2. When our ozone levels go beyond 85ppb., it is due to unusual meteorological events that are beyond our control. On a typical 

summer day our ozone levels are usually below 50ppb. and are only 5-6ppb. higher than rural ozone monitoring sights to the south 

and east of San Antonio. High ozone events always occur when our typical SE winds are modified due to tropical low pressure 

systems in the Gulf of Mexico or unusual late spring or summer cool fronts that switch our winds to the NE, blowing in tree volatile 

organic compounds (VOC'S), smoke from distant forest fires and pollution from outdated, large coal fire plants in the Eastern part 

of Texas and the Ohio and Tennessee Valleys. When these rare ozone events occur, ozone coming into our area can already be 

as high as 85ppb.ln fact, during our high ozone event of September 12-14, in 2002, everyone in San Antonio could have turned off 

their cars and all forms of electricity, and we would have still gone over 85ppb." 

Yes, everyone wants clean air but sometimes, just like with earthquakes, tornadoes, hurricanes, floods, volcanoes and tsunamis, 

there isn't much man can do no matter how much we want too. 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Subject: 

Joyce Spencer 

Booth by, Kathe 

3/10/2011 10:18 AM 

Fwd: 2009-054-114-EN 

>>> TRRules 3/10/2011 9:51AM>>> 

>>> <nextnut2k@yahoo.com> 3/9/2011 4:14PM>>> 

03/09/2011 04:14 PM 

Page I of I 

W-125 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Paul 

Last Name: Anderson 

Company/Organization: USFW 

E-mail Address: nextnut2k@yahoo.com 

Street Address: 2514 valleyfield 

City: Houston 

State: TX 

Zip Code: 77080 

Phone Number: 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

Texas climates are too severe to limit idling. If I must take a 10 hour break and have a sleeper, I should be 

allowed to sleep in comfort without worry of paying fines of $300.00 or more. Several drivers lost their lives in 

Dallas,TX last year from heat exposure, after being fined for idling at a truck stop. This is about more than 

environment concerns. This is about the health of men and women that are in fact a large foundation of what 

makes this country operate, the truck driver. Since when is it okay to put other concerns above the health of an 

individual? Please make the appropriate dedsion to allow drivers to survive and get much needed rest under 

harsh climates, without the fear of losing hard earned income. 

Sincerely, 

Paul Anderson 

file://C:\ WINDOWS\Ternp\XPgrpwise\4D78A57BTNRDOM20EP AAPOI 0016£747916... 3/10/2011 
Kathe Boothby- Fwd: 2009-054-114-EN 

From: 

To: 

Date: 

Joyce Spencer 

Booth by, Kathe 

3/10/2011 9:33 AM 

Subject: Fwd: 2009-054-114-EN 

>>> TRRules 3/10/2011 9:26AM>>> 

>>> <bmcdowell@wmdewey.com> 3/9/2011 2:09PM>>> 

03/09/2011 02:09 PM 

This email is a confinmation of the comment that was submitted for the referenced rulemaking. 

First Name: Robert 

Last Name: McDowell 

Company/Organization: W. M. Dewey & Son, Inc. 

E-mail Address: bmcdowell@wmdewey.com 

Street Address: 1101 MccArty 

City: Houston 

State: TX 

Zip Code: 77029 

Phone Number: 713-672-7511 

Fax Number: 713-672-6421 

Rule: 2009-054-114-EN 

Comments: 

Page I of I 

W-126 

Our company has a fleet of 80 company owned 18 wheeler trucks equipped with sleeper cabs - all company 

owned & operated, so we are responsible for all fuel costs. While we try to keep our fuel costs down - it is our 

2nd largest expense - our drivers have to spend time in their sleepers as part of their USDOT driver log 

regulations. We cannot expect our drivers to log sleeping time in their sleeper cabs without the benefit of 

heating or air conditioning. 

Well rested drivers are very important from a safety standpoint. 

We are continually upgrading our fleet and the 11 new trucks we have just purchased have engines that have 

been certified by the California Air Resources Board to an idle emissions standard for NOx which is equivalent to 

a diesel-fired auxiliary power unit. In other words, the idling of these primary engines produces the same level 

of NOx emissions as the most prevalent type of idle reduction technology used today. 

As many in the trucking industry are doing, we are investing substantial capital to update our fleet and help 

reduce emissions. We therefore SUPPORT the above referenced proposed rulemaking. 

Robert T. McDowell 

President 

W. M. Dewey & Son, Inc. 

file://C:\WINDOWS\Temp\XPgrpwise\4D789B03TNRDOM20EPAAPOIOOI6E7479168... 3/10/2011 
From: 

To: 

Date: 

Subject: 

<docandnini1411 @att.net> 

<docandnini 1411 @att. net> 

3/10/2011 7:59PM 

2009-054-114-EN 

03/1012011 06:07 PM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: bryan 

Last Name: watts 

Company/Organization: 

E-mail Address: docandnini1411@att.net 

Street Address: 1411 north rusk street 

City: weatherford 

State: tx 

Zip Code: 76066 

Phone Number: 6173040096 

Fax Number: 

Rule: 2009-054-114-EN 

Comments: 

all truck should be allowed to ide I this is our home we live in it just like you live in your home. 

W-127 

consider rf someone told you you could not have heat or air conditioning but for 5 minutes every hour how would you feel. again 

this is our home we have a right to have air and heat. 
;: ptf4/2011 j Katne Boothby ; 200905<t-f14-EN · 

From: 

To: 

Date: 

Subject: 

Attachments: 

<reiser@wemer.cam> 

<reiser@wemer.cam> 

3/1212011 1:54 PM 

2009-054-114-EN 

Texas Idling Response As Filed.pdf 

0311012011 09:41AM 

This email is a confirmation of the comment that was submitted for the referenced rulemaking. 

First Name: Richard 

Last Name: Reiser 

Company/Organization: Werner Enterprises, Inc. 

E-mail Address: reiser@werner.com 

Street Address: 14507 Frontier Road 

City: Omaha 

State: NE 

Zip Code: 68138 

Phone Number: 402-894-3307 

Fax Number: 4028943736 

Rule: 2009-054-114-EN 

Comments: 

W-128 
Michael Parrish 

MC205 

Office of Legal Services 

Texas Commission on Environmental Quality 

P.O. Box 13087 

Austin, Texas 78711-3087 

RE: Rule Project Number 2009-054-114-EN 

Dear Mr. Parrish, 

March 9, 2011 

Our company, Werner Enterprises, Inc. is a large truckload carrier. We operate throughout the 

entire United States with service into Mexico and Canada. Although we are headquartered in 

Omaha, NE, we operate three terminals in the State of Texas and employee many drivers who 

reside in the state. We are a member of the Texas Motor Transportation Association. 

We are writing to support the proposed rulemaking dealing with the idling of trucks when 

necessary to allow drivers to obtain adequate rest as required by law. 

During the past four years our company has taken many steps and made significant expenditures 

to reduce our impact on the environment. We have over 4400 trucks in our fleet equipped with 

Auxiliary Power Units (APU) and another 1100 equipped with in-cab heaters only. Additionally, 

all trucks purchased with 2007 and later engines meet the CARB and Smart Way standards for 

emissions with low NOX idle technology and can legally idle in California. Not only is it 

important for the environment, there is a considerable savings in fuel and therefore lower cost 

associated with the use of APUs. Given the current cost of diesel fuel the savings is likely to be 

even greater in the future. 

At some point in the relatively near future, all of our trucks will be compliant and should be 

allowed to idle, however, as we head into the summer months, some drivers will be operating 

vehicles with neither low NOX idle technology nor APUs and will need to idle in order to obtain a 

decent night's sleep. Driving is a serious job and adequate rest is essential to fight the fatigue 

which is a true enemy of highway safety. 

In dealing with this issue, we have fully explored and examined all other solutions to this 

problem. The nature of our business is such that many seemingly obvious solutions such as using 

motels sin! ply will not work. Our conclusion is that APUs and low NOX idle technologies are the 

only viable solutions. 

We thank you for your attention to this serious issue which affects not only the health of our 

drivers but also highway safety. 

~' ' 0.L? 

Vice 

"chardS.Reiser 

President of Government 

/~ Affairs 

Werner Enterprises, Inc. 

Global Headquarters 114507 Frontier Road, Omaha, NE 681381 PO Box 45308, Omaha, NE 68145 

402.895.6640 1 www.werner.com 
Reference Number 

0-1 

0-2 

Reference Number 

0-3 

0-4 

INDEX OF ORAL TESTIMONY 

March 1, 2010 - TCEQ 

Submitted by 

Les Findeisen, Texas Motor Transportation 

Bill Gill, Capital Area Council of Governments (similar toW -26) 

March 3, 2010 - DFW TCEQ 

Submitted by 

David Hedgpeth, FFE Transportation 

Chris Klaus, North Central Texas Council of Governments 
BEFORE THE 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

Proposed Revisions to 30 TAC 

Chapter 114 - TCEQ Rule Project 

No. 2009-054-114-EN and 

revisions to the State 

Implementation Plan 

Room 201S, Building E 

TCEQ Complex 

12100 Park 35 Circle 

Austin, Texas 

Tuesday, 

March 1, 2011 

The above-entitled matter came on for hearing, 

pursuant to notice, at 2:00 p.m. 

BEFORE: Michael Parrish 

General Law Division, TCEQ 

ALSO PRESENT: 

NINA CASTILLO: Air Quality Planning Section 

ROSS HENDERSON: Environmental Law Division 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

ll 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

SPEAKER 

Les Findeisen 

Bill Gill 

TCEQ Rule Project 2009-054-114-EN - 3/l/2011 

I N D E X 

PAGE 

Integrity Legal Support Solutions 

www.integrity-texas.com 

4 

5 

2 
TCEQ Rule Project 2009-054-114-EN - 3/1/2011 

1 MR. PARRISH: Good afternoon. I would 

2 like to welcome everyone to this public hearing being 

3 conducted by the Texas Commission on Environmental 

4 Quality. My name is Michael Parrish and I am with the 

5 General Law Division. 

6 I would also like to introduce Nina 

7 Castillo, from our Air Quality Planning Section, and 

8 Ross Henderson, from our Environmental Law Division. 

9 We are here this afternoon to receive 

10 oral and/or written comments on the proposed revisions 

11 to 30 TAC Chapter 114, TCEQ Rule Project No. 

12 2009-054-114-EN, and revisions to the State 

13 Implementation Plan. 

14 If you intend to present oral testimony 

15 and you have not already signed in at our registration 

16 table, please do that now. If you are not familiar 

17 with the proposed changes, copies of the proposal from 

18 the Texas Register are available at the registration 

19 table. We also have copies of the hearing notice so 

20 that, if anyone is planning to submit written comments, 

21 you can quickly find the information on where to fax or 

22 mail those. You may also submit comment via ecomments. 

23 We will continue to accept written comments until 

24 Friday, March 11th. 

25 This hearing is structured strictly for 

Integrity Legal Support Solutions 

www.integrity-texas.com 

3 
TCEQ Rule Project 2009-054-114-EN - 3/1/2011 

1 receipt of oral or r.-rritten comments. Open discussion 

2 during the hearing is not allowed. However, if anyone 

3 has any additional questions or comments regarding this 

4 proposal, there will be another opportunity after the 

5 hearing to have your questions answered. 

6 We will now begin receiving testimony in 

7 the order in which you registered. Once I call your 

8 name, please come up to the podium and state your name 

9 and who you represent, then present your testimony. 

10 Les Findeisen. 

11 MR. FINDEISEN: Hello my name is Les 

12 Findeisen. I'm with the Texas Motor Transportation 

13 Association. I act as their Director of Policy here in 

14 Austin. I'm here today in support of the proposal. 

15 You know, it's -- the idling issue is 

16 considered air quality, but in our industry, that's 

17 sleeping, and the mandated sleeper berth time is true 

18 safety. Your families, my families, everybody's family 

19 here that travel up and down these highways surely 

20 don't want to have a driver that hadn't gone to sleep 

21 for 20 hours behind them. 

22 You know, they talk about how dangerous 

23 it is to text and drive; think about dozing off and 

24 driving. It is extremely safety-oriented when you get 

25 that mandated rest. That's one that is mandated rest. 

Integrity Legal Support Solutions 

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4 
TCEQ Rule Project 2009-054-114-EN - 3/1/2011 

1 These regulations have been in affect since the '30's, 

2 and they didn't have sleeping berths back then, but the 

3 hours of service were in effect back in the '30's. 

4 But with what said, this is really a 

5 safety issue with respect to the trucking industry, and 

6 we appreciate the fact that TCEQ recognizes that and is 

7 putting that in. 

8 Another thing that really just popped up 

9 here recently with our nice, cool weather we had this 

10 winter; and that is that it can do two things: One, 

11 get the mandated rest, but also drivers have a very 

12 difficult time w_i th their diesel engines when it's 

13 extremely cold, and if they're not --don't have a 

14 block heater plugged in somewhere, they may very well 

15 have some fuel issues, with gelling fuel, so by being 

16 able to get their mandated rest and keep their engines 

17 warm to keep that fuel from gelling is a great benefit. 

18 And with that, I'll be more than happy 

19 to answer any questions. 

20 MR. PARRISH: Thank you. 

21 Next we have Bill Gill. 

22 MR. GILL: My name is Bill Gill and I 

23 work with the Capital Area Council of Governments. I'm 

24 here today to summarize comments that have been 

25 submitted in writing by the Central Texas Clean Air 

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5 
TCEQ Rule Project 2009-054-114-EN - 3/l/2011 

1 Coalition; a group of elected officials in the Central 

2 Texas area that represent Austin and the other cities 

3 and counties dealing with the attainment of the ozone 

4 standard. And so we've already submitted written 

5 comments on a letter signed by Judge Biscoe, who is 

6 Chair of the Clean Air Coalition, but I wanted to go 

7 ahead and just summarize the comments here. 

8 The Clear Air Coalition supports 

9 year-round enforcement of the Idling Rule. 

10 The Clean Air Coalition does not support 

11 the adoption of the sleeper berth exemption because we 

12 believe there are viable alternatives to idling the 

13 primary engine and because it would make the rule 

14 difficult to enforce and diminish incentives for 

15 installation of idle reductions technology. 

16 If TCEQ, on the other hand, does adopt 

17 the sleeper berth exemption, the Clean Air Coalition 

18 requests that the exemption should be limited to a 

19 two-year period. 

20 The Clean Air Coalition requests that, 

21 instead of eliminating the expired prohibition of 

22 violating residential areas near schools, near 

23 hospitals, that TCEQ, instead, eliminate the expiration 

24 date for this provision. 

25 The Clean Air Coalition requests that 

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6 
TCEQ Rule Project 2009-054-114-EN - 3/1/2011 

1 TCEQ review its ·legal authority to establish the amount 

2 of fines for offenses under the rule, and if it 

3 determines that it is able to do so, to include 

4 specific maximum fine amounts for idling in all 

5 situations. 

6 And there is legislation being 

7 considered to have a fine limited to $500 to the Class 

8 C misdemeanor because, currently, the counties don't 

9 have authority to set ordinance levels in the provision 

10 of the water code that has fines is deemed to be too 

11 excessive for these type of an offense. So either 

12 through legislative remedy or through the TCEQ, that is 

13 what our county officials are hoping to see happen. 

14 The Clean Air Coalition requests that 

15 the TCEQ clarify that entering into a Memorandum of 

16 Agreement under this rule does not make businesses 

17 within the jurisdiction ineligible for Texas Emission 

18 Reduction Plan grant funding for idle reduction 

19 equipment. 

20 And, lastly, the Clean Air Coalition 

21 requests that the effective date of any real change be 

22 after the end of the 2011 ozone season so as not to 

23 interfere with the implementation of the rule this 

24 year. 

25 The Clean Air Coalition appreciates this 

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7 
TCEQ Rule Project 2009-054-114-EN - 3/1/2011 

1 opportunity to comment and looks forward to working 

2 with TCEQ to reduce air pollution in Central Texas. 

3 MR. PARRISH: Thank you. 

4 Is there anyone else who would like to 

5 present testimony at this time? 

6 Once again, the Commission will continue 

7 to accept written comments until Friday, March 11th. 

8 If there 

9 closed. 

10 coming. 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

are no further comments, the hearing is now 

We appreciate your comments and thank you for 

(Whereupon, at 2:09 p.m., the hearing 

was concluded.) 

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8 
TCEQ Rule Project 2009-054-114-EN - 3/1/2011 

1 C E R T I F I C A T E 

2 

3 IN RE: TCEQ Rule Project NO. 2009-054-114-EN 

4 LOCATION: Austin, Texas 

5 DATE: March 1, 2011 

6 I do hereby certify that the foregoing pages, 

7 numbers 1 through 8, inclusive, are the true, accurate, 

8 and complete transcript reported by machine shorthand 

9 by Kim Furr, RPR, CSR, in and for the State of Texas, 

10 before the Texas Commission on Environmental Quality. 

11 

12 

13 March, 2011. 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

Certified to by me on this 6th day of 

Kim Furr, CSR, RPR 

CSR No. 6997, Expires 12/31/11 

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Firm Registration No. 528 

3100 West Slaughter Lane, Suite 101 

Austin, Texas 78748 

(512) 320-8690 

(512) 320-8692 (Fax) 

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- 1 -

Texas Commission on Environmental Quality 

Public Hearing Registration 

Date: March 1, 2011 

Time: 2:ooPM 

Rule Project No.: 2009-054"114-EN 

Short Title: Motor Vehicle Idling Rule Revision 

Location: Austin, Building E, Room 2018, at the commission's central office located at 12100 Park 35 Circle 

Concerning: Proposed revisions to 30 TAC Chapter 114, §114.512 and §114.517; and to the state implementation plan 

Name and Phone No. or E-mail Address Representing Presenting Oral Testimony? 

(Please Print) . (Circle One) 

L..es n'hcA el$-eh /ex CL..< IYY 11-fov fra'fl~odift~,J; l!1Y A ) G;> No 5$1' 

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Yes No 

. 

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BEFORE THE 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY 

Proposed Revisions to 30 TAC 

Chapter 114 

TCEQ Rule No. 2009-054-114-EN 

and 

Revisions to the State 

Implementation Plan 

DFW TCEQ Region 4 Office 

Public Meeting Room 

2309 Gravel Road 

Fort Worth, Texas 

Thursday 

March 3, 2011 

The above-entitled matter came on for 

hearing, pursuant to notice, at 2:00 p.m. 

BEFORE: NINA CASTILLO 

Air Quality Division, TCEQ 

ALSO PRESENT: 

GUY HOFFMAN, Air Quality Division, TCEQ 

SPEAKERS: 

David Hedgpeth - Page 3 

Chris Klaus - Page 6 
TCEQ Rule No. 2009-054-114-EN - 3/3/2011 

1 PROCEEDINGS 

2 MS. CASTILLO: Good afternoon. I would 

3 like to welcome everyone to this public hearing being 

4 conducted by the Texas Commission on Environmental 

5 Quality. My name is Nina Castillo. I am with the Air 

6 Quality Division. I would also like to introduce Guy 

7 Hoffman with the Air Quality Division. 

8 We are here this afternoon to receive oral and 

9 written comments on the proposed revisions to 30 TAC 

10 Chapter 114, TCEQ Rule No. 2009-054-114-EN, and revisions 

11 to the State Implementation Plan. 

12 If you intend to present oral testimony and you 

13 have not already signed in at our registration table, 

14 please do that now. If you are not familiar with the 

15 proposed changes, copies of the proposal from the Texas 

16 Register are available at the registration table. ·We also 

17 have copies of the hearing notice so that anyone who is 

18 planning to submit written comments can quickly find the 

19 information on where to fax or mail those comments. You 

20 may also submit comments via eComments. We will continue 

21 to accept written comments until Friday, March 11. 

22 This hearing is structured strictly for receipt 

23 of oral and written comments. Open discussion during the 

24 hearing is not allowed. However, if anyone has any 

25 additional questions or comments regarding this proposal, 

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2 
TCEQ Rule No. 2009-054-114-EN - 3/3/2011 

1 there will be another opportunity after the hearing to 

2 have your questions answered. 

3 We will now begin receiving testimony in the 

4 order in which you registered. Once I call your name, 

5 please come up to the front and face the back to the 

6 camera to ensure that we -- to ensure capture of the 

7 accurate testimony, and state your name and who you 

8 represent, then present your testimony. We want to start 

9 with David Hedgpeth. 

10 MR. HEDGPETH: Good afternoon. I want to 

11 thank you for the opportunity to address the commission on 

12 this subject. My name is David Hedgpeth. As she 

13 mentioned, I'm the vice-president of corporate compliance 

14 and safety and risk management with FFE Transportation 

15 Services. Our corporate office is based out of Dallas. 

16 Our company is a refrigerated motor carrier. We transport 

17 food and medical supplies through the state of Texas, the 

18 United States, Canada, and Mexico. 

19 The company has been in business since 1946. I 

20 have been in my position with the company for about 17 

21 years. I've been with the company about 21 years, and 

22 I've served in the industry in a management capacity for a 

23 little over 25 years. 

24 Our company supports every effort not to idle 

25 trucks, mainly because of the cost of fuel. And I'm sure 

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3 
TCEQ Rule No. 2009-054-114-EN - 3/3/2011 

1 that you all buy fuel. You've seen the cost on the 

2 increase lately. Our cost currently across the nation is 

3 averaging out above $3.50 a gallon, plus it causes undue 

4 wear and tear on the engines of our trucks. 

5 Trucks and fuels are probably our largest 

6 expense in our company. FFE is environmentally focused. 

7 The types of engines that we've purchased since 2008 are 

8 certified by the California Air Resources Board to an idle 

9 emissions standard for NOx which is equivalent to a 

10 diesel-fired auxiliary power unit. 

11 We are also a Smartway certified motor carrier. 

12 The idling of these primary engines produce the same level 

13 of NOx emissions as the most prevalent type of idle 

14 reduction technology used today. The industry is working 

15 to recognize this in the legislature session that we were 

16 discussing a little earlier, especially in Senate Bill 

17 4 93. 

18 Currently there are various types of technology 

19 that are available to our industry that can range anywhere 

20 from 1 to $10,000 depending upon the system for idle 

21 reduction. The upfront cost is a significant barrier to 

22 our industry, especially for those that provide air 

23 conditioning capabilities. 

24 One of my main responsibilities in my employer 

25 is to ensure compliance with the Federal Motor Carrier 

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4 
TCEQ Rule No. 2009-054-114-EN - 3/3/2011 

1 Safety Administration regulations, and a large part of 

2 those regulations deal with the requirements and mandated 

3 rest for our drivers. These rules state specifically 

4 amounts of rest that drivers are required to have each 

5 day. Our trucks are equipped with sleeper berths, which 

6 allow our drivers to obtain their rest in the truck. 

7 These trucks -- it's a large part of our drivers' homes. 

8 In order for the driver to obtain sufficient 

9 rest, temperature control is vitally important. Just 

10 imagine trying to sleep in your home in Texas in the 

11 sweltering heat in the summer with no air conditioning; on 

12 the same hand, with the shivering cold of the winter with 

13 no heat. We can't expect our drivers to do any less in 

14 our trucks. 

15 Driver fatigue has become a widely publicized 

16 and concerning matter. We know by research that driver 

17 fatigue can be a contributing factor to commercial motor 

18 vehicle crashes. We must ensure by every means available 

19 our drivers are afforded adequate and quality rest. The 

20 need to idle our trucks to maintain temperature control 

21 only for federal-mandated rest is a necessity. 

22 You and your families as well as my family share 

23 the road with trucks. As the executive in my company that 

24 is solely responsible for compliance and the safety of 

25 hundreds of trucks on the road at any given time, we must 

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5 
TCEQ Rule No. 2009-054-114-EN - 3/3/2011 

1 provide the appropriate condition for all of our drivers 

2 to make them well rested and as safe as possible when 

3 driving. We must maintain the ability to idle while 

4 taking the mandated rest required by the federal 

5 government. 

6 Again, we do not want to idle our trucks other 

7 than those times simply because of the cost and the wear 

8 and tear on our equipment. I ask the question of the 

9 commission to act quickly in this matter, especially 

10 before the heated days of summer arrive in Texas. Thank 

11 you for your time. 

12 MS. CASTILLO: Thank you. Next is Chris 

13 Klaus. 

14 MR. KLAUS: My name is Chris Klaus, senior 

15 program manager at the North Central Texas Council of 

16 Governments. We do as well appreciate the opportunity for 

17 us to be able to comment and taking the time out -- for 

18 the state to take the time out to come up to our region 

19 and provide the opportunity to do so. 

20 Some of the items that -- we were going to make 

21 some comments on some of the items that have been proposed 

22 specifically in the rule, and then we have some other 

23 suggestions that we'd like to suggest for consideration by 

24 TCEQ. 

25 As we are nonattainment for approved ozone, we 

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6 
TCEQ Rule No. 2009-054-114-EN - 3/3/2011 

1 feel that what we are recommending will achieve these 

2 maintain -- or continue to achieve these emission 

3 reductions and compliance -- eventual compliance with the 

4 standards, but then also trying to be very flexible and 

5 understanding with the industry that would be required to 

6 have to meet these particular issues. 

7 We propose or support that the enforcement be 

8 conducted year round. It would be perhaps less confusing, 

9 and as a result, you know, be more consistent with the 

10 overall ozone season. Currently the ozone season is 

11 between March and the end of October. Anyone's guess what 

12 that's going to look like in the future with the new 

13 standard that's being considered, perhaps to be issued by 

14 July of 2011, later this year. So we feel it would be 

15 less confusing and it would be more consistent for the 

16 ozone season. 

17 In addition, there's other pollutants that come 

18 out of the tailpipe in the running of -- burning of diesel 

19 engines, you know, issues like nitrogen dioxide, carbon 

20 dioxide, particulate matter. And by issuing -- a lot of 

21 these pollutants aren't necessarily subject to a time of 

22 year. They emit all the time when a vehicle is operating. 

23 So it would be one of those situations where if 

24 it was done year round, then you would not only get the 

25 benefits for nitrogen dioxide but all these other 

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7 
TCEQ Rule No. 2009-054-114-EN - 3/3/2011 

1 pollutants that you can lessen those impacts to the 

2 environment and the atmosphere. 

3 We support the exemptions for armored vehicles, 

4 primarily because of a comfort and safety issue. We do 

5 understand that there's perhaps some issue with regards to 

6 what is quantified or identified in the current State 

7 Implementation Plan as a result of this sector of the 

8 industry. 

9 So we would like to work together with TCEQ to 

10 try to identify what those are and then also urge TCEQ 

11 that if we're unable to modify the plan or make amends to 

12 that particular source, that we would identify 

13 technologies or alternatives that would otherwise, you 

14 know, offset those emissions from those vehicle 

15 operations. 

16 We do support the exemption of the government 

17 mandated rest period. We do not oppose it. We don't 

18 oppose it being reinstated so long as the prohibition of 

19 idling is maintained to be sensitive to certain areas such 

20 as neighborhoods, school zones, hospitals. We request 

21 that that be maintained. 

22 And we also then request that the state grant 

23 funding remain available to assist for these particular 

24 operations during this particular period. Because 

25 technology is evolving, because, you know, things are 

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8 
TCEQ Rule No. 2009-054-114-EN - 3/3/2011 

1 growing technologically-wise so rapidly, the thought would 

2 be that we put in maybe a two-year expiration date to be 

3 able to revisit this in a later time. 

4 With regard to the prohibition of idling in 

5 neighborhoods, school zones, and near hospitals, again, we 

6 do oppose the removal of that prohibition because of 

7 obviously the health of persons, you know, in these 

8 sensitive areas that must, we feel, continue to be 

9 protected. 

10 Some additional items that the Council of 

11 Governments do support is the funding for idle reduction 

12 technology. We support action by the TCEQ to permit TERP, 

13 the Texas Emission Reduction Plan, funding for idle 

14 reduction technology, independent of whether idling occurs 

15 within their jurisdiction that has adopted this idling 

16 rules or not. 

17 Currently there's an interpretation that this 

18 TCEQ has where they will not allow the funding of idle 

19 reduction technologies or state grants to go for idle 

20 reduction technologies in a local jurisdiction that 

21 actually has an idle restriction in place. I think we 

22 feel that it's perhaps a matter of interpretation and 

23 would like to continue to work with TCEQ to see if we 

24 can't allow that to happen with TERP money to be able to 

25 be utilized for idle reduction technologies in areas that 

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9 
TCEQ Rule No. 2009-054-114-EN - 3/3/2011 

1 have an idle restriction requirement. 

2 Inclusion of additional vehicle classes. 

3 Currently right now it's 14,000 pounds or greater gross 

4 vehicle weight rating. There are a large population of 

5 commercial medium-duty vehicles in the 6,000- to 

6 14,000-pound gross vehicle weight rating that we feel 

7 would benefit air quality, be a lot more equitable across 

8 not just larger trucks but that also tighten up the 

9 standard, tighten up the requirement to apply to more 

10 vehicle weights. 

ll We would like and we support an exemption for 

12 vehicles powered by the certified clean idle engines. 

13 Currently these idle restrictions would require you or ask 

14 of you to use an auxiliary power source, perhaps an 

15 auxiliary power unit, an idle air type technology. But in 

16 terms of the auxiliary power units, those emissions are 

17 anywhere from 37 to 47 grams of NOx per hour. 

18 However, we understand that the certified clean 

19 idle engines are certified by CARB, the California Air 

20 Resources Board, to emit less than 30 grams of NOx. So we 

21 ask that TCEQ recognize and be able to exempt vehicles 

22 that are actually certified as being a certified clean 

23 idle engine. And I believe these vehicles actually have a 

24 sticker that is on the side of their cab to be able to 

25 indicate that they certainly are. Could increase -- or 

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10 
TCEQ Rule No. 2009-054-114-EN - 3/3/2011 

1 just like other programs, you introduce a sticker, could 

2 increase fraudulent activity. We would work with our 

3 enforcement officials to ensure that that is kept to a 

4 minimum. 

5 CARB supports specifying that enforcement can 

6 occur as a class C misdemeanor as opposed to a class B 

7 misdemeanor. Currently stipulated for counties as a 

8 no-fine, as no fine is associated with violating the rule. 

9 So right now there's a particular misdemeanor class B, but 

10 it really has no teeth behind it. So we're asking that 

11 the water code be modified to support a class C 

12 misdemeanor. 

13 One of the things that has been brought up by 

14 one of our local governments as part of the North Central 

15 Texas Council of Governments is the suggestion that TCEQ 

16 consider prohibiting idling at railroad crossings. 

17 Although we feel that from a 30,000-foot air quality 

18 benefit, you know, no different than, say, the suggestion 

19 of perhaps looking into lack of idling or not idling at 

20 drive-throughs, there's another situation where excessive 

21 idling would be occurring at a railroad crossing. From an 

22 air quality benefit, at that point -- at that point in 

23 time for that vehicle, it makes sense. 

24 However, we would also like to suggest TCEQ to 

25 look into, and we'd be more than happy to work with you, 

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11 
TCEQ Rule No. 2009-054-114-EN - 3/3/2011 

1 with regards to the safety implications of that, the 

2 legality implications of that, and then the actual 

3 emissions associated beyond that point when that vehicle 

4 takes off. If it's 100 something degrees outside, then 

5 they roll the windows down. The cab gets warm. Then they 

6 take off. They roll the windows up, put the AC back on 

7 full blast. Does that actually cause more emissions than 

8 would have been saved by just shutting off your engine 

9 sitting behind a railroad crossing, never mind the safety 

10 issues that could be associated with it or the 

11 requirements that may be associated to not having vehicles 

12 operating while on a particular roadway or other things 

13 that we can certainly look into to see if this is 

14 something that can be explored. 

15 So with that, we have some written testimony 

16 we'll leave with the TCEQ when we leave here. And again, 

17 we appreciate the opportunity to provide the comments. 

18 Thank you. 

19 MS. CASTILLO: Thank you. Is there anyone 

20 else who would like to present testimony at this time? 

21 Once again, the commission will continue to accept written 

22 comments until Friday, March 11. If there's no further 

23 comments, this hearing is now closed. We appreciate your 

24 comments and thank you for coming. 

25 (WHEREUPON HEARING CONCLUDED 

AT 2:17 P.M., MARCH 3, 2011) 

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12 
TCEQ Rule No. 2009-054-114-EN - 3/3/2011 

1 REPORTER'S CERTIFICATION 

2 

3 I, Tobi Moreland, Certified Shorthand Reporter in 

and for the State of Texas, hereby certify to the 

4 following: 

5 

That the foregoing hearing was duly reported by 

6 the officer and that the transcript of the proceedings is 

a true record of all statements given by the witnesses; 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

Sworn to by me this lift, day of _,/)1'---'0v_rJ_._,_l ____ , 2011. 

Tobi L. Moreland, CSR #3317 

Expires on 12/31/11. 

Integrity Legal Support Solutions 

CRCB #528 

3100 West Slaughter Lane 

Suite A-101 

Austin, Texas 78748 

(512) 320-8690 

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13 
- 1 -

Texas Commission on Environmental Quality 

Public Hearing Registration 

Date: March 3, 2ou 

Time: 2:ooPM 

Rule Project No.: 2009-054-114-EN 

Short Title: Motor Vehicle Idling Rule Revision 

Location: DFW TCEQ Region 4 Office, 2309 Gravel Road 

Concerning: Proposed revisions to 30 TAC Chapter 114, §114.512 and §114.517; and to the state implementation plan 

Name and Phone No. or E-mail Address Representing Presenting Oral Testimony? 

. (Please Print) (Circle One) 

U ~ "'-~J.s~e-1.::.'-~ ..{:.. 1.2 ... ><- • ...... 12.. t... 

~v' '.:> 

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N \,to\\: tm'N!\ t \ :r-~ ~ \[.)(l\\GS Yes~ 

-r- ('' (Y7 t C_ H /l§l_ nL ?1/- r[A)i)rf-L YesG") 

~#t;r )::;(/fVJ ~~{Lt::)q_ ~No 

-

~py,~~ l I Yes ® 

Yes No 

Yes No 

Yes No 
EVALUATION OF 

TESTIMONY 
Texas Commission on Environmental Quality 

Interoffice Memorandum 

To: Commissioners Date: July 1, 2011 

Thru: Melissa Chao, Acting Chief Clerk 

Mark R. Vickery, P.G., Executive Director 

From: Susana M. Hildebrand, P.E; Chief Engineer[-& 

DocketNo.: 2010-0878-RUL 

Subject: Commission Approval for Rulemaking Adoption 

Chapter 114, Control of Air Pollution from Motor Vehicles 

Motor Vehicle Idling Rule Revision 

Rule Project No. 2009-054-114-EN 

Background and reason(s) for the rulemaking: 

The National Armored Car Association (NACA) submitted a petition for rulemaking on 

May 22, 2008, requesting that armored vehicles be added to the current list of idling 

restriction exemptions under 30 Texas Administrative Code (TAC) §114.517. Staff received 

approval from the commission on July 9, 2008, to move forward with initiating 

rulemaking regarding the armored car petition. Action on a proposal was deferred 

follo\\oing a stakeholder meeting held on October 6, 2008, in anticipation of potential 

legislative changes from the 81St Texas Legislature, 2009, Regular Session. However, no 

legislation relating to motor vehicle idling was enacted by the 81st Texas Legislature. The 

adopted rulemaking \\ill address the NACA petition and delete the ozone season dates 

under §114.512 for consistent enforcement year-round. In addition, the adopted 

tcle>z.;~;;will remove §114.512(b) and the expiration dates in §114.517, w-:x.~::. were 

established by House Bill (HB) 1540, 79th Texas Legislature, 2005, Regular Session, and 

extended to September 1, 2009, by Senate JJill (SB) 12,-Soth Texas Legislature, 2007, 

Regular Session, because they are no longer valid. The adopted rulemaking will also 

remove §114.517(2), which provides a duplicative exemption for all vehicles with gross 

vehicle weight rating of 14,000 pounds or less. 

Scope of the rulemaking: 

The adopted rule revision will amend Chapter 114, Subcllapter J, as follows: 

• amend §114.512 to remove the enforeement period of Apri11 through October 31 of 

each calendar year in subsection (a) to allow enforcement year-round and to 

remove the prohibition for drivers using sleeper berths to idle in residential areas, 

school zories, and near hospitals and the expiration date in subsection (b) because it 

has expired; and 

• amend §114.517 to remove the duplicative exemption for a motor vehicle that has a 

gross vehicle weight rating of 14,000 pounds or less in paragraph (2) and replace it 

\\oith exemption language for armored vehicles; and to retain the exemption in 

paragraph (12) for a motor vehicle when idling for heating or air conditioning while 

a driver is using the vehicle's sleeper berth for a government-mandated rest period 
Commissioners 

Page2 

July 1, 2011 

Re: Docket No. 2010-0878-RUL 

and not within two miles of a facility offering external heating or conditioning, 

which expired on September 1, 2009. 

The amended sections will be submitted to the United States Environmental Protection 

Agency (EPA) as a revision to the state implementation plan (SIP). 

A.) Summary of what the rulemaking will do: 

The adopted rulemaking will allow enforcement year-round; remove the expired 

prohibition for drivers using sleeper berths to idle in residential areas, school zones, and 

near hospitals; and remove expiration dates that are no longer applicable. Additionally, 

the adopted rulemaking will remove the duplicative exemption for a motor vehicle that has 

a gross vehicle weight rating of 14,000 pounds or less and replace it with a new exemption 

for armored vehicles; and retain the exemption for a motor vehicle when idling for heating 

or air conditioning while a driver is using the vehicle's sleeper berth for a governmentmandated rest period and not within two miles of a facility offering external heating or 

conditioning, which expired on September 1, 2009. 

B.) Scope required by federal regulations or state statutes: 

None. 

C.) Additional staff recommendations that are not required by federal rule or 

state statute: 

Retaining the exemption in §1:14.517(12) is not required by the state statute; however, staff 

recommends reinstating the expired exemption for safety considerations. 

Statutory authority: 

This rulemaking will be adopted under the authority of Texas Government Code, 

§2001.021, Petition for the Adoption of Rules, which authorizes an interested person to 

petition a state agency for the adoption of a rule. The amendments are adopted under 

Texas Water Code (TWC), §5.102, General Powers, TWC, §5.103, Rules, and TWC, §5.105, 

General Policy, which provide the commission with the general powers to carry out its 

duties and authorize the commission to adopt rules necessary to carry out its powers and 

duties under the TWC; and TWC, §5.013, Gen.eral Jurisdiction of Commission, which states 

the commission's authority over various statutory programs. The amendments are also 

adopted under Texas Health and Safety Code (THSC), §382.017, Rules, which authorizes 

the commission to adopt rules consistent with the policy and purposes ofTHSC, Chapter 

382 (the Texas Clean Air Act), and to adopt rules that differentiate among particular 

conditions, particular sources, and particular areas of the state. The amendments are also 

adopted under THSC; §382.002, Policy and Purpose, which establishes the commission's 

purpose to safeguard the state's air resources, consistent with the protection of public 

health, general welfare, and physical property; THSC, §382.011, General Powers and 

Duties, which authorizes the commission to control the quality of the state's air; THSC, 

§382.012, State Air Control Plan, which authorizes the commission to prepare and develop 
Commissioners 

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July 1, 2011 

Re: Docket No. 2010-0878-RUL 

a general, comprehensive plan for the control of the state's air; TiiSC, §382.019, Methods 

Used to Control and Reduce Emissions From Land Vehicles, which provides the 

. commission the authority to adopt rules to control and reduce emissions from engines 

used to propel Iand vehicles; and THSC, §382.208, which authorizes the commission to 

develop and implement transportation programs and other measures necessary to 

demonstrate attainment and protect the public from exposure to hazardous air 

contaminants from motor vehicles .. 

The adopted amendments implement THSC, §§382.011, 382.012, 382.019, and 382.208. 

Effect on the: 

A.) Regulated community: 

Local jurisdictions that have signed a Memorandum of Agreement (MOA) with the Texas 

Commission on Environmental Quality (TCEQ) to implement and enforce the idling 

restrictions will have to add armored vehicles to their list of vehicles exempt from idling 

restrictions, and the vehicle operators in local jurisdictions with an MOA wHl need to 

comply with the restrictions year-round. There will be no fiscal impacts cin the regulated 

community. 

B.) Public: 

The adopted rule revisions will not have an adverse effect on the public. There will be no 

fiscal impacts on the public. 

C.) Agency programs: 

There is no anticipated effect on any agency program by implementing the adopted rule 

revisions. There will be no fiscal impacts on the agency. 

Stakeholder meetings: 

Stakeholder meetings were held in Arlington and Austin in April2010. The stakeholder 

meetings were open participation. 

Public eomment: 

·The commission held public hearings on the proposal in Austin on March 1, 2011, and in 

Fort Worth on March 3, 2011. Oral comments regarding Chapter 114 were presented by' 

the Capital Area Council of Governments (CAPCOG), FFE Transportation, the North 

Central Texas Council of Governments (NCTCOG), and the Texas Motor Transportation 

Association (TMTA). The public comment period was from February 11, 2011, to March 11, 

2011. 

The commission received mitten comments from A Better Tripp Moving and Storage 

Co.Inc., Acme Truck Line, Ahrens Bros. Trucking (HPI), Alamo Relocation & Storage, Inc., 

All Ways Trucking, AllTrans Medical Solutions, ARB Transport, Averitt Express, B&D 

Owens Co., B.I.B. Trucking, Baldwin Distribution Services, Ltd, Bamm Express Transport 
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July 1, 2011 

Re: Docket No. 2010-0878-RUL 

LLC, BigFoots Hotshot Transport, Bobby Lehmann, Inc., BPI, Brookshire Grocery Co., C. 

Lawless Trucking, LLC, Canal Cartage Company, Capital Texas Clean Air Coalition (CAC), 

Cargil Meat Logistics Solutions, Celanon, Charlie Slusser's Hauling Service, Creekside 

Nursery, Crete Carrier, CRST, C-T Trucking, Cullen Trucking, City of Dallas, Dart Transit, 

Dist-Tech, Dorsey Trans, E.L. Farmer & Company, EPA, Excargo Services, Fikes Truck 

Line, Fremont Contract Carriers, Gandy & Son's Inc., Glenn Broussard Trucking, Guy M. 

Turner, H & H Logistical Services, Hirschfield Transportation, Hot Shot Express, Housley 

Communication, Inc., Hyden Highway Hauling LLC, Johnsrud Transport, Inc., Klaus 

Leinenbach Trucking, Ladybug Freight, Landstar, Lanstar, Mayberry Express, McClatchy 

Bros., Inc., MLC LLC, Morse Trucking, Nabors Well Services, NCTCOG, Oklalloma Tank 

Lines, OOIDA, Panel Truss, Pappas Restaurants, Parkway Transport, Inc., Payan Express 

Transportation Services, Inc., Phagan Express of Texas, Phil Brewer Trucking, Phil Brewer 

Trucking, Pressinon, Inc., Queen Moving & Storage Co., Randy Bundy Trucking, RCL 

Trucking, Reed's Sand & Gravel LLC, Refrigerated Transport, Inc., Rex Long Transport 

Co., Skinner Transportation Inc., Skinner Transportation Inc., Specialized Transport 

Service, Inc. aka STS Heavy Hauling, Star Fleet Trucking, Sterling's Vacuum Service, 

Stevens Van Lines, Inc., Swift Transportation, Texas Hot Oilers, Inc., TMTA, Texas Moving 

Co., Inc., Tom Taylor Trucking, Transwood, Inc., Tri Dal, Ltd, Turner Bros. LLC, Two Ts 

Trucking, USA Truck Inc., USFW, W. M. Dewey & Son, Inc., Werner Enterprises, Inc., and 

31 individuals. Significant public comments are summarized as follows. 

General Comments 

Multiple com.menters opposed idling restrictions based on the numerous rules already 

placed on truck drivers, the economic consequences of this rule and asked the commission 

to consider the cause and effect of the commission's decision, including long-term 

consequences. No changes were made in response to this comment. 

§114.512, Control Requirements for Motor Vehicle Idling 

The CAC, the EPA, and the NCTCOG suggested that the commission should retain the 

prohibition for drivers using sleeper berths to idle in a school zone, within 1,000 feet of a 

hospital, or within 1,000 feet of a public school during its hours of operation to help reduce 

the amount of emissions from idling in these sensitive areas. If the sleeper berth 

exemption is reinstated, the health of persons in these areas must continue to'be protected. 

Nf! changes were made in response to this comment. 

§114.517, Exemptions 

The CAC commented that it does not support adoption of the sleeper berth exemption, 

because it will make the rule difficult to enforce, diminish incentives for installation of idle 

reduction measures, and discourage jurisdictions from participation in the MOA. The CAC 

commented that retaining the exemption is not consistent with the legislative intent to 

allow the exemption to expire. The CAC recommended that the sleeper berth exemption 

should be limited if the commission adopts the exemption such as, prohibit sleeper berth 

idling in sensitive areas; to restrict heavy-duty vehicles only; allow the exemption for no 

longer than a two-year period; or modify the geographic applicability to no idling within 30 
Commissioners 

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July 1, 2011 

Re: Docket No. 2010-0878-RUL 

miles of a facility offering external heating or air conditioning. The CAC suggested that the 

commission should focus on what modifications would make the rule more effective at 

reducing emissions from idling, rather than trying to discern the legislature's intent in 

expired statutes. No changes were made in response to this comment. 

The EPA commented that it would not be able to approve the proposed idling restriction 

sleeper berth exemption in the SIP unless the commission can provide substitute 

reductions or modeling to show that attainment can be met without the credits affected by 

the exemption. In response to the EPA's comments, the §no (I) demonstration of the 

adoption preamble was updated to show that retaining the sleeper berth exemption will 

not interfere with attainment or reasonable further progress in the SIP. 

Many commenters expressed concern about the ability of truckers to get adequate quality 

sleep without using air conditioning or heating that would require idling during rest 

periods. No changes were made in response to this comment. 

Outside the Scope 

The CAC and the NCfCOG suggested that the commission take action to permit Texas 

Emissions Reduction Plan funding for idle reduction technology independent to whether 

idling occurs within a local jurisdiction that has adopted idling rules. No changes were 

made in response to this comment. 

The CAC suggested the commission make the effective date of any rule change at the end of 

the current ozone season to avoid any disruption to implementation of the existing rules in 

this ozone season. No changes were made in response to this comment. 

Significant changes from proposal: 

There are no changes from proposal. 

Potential controversial concerns and legislative interest: 

The TMTA expressed concerns to the TCEQ Intergovernmental Relations staff regarding 

the expiration dates in §114.512 and §114.517 that were not extended by the 81st Texas 

Legislature, 2009, Regular Session. The TMTA felt that the expiration date of the 

exemption in §114.517 obligates the operators of motor vehicles with sleeper berths to now 

adhere to the idling rule. If the exemption remains expired, the TMTA was concerned that 

motor ve!Iicle drivers with sleeper berths will be prohibited from idling longer than five 

minutes during their federal government-mandated rest period in local jurisdictions that 

have signed an MOA with the TCEQ to implement vehicle idling restrictions. 

During the stakeholder informal comment period, the EPA, the NCfCOG, and the CAC 

Advisory Committee expressed concerns with proposed revisions to §114.517. The 

revisions to §114.517(12), would retain the exemption that applies to motorve!Iicles when 

idling is necessary to power a heater or air conditioner while the driver is using the 

vehicle's sleeper berth for a government-mandated rest period and is not within two miles 
Commissioners 

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July 1, 2011 

Re: Docket No. 2010-0878-RUL 

of a facility offering external heating and air conditioning connections at a time when those 

connections are available. The EPA indicated that if the Texas Legislature were to take 

action to retain this exemption, the EPA would understand why the TCEQ would adopt 

these changes. However, the EPA would not be able to approve these changes in the SIP 

because retaining this exemption would weaken the SIP, unless the TCEQ could provide 

substitute reductions or modeling to show that attainment can be met without these 

credits. In regard to the EPA's comment, on Aprilg, 2010, the EPA published its approval 

of revisions to the SIP regarding the idling rule that the TCEQ submitted on February 28, 

2008 (75 Federal Register 18061). In this approval, the EPA did not address the previous 

revisions to §114.512(b) prohibiting idling of a vehicle within a school zone or within 1,000 

feet of a public school during operating hours and §114.517(12) exempting the idling of the 

primary propulsion e~gine of a vehicle to provide air conditioning when powering an air 

conditioner in the vehicle's sleeper berth for a government-mandated rest period, because 

these provisions of the rule had already expired. 

The EPA also expressed concern with the rule revisions to add a new exemption that 

applies to armored vehicles when idling is necessary while an employee remains inside the 

vehicle to guard the contents or while the vehicle is being loaded or unloaded. The EPA 

believes that adding this new exemption would weaken the motor vehicle idling rules that 

were approved in the SIP and stated it would not be able to approve this revision in the SIP 

unless substitute reductions or modeling were provided to show that attainment can be 

met without those credits. However, the EPA's Model State Idling Law guidance 

specifically exempts armored vehicles when a person remains inside the vehicle to guard 

the contents or while the vehicle is being loaded or unloaded. 

Does this rulemaking affect any current policies or require development of 

new policies? 

No policies are affected by this adopted rulemaking. 

What are the consequences if this rulemaking does not go forward? Are there 

&ternativesrorulemwo~ · Armored vehicles will not be added to the exemption list and operators of motor vehicles 

with sleeper berths will not be allowed to idle during the government-mandated rest period 

in areas that have signed an MOA with the TCEQ to enforce the idling rules. Also, the 

idling restrictions would only be enforceable during the period ofApril1 through October 

31 each calendar year. 

Alternatives to the adopted rulemaking could be one or any combination of the following 

modifications to §114.512 and §114-517: 

• add armored vehicles to the list of idling restriction exemptions in §114-51{> 

• allow the prohibition on idling in residential area$, school zones, or near hospitals 

with a fine of $soo per offense, which expired on September 1. 20o9, to remain in 

§114-512; 
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July 1, 2011 

Re: Docket No. 2010-0878-RUL 

• allow the exemption for a motor vehicle when idling for heating or air conditioning 

while a driver is using the vehicle's sleeper berth for a government-mandated rest 

period and not within two miles of a facility offering external heating or 

conditioning, which expired on September 1, 2009, to remain in §114.517; or 

• remove provisions in §114.512 and §114.517 that have expired and are no longer 

applicable. 

Failure to address the expired exemption in §114.517 will restrict operators of motor 

vehicles with sleeper berths from idling during their government-mandated rest period in 

areas that have signed an MOA with the TCEQ to enforce the idling rule$. 

Key points in the adoption rulemaking schedule: 

Texas Register proposal publication date: February 11, 2011 

Anticipated Texas Register publication date: August 5, 2011 

Anticipated effective date: August 11, 2011 

Six-month Texas Register filing deadline: August 11, 2011 

Agency contacts: 

Nina Castillo, Rule Project Manager, 239-4415, Air Quality Division 

Ross Henderson, Staff Attorney, 239-6257 

Michael Parrish, Texas Register Coordinator, 239-2548 

Attachments 

SB 12, 8oth Texas Legislature, 2007, Regular Session 

HB 1540, 79th Texas Legislature, 2005, Regular Session 

National Amlored Car Association Petition 

Decision of the Commission Regarding the National Amlored Car Association Petition 

cc: Chief Clerk, 2 copies 

Executive Director's Office 

Susana M. Hildebrand, P.E. 

Anneldsal 

Curtis Seaton 

Ashley Morgan 

Office of General Counsel 

Nina Castillo 

Michael Parrish 
EVALUATION OF TESTIMONY 

The Texas Commission on Environmental Quality (TCEQ or commission) adopts the 

amendments to §114.512 and §114.517 without change to the proposed text as published 

in the February 11, 2011, issue of the Texas Register (36 TexReg 707). The text will not 

be republished. 

The amended sections will be submitted to the United States Environmental Protection 

Agency (EPA) as revisions to the state implementation plan (SIP). 

Background and Summary of the Factual Basis for the Adopted Rules 

Chapter 114, Subchapter J, Division 2, Locally Enforced Motor Vehicle Idling 

Limitations, was adopted on November 17, 2004, at the request of the local air quality 

planning organization in the Austin Early Action Compact (EAC) area (Bastrop, 

Caldwell, Hays, Travis, and Williamson Counties) for use as a control strategy in its EAC 

agreement to maintain attainment with the 1997 eight-hour ozone National Ambient Air 

Quality Standard (NAAQS), as published in the December 3, 2004, issue of the Texas 

Register (29 TexReg 11347). The adopted idling limitations rules provided all local 

governments the option of applying the rules when additional control measures are 

needed to achieve or maintain attainment of the federal1997 eight-hour ozone 

standards. 

The concept of an early, voluntary 1997 eight-hour air quality plan, also known as an 

EAC, was endorsed by the EPA Region 6 in June 2002. It was slightly modified and 

1 
made available nationallyin November 2002. A key point of an EAC was the flexibility 

afforded areas to select emission reduction measures, such as limiting vehicle idling. On 

August 1, 2005, members of the Austin EAC and the commission signed the locally 

enforced idling restrictions memorandum of agreement (MOA). This MOA allowed 

participating counties and cities to enforce the idling restriction rule in their 

jurisdictions. Members of the Austin EAC area signing the MOA included the counties of 

Bastrop, Caldwell, Hays, Travis, and Williamson, and the cities of Austin, Bastrop, 

Georgetown, Hutto, Lockhart, Luling, Round Rock, and San Marcos. Idling restrictions 

are also a commitment for the Austin-Round Rock 1997 Eight-Hour Ozone Flex Plan 

signed in September 2008. 

An additional three counties, twenty cities, and two towns in the Dallas-Fort Worth 

(DFW) area have also signed agreements to enforce the idling restriction rule in their 

jurisdictions including the counties of Collin, Kaufman, and Tarrant; the cities of 

Arlington, Benbrook, Cedar Hill, Celina, Colleyville, Dallas, Euless, Hurst, Keene, Lake 

Worth, Lancaster, Mabank, McKinney, Mesquite, North Richland Hills, Pecan Hill, 

Richardson, Rowlett, University Park, and Venus; and the towns of Little Elm and 

Westlake. Idling restrictions are a commitment for the DFW 1997 Eight-Hour Ozone 

Attainment Demonstration SIP revision adopted May 23, 2007, as a Voluntary Mobile 

Emissions Reductions Program (VMEP). 

This adopted rulemaking amends the rule on idling limits for gasoline and dieselpowered engines in motor vehicles within the jurisdiction of any local government in the 

state that has signed an MOA with the commission to delegate enforcement to that local 

2 
government. Local enforcement is crucial to the effective implementation of rules to 

reduce the extended idling of gasoline and diesel-powered heavy-duty vehicles and will 

help to ensure the reduction of nitrogen oxides (NOx) and volatile organic compounds 

(VOC), which is needed by local governments to achieve or maintain attainment of the 

NAAQS for ozone. These adopted idling restrictions will continue to lower NOx 

emissions and other pollutants from fuel combustion. Because NOx is a precursor to 

ground-level ozone formation, reduced emissions of NOx will result in ground-level 

ozone reductions. 

The adopted rulemaking amends the current enforcement period of Apri11 through 

October 31 to allow local governments to enforce idling limits year-round. The 

enforcement dates were included when the rule was originally adopted at the request of 

the local air quality planning organization in the Austin EAC area for use as a control 

strategy in its EAC agreement to maintain attainment with the 1997 eight-hour ozone 

NAAQS. This rulemaking also provided local governments in other areas of the state the 

option of applying these rules in their areas when additional control measures are 

needed to achieve or maintain attainment of the NAAQS for ozone in the future. When 

the rule was adopted in 2004, there were no federal regulations governing idle time for 

heavy-duty motor vehicles. Therefore, the state had the authority to control motor 

vehicle idling. The requirements developed by the commission for this NOx emissions 

reduction strategy resulted in restrictions on the time allowed for heavy-duty motor 

vehicle idling. The 79th Legislature, 2005, enacted House Bill (HB) 1540, establishing 

Texas Health and Safety Code (THSC), §382.0191, Idling of Motor Vehicle While Using 

Sleeper Berth, which prohibited the commission from restricting the idling of a motor 

3 
vehicle while a driver is using the vehicle's sleeper berth for a government-mandated 

rest period. HB 1540 also restricted drivers using the vehicle's sleeper berth from idling 

in a school zone or within 1,000 feet of a public school during its hours of operation, and 

it defined the penalty for an offense as a fine not to exceed $500. HB 1540 did not 

specify an enforcement period, but it set a September 1, 2007, expiration date on the 

section. The commission adopted the revision on April 26, 2006, to the locally enforced 

motor vehicle idling rule as published in the May 12, 2006, issue of the Texas Register 

(31 TexReg 3900). 

In the same rulemaking, the commission adopted revisions to the idling rule to conform 

to legislation passed in 2005. To be consistent with HB 1540, §114.512 and §114.517 were 

amended to include §114.512(b) and §114.517(12) with a September 1, 2007, expiration 

date. In May 2007, the 8oth Legislature, 2007, enacted Senate Bill (SB) 12, which in part 

amended THSC, §382.0191 to extend the prohibition on the commission from adopting 

rules restricting certain idling activities from September 1, 2007, to September 1, 2009, 

as published in the February 15, 2008, issue of the Texas Register (33 TexReg 1345). 

Local governments can enforce idling restrictions on drivers who were previously 

exempt under §114.517(12), because the exemption expired on September 1, 2009. This 

adopted rulemaking removes the September 1, 2009, expiration date from the relevant 

portions of §114.517 to continue the exemption. As of September 1, 2009, the prohibition 

in §114.512(b) of certain vehicles from idling within 1,000 feet of a school or hospital 

expired. Therefore, this subsection is deleted in the adopted rulemaking. 

During the rulemaking in 2007, to implement the requirements of SB 12, the 

4 
commission adopted §114.517(2), the intent of which was to provide an exemption for all 

vehicles with gross vehicle weight rating of 14,000 pounds or less until September 1, 

2009, and thereafter only to such vehicles that do not have a sleeper berth. This adopted 

rulemaking amends §114.517(2) to remove the duplicative exemption for a motor vehicle 

that has a gross vehicle weight rating of 14,000 pounds or less, after September 1, 2009. 

The National Armored Car Association submitted a petition for rulemaking on May 22, 

2008, requesting that armored vehicles be added to the current list of idling restriction 

exemptions under §114.517. Staff received approval from the commission on July 9, 

2008, to move forward with initiating rulemaking regarding the armored vehicle 

petition; however, following a stakeholder meeting held on October 6, _2008, action on a 

rulemaking proposal to implement the petition was deferred in anticipation of potential 

legislative changes from the 81st Legislature, 2009. This adopted rulemaking addresses 

the armored vehicle petition by adding armored vehicles to the current list of idling 

restriction exemptions under §114.517 to be consistent with the EPA's Model State Idling 

Law guidance. According to the EPA's guidance, armored vehicles are exempt when a 

person remains inside the vehicle to guard the contents or while the vehicle is being 

loaded or unloaded. 

On April 9, 2010, the EPA published its approval of revisions to the SIP regarding the 

idling rule that the TCEQ submitted on February 28, 2008 (75 FR 18061). In that 

approval, the EPA did not address the previous revisions to §114.512(b) prohibiting 

idling of a vehicle within a school zone or within 1,000 feet of a public school during 

operating hours and §114.517(12) exempting the idling of the primary propulsion engine 

5 
of a vehicle to provide air conditioning and heating for the vehicle's sleeper berth for a 

government-mandated rest period, because these provisions of the rule had already 

expired. 

Federal Clean Air Act, §110(1) Demonstration 

Some increases in emissions may be expected due to the addition of an idling exemption 

for armored vehicles. However, the exemption will not interfere with attainment or 

reasonable further progress in the SIP, because the adopted year-round enforcement 

will offset these relatively small increases. Extending the enforcement period to yearround enforcement should provide more emissions reductions in the months that are 

currently not subject to enforcement. Thus, any potential increases resulting from an 

exemption for armored vehicles should be offset by these reductions. Additionally, by 

authorizing the enforcement to year-round, the state hopes to increase enforcement in 

the current ozone period by eliminating any drop off in enforcement that may occur due 

to the seasonal nature of the ozone enforcement period. An exemption for armored 

vehicles is necessary for the health and safety of the employees and the public. 

Adding the armored car exemption and retaining the sleeper berth exemption will not 

interfere with attainment or reasonable further progress in the SIP, because the DFW 

area achieved an excess of NOx and VOC emission reductions through the VMEP 

commitments. The excess emissions reductions achieved was greater than the 0.12 tons 

per day (tpd) NOx and 0.004 tpd VOC emission reduction shortfall estimated in the 

North Central Texas Council of Governments (NCTCOG) VMEP accounting for the 

Locally Enforced Idling Restrictions. Furthermore, the 0.86 tpd NOx and 3.66 tpd VOC 

6 
excess emission reductions achieved for the overall VMEP, as estimated in the 

NCTCOG's VMEP accounting, were greater than the emission reduction commitments 

for the Locally Enforced Idling Restrictions component of the VMEP. 

Likewise, the amendments removing the expired prohibitions against drivers using 

sleeper berths idling near residential areas, school zones, and near hospitals will not 

result in backsliding. The prohibitions that have expired were never adopted into the 

SIP. Therefore, removal of these expired provisions cannot result in backsliding. 

Additionally, as mentioned previously, even if the provisions were part of the SIP, there 

are excess emissions achieved under the VMEP program that have exceeded the 

emission reduction commitments. 

Section by Section Discussion 

§114.512, Control Requirements for Motor Vehicle Idling 

The adoption amends §114.512 to remove the enforcement period of April1 through 

October 31 of each calendar year in subsection (a) to allow enforcement year-round. The 

adoption will also remove the prohibition for drivers using sleeper berths to idle in 

residential areas, school zones, and near hospitals and the expiration date in subsection 

(b) because it has expired. Additionally, the revisions remove the designation (a) for 

subsection (a) to conform to the Texas Register formatting requirements. 

§114.517, Exemptions 

The adoption amends §114.517 to remove the exemption in paragraph (2) for a motor 

vehicle that has a gross vehicle weight rating of 14,000 pounds or less, for consistency 

7 
with other revisions in the section and to add a new exemption in paragraph (2) for 

armored vehicles to implement the petition approved by the commission on July 9, 

2008. The adoption will also retain the exemption in paragraph (12), which expired on 

September 1, 2009, regarding idling for heating or air conditioning while a driver is 

using the vehicle's sleeper berth for a government-mandated rest period and not within 

two miles of a facility offering external heating or air conditioning. 

Final Regulatory Impact Analysis Determination 

The commission reviewed the adopted rulemaking in light of the regulatory analysis 

requirements of Texas Government Code, §2001.0225 and determined that the adopted 

rulemaking does not meet the definition of a "major environmental rule." Texas 

Government Code, §2001.0225 states that a "major environmental rule" is, "a rule the 

specific intent of which is to protect the environment or reduce risks to human health 

from environmental exposure and that may adversely affect in a material way the 

economy, a sector of the economy, productivity, competition, jobs, the environment, or 

the public health and safety of the state or a sector of the state." Furthermore, while the 

adopted rulemaking does not constitute a major environmental rule, even if it did, a 

regulatory impact analysis is not required, because the adopted rulemaking does not 

meet any of the four applicability criteria for requiring a regulatory impact analysis for a 

major environmental rule. Texas Government Code, §2001.0225 applies only to a major 

environmental rule which, "(1) exceeds a standard set by federal law, unless the rule is 

specifically required by state law; (2) exceeds an express requirement of state law, unless 

the rule is specifically required by federal law; (3) exceeds a requirement of a delegation 

agreement or contract between the state and an agency or representative of the federal 

8 
government to implement a state and federal program; or (4) adopts a rule solely under 

the general powers of the agency instead of under a specific state law." 

The adopted rulemaking implements requirements of the Federal Clean Air Act (FCAA). 

Under 42 United States Code (USC), §7410, each state is required to adopt and 

implement a SIP containing adequate provisions to implement, attain, maintain, and 

enforce the NAAQS within the state. While 42 USC, §7410 generally does not require 

specific programs, methods, or reductions in order to meet the standard, SIPs must 

include "enforceable emission limitations and other control measures, means or 

techniques (including economic incentives such as fees, marketable permits, and 

auctions of emissions rights), as well as schedules and timetables for compliance as may 

be necessary or appropriate to meet the applicable requirements of this chapter," 

(meaning 42 USC, Chapter 85, Air Pollution Prevention and Control, otherwise known 

as the FCAA). The provisions of the FCAA recognize that states are in the best position 

to determine what programs and controls are necessary or appropriate in order to meet 

the NAAQS. This flexibility allows states, affected industry, and the public to collaborate 

on the best methods for attaining the NAAQS for the specific regions in the state. Even 

though the FCAA allows states to develop their own programs, this flexibility does not 

relieve a state from developing a program that meets the requirements of 42 USC, 

§7410. States are not free to ignore the requirements of 42 USC, §7410, and must 

develop programs and control measures to assure that their SIPs provide for 

implementation, attainment, maintenance, and enforcement of the NAAQS within the 

state. Participation in the idling program is voluntary, and currently only the local 

governments in the Central Texas Area and the North Central Texas Area have signed 

9 
agreements to implement vehicle idling rules. The affected idling limitations rules 

provide all local governments the option of applying the rules when additional control 

measures are needed to achieve or maintain attainment of the federal ozone standards. 

The specific intent of the adopted rulemaking is to make the idling enforcement period 

year-round; to remove the existing duplicative exemption for a motor vehicle that has a 

gross vehicle weight rating of 14,000 pounds or less; to exempt armored vehicles from 

motor vehicle idling requirements; and to retain the exemption of idling for heating or 

air conditioning while a driver is using the vehicle's sleeper berth for a governmentmandated rest period and not within two miles of a facility offering external heating or 

air conditioning, which expired on September 1, 2009. 

The adopted rulemaking does not constitute a major environmental rule under Texas 

Government Code, §2001.0225(g)(3) because the specific intent of the adopted 

rulemaking is to protect the environment or reduce risks to human health from 

environmental exposure, as discussed previously in the FISCAL NOTE, PUBLIC 

BENEFITS AND COSTS, SMALL BUSINESS REGULATORY FLEXIBILITY ANALYSIS, 

and the LOCAL EMPWYMENT IMPACT STATEMENT sections of the proposal 

preamble as published in the February 11, 2011, issue of the Texas Register (36 TexReg 

707). The adopted rulemaking will not adversely affect in a material way the economy, a 

sector of the economy, productivity, competition, or jobs; nor will the adopted 

rulemaking adversely affect in a material way the environment or the public health and 

safety of the state or a sector of the state. The idling restrictions are applicable 

throughout the state, but are effective only in certain areas of the state where an MOA 

10 
between the TCEQ and a local government is in effect and only in certain defined areas 

within those limited areas. The adopted rulemaking is not subject to a regulatory impact 

analysis under Texas Government Code, §2001.0225, because it is not a major 

environmental rule. 

While the adopted rulemaking does not constitute a major environmental law, even if it 

did, it would not be subject to a regulatory impact analysis under Texas Government 

Code, §2001.0225. The requirement to provide a fiscal analysis of regulations in the 

Texas Government Code was amended by SB 633 during the 75th Legislature, 1997. The 

intent of SB 633 was to require agencies to conduct a regulatory impact analysis of 

extraordinary rules. These are identified in the statutory language as major 

environmental rules that will have a material adverse impact and will exceed a 

requirement of state law, federal law, or a delegated federal program; or are adopted 

solely under the general powers of the TCEQ. With the understanding that this 

requirement would seldom apply, the commission provided a cost estimate for SB 633 

that concluded: ''based on an assessment of rules adopted by the agency in the past, it is 

not anticipated that the bill will have significant fiscal implications for the agency due to 

its limited application." The commission also noted that the number of rules that would 

require assessment under the provisions of the bill was not large. This conclusion was 

based, in part, on the criteria set forth in the bill that exempted rules from the full 

analysis unless the rule was a major environmental rule that exceeds a federal law. 

The FCAA does not always require specific programs, methods, or reductions in order to 

meet the NAAQS; thus, states must develop programs for each nonattainment area to 

11 
help ensure that those areas will meet the attainment deadlines. Because of the ongoing 

need to address nonattainment issues and to meet the requirements of 42 USC, §7410, 

the commission routinely proposes and adopts revisions to the SIP and rules. The 

legislature is presumed to understand this federal scheme. If each rule adopted for 

inclusion in the SIP was considered to be a major environmental rule that exceeds 

federal law, then every revision to the SIP would require the full regulatory impact 

analysis contemplated by SB 633. This conclusion is inconsistent with the conclusions 

reached by the commission in its cost estimate and by the Legislative Budget Board 

(LBB) in its fiscal notes. Since the legislature is presumed to understand the fiscal 

impacts of the bills it passes and that presumption is based on information provided by 

state agencies and the LBB, the commission believes that the intent of SB 633 was only 

to require the full regulatory impact analysis for rules that are extraordinary in nature. 

While the rules have a broad impact, that impact is no greater than is necessary or 

appropriate to meet the requirements of the FCAA. For these reasons, rules adopted for 

inclusion in the SIP fall under the exception in Texas Government Code, §2001.0225(a), 

because they are required by federal law. 

The commission has consistently applied this construction to its rules since this statute 

was enacted in 1997. Since that time, the legislature has revised the Texas Government 

Code but left this provision substantially unamended. It is presumed that, "when an 

agency interpretation is in effect at the time the legislature amends the laws without 

making substantial change in the statute, the legislature is deemed to have accepted the 

agency's interpretation." Central Power & Light Co. v. Sharp, 919 S.W.2d 485, 489 

(Tex. App. Austin 1995), writ denied with per curiam opinion respecting another issue, 

12 
960 S.W.2d 617 (Tex. 1997); Bullock v. Marathon Oil Co., 798 S.W.2d 353, 357 (Tex. 

App. Austin 1990, no writ); Cf Humble Oil & Refining Co. v. Calvert, 414 S.W.2d 172 

(Tex. 1967); Dudney v. State Farm Mut. Auto Ins. Co., 9 S.W.3d 884, 893 (Tex. App. 

Austin 2000); Southwestern Life Ins. Co. v. Montemayor, 24 S.W.3d 581 (Tex. App. 

Austin 2000, pet. denied); and Coastal Indust. Water Auth. v. Trinity Portland Cement 

Div., 563 S.W.2d 916 (Tex. 1978). 

The commission's interpretation of the regulatory impact analysis requirements is also 

supported by a change made to the Texas Administrative Procedure Act (AP A) by the 

legislature in 1999. In an attempt to limit the number of rule challenges based uponAPA 

requirements, the legislature clarified that state agencies are required to meet these 

sections of the AP A against the standard of "substantial compliance" as required in 

Texas Government Code, §2001.035· The legislature specifically identified Texas 

Government Code, §2001.0225 as falling under this standard. The commission has 

substantially complied with the requirements of Texas Government Code, §2001.0225. 

Even if the adopted rulemaking constitutes a major environmental rule under Texas 

Government Code, §2001.0225(g)(3), a regulatory impact analysis is not required 

because this exemption is part of the commission's SIP for making progress toward the 

attainment and maintenance of the NAAQS. Therefore, the adopted rulemaking does not 

exceed a standard set by federal law or exceed an express requirement of state law, since 

they are part of an overall regulatory scheme designed to meet, not exceed the relevant 

standard set by federal law- the NAAQS. The commission is charged with protecting air 

quality within the state and to design and submit a plan to achieve attainment and 

13 
maintenance of the federally mandated NAAQS. The Third District Court of Appeals 

upheld this interpretation in Bramria County v. Texas Comm'n on Envtl. Quality, 128 

S.W. 3d 728 (Tex. App. -Austin 2004, no writ). The specific intent of the adopted 

rulemaking is to make the current idling enforcement period year-round; to remove the 

existing duplicative exemption for a motor vehicle that has a gross vehicle weight rating 

of 14,000 pounds or less and does not have a sleeper berth; to exempt armored vehicles 

from motor vehicle idling requirements; and to retain the exemption of idling for 

heating or air conditioning while a driver is using the vehicle's sleeper berth for a 

government-mandated rest period and not within two miles of a facility offering external 

heating or air conditioning, which expired on September 1, 2009. This adoption, 

therefore, does not exceed an express requirement of federal law. The amendments are 

needed to implement state law but do not exceed those new requirements. The adopted 

rulemaking does involve a compact (in particular, the Austin EAC), which is an 

agreement between the state and federal government to implement a state and federal 

program; however, the adopted amendments do not exceed the requirements of that 

compact. Finally, this adopted rulemaking was not developed solely under the general 

powers of the agency, but is authorized by specific sections ofTHSC, Chapter 382, which 

are cited in the STATUTORY AUTHORITY section of this preamble, including THSC, 

§382.012 and §382.019. Because this adopted rule making does not meet any of the four 

applicability requirements, Texas Government Code, §2001.0225(b) does not apply, and 

a regulatory impact analysis is not required. 

This adopted rulemaking is not subject to the regulatory analysis provisions of Texas 

Government Code, §2001.0225(b ), for the following reasons. The adopted rule making is 

14 
not a major environmental law, because while the specific intent of the adopted rules are 

to protect the environment or reduce risks to human health from environmental 

exposure, the adopted rulemaking would not adversely affect in a material way the 

economy, a sector of the economy, productivity, competition, or jobs, nor would it 

adversely affect in a material way the environment or the public health and safety of the 

state or a sector of the state. Furthermore, even if the adopted rulemaking was a major 

environmental rule, it does not meet any of the four applicability criteria listed in Texas 

Government Code, §2001.0225, because: 1) the adopted rulemaking is part of the SIP, 

and as such is designed to meet, not exceed the relevant standard set by federal law; 2) 

parts of the adopted rulemaking are directly required by state law; 3) no contract or 

delegation agreement covers the topic that is the subject of this adopted rulemaking; or 

4) the adopted rule making is authorized by specific sections of THSC, Chapter 382 (also 

known as the Texas Clean Air Act), and the Texas Water Code, which are cited in the 

STATUTORY AUTHORITY section of this preamble. 

The commission invited public comment regarding the draft regulatory impact analysis 

determination during the public comment period, and no comments were received. 

Takings Impact Assessment 

The commission evaluated the adopted rulemaking and performed an analysis of 

whether the adopted rulemaking constitutes a taking under Texas Government Code, 

Chapter 2007. The commission's assessment shows Texas Government Code, Chapter 

2007 does not apply. 

15 
Under Texas Government Code, §2007.002(5), taking means: "(A) a governmental 

action that affects private real property, in whole or in part or temporarily or 

permanently, in a manner that requires the governmental entity to compensate the 

private real property owner as provided by the Fifth and Fourteenth Amendments to the 

United States Constitution or Section 17 or 19, Article I, Texas Constitution; or (B) a 

governmental action that: (i) affects an owner's private real property t!Iat is the subject 

of the governmental action, in whole or in part or temporarily or permanently, in a 

manner that restricts or limits t!Ie owner's right to the property that would otherwise 

exist in the absence of the governmental action; and (ii) is the producing cause of a 

reduction of at least 25% in the market value of t!Ie affected private real property, 

determined by comparing the market value of the property as if the governmental action 

is not in effect and t!Ie market value of the property determined as if the governmental 

action is in effect." 

Promulgation and enforcement of the adopted rulemaking is neither a statutory nor a 

constitutional taking of private real property. These adopted rules are not burdensome, 

restrictive, or limiting of rights to private real property, because the adopted rule making 

regulates vehicle idling in certain limited areas. Furthermore, the adopted rulemaking 

benefits the public by providing all local governments t!Ie option of applying t!Ie idling 

rules when additional control measures are needed to achieve or maintain attainment of 

the federal ozone standards. The adopted rulemaking does not affect a landowner's 

rights in private real property, because this rulemaking does not burden, restrict, or 

limit the owner's right to property, nor does it reduce the value of any private real 

property by 25% or more beyond that which would otherwise exist in t!Ie absence of the 

16 
regulations. Therefore, these adopted rules do not constitute a taking under Texas 

Government Code, Chapter 2007. 

Consistency with the Coastal Management Program 

The commission reviewed the adopted rulemaking and found that the adoption is 

subject to the Texas Coastal Management Program (CMP) in accordance with the 

Coastal Coordination Act, Texas Natural Resources Code §§33.201 et seq., and therefore, 

must be consistent with all applicable CMP goals and policies. The commission reviewed 

this adopted rule making for consistency with the CMP goals and policies in accordance 

with the regulations of the Coastal Coordination Council and determined that the 

adopted rulemaking does not affect any coastal natural resource areas. The CMP goals 

applicable to the adopted rulemaking is the goal to protect, preserve, restore, and 

enhance the diversity, quality, quantity, functions, and values of coastal natural resource 

areas. No new sources of air contaminants are authorized in those affected counties. The 

CMP policy applicable to this adopted rulemaking action is the policy that commission 

rules comply with regulations in the Code of Federal Regulations (CFR) to protect and 

enhance air quality in the coastal area (40 CFR §501.32). This rulemaking adoption does 

not have a detrimental effect on SIP emissions reduction obligations relating to 

maintenance of the ozone NAAQS. This adopted rulemaking action complies with the 

CFR. Therefore, in compliance with 40 CFR §505.22(e), this adopted rulemaking action 

is consistent with CMP goals and policies. Promulgation and enforcement of these 

adopted rules does not violate or exceed any standards identified in the applicable CMP 

goals and policies, because the adopted rulemaking is consistent with these CMP goals 

and policies, and because these adopted rules do not create or have a direct or significant 

17 
adverse effect on any coastal natural resource areas. 

The commission invited public comment regarding the consistency with the CMP during 

the public comment period and no comments were received. 

Public Comment 

Public hearings on the proposal were held in Austin on March 1, 2011 and in Fort Worth 

on March 3, 2011. Oral comments regarding Chapter 114 were presented by the Capital 

Area Council of Governments (CAPCOG), FFE Transportation, the NCTCOG, and the 

Texas Motor Transportation Association (TMTA). The CAPCOG's oral comments were a 

summary of a written comments submitted by the Central Texas Clean Air Coalition 

(CAC); therefore, any reference to CAC in the comments and responses below also 

includes CAPCOG. The public comment period was from February 11, 2011, to March 11, 

2011. 

Written comments regarding Chapter 114 were provided by A Better Tripp Moving and 

Storage Co., Inc.; Acme Truck Line; Ahrens Bros. Trucking (HPI); Alamo Relocation & 

Storage, Inc.; All Ways Trucking; AllTrans Medical Solutions; ARB Transport; Averitt 

Express; B&D Owens Co.; B.I.B. Trucking; Baldwin Distribution Services, Ltd; Bamm 

Express Transport, LLC; BigFoots Hotshot Transport; Bobby Lehmann, Inc.; BPI; 

Brookshire's Food & Pharmacy; C. Lawless Trucking, LLC; Canal Cartage Company; 

CAC; Cargil Meat Logistics Solutions; Celanon; Charlie Slusser's Hauling Service; 

Creekside Nursery; Crete Carrier; CRST International; C-T Trucking; Cullen Trucking; 

City of Dallas; Dart Transit; Dist-Tech; Dorsey Trans; E.L. Farmer & Company; EPA; 

18 

\ 

' \ 
Excargo Services; Fikes Truck Line; Fremont Contract Carriers; Gandy & Son's, Inc.; 

Glenn Broussard Trucking; Guy M. Turner; H & H Logistical Services, Inc.; Hirschfield 

Transportation; Hot Shot Express; Housley Communication, Inc.; Hyden Highway 

Hauling L.L.C.; Johnsrud Transport, Inc.; Klaus Leinen bach Trucking; Ladybug Freight 

LLC; Landstar; Lanstar; Mayberry Express; McClatchy Bros., Inc.; MLC, LLC; Morse 

Trucking; Nabors Well Services Co.; NCTCOG; Oklahoma Tank Lines; OOIDA; Panel 

Truss; Pappas Restaurants; Parkway Transport, Inc.; Payan Express Transportation 

Services, Inc.; Phagan Express of Texas LLC; Phil Brewer Trucking; Plunkett Trucking; 

Pressinon, Inc.; Queen Moving & Storage Co.; Randy Bundy Trucking; RCL Trucking; 

Reed's Sand & Gravel, LLC; Refrigerated Transport, Inc.; Rex Long Transport Company; 

Skinner Transportation, Inc.; Specialized Transport Service, Inc., aka STS Heavy 

Hauling; Star Fleet Trucking; Sterling's Vacuum Service; Stevens Worldwide Van Lines, 

Inc.; Swift Transportation; Texas Hot Oilers, Inc.; TMT~; Texas Moving Co., Inc.; Tom 

Taylor Trucking; Transwood~ Inc.; Tri Dal, Ltd.; Turner Bros., LLC; Two Ts Trucking; 

USA Truck, Inc.; USFW; W. M. Dewey & Son, Inc.; Werner Enterprises, Inc.; and 31 

individuals. 

Response to Comments 

General Comments 

Comment 

The following entities and 24 individuals supported the proposed motor vehicle idling 

rule revision: A Better Tripp Moving and Storage Co., Inc.; Acme Truck Line; HPJ; 

Alamo Relocation & Storage, Inc.; AllTrans Medical Solutions; ARB Transport; B&D 

Owens Co.; B.I.B. Trucking; Baldwin Distribution Services, Ltd; Bamm Express 

19 
Transport, LLC; BigFoots Hotshot Transport; Bobby Lehmann, Inc.; BPI; Brookshire's 

Food & Pharmacy; C. Lawless Trucking, LLC; Canal Cartage Company; Cargil Meat 

Logistics Solutions; Charlie Slusser's Hauling Service; Creekside Nursery; Crete Carrier; 

C-T Trucking; Cullen Trucking; City of Dallas; Dart Transit; Dist-Tech; Dorsey Trans; 

E.L. Farmer & Company; FFE Transportation Services; EPA; Excargo Services; Fremont 

Contract Carriers; Gandy & Son's Inc.; Glenn Broussard Trucking; Guy M. Turner; H & 

H Logistical Services, Inc.; Hirschfield Transportation; Hot Shot Express; Housley 

Communication, Inc.; Hyden Highway Hauling L.L.C.; Johnsrud Transport, Inc.; Klaus 

Leinenbach Trucking; Ladybug Freight LLC; Landstar; Lanstar; Mayberry Express; 

McClatchy Bros., Inc.; MLC, LLC; Morse Trucking; Nabors Well Services Co.; Oklahoma 

Tank Lines; OOIDA; Panel Truss; Pappas Restaurants; Parkway Transport, Inc.; Payan 

Express Transportation Services, Inc.; Phil Brewer Trucking; Plunkett Trucking; 

Pressinon, Inc.; Queen Moving & Storage Co.; Randy Bundy Trucking; RCL Trucking; 

Refrigerated Transport, Inc.; Skinner Transportation, Inc.; Specialized Transport 

Service, Inc., aka STS Heavy Hauling; Star Fleet Trucking; Sterling's Vacuum Service; 

Stevens Worldwide Van Lines, Inc.; Swift Transportation; Texas Hot Oilers, Inc.; TMTA; 

Texas Moving Co., Inc.; Tom Taylor Trucking; Transwood, Inc.; Tri Dal, Ltd.; Turner 

Bros., LLC; Two Ts Trucking; USFW; W. M. Dewey & Son, Inc.; and Werner Enterprises, 

Inc. 

Response 

The commission appreciates the support for the proposed revisions to the 

rules. No changes were made to the rules based on these comments. 

20 
Comment 

All Ways Trucking, Averitt Express, Plunkett Trucking, and three individuals 

commented generally regarding idling regulation's effects on the health and safety of 

drivers and economic effects on drivers. All Ways Trucking commented that the 

argument against idling large trucks is understood, but the commission should consider 

how well someone could sleep with no electricity. Averitt Express commented against 

idling restrictions and that prohibiting idling will not accomplish anything. Plunkett 

Trucking commented that drivers must sleep in their vehicle when they reach their 

federally mandated rest period. CRST International commented generally against idling 

restrictions. An individual commented that drivers generally should not idle if not 

necessary; however, driver safety and economic hardships should be considered as well. 

Another individual commented that American truck drivers already have numerous 

rules and regulations placed on them. Another individual asked the commission to 

please consider the cause and effect of the commission's decision and long-term 

consequences. 

Response 

The commission acknowledges the comments and the concerns associated 

with health and safety of drivers. This rulemaking adds only a year-round 

idling enforcement period while eliminating certain idling prohibitions, 

retaining several exemptions, and adding a new exemption for armored 

cars. The commission has made no changes in response to these comments. 

21 
Comment 

Celanon commented that the commission has removed safe parking but enforces the 14-

hourrule. 

Response 

The commission acknowledges this comment. However, the commission 

does not enforce the hours-of-service regulations that put limits in place for 

when and how long commercial motor vehicle drivers may drive. The 

commission has made no changes in response to this comment. 

Comment 

Fikes Truck Line commented that most trucks and equipment have been updated, along 

with auxiliary power units for hotel loads, and the updated equipment is self-contained. 

This independence does not exist for other industries. 

Response 

The commission appreciates the comment. The commission has made no 

changes in response to the comment. 

Comment 

The CAC and the NCTCOG suggested that the commission take action to permit Texas 

Emissions Reduction Plan funding for idle reduction technology independent to whether 

idling occurs within a local jurisdiction that has adopted idling rules. 

22 
Response 

The commission appreciates the comment. The suggested change is beyond 

the scope of this rulemaking. The commission has made no changes in 

response to these comments. 

Comment 

The CAC suggested the commission make the effective date of any rule change at the end 

of the current ozone season to avoid any disruption to implementation of the existing 

rules in this ozone season. 

Response 

The commission appreciates the comment. In order to ensure the health 

and safety of drivers, the implementation of the rules will need to occur 

immediately. The commission has made no changes in response to this 

comment. 

§114.512, Control Requirements for Motor Vehicle Idling 

Comment 

The CAC, the EPA, and the NCTCOG supported extending the enforcement period to 

year-round to make enforcement consistent and provide additional protection from 

ozone pollutants. The NCTCOG supported allowing an exemption for armored vehicles 

due to idling when necessary to provide comfort and safety to employees. 

23 
Response 

The commission appreciates the support. The commission has made no 

changes in response to these comments. 

Comment 

The CAC, the EPA, and the NCTCOG suggested the commission should retain the 

prohibition for drivers using sleeper berths to idle in a school zone, within 1,000 feet of a 

hospital, or within 1,000 feet of a public school during its hours of operation to help 

reduce the amount of emissions from idling in these sensitive areas. If the sleeper berth 

exemption is reinstated, the health of persons in these areas must continue to be 

protected. 

Response 

While the commission acknowledges the potential health benefits of the 

prohibition of idling within 1,000 feet of a public school or hospital and 

appreciates the commenters' concerns, at this time the commission does 

not have sufficient technical analysis specific to idling near schools and 

hospitals to support such a regionally specific prohibition beyond the 

original legislative mandate. As discussed elsewhere in the RESPONSE TO 

COMMENTS section of this preamble, the commission is electing to retain 

the exemption in §114.517(12) regarding sleeper berths even though the 

statute has expired, because the commission considers this exemption to be 

appropriate and necessary for driver safety and considering federal 

requirements for mandatory rest periods. The commission has made no 

24 
changes in response to these comments. 

Comment 

The CAC and the NCTCOG suggested specifying that enforcement can occur as a class C 

misdemeanor, as opposed to a class B misdemeanor, which is currently stipulated for 

counties, because no fine is associated with violating the rule. 

Response 

Texas Water Code, §7.177 sets a fine for criminal violations of the rule. The 

commission does not have authority to set criminal fines that differ from a 

statute. The change requested by the counties would require a legislative 

change. The commission has made no changes in response to these 

comments. 

Comment 

The NCTCOG suggested extending the idling restriction to include additional vehicle 

classes of commercial medium-duty vehicles in the 6,ooo- to 14,000-pound gross 

vehicle weight rating. 

Response 

The commission appreciates the comment. The commission did not 

propose the suggested restriction or consider the restriction in the initial 

rule proposal. Affected individuals, companies, and other interested parties 

would not be provided adequate opportunity to comment on the suggested 

25 
idling control requirement. The commission has made no changes in 

response to this comment. 

Comment 

The NCTCOG commented that a local government in North Central Texas suggested 

that the commission consider prohibiting idling at railroad crossings as part of the idling 

limitations rule as an additional way to curb idling emissions. 

Response 

The commission appreciates the comment. The suggested change is beyond 

the scope of this rulemaking. The commission cannot include the additional 

idling restriction as suggested because it was not included in the initial rule 

proposal. Affected individuals, companies, and other interested parties 

would not be provided adequate opportunity to comment on this suggested 

idling restriction. The commission has made no changes in response to this 

comment. 

§114.517, Exemptions 

Comment 

The EPA recommended that a technical analysis or modeling demonstration be provided 

to show that the proposed year-round enforcement of the idling rule would offset the 

emissions increase resulting from the new proposed exemption for armored vehicles. 

26 
Response 

Some increases in emissions may be expected due to the addition of an 

idling exemption for armored vehicles. However, the exemption will not 

interfere with attainment or reasonable further progress in the SIP, 

because the proposed year-round enforcement will offset these relatively 

small increases. Extending the enforcement period to year-round 

enforcement should provide more emissions reductions in the months that 

are currently not subject to enforcement. Thus, any potential increases 

resulting from an exemption for armored vehicles should be offset by these 

reductions. Furthermore, the DFW area exceeded the NOx and VOC 

emission reductions required through the VMEP commitments. The excess 

emissions reductions were greater than the 0.12 tpd NOx and 0.004 tpd 

VOC emission reduction shortfall estimated in the NCfCOG's VMEP 

accounting for the Locally Enforced Idling Restrictions. In addition, the 

o.86 tpd NOx and 3.66 tpd VOC excess emission reductions accomplished 

for the overall VMEP, as estimated in the NCfCOG's VMEP accounting, 

were greater than the emission reduction commitments for the Locally 

Enforced Idling Restrictions component of the VMEP. Finally, the 

exemption for armored vehicles is consistent with EPA's Model State Idling 

Law guidance document. The commission has made no changes in response 

to this comment. 

Comment 

The CAC commented it does not support adoption of the sleeper berth exemption, 

27 
because it will make the rule difficult to enforce, diminish incentives for installation of 

idle reduction measures, and discourage jurisdictions from participation in the MOAs. 

The CAC commented that retaining the exemption is not consistent with the legislative 

intent to allow the exemption to expire. The CAC recommended that the sleeper berth 

exemption should be limited if the commission adopts the exemption such as: prohibit 

sleeper berth idling in sensitive areas; or to restrict heavy-duty vehicles only; allow the 

exemption for no longer than a two-year period; modify the geographic applicability to 

no idling within 30 miles of a facility offering external heating or air conditioning. The 

CAC suggested the commission should focus on what modifications would make the rule 

more effective at reducing emissions from idling, rather than trying to discern the 

legislature's intent in expired statutes. 

Response 

The commission acknowledges this comment; however, the commission 

must balance the health and safety of drivers with the benefits of idling 

restrictions. The commission has made no changes in response to this 

comment. 

Comment 

The EPA commented that it would not be able to approve the proposed idling restriction 

sleeper berth exemption in the SIP unless the commission can provide substitute 

reductions or modeling to show that attainment can be met without the credits affected 

by the exemption. 

28 
Response 

In response to the EPA's comments, the commission has added to the FCAA, 

§uo(l) demonstration that retaining the sleeper berth exemption will not 

interfere with attainment or reasonable further progress in the SIP because 

the DFW area achieved an excess of NOx and VOC emission reductions 

through the VMEP commitments. Additionally, the excess emissions 

reductions were greater than the 0.12 tpd NOx and 0.004 tpd VOC emission 

reduction shortfall estimated in the NCfCOG's VMEP accounting for the 

Locally Enforced Idling Restrictions. Furthermore, the o.86 tpd NOx and 

3.66 tpd VOC excess emission reductions accomplished for the overall 

VMEP, as estimated in the NCfCOG's VMEP accounting, were greater than 

the emission reduction commitments for the Locally Enforced Idling 

Restrictions component of the VMEP. Finally, on April9, 2010, the EPA 

published its approval of revisions to the SIP regarding the idling rule that 

the TCEQ submitted on February 28, ~oo8 (75 FR 18061). In that approval, 

the EPA did not address the previous revisions to §114.517(12) exempting 

the idling of the primary propulsion engine of a vehicle to provide air 

conditioning and heating for the vehicle's sleeper berth for a governmentmandated rest period, because these provisions of the rule had already 

expired. 

29 
Comment 

The NCTCOG commented that it is not opposed to reinstating the sleeper berth 

exemption for idling during a government-mandated rest period so long as no idling is 

allowed in sensitive areas. 

Response 

The commission appreciates the support. The rule change was made to be 

consistent with the federal requirement mandating rest stops to protect the 

health and safety of drivers. The commission has made no changes in 

response to this comment. 

Comment 

Phagan Express of Texas LLC commented that the idling rule places an additional 

burden on drivers that is not needed. Reed's Sand & Gravel, LLC, commented that the 

trucking industry is being forced into extinction. With high fuel prices troubling 

truckers, the rulemaking is adding the burden of being unable to rest comfortably. Rex 

Long Transport Company commented this rulemaking would be harmful for drivers 

who cannot afford external power plants at a cost of approximately $10,000. Citing that 

temperatures in Texas range from lows in the teens and as high as 100 plus degrees 

Fahrenheit, no driver should be forced into that situation. USA Truck, Inc. commented 

on its concerns that the idling rule would prevent truckers from receiving quality sleep. 

An individual commented that drivers need to make their own decisions on the issue of 

idling and are aware of when they need to use air conditioning and heating for rest 

periods and sleep. Another individual commented that the idling rule must take into 

30 
consideration the hardship it places on the driver who cannot make it to a truck stop 

that has facilities with external heating and air conditioning connections. The individual 

asked that the commission consider that a driver cannot get proper rest if the driver is 

too hot or too cold. The anti-idling regulations place undue hardship on the drivers. 

Another individual commented that truck drivers should be allowed to idle their engines 

in order to keep the temperature close to what they are used to so they can get rest while 

on breaks or waiting to pick up or deliver. The individual commented that the distance 

to external temperature control should not matter because it is not possible to wait in 

line for availability unless on shipper or receiver property. Another individual 

commented that it is these laws, which prevent truck drivers from running the air 

conditioner and getting enough sleep, make drivers dangerous for families on highways. 

Response 

The commission acknowledges the comments and the concerns associated 

with the health and safety of drivers. The anti-idling rules are an ozone 

reduction program that helps areas that are nonattainment and near 

nonattainment reduce pollution. In addition, this rulemaking adds only a 

year-round idling enforcement period while eliminating certain idling 

prohibitions, retaining several exemptions to allow truck drivers to use air 

conditioner or heating, and adding a new exemption for armored cars. The 

commission has made no changes in response to these comments. 

Comment 

The NCTCOG suggested including an exemption for vehicles powered by "Certified 

31 
Clean Idle" engines, because these engines pollute less than many idle-reduction options 

currently allowed under the rule and would eliminate the demand on drivers to have 

duplicative technology to comply with various state's idling rules. 

Response 

The commission appreciates the comment. The commission did not 

propose the suggested exemption or consider the exemption in the FCAA, 

§noO) demonstration for this rulemaking. The commission may consider 

the suggested exemption in a later rulemaking with additional analysis. The 

commission has made no changes in response to this comment. 

32 
STAFF 

RECOMMENDATIONS
SUBCHAPTER J: OPERATIONAL CONTROLS FOR MOTOR VEHICLES 

DIVISION 2: LOCALLY ENFORCED MOTOR VEHICLE IDLING 

LIMITATIONS 

§114.512 AND §114.517 

Statutory Authority 

These amendments are adopted under the authority of Texas Government Code, 

§2001.021, Petition for the Adoption of Rules, which authorizes an interested person to 

petition a state agency for the adoption of a rule. The amendments are adopted under 

Texas Water Code (TWC), §5.102, General Powers; TWC, §5.103, Rules; and TWC, 

§5.105, General Policy, which provide the commission with the general powers to carry 

out its duties and authorize the commission to adopt rule making necessary to carry out 

its powers and duties under the TWC; and TWC, §5.013, General Jurisdiction of 

Commission, which states the commission's authority over various statutory programs. 

The amendments are also adopted under Texas Health and Safety Code (THSC), 

§382.017, Rules, which authorizes the commission to adopt rules consistent with the 

policy and purposes of THSC, Chapter 382 (the Texas Clean Air Act), and to adopt rules 

that differentiate among particular conditions, particular sources, and particular areas 

of the state. The amendments are also adopted under THSC, §382.002, Policy and 

Purpose, which establishes the commission's purpose to safeguard the state's air 

resources, consistent with the protection of public health, general welfare, and physical 

property; THSC, §382.011, General Powers and Duties, which authorizes the 

commission to control the quality of the state's air; THSC, §382.012, State Air Control 

Plan, which authorizes the commission to prepare and develop a general, 

1 
comprehensive plan for the control of the state's air; THSC, §382.019, Methods Used to 

Control and Reduce Emissions From Land Vehicles, which provides the commission the 

authority to adopt rules to control and reduce emissions from engines used to propel 

land vehicles; and THSC, §382.208, Attainment Program, which authorizes the 

commission to develop and implement transportation programs and other measures 

necessary to demonstrate attainment and protect the public from exposure to hazardous 

air contaminants from motor vehicles. 

The adopted amendments implement THSC, §§382.011, 382.012, 382.019, and 

382.208. 

§114.512. Control Requirements for Motor Vehicle Idling. 

No person shall cause, suffer, allow, or permit the primacy propulsion engine of a 

motor vehicle to idle for more than five consecutive minutes when the motor vehicle, as 

defined in §114.510 of this title (relating to Definitions), is not in motion. 

§114.517. Exemptions. 

The provisions of §114.512 of this title (relating to Control Requirements for 

Motor Vehicle Idling) do not apply to: 

2 
(1) a motor vehicle that has a gross vehicle weight rating of 14,000 pounds 

or less; 

(2) the primary propulsion engine of a motor vehicle being used to provide 

air conditioning or heating necessary for employee health or safety in an armored 

vehicle while the employee remains inside the vehicle to guard the contents or while the 

vehicle is being loaded or unloaded; 

(3) a motor vehicle forced to remain motionless because of traffic 

conditions over which the operator has no control; 

(4) a motor vehicle being used by the United States military, national 

guard, or reserve forces, or as an emergency or law enforcement motor vehicle; 

(5) the primary propulsion engine of a motor vehicle providing a power 

source necessary for mechanical operation, other than propulsion, and/or passenger 

compartment heating, or air conditioning; 

( 6) the primary propulsion engine of a motor vehicle being operated for 

maintenance or diagnostic purposes; 

3 
(7) the primary propulsion engine of a motor vehicle being operated solely 

to defrost a windshield; 

(8) the primary propulsion engine of a motor vehicle that is being used to 

supply heat or air conditioning necessary for passenger comfort and safety in vehicles 

intended for commercial or public passenger transportation, or passenger transit 

operations, in which case idling up to a maximum of 30 minutes is allowed; 

(9) the primary propulsion engine of a motor vehicle being used to provide 

air conditioning or heating necessary for employee health or safety while the employee 

is using the vehicle to perform an essential job function related to roadway construction 

or maintenance; 

(10) the primary propulsion engine of a motor vehicle being used as 

airport ground support equipment; 

(n) the owner of a motor vehicle rented or leased to a person that operates 

the vehicle and is not employed by the owner; or 

(12) a motor vehicle when idling is necessary to power a heater or air 

conditioner while a driver is using the vehicle's sleeper berth for a government4 
mandated rest period and is not within two miles of a facility offering external heating 

and air conditioning connections at a time when those connections are available. 

5 
TExAs CoMMISSION oN ENVIRON~~~W'Y I hereby certify that this is a true and correct copy of a 

Texas Commission on Environmental Quality document, 

which is filed in the permanent records of the Commission. 

Given unrl(>r my hand and the seal of office on 

~~:uL 2 5 zo11 

Texas Commission on Environmental Quality 

ORDER ADOPTING AMENDED RULES AND 

REVISIONS TO THE STATE IMPLEMENTATION PLAN 

Docket No. 2010-0878-RUL 

On July 20, 2011, the Texas Commission on Environmental Quality (Commission) 

adopted amended rules in 30 Texas Administrative Code (TAC) Chapter 114, concerning Control of Air 

Pollution from Motor Vehicles. The adoption allows enforcement of heavy-duty vehicle idling yearround; removes the expired prohibition for drivers using sleeper berths to idle in residential areas, 

school zones, and near hospitals; and removes expiration dates that are no longer applicable. 

Additionally, the adopted rulemaking removes the duplicative exemption for a motor vehicle that has 

a gross vehicle weight rating of 14,000 pounds or less and replaces it with a new exemption for 

armored vehicles; and retains the exemption for a motor vehicle when idling for heating or air 

conditioning while a driver is using the vehicle's sleeper berth for a government-mandated rest period 

and not within two miles of a facility offering external heating or air conditioning, which expired on 

September 1, 2009. The proposed rules were published for comment in the February 11, 2011, issue of 

the Texas Register (36 TexReg 707). 

Pursuant to 40 Code of Federal Regulations § 51.102 and after proper notice, the Commission 

conducted public hearings to consider the proposed amendments to 30 TAC, Chapter 114. Proper 

notice included prominent advertisement in the areas affected at least 30 days prior to the dates ofthe 

hearings. Public hearings were held in Austin on March 1, 2011, and in Fort Worth on Marcl! 3, 2011. 

The Commission circulated hearing notices of its intended action to the public, including 

interested persons, the Regional Administrator of the EPA, and all applicable local air pollution 

control agencies. The public was invited to submit data, ;iews, and recommendations on the 

proposed amendments to 30 TAC, Chapter 114, either orally or in writing, at the hearings or during 

the comment period. Prior to the scheduled hearings, copies of the proposed amendments to 30 TAC, 

Chapter 114 were available for public inspection at the Commission's central office and on the 

Commission's Web site. 

Data, ;iews, and recommendations of interested persons regarding the proposed amendments 

to 30 TAC, Chapter 114 were submitted to the Commission during the comment period, and were 

considered by the Commission as reflected in the analysis of testimony incorporated by reference to 

this Order. The Commission finds that the analysis of testimony includes the narries of all interested 

groups or associations offering comment on the proposed amendments to 30 TAC, Chapter 114 and 

their position concerning the same. 

IT IS THEREFORE ORDERED BY THE COMMISSION that the amended rules are hereby 

adopted. The Commission further authorizes staff to make any non-substantive revisions to the rules 

necessary to comply with Texas Register requirements. The adopted rules and the preamble to the 

adopted rules are incorporated by reference in this Order as if set forth at length verbatim in this 

Order. 
- ' ,,- ' ~' ·' . ':• 

IT IS FURTHER ORDERED BY THE COMMISSION that on behalf of the Commission, the 

.Chairman should transmit a copy of this Order, together with the adopted rules, to the Regional 

Administra,tor.of.EPA as a proposed revision to the Texas SIP pursuant to the Federal Clean Air Act, 

codified at 42 U.S: .Code Ann. §§ 7401 - 7671q, as amended. 

' ,, h : ' 

This Order. c6nstitutes the Order of the Commission required by the Administrative Procedure 

Act, Gover11m~ofCode, Section 2001.033· "• .,. ".' 

If any portion of this Order is for any reason held to be invalid by a court of competent 

jurisdiction, the invalidity of any portion shall not affect the validity of the remaining portions. 

Date issued: 'JUL 2 2 2011 TEXAS COMMISSION ON 

ENVIRONMENTAL QUALITY 

Bryan W. haw, Ph.D., Chairman 
Figure: 30 TAC §101.27(1)(1) 

(2) The emissions ton age for the account for fee calculation purposes will be the sum f those allowable levels or actual 

emissions for individual emission oints or process units at the account 

rounded up to the nearest whole n ber, as follows. 

(A) Where there i an enforceable document such as 

a permit, certified registration of missions, or a Commission Order 

establishing allowable levels fori ividual emission points or process 

units, the actual emissions from II individual emission points and 

process units at the aecount may be used to calculate the fee basis 

only if a complete and verifiable e ·ssion inventory for the account is 

submitted as described in §101.1 of this title (relating to Emissions 

Inventocy Requirements). Where complete and verifiable emissions 

inventory is not submitted, the ex cutive director may direct that the 

fee be based on all of the allowabl levels for the account. 

(B) Where there is not an enforceable document such 

as a pennit, certified registration f emissions, or a Commission Order establishing allowable levels or individual emissions points or 

process units; actual emissions fro all individual emission points and 

process units must be used to cal late the fee basis. Actual production, throughput, or measurement cords must be submitted along with 

complete documentation of calcul tion methods. Thorough justification is required for all assumption made and emission factors used in 

such calculations. 

(3) For purposes of th s section, the term "regulated pollutant" includes any volatile orga c compound, any pollutant subject 

to Federal Clean Air Act (FCAA), § 111, any pollutant Listed as a hazardous air pollutant under FCAA, 112, each pollutant that a national 

primary ambient air quality stan d has been promulgated (including 

carbon monoxide), and any other · pollutant subject to requirements 

under commission rules, regulati s, permits, orders of the commission, or court orders. 

(g) Nonpayment of fees. Each emissions fee payment must 

be paid at the time and in the m er and amount provided by this 

subchapter. Failure to remit the ful emissions fee by the due date must 

result in enforcement action und Texas Water Code, §7 .178. The 

provisions of this section, as first opted and amended thereafter, are 

and must remain in effect for purp ses of any unpaid fee assessments, 

and the fees assessed in accordanc with such provisions as adopted or 

as amended remain a continuing o >ligation. 

(h) Late payments. The agency shal1 impose interest and 

penalties on owners or operators o accounts who fail to make payment 

of emissions fees when due in ace rdance with Chapter 12 of this title 

(relating to Payment of Fees). 

This agency hereby certifies tha the adoption has been reviewed 

by legal counsel and found to b a valid exercise of the agency's 

legal authority. 

Filed with the Office of the Sec tary of State on July 22, 2011. 

TRD-2011 02771 

Robert Martinez 

Director, Environmental Law Divisi n 

Texas Commission on Environmen I Quality 

Effective date: August 11, 2011 

Proposal publication date: March 1 , 2011 

For further information, please call: (512) 239-0779 

• • 

36 TexReg 4972 August 5, 2011 Texas Register 

CHAPTER 114. CONTROL OF AIR 

POLLUTION FROM MOTOR VEHICLES 

SUBCHAPTER J. OPERATIONAL CONTROLS 

FOR MOTOR VEHICLES 

DIVISION 2. LOCALLY ENFORCED MOTOR 

VEHICLE IDLING LIMITATIONS 

30 TAC §114.512, §114.517 

The Texas Commission on Environmental Quality (TCEQ or 

commission) adopts the amendments to § 114.512 and §114.517 

without change to the proposed text as published in the February 11, 2011, issue of lhe Texas Register (36 TexReg 707). The 

lext will not be republished. 

The amended sections will be submitted to the United States 

Environmental Protection Agency (EPA) as revisions to the state 

implementation plan (SIP). 

Background and Summary of the Factual Basis for the Adopted 

Rules 

Chapter 114, Subchapter J, Division 2, Locally Enforced Motor 

Vehicle Idling Limitalions, was adopted on November 17, 2004, 

at the request of the local air quality planning organization in 

the Austin Early Action Compact (EAC) area (Bastrop, Caldwell, Hays, Travis, and Williamson Counties) for use as a control strategy in its EAC agreement to maintain attainment with 

the 1997 eight-hour ozone National Ambient Air Quality Standard (NAAQS), as published in the December 3, 2004, issue 

of the Texas Register (29 TexReg 11347). The adopted idling 

limitations rules provided all local governments the option of applying the rules when additional control measures are needed 

to achieve or maintain attainment of the federal 1997 eight-hour 

ozone standards. 

The concept of an early, voluntary 1997 eight-hour air quality 

plan, also known as an EAC, was endorsed by the EPA Region 6 in June 2002. 1t was sligh~y modified and made available nationally in November 2002. A key point of an EAC was 

the flexibility afforded areas to select emission reduction measures, such as limiting vehicle idling. On August 1, 2005, members of the Austin EAC and the commission signed the locally 

enforced idling restrictions memorandum of agreement (MOA). 

This MOA allowed participating counties and cities to enforce the 

idling restriction rule in their jurisdictions. Members of the Austin 

EAC area signing the MOA included the counties of Bastrop, 

Caldwell, Hays, Travis, and Williamson, and the cities of Austin, 

Bastrop, Georgetown, Hutto, Lockhart, Luling, Round Rock, and 

San Marcos. Idling restrictions are also a commitment for the 

Austin-Round Rock 1997 Eight-Hour Ozone Flex Plan signed in 

September 200,tl. 

An additional three counties, twenty cities, and two towns in the 

Dallas-Fort Worth (DFW} area have also signed agreements to 

enforce the idling restriction rule in their jurisdictions including 

the counties of Collin, Kaufman, and Tarrant; the cities of Arlington, Benbrook, Cedar Hill, Celina, Colleyville, Dallas, Euless, Hurst, Keene, Lake Worth, Lancaster, Mabank, McKinney, 

Mesquite, North Richland Hills, Pecan Hill, Richardson, Rowlett, 

University Park, and Venus; and the towns of Little Elm and 

Westlake. Idling restrictions are a commitment for the DFW 

1997 Eight-Hour Ozone Attainment Demonstration SIP revision 

adopted May 23,2007, as a Voluntary Mobile Emissions Reductions Program (VMEP). 
This adopted rulemaking amends the rule on idling limits for 

gasoline and diesel-powered engines in motor vehicles within 

the jurisdiction of any local government in the state that has 

signed an MOA with the commission to delegate enforcement 

to that local government. Local enforcement is crucial to the 

effective implementation of rules to reduce the extended idling 

of gasoline and diesel-powered heavy-<Juty vehicles and will 

help to ensure the reduction of nitrogen oxides (NOJ and 

volatile organic compounds (VOC), which is needed by local 

governments to achieve or maintain attainment of the NAAQS 

for ozone. These adopted idling restrictions will continue to 

lower NO. emissions and other pollutants from fuel combustion. 

Because NOx is a precursor to ground-level ozone formation, 

reduced emissions of NOx will result in ground-level ozone 

reductions. 

The adopted rulemaking amends the current enforcement period of April1 through October 31 to allow local governments to 

enforce idling limits year-round. The enforcement dates were included when the rule was originally adopted at the request of the 

local air quality planning organization in the Austin EAC area for 

use as a control strategy in its EAC agreement to maintain attainment with the 1997 eight-hour ozone NAAQS. This rutemaking 

also provided local governments in other areas of the state the 

option of applying these rules in their areas when additional control measures are needed to achieve or maintain attainment of 

the NAAOS for ozone in the future. When the rule was adopted 

in 2004, there were no federal regulations governing idle time for 

heavy-duty motor vehicles. Therefore, the state had the authority to control motor vehicle idling. The requirements developed 

by the commission for this NOx emissions reduction strategy resulted in restrictions on the time allowed for heavy-duty motor 

vehicle idling. The 79th Legislature, 2005, enacted House Bill 

(HB) 1540, establishing Texas Health and Safety Code (THSC), 

§382.0191, Idling of Motor Vehicle While Using Sleeper Berth, 

which prohibited the commission from restricting the idling of a 

motor vehicle while a driver is using the vehicle's sleeper berth 

for a government-mandated rest period. HB 1540 also restricted 

drivers using the vehicle's sleeper berth tram idling in a school 

zone or within 1 ,000 feet of a public school during its hours of 

operation, and it defined the penalty for an offense as a fine not 

to exceed $500. HB 1540 did not specify an enforcement period, 

but it set a September 1, 2007, expiration date on the section. 

The commission adopted the revision on April 26, 2006, to the 

locally enforced motor vehicle idling rule as published in the May 

12,2006, issue of the Texas Register(31 TexReg 3900). 

In the same rulemaking, the commission adopted revisions to 

the idling rule to conform to legislation pass~d in 2005. To be 

consistent with HB 1540, §114.512 and §114.517 were amended 

to include §114.512(b) and §114.517(12) with a September 1, 

2007, expiration date. In May 2007, the 80th Legislature, 2007, 

enacted Senate Bill (SB) 12, which in part amended THSC, 

§382.0191 to extend the prohibition on the commission from 

adopting rules restricting certain idling activities from September 

1, 2007, to September 1, 2009, as published in the February 

15, 2008, issue of the Texas Register (33 TexReg 1345). Local 

governments can enforce idling restrictions on drivers who were 

previously exempt under §114.517(12), because the exemption 

expired on September 1, 2009. This adopted rutemaking removes the September 1, 2009, expiration date from the relevant 

portions of §114.517 to continue the exemption. As of September 1, 2009, the prohibition in §114.512(b) of certain vehicles 

from idling within 1,000 feet of a school or hospital expired. 

Therefore, this subsection is deleted in the adopted rulemaking. 

During the rulemaking in 2007, to implement the requirements of 

SB 12, the commission adopted §114.517(2), the intent of which 

was to provide an exemption for all vehicles with gross vehicle 

weight rating of 14,000 pounds or tess until September 1, 2009, 

and thereafter only to such vehicles that do not have a sleeper 

berth. This adopted rulemaking amends §114.517(2) to remove 

the duplicative exemption for a motor vehicle that has a gross 

vehicle weight rating of 14,000 pounds or less, after September 

1, 2009. 

The National Armored Car Association submitted a petition for 

rulemaking on May 22, 2008, requesting that armored vehicles 

be added to the current list of idling restriction exemptions under 

§114.517. Staff received approval from the commission on July 

9, 2008, to move forward with initiating rulemaking regarding the 

armored vehicle petition; however, following a stakeholder meeting held on October 6, 2008, action on a rulemaking proposal 

to implement the petition was deferred in anticipation of potential legislative changes from the S1st Legislature, 2009. This 

adopted rulemaking addresses the armored vehicle petition by 

adding armored vehicles to the current list of idling restriction exemptions under §114.517 to be consistent with the EPA's Model 

State Idling Law guidance. According to the EPA's guidance, 

armored vehicles are exempt when a person remains inside the 

vehicle to guard the contents or while the vehicle is being loaded 

or unloaded. 

On April9, 2010, the EPA published its approval of revisions to 

the SIP regarding the idling rule that the TCEQ submitted on February 28, 2008 (75 FR 18061). In that approval, the EPA did not 

address the previous revisions to §114.512(b) prohibiting idling 

of a vehicle within a school zone or within 1 ,000 feet of a public 

school during operating hours and §114.517(12) exempting the 

idling of the primary propulsion engine of a vehicle to provide 

air conditioning and heating for the vehicle's sleeper berth for a 

government-mandated rest period, because these provisions of 

the rule had already expired. 

Federal Clean Air Act, §110(1) Demonstration 

Some increases in emissions may be expected due to the addition of an idling exemption for armored vehicles. However, the 

exemption will not interfere with attainment or reasonable further 

progress in the SIP, because the adopted year-round enforcement will offset these relatively small increases. Extending the 

enforcement period to year-round enforcement should provide 

more emissions reductions in the months that are currently not 

subject to enforcement. Thus, any potential increases resulting tram an exemption for armored vehicles should be offset by 

these reductions. Additionally, by authorizing the enforcement to 

year-round, the state hopes to increase enforcement in the current ozone period by eliminating any drop off in enforcement that 

may occur due to the seasonal nature of the ozone enforcement 

period. An exemption for armored vehicles is necessary for the 

health and safety of the employees and the public. 

Adding the armored car exemption and retaining the sleeper 

berth exemption will not interfere with attainment or reasonable 

further progress in the SIP, because the DFW area achieved an 

excess of NOx and VOC emission reductions through the VMEP 

commitments. The excess emissions reductions achieved was 

greater than the 0.12 tons per day (tpd) NO, and 0.004 tpd VOC 

emission reduction shortfall estimated in the North Central Texas 

Council of Governments (NCTCOG) VMEP accounting for the 

Locally Enforced Idling Restrictions. Furthermore, the 0.86 tpd 

NO. and 3.66 tpd VOC excess emission reductions achieved 

for the overall VMEP, as estimated in the NCTCOG's VMEP 

ADOPTED RULES August 5, 2011 36 TexReg 4973 
accounting, were greater than the emission reduction commitments for the Locally Enforced Idling Restrictions component of 

the VMEP. 

Likewise, the amendments removing the expired prohibitions 

against drivers using sleeper berths idling near residential areas, 

school zones, and near hospitals will not result in backsliding. 

The prohibitions that have expired were never adopted into the 

SIP. Therefore, removal of these expired provisions cannot result in backsliding. Additionally, as mentioned previously, even if 

the provisions were part of the SIP, there are excess emissions 

achieved under the VMEP program that have exceeded the 

emission reduction commitments. 

Section by Section Discussion 

§114.512, Control Requirements for Motor Vehicle Idling 

The adoption amends §114.512 to remove the enforcement period of April! through October 31 of each calendar year in subsection (a) to allow enforcement year-round. The adoption will 

also remove the prohibition for drivers using sleeper berths to 

idle in residential areas, school zones, and near hospitals and 

the expiration date in subsection (b) because it has expired. Additionally, the revisions remove the designation (a} for subsection 

(a} to conform to the Texas Register formatting requirements. 

§114.517, Exemptions 

The adoption amends §114.517 to remove the exemption in 

paragraph (2) for a motor vehicle that has a gross vehicle 

weight rating of 14,000 pounds or less, for consistency with 

other revisions in the section and to add a new exemption in 

paragraph (2) for armored vehicles to implement the petition 

approved by the commission on July 9, 2008. The adoption 

will also retain the exemption in paragraph (12), which expired 

on September 1, 2009, regarding idling for heating or air conditioning while a driver is using the vehicle's sleeper berth for a 

government-mandated rest period and not within two miles of a 

facility offering external heating or air conditioning. 

Final Regulatory Impact Analysis Determination 

The commission reviewed the adopted rulemaking in light of the 

regulatory analysis requirements of Texas Government Code, 

§2001.0225 and determined that the adopted rulemaking does 

not meet the definition of a "major environmental rule." Texas 

Government Code, §2001.0225 states that a "major environmental rule" is, "a rule the specific intent of which is to protect 

the environment or reduce risks to human health from environmental exposure and that may adversely affect in a material way 

the economy, a sector of the economy, productivity, competition, 

jobs, the environment, or the public health and safety of the state 

or a sector of the state." Furthermore, while the adopted rulemaking does not constitute a major environmental rule, even if 

it did, a regulatory impact analysis is not required, because the 

adopted rulemaking does not meet any of the four applicability 

criteria for requiring a regulatory Impact analysis for a major environmental rule. Texas Government Code, §2001.0225 applies 

only to a major environmental rule which, "(1) exceeds a standard set by federal law, unless the rule is specifically required by 

state law; (2} exceeds an express requirement of state law, unless the rule is specifically required by federal law; (3) exceeds a 

requirement of a delegation agreement Or contract between the 

state and an agency or representative of the federal government 

to implement a state and federal program; or (4) adopts a rule 

solely under the general powers of the agency instead of under 

a specific state law." 

36 TexReg 4974 August 5, 2011 Texas Register 

The adopted rulemaking implements requirements of the Federal Clean Air Act (FCAA). Under 42 United States Code (USC), 

§741 0, each state is required to adopt and implement a SIP containing adequate provisions to implement, attain, maintain, and 

enforce the NAAQS within the state. While 42 USC, §7410 generally does not require specific programs, methods, or reductions in order to meet the standard, SIPs must include "enforceable emission limitations and other control measures, means or 

techniques (including economic incentives such as fees, marketable pennits, and auctions of emissions rights}, as well as 

schedules and timetables for compliance as may be necessary 

or appropriate to meet the applicable requirements of this chapter," (meaning 42 USC, Chapter 85, Air Pollution Prevention and 

Control, otherwise known as the FCM}. The provisions of the 

FCM recognize that states are in the best position to determine 

what programs and controls are necessary or appropriate in order to meet the NAAQS. This flexibility allows states, affected 

industry, and the public to collaborate on the best methods for 

attaining the NAAQS for the specific regions in the state. Even 

though the FCAA allows states to develop their own programs, 

this flexibility does not relieve a state from developing a program 

that meets the requirements of 42 USC, §7410. States are not 

free to ignore the requirements of 42 USC, § 7410, and must develop programs and control measures to assure that their SIPs 

provide for implementation, attainment, maintenance, and enforcement of the NAAQS within the state. Participation in the 

idling program is voluntary, and currently only the local governments in the Central Texas Area and the North Central Texas 

Area have signed agreements to implement vehicle idling rules. 

The affected idling limitations rules provide all local governments 

the option of applying the rules when additional control measures are needed to achieve or maintain attainment of the federal 

ozone standards. 

The specific intent of the adopted rulemaking is to make the idling 

enforcement period year-round; to remove the existing duplicative exemption for a motor vehicle that has a gross vehicle weight 

rating of 14,000 pounds or less; to exempt armored vehicles from 

motor vehicle idling requirements; and to retain the exemption 

of idling for heating or air conditioning while a driver is using the 

vehicle's sleeper berth for a government-mandated rest period 

and not within two miles of a facility offering external heating or 

air conditioning, which expired on September 1, 2009. 

The adopted rulemaking does not constitute a major environmental rule under Texas Government Code, §2001.0225(g)(3) 

because the specific intent of the adopted rule making is to protect the environment or reduce risks to human health from environmental exposure, as discussed previously in the FISCAL 

NOTE, PUBLIC BENEFITS AND COSTS, SMALL BUSINESS 

REGULATORY FLEXIBILITY ANALYSIS, and the LOCAL EMPLOYMENT IMPACT STATEMENT sections of the proposal preamble as published in the February 11,2011, issue of the Texas 

Register (36 TexReg 707). The adopted rule making will not adversely affect in a material way the economy, a sector of the 

economy, productivity, competition, or jobs; nor will the adopted 

rulemaking adversely affect in a material way the environment 

or the public health and safety of the state or a sector of the 

state. The idling restrictions are applicable throughout the state, 

but are effective only in certain areas of the state where an MOA 

between the TCEQ and a local government is in effect and only 

in certain defined areas within those limited areas. The adopted 

rulemaking is not subject to a regulatory impact analysis under 

Texas Government Code, §2001.0225, because it is not a major 

environmental rule. 
While the adopted rulemaking does not constitute a major environmental law, even if it did, it would not be subject to a regulatory 

impact analysis under Texas Government Code, §2001.0225. 

The requirement to provide a fiscal analysis of regulations in 

the Texas Government Code was amended by SB 633 during 

the 75th Legislature, 1997. The intent of SB 633 was to require 

agencies to conduct a regulatory impact analysis of extraordinary rules. These are identified in the statutory language as major environmental rules that will have a material adverse impact 

and will exceed a requirement of state law, federal law, or a delegated federal program; or are adopted solely under the general 

powers of the TCEQ. With the understanding that this requirement would seldom apply, the commission provided a cost estimate for SB 633 that concluded: "based on an assessment of 

rules adopted by the agency in the past, it is not anticipated that 

the bill will have significant fiscal implications for the agency due 

to its limited application." The commission also noted that the 

number of rules that would require assessment under the provisions of the bill was not large. This conclusion was based, in 

part, on the criteria set forth in the bill that exempted rules from 

the full analysis unless the rule was a major environmental rule 

that exceeds a federal law. 

The FCAA does not always require specific programs, methods, 

or reductions in order to meet the NAAOS; thus, states must 

develop programs for each nonattainment area to help ensure 

that those areas will meet the attainment deadlines. Because of 

the ongoing need to address nonattainment issues and to meet 

the requirements of 42 USC, §7410, the commission routinely 

proposes and adopts revisions to the SIP and rules. The legislature is presumed to understand this federal scheme. If each rule 

adopted for inclusion in the SIP was considered to be a major environmental rule that exceeds federal law, then every revision to 

the SIP would require the full regulatory impact analysis contemplated by SB 633. This conclusion is inconsistent with the conclusions reached by the commission in its cost estimate and by 

the Legislative Budget Board (LBB) in its fiscal notes. Since the 

legislature is presumed to understand the fiscal impacts of the 

bills it passes and that presumption is based on information provided by state agencies and the LBB, the commission believes 

that the intent of SB 633 was only to require the full regulatory 

impact analysis for rules that are extraordinary in nature. While 

the rules have a broad impact, that impact is no greater than is 

necessary or appropriate to meet the requirements of the FCAA. 

For these reasons, rules adopted for inclusion in the SIP fall under the exception in Texas Government Code, §2001.0225(a), 

because they are required by federal law. 

The commission has consistently applied this construction to 

its rules since this statute was enacted in 1997. Since that 

time, the legislature has revised the Texas Government Code 

but left this provision substantially unamended. It is presumed 

that, "when an agency interpretation is in effect at the time the 

legislature amends the laws without making substantial change 

in the statute, the legislature is deemed to have accepted the 

agency's interpretation." Central Power & Light Co. v. Sharp, 

919 S.W.2d 485, 489 (Tex. App. Austin 1995), writ denied with 

per curiam opinion respecting another issue, 960 S. W.2d 617 

(Tex. 1997); Bullock v. Marathon Oil Co., 798 S.W.2d 353, 357 

(Tex. App. Austin 1990, no writ); Cf. Humble Oil & Refining 

Co. v. Calvert, 414 S.W.2d 172 (Tex. 1967); Dudney v. State 

Farm Mut. Auto Ins. Co., 9 S.W.3d 884, 893 (Tex. App. Austin 

2000); Southwestern Life Ins. Co. v. Montemayor, 24 S.W.3d 

581 (Tex. App. Austin 2000, pet. denied); and Coastallndust. 

Water Auth. v. Trinity Portland Cement Div., 563 S.W.2d 916 

(Tex. 1978). 

The commission's interpretation of the regulatory impact analysis requirements is also supported by a change made to the 

Texas Administrative Procedure Act (APA) by the legislature in 

1999. In an attempt to limit the number of rule challenges based 

upon APA requirements, the legislature clarified that state agencies are required to meet these sections of the APA against the 

standard of "substantial compliance" as required in Texas Government Code, §2001.035. The legislature specifically identified 

Texas Government Code, §2001.0225 as falling under this standard. The commission has substantially complied with the requirements of Texas Government Code, §2001.0225. 

Even if the adopted rulemaking constitutes a major environmental rule under Texas Government Code, §2001.0225(g)(3), a 

regulatory impact analysis is not required because this exemption is part of the commission's SIP for making progress toward 

the attainment and maintenance of the NAAQS. Therefore, the 

adopted rulemaking does not exceed a standard set by federal 

law or exceed an express requirement of state law, since they 

are part of an overall regulatory scheme designed to meet, not 

exceed the relevant standard set by federal law - the NAAQS. 

The commission is charged with protecting air quality within the 

state and to design and submit a plan to achieve attainment 

and maintenance of the fedenally mandated NAAQS. The Third 

District Court of Appeals upheld this interpretation in Brazon·a 

County v. Texas Comm'n on Envtl. Quality, 128 S.W. 3d 728 

(Tex. App. ·Austin 2004, no writ). The specific intent of the 

adopted rulemaking is to make the current idling enforcement 

period year-round; to remove the existing duplicative exemption 

for a motor vehicle that has a gross vehicle weight rating of 

14,000 pounds or less and does not have a sleeper berth; to 

exempt armored vehicles from motor vehicle idling requirements; and to retain the exemption of idling for heating or air 

conditioning while a driver is using the vehicle's sleeper berth 

for a government-mandated rest period and not within two miles 

of a facility offering external heating or air conditioning, which 

expired on September 1, 2009. This adoption, therefore, does 

not exceed an express requirement of federal law. The amendments are needed to implement state law but do not exceed 

those new requirements. The adopted rulemaking does involve 

a compact (in particular, the Austin EAC), which is an agreement 

between the state and federal government to implement a state 

and federal program; however, the adopted amendments do not 

exceed the requirements of that compact. Finally, this adopted 

rulemaking was not developed solely under the general powers 

of the agency, but is authorized by specific sections of THSC, 

Chapter 382, which are cited in the STATUTORY AUTHORITY section of this preamble, including THSC, §382.012 and 

§382.019. Because this adopted rulemaking does not meet any 

of the four applicability requirements, Texas Government Code, 

§2001.0225(b) does not apply, and a regulatory impact analysis 

is not required. 

This adopted rulemaking is not subject to the regulatory analysis provisions of Texas Government Code, §2001.0225(b), for 

the following reasons. The adopted rulemaking is not a major environmental law, because while the specific intent of the 

adopted rules are to protect the environment or reduce risks to 

human health from environmental exposure, the adopted rulemaking would not adversely affect in a material way the economy, a sector of the economy, productivity, competition, or jobs, 

nor would it adversely affect in a material way the environment 

or the public health and safety of the state or a sector of the 

ADOPTED RULES August 5, 2011 36 TexReg 4975 
state. Furthermore, even if the adopted rulemaking was a major environmental rule, it does not meet any of the four applicability criteria listed in Texas Government Code, §2001.0225, 

because: 1) the adopted rulemaking is part of the SIP, and as 

such is designed to meet, not exceed the relevant standard set 

by federal law; 2) parts of the adopted rulemaking are directly 

required by state law; 3) no contract or delegation agreement 

covers the topic that is the subject of this adopted rulemaking; 

or 4) the adopted rulemaking is authorized by specific sections 

of THSC, Chapter 382 (also known as the Texas Clean Air Act), 

and the Texas Water Code, which are cited in the STATUTORY 

AUTHORITY section of this preamble. 

The commission invited public comment regarding the draft regulatory impact analysis determination during the public comment 

period, and no comments were received. 

Takings Impact Assessment 

The commission evaluated the adopted rulemaking and 

performed an analysis of whether the adopted rulemaking 

constitutes a taking under Texas Government Code, Chapter 

2007. The commission's assessment shows Texas Government 

Code, Chapter 2007 does not apply. 

Under Texas Government Code, §2007.002(5), taking means: 

"(A) a governmental action that affects private real property, in 

whole or in part or temporarily or permanently, in a manner that 

requires the governmental entity to compensate the private real 

property owner as provided by the Fifth and Fourteenth Amendments to the United States Constitution or Section 17 or 19, Article I, Texas Constitution; or (B) a governmental action that: (i) 

affects an owner's private real property that is the subject of the 

governmental action. in whole or in part or temporarily or permanently, in a manner that restricts or limits the owner's right to the 

property that would otherwise exist in the absence of the governmental action; and (ii) is the producing cause of a reduction of at 

least 25% in the market value of the affected private real property, determined by comparing the market value of the property 

as if the governmental action is not in effect and the market value 

of the property determined as if the governmental action is in effect." 

Promulgation and enforcement of the adopted rulemaking is neither a statutory nor a constitutional taking of private real property. 

These adopted rules are not burdensome, restrictive, or limiting 

of rights to private real property, because the adopted rulemaking 

regulates vehicle idling in certain limited areas. Furthermore, the 

adopted rulemaking benefits the public by providing all local governments the option of applying the idling rules when additional 

control measures are needed to achieve or maintain attainment 

of the federal ozone standards. The adopted rulemaking does 

not affect a landowner's rights in private real property, because 

this rulemaking does not burden, restrict, or limit the owner's 

right to property, nor does it reduce the value of any private real 

property by 25% or more beyond that which would otherwise exist in the absence of the regulations. Therefore, these adopted 

rules do not constitute a taking under Texas Government Code, 

Chapter 2007. 

Consistency with the Coastal Management Program 

The commission reviewed the adopted rulemaking and found 

that the adoption is subject to the Texas Coastal Management 

Program (CMP) in accordance with the Coastal Coordination 

Act, Texas Natural Resources Code §§33.201 et seq., and therefore, must be consistent with all applicable CMP goals and policies. The commission reviewed this adopted rulemaking for con36 TexReg 4976 August 5, 2011 Texas Register 

sistency with the CMP goals and policies in accordance with the 

regulations of the Coastal Coordination Council and determined 

that the adopted rulemaking does not affect any coastal natural 

resource areas. The CMP goals applicable to the adopted rulemaking is the goal to protect, preserve, restore, and enhance the 

diversity, quality, quantity, functions, and values of coastal natural resource areas. No new sources of air contaminants are authorized in those affected counties. The CMP policy applicable 

to this adopted rulemaking action is the policy that commission 

rules comply with regulations in the Code of Federal Regulations 

(CFR) to protect and enhance air quality in the coastal area (40 

CFR §501.32). This rulemaking adoption does not have a detrimental effect on SIP emissions reduction obligations relating to 

maintenance of the ozone NAAQS. This adopted rulemaking action complies with the CFR. Therefore, in compliance with 40 

CFR §505.22(e), this adopted rulemaking action is consistent 

with CMP goals and policies. Promulgation and enforcement of 

these adopted rules does not violate or exceed any standards 

identified in the applicable CMP goals and policies, because the 

adopted rulemaking is consistent with these CMP goals and policies, and because these adopted rules do not create or have 

a direct or significant adverse effect on any coastal natural resource areas. 

The commission invited public comment regarding the consistency with the CMP during the public comment period and no 

comments were received. 

Public Comment 

Public hearings on the proposal were held in Austin on March 

1, 2011 and in Fort Worth on March 3, 2011. Oral comments regarding Chapter 114 were presented by the Capital Area Council 

of Governments (CAPCOG), FFE Transportation, the NCTCOG, 

and the Texas Motor Transportation Association (TMTA). The 

CAPCOG's oral comments were a summary of a written comments submitted by the Central Texas Clean Air Coalition (CAC); 

therefore, any reference to CAC in the comments and responses 

below also includes CAPCOG. The public comment period was 

from February 11,2011, to March 11,2011. 

Written comments regarding Chapter 114 were provided by A 

Better Tripp Moving and Storage Co., Inc.; Acme Truck Line; 

Ahrens Bros. Trucking (HPI); Alamo Relocation & Storage, 

Inc.; All Ways Trucking; AIITrans Medical Solutions; ARB 

Transport; Averitt Express; B&D Owens Co.; B.I.B. Trucking; 

Baldwin Distribution Services, Ltd; Bamm Express Transport, 

LLC; BigFoots Hotshot Transport; Bobby Lehmann, Inc.; BPI; 

Brookshire's Food & Phanmacy; C. Lawless Trucking, LLC; 

Canal Cartage Company; CAC; Cargil Meat Logistics Solutions: Celanon; Charlie Slusser's Hauling Service; Creekside 

Nursery; Crete Carrier; CRST International; C-T Trucking; 

Cullen Trucking; City of Dallas; Dart Transit; Dis!-Tech; Dorsey 

Trans; E.L. Fanmer & Company; EPA; Excargo Services; Fikes 

Truck Line; Fremont Contract Carriers; Gandy & Son's, Inc.: 

Glenn Broussard Trucking; Guy M. Turner; H & H Logistical 

Services, Inc.; Hirschfield Transportation; Hot Shot Express; 

Housley Communication, Inc.; Hyden Highway Hauling L.L.C.; 

Johnsrud Transport, Inc.; Klaus Leinenbach Trucking; Ladybug 

Freight LLC; Landstar; Lanstar; Mayberry Express; McClatchy 

Bros., Inc.; MLC, LLC; Morse Trucking; Nabors Well Services 

Co.; NCTCOG; Oklahoma Tank Lines; OOIDA; Panel Truss; 

Pappas Restaurants; Parkway Transport, Inc.; Payan Express 

Transportation Services. Inc.; Phagan Express of Texas LLC; 

Phil Brewer Trucking: Plunkett Trucking; Pressinon, Inc.; Queen 

Moving & Storage Co.; Randy Bundy Trucking; RCL Trucking; 
Reed's Sand & Gravel, LLC; Refrigerated Transport, Inc.; Rex 

Long Transport Company; Skinner Transportation, Inc.; Specialized Transport Service, Inc., aka STS Heavy Hauling; Star Fleet 

Trucking; Ster1ing's Vacuum Service; Stevens Worldwide Van 

Lines, Inc.; Swift Transportation; Texas Hot Oilers, Inc.; TMTA; 

Texas Moving Co., Inc.; Tom Taylor Trucking; Transwood, Inc.; 

Tri Oat, Ltd.; Turner Bros., LLC; Two Ts Trucking; USA Truck, 

Inc.; USFW; W. M. Dewey & Son, Inc.; Werner Enterprises, Inc.; 

and 31 individuals. 

Response to Comments 

General Comments 

Comment 

The following entities and 24 individuals supported the proposed 

motor vehicle idling rule revision: A Better Tripp Moving and 

Storage Co., Inc.; Acme Truck Line; HPI; Alamo Relocation & 

Storage, Inc.; AIITrans Medical Solutions; ARB Transport; B&D 

Owens Co.; B.I.B. Trucking; Baldwin Distribution Services, Ltd; 

Bamm Express Transport, LLC; BigFoots Hotshot Transport; 

Bobby Lehmann, Inc.; BPI; Brookshire's Food & Pharmacy; C. 

Lawless Trucking, LLC; Canal Cartage Company; Cargil Meat 

Logistics Solutions; Charlie Slusser's Hauling Service; Creekside Nursery; Crete Carrier; C-T Trucking; Cullen Trucking; City 

of Dallas; Dart Transit; Dis!-Tech; Dorsey Trans; E.L. Farmer 

& Company; FFE Transportation Services; EPA; Excargo Services; Fremont Contract Carriers; Gandy & Son's Inc.; Glenn 

Broussard Trucking; Guy M. Turner; H & H Logistical Services, 

Inc.; Hirschfield Transportation; Hot Shot Express; Housley 

Communication, Inc.; Hyden Highway Hauling L.L.C.; Johnsrud 

Transport, Inc.; Klaus Leinenbach Trucking; Ladybug Freight 

LLC; Landstar; Lanstar; Mayberry Express; McClatchy Bros., 

Inc.; MLC, LLC; Morse Trucking; Nabors Well Services Co.; Oklahoma Tank Lines; OOIDA; Panel Truss; Pappas Restaurants; 

Parkway Transport, Inc.; Payan Express Transportation Services, Inc.; Phil Brewer Trucking; Plunkett Trucking; Pressinon, 

Inc.; Queen Moving & Storage Co.; Randy Bundy Trucking; 

RCL Trucking; Refrigerated Transport, Inc.; Skinner Transportation, Inc.; Specialized Transport Service, Inc., aka STS 

Heavy Hauling; Star Fleet Trucking; Sterling's Vacuum Service; 

Stevens Worldwide Van Lines, Inc.; Swift Transportation; Texas 

Hot Oilers, Inc.; TMTA; Texas Moving Co., Inc.; Tom Taylor 

Trucking; Transwood, Inc.; Tri Dal, Ltd.; Turner Bros., LLC; Two 

Ts Trucking; USFW; W. M. Dewey & Son, Inc.; and Werner 

Enterprises, Inc. 

Response 

The commission appreciates the support for the proposed revisions to the rules. No changes were made to the rules based on 

these comments. 

Comment 

All Ways Trucking, Averitt Express, Plunkett Trucking, and three 

individuals commented generally regarding idling regulation's 

effects on the health and safety of drivers and economic effects 

on drivers. All Ways Trucking commented that the argument 

against idling large trucks is understood, but the commission 

should consider how well someone could sleep with no electricity. Averitt Express commented against idling restrictions 

and that prohibiting idling will not accomplish anything. Plunkett 

Trucking commented that drivers must sleep in their vehicle 

when they reach their federally mandated rest period. CRST 

International commented generally against idling restrictions. 

An individual commented that drivers generally should not 

idle if not necessary; however, driver safety and economic 

hardships should be considered as well. Another individual 

commented that American truck drivers already have numerous 

rules and regulations placed on them. Another individual asked 

the commission to please consider the cause and effect of the 

commission's decision and long-term consequences. 

Response 

The commission acknowledges the comments and the concerns 

associated with health and safety of drivers. This rulemaking 

adds only a year-round idling enforcement period while eliminating certain idling prohibitions, retaining several exemptions, and 

adding a new exemption for armored cars. The commission has 

made no changes in response to these comments. 

Comment 

Celanon commented that the commission has removed safe 

parking but enforces the 14-hour rule. 

Response 

The commission acknowledges this comment. However, the 

commission does not enforce the hours-of-service regulations 

that put limits in place for when and how long commercial motor vehicle drivers may drive. The commission has made no 

changes in response to this comment. 

Comment 

Fikes Truck Line commented that most trucks and equipment 

have been updated, along with auxiliary power units for hotel 

loads, and the updated equipment is self-contained. This independence does not exist for 'other industries. 

Response 

The commission appreciates the comment. The commission has 

made no changes in response to the comment. 

Comment 

The CAC and the NCTCOG suggested that the commission take 

action to permit Texas Emissions Reduction Plan funding for idle 

reduction technology independent to whether idling occurs within 

a local jurisdiction that has adopted idling rules. 

Response 

The commission appreciates the comment. The suggested 

change is beyond the scope of this rulemaking. The commission 

has made no changes in response to these comments. 

Comment 

The CAC suggested the commission make the effective date 

of any rule change at the end of the current ozone season to 

avoid any disruption to implementation of the existing rules in 

this ozone season. 

Response 

The commission appreciates the comment. In order to ensure 

the health and safety of drivers, the implementation of the rules 

will need to occur immediately. The commission has made no 

changes ·in response to this comment. 

§114.512, Control Requirements for Motor Vehicle Idling 

Comment 

The CAC, the EPA, and the NCTCOG supported extending the 

enforcement period to year-round to make enforcement consistent and provide additional protection from ozone pollutants. The 

ADOPTED RULES August 5, 2011 36 TexReg 4977 
NCTCOG supported allowing an exemption for armored vehicles 

due to idling when necessary to provide comfort and safety to 

employees. 

Response 

The commission appreciates the support. The commission has 

made no changes in response to these comments. 

Comment 

The CAC, the EPA, and the NCTCOG suggested the commission should retain the prohibition for drivers using sleeper berths 

to idle in a school zone, within 1,000 feet of a hospital, or within 

1 ,000 feet of a public school during its hours of operation to help 

reduce the amount of emissions from idling in these sensitive ar~ 

eas. If the sleeper berth exemption is reinstated, the heanh of 

persons in these areas must continue to be protected. 

Response 

While the commission acknowledges the potential health bene~ 

fits of the prohibition of idling within 1 ,000 feet of a public school 

or hospital and appreciates the commenters' concerns, at th1s 

time the commission does not have sufficient technical analy· 

sis specific to idling near schools and hospitals to support such 

a regionally specific prohibition beyond the original legislative 

mandate. As discussed elsewhere in the RESPONSE TO COMMENTS section of this preamble, the commission is electing to 

retain the exemption in §114.517(12) regarding sleeper berths 

even though the statute has expired, because the commission 

considers this exemption to be appropriate and necessary for 

driver safety and considering federal requirements for m~nda~ 

tory rest periods. The commission has made no changes m re~ 

sponse to these comments. 

Comment 

The CAC and the NCTCOG suggested specifying that enforcement can occur as a class C misdemeanor, as opposed to a 

class 8 misdemeanor, which is currently stipulated for counties, 

because no fine is associated with violating the rule. 

Response 

Texas Water Code, §7.177 sets a fine for criminal violations of 

the rule. The commission does not have authority to set criminal 

fines that differ from a statute. The change requested by the 

counties would require a legislative change. The commission 

has made no changes in response to these comments. 

Comment 

The NCTCOG suggested extending the idling restriction to include additional vehicle classes of commercial medium--duty ve· 

hicles in the 6,000- to 14,000-pound gross vehicle weight rating. 

Response 

The commission appreciates the comment. The commission did 

not propose the suggested restriction or consider the re~triction 

in the initial rule proposal. Affected individuals, compames, and 

other interested parties would not be provided adequate oppor~ 

tunity to comment on the suggested idli_ng control requi~ement. 

The commission has made no changes 1n response to th1s com~ 

ment. 

Comment 

The NCTCOG commented that a local government in North Central Texas suggested that the commission consider prohibiting 

36 TexReg 4978 August 5, 2011 Texas Register 

idling at railroad crossings as part of the idling limitations rule as 

an additional way to curb idling emissions. 

Response 

The commission appreciates the comment. The suggested 

change is beyond the scope of this rulemaking. The commission 

cannot include the additional idling restriction as suggested 

because it was not included in the initial rule proposal. Affected 

individuals, companies, and other interested parties would not 

be provided adequate opportunity to comment on this suggested 

idling restriction. The commission has made no changes in 

response to this comment. 

§114.517, Exemptions 

Comment 

The EPA recommended that a technical analysis or model~ 

ing demonstration be provided to show that the proposed 

year·round enforcement of the idling rule would offset !he 

emissions increase resulting from the new proposed exempt1on 

for annored vehicles. 

Response 

Some increases in emissions may be expected due to the addi~ 

tion of an idling exemption for armored vehicles. However, the 

exemption will not interfere with attainment or reasonable further 

progress in the SIP, because the proposed year~round enforce--

ment will offset these relatively small increases. Extending the 

enforcement period to year~round enforcement should provide 

more emissions reductions in the months that are currently not 

subject to enforcement. Thus, any potential increases result~ 

ing from an exemption for armored vehicles should be offset by 

these reductions. Furthennore, the DFW area exceeded the NO .It 

and VOC emission reductions required through the VMEP com· 

mitrnents. The excess emissions reductions were greater than 

the o. 12 tpd NO, and 0.004 tpd VOC emission reduction shortfall estimated in the NCTCOG's VMEP accounting for the Locally 

Enforced Idling Restrictions. In addition, the 0.86 tpd NO, and 

3.66 tpd VOC excess emission reductions accomplished for the 

overall VMEP, as estimated in the NCTCOG's VMEP accounting, were greater than the emission reduction commitments for 

the Locally Enforced Idling Restrictions component of the VMEP. 

Finally, the exemption for annored vehicles is consistent with 

EPA's Model State Idling Law guidance document. The commission has made no changes in response to this comment. 

Comment 

The CAC commented it does not support adoption of the sleeper 

berth exemption, because it will make the rule difficult to eriforce, 

diminish incentives for installation of idle reduction measures, 

and discourage jurisdictions from participation in the MOAs. The 

CAC commented that retaining the exemption is not consistent 

with the legislative intent to allow the exemption to expire. The 

CAC recommended that the sleeper berth exemption should be 

limited if the commission adopts the exemption such as: prohibit 

sleeper berth idling in sensitive areas: or to restrict heavy~duty 

vehicles only; allow the exemption for no longer than a two-year 

period; modify the geographic applicability to no idli_ng within 30 

miles of a facility offering external heat~ng or a1r condltlomng._ The 

CAC suggested the commission should focus on ~hat mc;>dl~ca~ 

lions would make the rule more effective at reduc1ng em1ss1ons 

from idling, rather than trying to discern the legislature's intent in 

expired statutes. 

Response 
The commission acknowledges this comment; however, the 

commission must balance the health and safety of drivers with 

the benefits of idling restrictions. The commission has made no 

changes in response to this comment. 

Comment 

The EPA commented that it would not be able to approve the proposed idling restriction sleeper berth exemption in the SIP unless 

the commission can provide substitute reductions or modeling to 

show that attainment can be met without the credits affected by 

the exemption. 

Response 

In response to the EPA's comments, the commission has added 

to the FCAA, §110(1) demonstration that retaining the sleeper 

berth exemption will not interfere with attainment or reasonable 

further progress in the SIP because the DFW area achieved 

an excess of NOx and VOC emission reductions through the 

VMEP commitments. Additionally, the excess emissions reductions were greater than the 0.12 tpd NO, and 0.004 tpd VOC 

emission reduction shortfall estimated in the NCTCOG's VMEP 

accounting for the Locally Enforced Idling Restrictions. Furthermore, the 0.86 tpd NOx and 3.66 tpd VOC excess emission reductions accomplished for the overall VMEP, as estimated in 

the NCTCOG's VMEP accounting, were greater than the emission reduction commitments for the Locally Enforced Idling Re--

strictions component of the VMEP. Finally, on April9, 2010, the 

EPA published its approval of revisions to the SIP regarding the 

idling rule that the TCEQ submitted on February 28, 2008 (75 

FR 18061 ). In that approval, the EPA did not address the previous revisions to §114.517(12) exempting the idling of the primary 

propulsion engine of a vehicle to provide air conditioning and 

heating for the vehicle's sleeper berth for a government-mandated rest period, because these provisions of the rule had already expired. 

Comment 

The NCTCOG commented that it is not opposed to reinstating 

the sleeper berth exemption for idling during a government-man~ 

dated rest period so long as no idling is allowed in sensitive areas. 

Response 

The commission appreciates the support. The rule change was 

made to be consistent with the federal requirement mandating 

rest stops to protect the health and safety of drivers. The commission has made no changes in response to this comment. 

Comment 

Phagan Express of Texas LLC commented that the idling rule 

places an additional burden on drivers that is not needed. Reed's 

Sand & Gravel, LLC, commented that the trucking industry is being forced into extinction. With high fuel prices troubling truckers, 

the rulemaking is adding the burden of being unable to rest comfortably. Rex Long Transport Company commented this rulemaking would be harmful for drivers who cannot afford external 

power plants at a cost of approximately $10,000. Citing that temperatures in Texas range from lows in the teens and as high as 

100 plus degrees Fahrenheit, no driver should be forced into that 

situation. USA Truck, Inc. commented on its concerns that the 

idling rul_e would prevent truckers from receiving quality sleep. 

An individual commented that drivers need to make their own decisions on the issue of idling and are aware of when they need 

to use air conditioning and heating for rest periods and sleep. 

Another individual commented that the idling rule must take into 

consideration the hardship it places on the driver who cannot 

make it to a truck stop that has facilities with external heating 

and air conditioning connections. The individual asked that the 

commission consider that a driver cannot get proper rest if the 

driver is too hot or too cold. The anti-idling regulations place 

undue hardship on the drivers. Another individual commented 

that truck drivers should be allowed to idle their engines in order to keep the temperature close to what they are used to so 

they can get rest while on breaks or waiting to pick up or deliver. 

The individual commented that the distance to external temperature control should not matter because it is not possible to wait 

in line for availability unless on shipper or receiver property. Another individual commented that it is these laws, which prevent 

truck drivers from running the air conditioner and getting enough 

sleep, make drivers dangerous for families on highways. 

Response 

The commission acknowledges the comments and the concerns 

associated with the health and safety of drivers. The anti-idling 

rules are an ozone reduction program that helps areas that are 

nonattainment and near nonattainment reduce pollution. In addition, this rulemaking adds only a year-round idling enforcement 

period while eliminating certain idling prohibitions, retaining several exemptions to allow truck drivers to use air conditioner or 

heating, and adding a new exemption for armored cars. The 

commission has made no changes in response to these comments. 

Comment 

The NCTCOG suggested including an exemption for vehicles 

powered by "Certified Clean Idle" engines, because these engines pollute less than many idle-reduction options currently allowed under the rule and would eliminate the demand on drivers 

to have duplicative technology to comply with various state's 

idling rules. 

Response 

The commission appreciates the comment. The commission did 

not propose the suggested exemption or consider the exemption in the FCAA, §110(1) demonstration for this rulemaking. The 

commission may consider the suggested exemption in a later 

rulemaking with additional analysis. The commission has made 

no changes in response to this comment. 

Statutory Authority 

These amendments are adopted under the authority of Texas 

Government Code, §2001.021, Petition for the Adoption of 

Rules, which authorizes an interested person to petition a state 

agency for the adoption of a rule. The amendments are adopted 

under Texas Water Code (TWC), §5.1 02, General Powers; 

TWC, §5.1 03, Rules; and TWC, §5.1 05, General Policy, which 

provide the commission with the general powers to carry out its 

duties and authorize the commission to adopt rulemaking necessary to carry out its powers and duties under the TWC; and 

TWC, §5.013, General Jurisdiction of Commission, which states 

the commission's authority over various statutory programs. The 

amendments are also adopted under Texas Health and Safety 

Code (THSC), §382.017, Rules, which authorizes the commission to adopt rules consistent with the policy and purposes of 

THSC, Chapter 382 (the Texas Clean Air Act), and to adopt 

rules that differentiate among particular conditions, particular 

sources, and particular areas of the state. The amendments 

are also adopted under THSC, §382.002, Policy and Purpose, 

ADOPTED RULES August 5, 2011 36 TexReg 4979 
which establishes the commission's purpose to safeguard the 

state's air resources, consistent with the protection of public 

health, general welfare, and physical property; THSC, §382.011, 

General Powers and Duties, which authorizes the commission 

to control the quality of the state's air; THSC, §382.012, State 

Air Control Plan, which authorizes the commission to prepare 

and develop a general, comprehensive plan for the control of 

the state's air; THSC, §382.019, Methods Used to Conlrol and 

Reduce ·Emissions From Land Vehicles, which provides the 

commission the authority to adopt rules to control and reduce 

emissions from engines used to propel land vehicles; and 

THSC, §382.208, Attainment Program, which authorizes the 

commission to develop and implement transportation programs 

and other measures necessary to demonstrate attainment and 

protect the public from exposure to hazardous air contaminants 

from motor vehicles. 

The adopted amendments implement THSC, §§382.011, 

382.012, 382.019, and 382.208. 

This agency hereby certifies that the adoption has been reviewed 

by legal counsel and found to be a valid exercise of the agency's 

legal authority. 

Filed with the Office of the Secretary of State on July 22, 2011. 

TRD-201102785 

Robert Martinez 

Director, Environmental Law Division 

Texas Commission on Environmental Quality 

Effective date: August 11, 2011 

Proposal publication date: February 11, 2011 

For further information, please call: (512) 239-2546 

• • 

TITLE 31. NATU L RESOURCES 

CONSERVATION 

PART 2. TEXAS P RKS AND 

WILDLIFE DEPART ENT 

CHAPTER 65. WILDL E 

SUBCHAPTER H. PU LIC LANDS 

PROCLAMATION 

31 TAC §65.190, §65.191 

AND 

The Texas Parks and Wildlife ommlss1on, in a duly noticed 

meeting held on May 27, 2011, a opted amendments to §65.190 

and §65.191, concerning the Pu lie Lands Proclamation, without 

changes to the proposed text as published in the April22, 2011, 

issue of the Texas Register (36 exReg 2603). 

The amendment to §65.190, co eming Application, adds "Blue 

Elbow Swamp-Tony Houseman WMA/SP" to the list of public 

36 TexReg 4980 August 5, 1011 Texas Register 

hunting lands contained in the ction. The wildlife management 

area (WMA)/state pari< (SP) w s acquired in 1997 but inadvertently was not included in the i ventory of public hunting lands 

listed in the section. 

The amendment to §65.191, co earning Definitions, adds definitions of "airboat" and "motorbo t." Advances in propulsion systems technology (belt drives, ud pumps, etc.) have increased 

the ability of shallow-draft vess Is to operate in very shallow waters and wetlands, which pose threats to habitats on WMAs as 

a result of the physical disturbs ce of soils and vegetation. Current rules prohibit the use of a rboats on WMAs except by executive order or written permis ion, and several WMAs impose 

site-specific restrictions on th operation of motorboats; however, the terms "airboat" and" torboat" are not defined by rule. 

The amendment would supply regulatory meaning for each of 

those terms for enforcement p rposes. By clearly defining what 

is meant by those terms, the partment's existing regulations 

regarding public access and u can be enforced without ambiguity. 

The amendment to §65.190 will unction by providing a complete 

list of public hunting lands that re governed by the subchapter. 

The amendment to §65.191 will function by providing unambiguous meanings for words and te ms used in the rules. 

The department received no co ments opposing adoption of the 

proposed amendments. 

The department received one omment supporting adoption of 

the proposed amendments. 

No groups or associations co ented in favor of or opposition 

to adoption of the proposed a endments. 

The amendments are adopted nder the authority of Parks and 

Wildlife Code, Chapter 81, Su hapter E, which authorizes the 

Parks and Wildlife Commissio to promulgate rules governing 

access to and use of public hu ting lands and specific hunting, 

fishing, recreational, or other u e of wildlife management areas 

and requires the commission to rescribe by rule any terms, conditions, and fees for the issuan e and use of pennits. 

This agency hereby certifies tha the adoption has been reviewed 

by legal counsel and found to b a valid exercise of the agency's 

legal authority. 

Filed with the Office of the Sec tary of State on July 22, 2011. 

TRD-201102784 

Ann Bright 

General Counsel 

Texas Parks and Wildlife Departm 

Effective date: August 11, 2011 

Proposal publication date: April 22 2011 

For further information, please call: (512) 369-4775 

• •