Bryan W. Shaw, Ph.D., 

### Chairman Buddy Garcia, Commissioner Carlos Rubinstein, Commissioner 

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

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## \ DocketNo. 2010-0878-RUL Rule ProjectNo. 2009-054-114-EN


### Dr. Alfredo "AI" Armendariz, Regional Administrator U.S. Environmental ProtectionAgency- 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 ofAir 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 ofheavy-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sleeper berths to idle in residential areas, school zones, and near hospitals; and removes expiration dates that are no longer applicable.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 orless andreplaces itwith a newexemptionfor armoredvehicles; 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 ofTexas Mr. Toby Baker, Office ofBudget, Planning and Policy, Office ofthe 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 ofdocuments 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,** 

# Dfrecm**~-** Air Quality Division Texas Commission on Environmental QualityTexas Commission on Environmental Quality Public Hearings March 1, 2011 and March 3, 2011 Concerning Revisions to 30 TAC Chapter 114

Control ofAir 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 berthsto idle in residential areas, school zones, and near hospitals; and removes expiration datesthat 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 motorvehicle when idling for heating or air conditioning while a driver uses the vehicle's sleeper berth for a governmentmandated rest period and notwithin 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 ofthe 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 ofthis hearing record are maintained in the TCEQ central office at 12100 Park 35 Circle, Austin, Texas 78753. Forfurther 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 ofthe proposed rules in the February 11, 2011, issue ofthe Texas Register

### (36 TexReg 707).

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

### (36 TexReg 877).

4. Correspondence forwarding the notice of public hearings to the following officials and agencies: Speaker ofthe House Lieutenant Governor Alamo Area Council of Governments Capital Area Planning Council City ofAustin, Mayor's Office City of Dallas, Department ofAviation 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

### Examole 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 ofNr Pollution from Motor Vehicles, 114.512 and 114.517; and to the state implementabon plan (SIP), under the requirements ofTexas 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 oforal 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 ofthe 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 -2/11/2011Copies 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 IQuality 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 onMarch3,20II, at 10:00 a.m. in uildingE, Room201S, atthe commission's central office located at 2100 Park 35 Circle. The hearing is structured for the receipt ofora or written comments by interested persons. Individuals may present ral statements when called upon in order ofregistration. Open discus on will notbepermitted 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 ofLegal 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 ofAir Pollution from Motor Vehicles, § 114.512 and**§114.517~** and to the state implementation plan (SIP), under the requirements ofTexas Health and Safety Code, §382.017; Texas Government Code, Chapter 2001, Subchapter B: and 40 Code ofFederal 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 areno 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, atthe 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 oforal 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 staffmembers 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 ofLegal 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. Theproposedrulemakingwould fa ilitateregionalization and cooperativeplanning amongwaterdistricts and other local governmententities 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.



### INADDITION 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 ofthe 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-201100389 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 byTREC, 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 ofthe**~** 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 derTexas 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 statuteaffected bythis prop al isTexas Occupations Code, Chapter 1101. No other statute, ode or article is affected bythe proposed amendments. §537.45. Standard Contract Fo TRECNo. 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 oftermination ofcontract. 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 ContractFor TRECNo. 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 ofcontracts. 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 agencyhereby certifiesthat 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-201100305 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 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 May2007, 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 ofthe Texas Register(33TexReg 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 1,000feet ofa 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 ofwhich was to provide an exemption for all vehicles with gross vehic:Jeweight 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 orwhile 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 FederalRegister18061). In that approval, the EPA did not address the previous revisions to §114.512(b) prohibiting idling ofa 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 AirAct, §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 ofstate or local governments as a result of administration or enforcement of the proposed rulemaking. 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 rulemaking 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 ofArlington, 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 709The proposed rulemaking is not expected to have a fiscal impact on individuals. The proposed rulemaking provides continued flexibilityfor local governmentsthathave 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 rulemaking and determined that a small business regulatoryflexibility 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 rulemaking 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 lightofthe 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 ofthe economy, productivity, competition, jobs, the environment, orthe public health and safety ofthe 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 ofstate 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 ofthe Federal Clean AirAct (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 ofthis 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 of42 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 ofthe 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 ofa 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 ofthe 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 sectorofthe economy, productivity, competition, or jobs; nor would the proposed rulemaking adversely affect in a material way the environment, orthe public health and safety ofthe state or a sector of the state. The idling restrictions are effective only in certain areas ofthe 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 notconstitute a major environmental law, even ifitdid, itwould not be subjecttoa 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 underthe 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 orappropriate to meetthe 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 underthis 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 ofthe 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 ofthe 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 notdeveloped solely underthegeneral powers ofthe 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 ofthe economy, productivity, ccmpelilion, orjobs, 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 711by 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 ofTHSC, 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 thatwould 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 ifthe 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 etseq., 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 ofthese 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 AUTHORITYThe 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 ofthe 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 ofthe 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. ControlRequirementsfor 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 minuteswhen the motor vehicle, as defined in§114.510 of this title (relating to Definitions), is not in motion [dtififtgtheperiedef Aj>fil+**~Qeieloef** 'H ef- eoJ...a..ye<>F). 

### ft9t**~<l!We<HSiftgtl>e** oehiele's**oleej>el'-mey~tl>e** ¥eftte.le:. isa- fesideRtisl 8fe&- M defuted by beeel Ge,emmeRt -Gede, j244.QQI, iH a ..aeet..,.,wiiiH&+,QOO feet efa ltasjHtal, .,.wiiiH&**+,QOOfee<efaj!\H>li&..aeet<IHflflgil<f""""ef•~•••tiOH.**

# Afti!ftdeftfti.s.sul3seetiea maybef!tlftishtlb!e**-byatifteftffi-te~~** !Jltis. suhseetiBfl**~** Septemher -1-,**~** §114.517. Exemptions. The provisions of §114.512 ofthis 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 airconditioning orheating 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 ofa motor vehicle providing a power source necessary for mechanical operation, other than propulsion. end/orpassengercompartmentheating, orairconditioning; (6) the primary propulsion engine ofa motor vehicle being operated for maintenance or diagnostic purposes; (7) the primary propulsion engine ofa motor vehicle being operated solely to defrost a windshield; (8) the primary propulsion engine ofa 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 passengertransportation, orpassenger transit operations, in which case idling up to a maximum of30 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 essentialjob function related to roadway construction or maintenance; (I0) the primary propulsion engine ofa motor vehicle being used as airport ground support equipment; ( 11) the owner ofa motor vehicle rented orleased 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 ofa 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 Forfurther information, please cal: (512) 239-2548 

# • • CHAPTER 293. WATE 

## t DISTRICTS SUBCHAPTERE. 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



### PROPOSEDRULES February 11, 2011 36 TexReg 713Bryan 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

### RedudngandPreventingPollution 

## PUBUCHEARINGONPROPOSEDREVISIONSTO 30TACCHAPTER 114 AND REVISIONSTOTHE STATE IMPLEMENTATIONPLAN
TheTexas Commission onEnvironmental Quality (commission) 

## will conduct a publichearingto receive testimonyregarding proposedrevisions to 30TexasAdministrative Code (TAC) Chapter 114, Control ofAir 

## Pollutionfrom MotorVehicles, §114.512 and §114.517; andtothe state implementation plan (SIP), underthe requirements ofTexas Health and Safety Code, §382.017; Texas Government Code, Chapter2001, Subcllapter B; and40 Code ofFederal Regulations §51.102 oftheUnited States Environmental ProtectionAgency (EPA) regulations concerning SIPs. Theproposedrulemaking would allow enforcementyear-round; removethe expiredprohibitionfor drivers using sleeperberthstoidle in residential areas, scllool zones, and near hospitals; and remove expiration datesthatare nolonger applicable. Additionally, theproposed rulemakingwould remove the duplicative exemptionfor a motorvehicle thathas a grossvehicle weight rating 

## of 14,000pounds orless and replace itwith a new exemptionfor armoredvehicles; and retain the exemptionfor a motorvehicle when idlingfor heating or 

## air conditioning while a driveris usingthevehicle's sleeper berthfor a government-mandated restperiod and notWithin two miles 

## ofa facility offering external heating or conditioning, whicll expired onSeptember 1, 2009. The commission

## will hold a publichearing onthis 

## proposalinAustin onMarch 1, 2011, at 2:00 p.m. in Building E, Room 201S, atthe commission'scentral office located at 12100 Park 35 Circle, and in FortWorth onMarcl13, 2011, at 2:00p.m.in the Public Meeting Room, attheDFWTCEQ Region 4 

## Office located at2309 Gravel Road. Thehearingis structuredfor the receipt oforal orwritten comments byinterestedpersons. Individuals maypresent oral statements when calledupon in order ofregistration. Open discussion will notbepermitted duringthehearing; however, commission staff 

## members

## willbeavailable to discuss the proposal 30minutespriortothehearing. Persons who have special communication or otheraccommodation needs who are planningtoattend thehearings shouldcontact SandyWong, Office ofLegal Services at (512) 239-1802. Requests should be made asfar in advance aspossible. Written comments maybesubmittedto Micllael Parrish, MC 205, Office ofLegal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, orfaxed to (512) 239-4808. Electronic comments maybesubmitted at: 

## http:jjwwws.tceq.texas.govjrulesjecommentsj. File size restrictions may applytocomments being submittedvia the eComments system. All comments shouldreference Rule Project Number 2009- 054-114-EN. Thecommentperiodcloses Marcl111, 2011. Copies oftheproposed rulemaking canbe obtained from thecommission'sWeb siteat 

## http:jjwww.tceq.texas.govjnavjrulesjpropose_adopt.html. Forfurther 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 TruckLine Lawrence Edge, Acme TruckLine 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, BAMMExpress 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 AreaCouncil ofGovernments (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 LindaKoop, City ofDallas John W. Clifford Steve Buzek, Creek SideNursery Steve Mings, Crete Carrier Charles Miller, CRST CharlesRussell, C-T Trucking Patricia Cullen, Cullen Trucking ElaineBriles, DartTransit 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 ContracrCarriers 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 DonnaHaynes TerryHebb Kendall Dawson, Hirschfeld Transportation Gaddis Wooley, Hot ShotExpress Stacy Elms, Housley Communications, Inc. NickDynis, Hyden HighwayHauling, 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, LadybugFreight Michael Wilson, Landstar Kevee Ramsey, Lanstar Joy Mattice Thomas Griffin, MayberryExpress James McCall Richard Minnix, Kay Shaw, McClatchyBros, Inc. Robert 

### Freeman, MLC, LLC Ricky Montgomery Randall Morse dba Morse Trucking Darlene Mullins WayneE. Myers John Counts, Nabors Well SeiVices Co. VincentE. Nicholson Chris Klaus, North Central Texas Council ofGovernments GregPrice, Oklahoma TankLines/United Petroleum Transport MatthewPrice, OklahomaTankLines/United Petroleum Transport Tim Rains, Oklahoma TankLines/United Petroleum Transport Andy Walker, Oklahoma TankLines/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 ofTexas 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 PattyReed, 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, StarFleet Trucking Ross Sterling, Sterling's Vacuum Service John Flanagan, Stevens Van Lines, loc. Tom Cochran, Swift Transportation Thad Tate Adrian Tawney Charlotte Plumlee, Texas HotOilers, 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, TurnerBros., 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, WernerEnterprises, 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 getthe rest that needed to operate in a safe manner!



### file://C:\WINDOWS\Temp\XPgrpwise\4D777F8DTNRDOM20EPAAP010016£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 ofthe 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 getout more often and actually talk 

### to some truck drivers. Orjustcall 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 ofTexas 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\4D78DBE6TNRDOM20EPAAP010016E747916... 3/10/201103/07/2011 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: markw 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 ofthe 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 ofthe 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\4D78A635TNRDOM20EPAAP010016E7479168... 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 ofthe 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 ifwe had 

### to start and trun off truck every hour. The state ofTeas has closed most rest areas so we cant sleep out ofthe 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... 3/10/201103/07/2011 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\4D78A5A9TNRDOM20EPAAPOI0016E747916... 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 AAP010016E747916... 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 ProjectNumber 

### 2009-054-114-EN 

### Dear Mr. Parrish,**M~r-.** 09 2011 09:54RM P1



# W-16

As a motorcarrier wi.th opcmtions primarily in Texlls, I would liketo Vllice my suppo·rt for the proposed rulemaking. Weare 

### all in support ofclean air, 

### and the lruuking industryhas responded well wi.th new technologies to reduce idling 101d emissions. Enginestoday are cleanerthllll ever-before and continue to improve. The reduction oftlnlissions by eliminating unnecessary idling 

### is a priorityfor 1111 motor carriers, 

### and with fuel at $3.50 plus, imperative. However, there arc limes when idling is**occcs.~wy** 

### for drivers to 

### restcomfortably, asrequired. The proposed rulemaking would exemptthese drivers, while resting in their sleeperberth. This exemption is importantfor everyone who shares the highways**ofTcxa~.** 

### I urge 

### lllld supportthe finalization ofthe 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 ifyou 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. 

### Ifyou 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\4D789B33TNRDOM20EPAAPOI0016£7479168... 3/10/2011

## Kathe Boothby- Fwd: 2009-054-114-EN

From: To: 

## Date: Joyce Spencer Boothby, Kathe 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: 77073 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 ofthe 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 ofthis 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\4D78FOF2TNRDOM20EPAAP010016E7479169... 3/10/2011From: 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

# Brookshires •"c'"'"c:' ,,.,.,,c.**foodApi-lorr.-:c~y**


### Texas Register Team- MC 205 General Law Division Office ofLegal Services TCEQ P.O. Box 13087 Austin, TX 78711-3087 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 ofreducing unnecessary idling is to have the driver tum-offthe 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 ofidle reduction technologies can range from less than $1,000 to nearly $10,000 depending upon the system and the capabilities. The upfront cost ofthese technologies represents one ofthe 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 ofrest, some idling is necessary. Our beliefis that the health and safety ofdrivers and the public outweighs dangers posed by emissions created by necessary idling. Since 2008, nearly every model ofheavy-duty diesel engine, the types ofengines found in trucks with sleeper berths, has been certified by the CaliforniaAir Resources Board to an idle emissions standard for NOxwhich is equivalentto a diesel-fired auxiliary power unit. 

### 1n other words, the idling ofthese primary engines produces the same level ofNOx emissions as the most prevalent type ofidle 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 ofthe 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 ofthe APU without reducing the total cargo weight limit ofthe vehicle (80,000 pounds plus APU).



### file://C:\WINDOWS\Temp\XPgrpwise\4D78A72CTNRDOM20EPAAPO10016£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 ofthat. 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 ofTexas 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 AAP010016£7479169... 3/11/2011

## Kathe Boothby- Fwd: 2009-054-114-EN

From: 

### To: Date: Joyce Spencer Boothby, 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 ofI



# 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 hotTexas summer arrives. Best Regards, Rick Maddox President Canal Cartage Company 713-672-1779.



### file://C:\ WINDOWS\Ternp\XPgrpwise\4D777FACTNRDOM20EPAAPOI0016E7479168... 3/9120II. '
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# W-26 February 25, 20 1 1 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 ru le 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 ofthe area's voluntary ozone control plan , wh ich incl udes 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 ofthe sleeper berth exemption because we believe

.. .. · .the.re are.viabie ·aJtematives to idling the primary engine and because itwill make the rule**>· difficult**  to-'enforce and· diminish**i~centives** for installation of idle reduction technology; o IfTCEQ does adoptthe 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 elim inate the expiration date for this provision ; · o The CAC requests that TCEQ review its legal authority to establish the amount of fines for offenses u nder 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 th is rule does not make businesseswithin 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 looksforward to working with TCEQ to r educe air pollution in Central Texas

. Best regards,

. . . . . 

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# . Samuel'Biscoe:· Travis

# 'Coun tY·Judge ·.' ·: ·.. · Chair, Central:Texas Clean Air Coalition·-· . ·.- ·. .
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. ; •**·~** •• ·· . : · .• : ··.·Centra ITexas 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 itwill make the rule difficult to enforce and diminish incentives for installation of idle reduction technology; • IfTCEQ does adoptthe 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 ofa public school during operating hours, andwithin 1,000feet ofa hospital; 2. Restrict the exemption only to heavy-dutyvehicles with a primary diesel engine meeting the nitrogen oxide idling emission standard in Title 13, ofthe California Code of Regulations, Section 1956.8(a)(6)(C); 3. Allowthe exemption for no longerthan two years; and 4. Modifythe geographic applicability so that sleeper berth idling is not allowed within thirty (30) miles ofafacility offering external heating or air conditioning, rather than two, which is what the proposal included.
• The CAC requests that, in light ofthe Texas Commission on Environmental Quality's (TCEQ's) proposal forthe 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; forthis provision; • The CAC requests that TCEQ review its legal authorityto establish the amount offines for offenses underthe 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 thatthe TCEQ clarify that entering into an Memorandum of Agreement (MOA) underthis rule does not make businesses within the jurisdiction ineligible forTexas Emissions Reduction Plan (TERP) grant funding for idle reduction equipment; • The CAC requests thatthe effective da.te ofany rule ·change be after the end ofthe 2011 ozone season so as notto interfere with implementation ofthe rule this year.



### 1Central 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 ofthe 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. Itwould also improve compliance since there would be no confusion for eithertruckers or law enforcement personnel as to when the restrictions are effective. 

## Sleeper Berth Exemption The CAC does not supportTCEQ's proposal to reinstitute the sleeper berth exemption. If adopted in its proposed form, this exemption will make enforcement action against extended idling difficultto 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 thatthe idling was notfor government-mandated rest or that itwas occurring within two miles of a "facility offering external heating or conditioning." Between truck stop infrastructure and installation ofalternate 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 otherjurisdictions 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 ofa facility equipped with heating orconditioning). 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 allowthe 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 oftechnology 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 ofthat 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 nofbelievethat reinstituting this exemption is consistent with the clear legislatiye intentto 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 itwanted 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 ofthe 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 ofGovernments will be conducting a local study ofemissions from idling at truck stops that will be able to provide a 

### 2Central 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 ofexactly how much extended idling is occurring attruck stops in the region and to what extent idle reduction technology is being used. Since the study will be conducted priorto the beginning ofthe ozone season-and therefore, enforcement ofthe current rule-it should provide a much clearer picture to what extent this type ofactivity is occurring. The most recent study was conducted in 2004, and without any mcire up-to-date information, there is no reason to think thatthe 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 ofthe 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 setthe 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 ofthese 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 ofthis rule proposal would be to allow a truckto 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. Ifthe TCEQdecides to reinstate a sleeper berth exemption, the Coalition requests thatthe TCEQstrlke the expiration date ofSeptember 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. 

## Contradictionsin 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). Ifthis rule proposal would implement the legislature's intentto 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 intentto 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 forthe· 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 ofthe 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 concerningthe particular method to be used to control and reduce emissions from engines used to propel land vehicles.


### 3central 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 ofavehicle or vehicular equipment, the inspection, certification, orother approval of any feature or equipment designed to control emissions from motorvehicles ifthatfeature orequipment 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 ofStage II vapor recovery systems that control motorvehicle refueling emissions at a gasoline dispensing facility in this state until the United States Environmental Protection Agency determines that the use ofthe 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 offederal 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 ofthe offense as a Class Bfelony under the Water Code, which makes current enforcement ofthe rule In unincorporated areas impractical. The CAC asks that §114.512(a) also 

### be amended to add the following language: "An offense underthis subsection shall be punishable by a fine notto exceed $500." This change will eliminate a major obstacle to effective implementation ofthis rule in unincorporated areas. The CAC asks thatthe commissioners consider allowing county enforcement cases to be treated the same way theywould be ifthey were enforced by TCEQ personnel. 

### TERP Funding Eligibility The CAC requests that TCEQ clarify in the preamble to the rule that ajurisdiction'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 ofeligibility 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 ofthe statute and requests that the commissioners use the opportunity ofthis rule change to clarifytheir interpretation ofthis 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 ofagreement, 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 ofa 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.


### 4Central 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 oftruck stops, would not be eligible in ajurisdiction that has signed an MOA under Chapter 114, Subchapter

### J, Division 2, since the MOA would mean thatthose projects would be "required" by virtue ofthe MOA. This would mean that if ajurisdiction agreed to enforce idling restrictions, it gives up any business's eligibilityto 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 intothe 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 ofthe rule proposal). Ifthe 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 underthis program· Will notjeopardize the

. eligibility of local businesses forthisfunding 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 thatjurisdictions can be able to evaluate the tradeoff. Ifthe 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 ofthis 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 ofTERP funding: Insert a sentence at the end of§114.511, stating "Ajurisdiction's signature ofa Memorandum of Agreement does not make an otherwise eligible diesel emission reduction incentive program infrastructure project under §386.108(b)(2) and (3) ineligible forfunding underTexas Health and Safety Code, Chapter 386." 

### Effective Date ofRule Change In orderto eliminate any disruption to implementation ofthe existing rule in this ozone season, the CAC asks thatTCEQ make the effective date of any rule change the end ofthe current ozone season. Changing the rule in the midst ofthe ozone season would be confusing and counter-productive.



### 5From: 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: 79t09 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 ofthe 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 otherworkers 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 ofthe 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 AAP010016E7479168... 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 AAPO10016E747916... 3/10/2011' 

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# 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 ofLegal 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 ofour**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 ofn 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 moretruck 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 underthe 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 offuel 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 ifyou 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 withoutjeperdizing health and safty. Please help us to make ourjob as truckers easier,safer,and justa 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\4D78A701TNRDOM20EP AAPOI0016E7479168... 3/10/2011From: 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 ofthe 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 truckFrom: 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 ,howeverwhen proper rest and nutrition are a factor, aided by complete disregard by a city for proper facilities to a driver with a 15 hourwork 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 Boothby, 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-TTrucking 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 ofthe revinue onboard 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



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... 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 ofthe 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 offuel 

### 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 ourjobs. 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 ofthe 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\4D7650D7TNRDOM20EPAAPO10016E7479167
... 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 ofthe 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 ofthe 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\4D78A4C81NRDOM20EPAAPO10016E747916... 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 AAPOl0016E7479168... 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. 

### Itgets 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... 3/10/2011From: 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 E 4rd St. Ste 417 Odessa. TX 79762-.5928 

## 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 withtruck operations, this creates anenormous impact on the bottom line ofevery company. Idling overtime will increase the wear and tear ofany vehicle engine and will invariably shorten the life ofthe engine, which again impacts the bottom line. It makes sense that a temperature controlled rest is the mostproactive means to fight drowsiness, as all ofour 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

# @:.EXCARGOSERVICES

March 9, 2011 Mr. 

### Michael Parrish MC 205, Office ofLegal Services Texas Commission onEnvironmental Quality P.O. Box 13087 Austin, Texas 78711-3087
RE: Proposed Amendments regarding Motor Vehicle Idling
DearMr. 

### 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 ofour 70+ drivers are owner operators, independentbusinessmen, who are all keenly aware ofhowrapidly rising fuel costs impacttheir bottom line andthe living that they

## earn: for their families. Rest assured thatintoday's economic environment, none ofour drivers choose to engage inunnecessary idling oftheir trucks. 

### Thatbeing said, eventhough ourdrivers are all independentbusinessmen, first andforemost they are professional motor carrier operators. As such they adhere to stringent Federalregulations governing how many hours they can operatetheir vehicle 

### and how many hours ofrestthey must obtain while driving. Oftenthey taketheirrestperiod inthe sleeperberth oftheir truck. 

### Imagine trying to get some quality rest anywhere in Texas inthe middle ofthe summerinside a vehicle without air conditioning. For these drivers, there is a need for an exemptionto the rules banning idling. As a Company, we are committedto conservation and 

### reducing emissions. But first and foremost we are committedto safety. We believe

### that allowing drivers to idle their vehicles to 

## maintain climate control during their mandatedrestperiods is an absolute requirementto ensure that the drivers get quality rest allowing them to operate safely. 

### Thank you for your time inhearingmyposition.**·~~**

. 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\4D78A680TNRDOM20EPAAPOI0016E7479168... 3/10/2011From: 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 ofthe 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 ourjobs. 

### It is actually a way of life NOT a job. And if we don't do ourjobs 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 ofthe ideling laws a good lawyer will have a field day with the deepest pockets. Thank YOU;Ed Gallett Denison 1X Small Business Owner



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... 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 ofthe 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 ofthe 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\4D78A66ETNRDOM20EPAAPOI0016£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 ofthe 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: Ifyou want to pass a anti-idling lawjust for revenue you need to think again. The DOT wants truckdrivers to drive safer and be more aware ofthere 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 everynightwhen 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\4D78A59ATNRDOM20EPAAPOI0016£747916... 3/10/2011From: 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 ofthe driver. Thank YouFrom: 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-53From: 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 FMCSA 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 Boothby, 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 ofthe 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 ofthese 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 

### offyour 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 ofTexas 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 Boothby, 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... 3/11/2011Corporate 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 ofLegal Services Metroptex Office: 3122 Kell\'lay Dr. Carrollton TX 75006 972.931.2686

,.972.380.4427 fax



### TexasCommission on Environmental Quality Post Office Box 13087 Austin, Texas 78711-3087

Re: RuleProjectNnmher

### 2009-054-l14-EN Via: E-Comment System

DearMr. 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 infiVe (5) 

### stlltes in the Southwest. We are a 

### private fleet that operates approximatelyone hundred commercialmotor vehicles in addition to severalhundred light vehicle$. The safetyofour employees, subcontractors lllld the general public is one of

## our evetyday concerns. 

### Ourinvolvement with the TexasMotor Transportation Associationhas done 

### a 

### great deal to enhance the safe operation ofour

### fleet. Thesafety ofourhighways is 

### a greatcnnC<:I:Il inour opel"llrions each day. This concernisnot onlyforthe large number ofdrivers 

### wehave on

### the road every:day;butextends to our fellow CMVdrivers andthe general public. Oneofthebestways to insure**~s** 

### safety is 

### tomake sure thatcommercial truck 

### drivers 

### arewell rested. To achieve that goal, the cab ofthe

## truckneeds to stlly warmin the winter and cool inthe summer. Thehot days andnights ofTexas Summer are justaroundthe comer so 

### it is imperative that drivers 

### be ableto idle thei.r primary engine to obtainfederally mandated rest. Housley Communications, Inc. would respectfully ask 

### thatTCEQ adopttherules concerning motor vehicle idling incorporated inthe above referenced rulemaking. We all should expect Texas tohave the safesthighways andthese rules are an 

### important step in acbievingthis goal. Respectfully,

# ~-~5 Stacy

### L. Elms Vice President 

### ofRisk 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 ofLegal Services Texas Commission on Environmental Quality P.O. Box 

### 13087 Austin, Texas 

### 78711-3087 BY FAX: 

### 512.239.4808 

### Re: RuleProjectNumber

### 2089-054-114-EN DearMr. Parrish: PAGE. 1/ 2



# W-58

All ofthe members ofHyden Highway Hauling

### LLC an:: greaxly in favor ofpassing legislation which will guaranteethat ourdrivers will be allowed

### to idle their engines for climate control while getting therestmandatedby both federal and state legislation. With the wildtemperature swings 

### experienced in our state it isjusttotally unreasonable to 

### think thata drivercould in any way actually get a quality resttime without

### the aid of climate control for his sleeping environment Ourcompany keeps abouttwenty

### to twenty-five 

### truck tractorsrwmingin

### the state of Texas haulingprestressed concrete bewnsforbridges and overpasses on highways being built inTexas. One ofthe peculiarfacts about our operation 

### is thax we are mainly forced 

### to use oldertruck

### tractors. The highly competitive nature ofbidding for highway construction jobs inTelU\s keeps

### the rates which we are ableto command as transporters ofthosc

### beams extremely low. With such narrowmargins you cannot support expensive · newequipment. The forced 

### use ofolderequipment also meansthatthe units do nothave all the options on them thatcome with newtrucktractors today. We do not have auxiliary power units 

### (APU)on ourtrucktractQrs andwiththe hauling rates 

### as low 

### as they are we cannot afford 

### to install themat

### this time. We have 

### managed to 

### get one ortwo ofthe rigs upgraded io 

### thatmannerbut upgrading the entire fleet 

### is beyond our

### ability. Do we 

### wish that all 

### the units had 

### APUs? Ofcourse 

### we do. Idling decreases engine livebetween overhauls and with fuel neaded for more than $4.00/gallonthe cost ofidling 

### 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 sitesboth inand outside city limits the inability ofowdriversto idletheir equipment in order to get the rest theyneed

### to be safe drivers maybe greatly increased without the proposed rule. Already many ofourmajor Texas cities have orare considering such limitations on idling. It would be nice ifour units could all park at a truck stop equipped with plug-in powerorclimate control. The natw-e ofthe product we haul prohibits that in almostevery case. Witha concrete beam ofa hundred feet ormore and weighing a hundred thousand polUlds behind youtherejustaren't many places where youcan safely park and rest. Most ofthe time there isn'troom atthejob site for us 

### to park while waitingto unload, particularly for a night set, sothe contractor arrangesfor 

## us to have a staging area. Manytimes

### this staging area is a paved lotinside the city limitseven ifthe actualjob site is some miles away. 1think 

### thatyou can appreciate why

### being asslired ofbeingableto idle theequipment for the mandated and safety requiredrestis importantto U$. 

### 1need also to take this opportwrityto support this proposedrule onbehalfofour truck drivers who travel cross countryfor a living. These drivers manytimes spendfour to six weeks on theroad without ever goinghome. Duringthattime they are required to tske mandated sleep/restperiods in order to insw-e thatyour family and mine are not onthe road with unsafe drivers due

### to theirlackofsleep. Atthe same time we areincreasing the rest periods required we are closing and cancelingnewroad side parks because ofthe budgetdeficit of

### the state and national governments. Giventime 

### all these drivers will probably have APUs ontheirtrucks putWltil then we shouldnottake away_**th~** 

### safety of allowingthem to 

### find a spot thatmaybe 

### within the city limitswhere it is 

### still necessary forthemto 

### idletheirequipment to remain comfortable. We urge all involved to stewardthis rule

### to completion asquickly as possible. Noone can geta quality rest 

### period in a seven foot by eightfoot enclosed bunkwhen it is one htmdreddegrees outside. Thankyou for your considerationofourreasons for supportingand urgingthe finalization ofthis 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

... 3/10/2011From: 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 awreck my truck will surely beat your little car or pickup into a mass ofwrecked 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 ofthe 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 atthe 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 ofI

file://C:\WINDOWS\Temp\XPgrpwise\4D78A4ABTNRDOM20EPAAPOI0016£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 ofthe 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 ofthier ord. against idling) during the summer months and winter as well, I have suffered many health related ailments, some ofwhich 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 ofthe 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 ofthose that make the decisions butjust 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\4D78A647TNRDOM20EP AAPO1 0016E7479168... 3110/2011From: 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-63From: 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 ofI



# 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\4D789E4CTNRDOM20EPAAPOI0016£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 ofthe 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 ofthe 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 ofyour family and mine are often in the hands of a sleepy orjust 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\4D78A616TNRDOM20EPAAP010016E7479168... 3/10/2011From: 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 1OOf 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 ofI



# 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! Iftruckers 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 ofthe 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 ofthe TCEQ at present. 

# W-72

Our terminals provide our drivers with atemperature controlled environment while in ouryards awaiting their loads. Once loaded and on the·road howeverthey 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 ofthe most extreme weatherfrom the humidity of Houston to barren WestTexas where shelter is not readily available. We take safety extremely serious and want ourfamilies 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 gettingtheir 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 thatthe price offuel is over $3.50 per gallon and the excessive wear and tear shortensthe life 

### ofthe engines. But we all have a 1(ested interest in the quality ofair In the great State ofTexas. We all also have avested interest In the Safety ofour 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

1support 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 ajump 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 ofthe 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 

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# ~hFrom: 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 ofthe 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

1drive an 18 wheeler, and I know for a fact that you cannot get a decent sleep ifyour to hot or to cold. Theres no excuse why any driver cannot run his or her truck, for heat or air conditioning to be comfortable. Why not have everybody {notjust 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. Ifwe 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

MichaelParrish, MC 205, Office ofLegal Services Texas Commission onEnvironmental Quality P.O. Box 13087, Austin, TX

### 78711.

Dear Sir: 

# W-77

Asyoulikely areaware, Texas' idlingregulation isadoptedandenforcedbyindividualcities and counties. Theregulationlimitstruckidling to fiveminutes eachhour. Originally,the idlingregulationhad a sleeperberth exemption. Thatexemption,however, 

### expired in September2009. The Texas CommissiononEnvironmental Quality is scheduledto consider amending its regulationto exemptlarge

### trucks ''whenidling forheating orair 

### conditioning while a driver

### is using the vehicle's sleeperberth for a government-mandated

### restperiod. Sir

### I,request, thatthe Texas Commission onEnvironmental Quality, amend 

### and extend this regulation exemptinglargetrucks. I speakonthebehalfofmany owner operators, thatdueto thepooreconomy andrising cost of fuel andoil. Manyofus owner operators have notbeen abletopurchase andinstall auxiliary APU units to providecooling andheating. Driving a semitruck onthe

### interstates here inTexas is stressful enough,

### but doing the driving ·after 

### 8-10 hours of restless sleepinside a hottruck

### is dangerous. 

### Thank 

### You.**s~~ly; ~pt'~-(___,4~** 

## Wayn~ E. Myers03/07/2011 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 notwant to share the road with commercial vehicle operators who are notwell 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 ofI



# 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 NOIdling 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 injail, 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 otherhuman 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. Ifa 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 offand within 30 minutes, it is unbearable to stay in the truck, sleep is absolutely impossible. Most all OTRtruckers have a 

# refrigerator or cooler. When it is hot out a human being must drink a lot ofwater to avoid heat stroke. Cool water helps tremendously to avoid heat stroke. Also, many drivers are required to have various types ofmedicine as well as food that must be kept cool. Thus, a refrigerator is necessary for the survival ofa 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 offor 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-l0 degrees in the cab. Being onthe 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 & 

## otherjob related information. In short ifI'm alive & 

## awake, I need to be onthe pc taking care ofbusiness. 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 carryjumper 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, ifyou leave the window down for even 2 minutes, the 

# cab will be full ofmosquitos. I assure you. You will not get any sleep, all night long ifthere 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 ofevery 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 ofAids, 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 ofcriminals, 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 relieffrom the heat, is a wide open opportunity for thieves. 

## Imagine when you are asleep, the thiefreaches inside & 

## opens the door orjust climbs through the window and HELLO, you have a gun in your face. The least that will happen, is he will take everything ofvalue & 

## all your money.
2

## The most likely will be: the thiefknows 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 thiefjust can't resist. It's a dream come true for even the most armature thief. Ifyou endanger any animal: cat, dog, horse, snake, alligator, or any animal, it will be on national TV within minutes & 

## the perpetrator will be injail. Why is a truck driver considered a lower species than even the lowest form ofanimal 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 ofrelieffrom the heat? How many hundreds ofwomen 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 ofimplementing 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 tojail. 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 ofa 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 ofa car, & 

## the temperature will soar beyond the limits ofa thermometer. This extreme heat is the starting temperature 

## ofthe heat radiating inside the cab ofa truck. Now add the above information, the temperature can easily be 135 to 150 & 

## more inside the cab ofa truck that is not allowed to run the A/C. Anyone who implements No Idle laws have far surpassed any inkling ofbeing humane. They would have to ofbeen given unto a reprobate mind. 

## Even animals have more intelligence than such lawmakers. How can any humane personrequire a trucker to survive in these conditions. Whoever implements or enforces such laws should be immediately sent to prisonfor endangering human lives. Any person so in humane should not be allowed in any position ofauthority.
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, ifnecessary. 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 inthe environment ofthe 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 atypical 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 ofthe entire earth, ifit 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 ofgovernments are taking advantage oftruckers as ifthey were rolling ATM machines. A mere excuse ofsolving a global problem is actually an opportunity for revenue with absolutely no concern for the health &/or death ofdrivers because they are easytargets & helpless in fighting governments. It is really a shame that our law makers lust for money, revert back to ploys ofHitler, Stalin,
· Sadam Husain, etc against its citizens.

States That Have Implemented "NO IDLING LAWS" As ofSept 2010 The link below will take youto the never ending up-dates. http://www.atri-online.org/index.php?option=com content&view=article&id=164&!temid=70 I've heard onthe 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 GlobalWarming 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. Ifyou look back, every election year the liberals create some kind ofmajor 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 ofindividual life. Butnow, in 

### The Politically Incorrect Guide to Global Warming, Christopher C. Homertears the cover offthe Left's manipulation ofenvironmental issues for political purposes- and lays out incontrovertible evidence for the fact that global warming is just more ChickenLittle hysteria. not actual science. Ifyou 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 ofAntarctica 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 warmingpolicies 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 ofgovernment 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:IC9EE8901411B9 90F69C5B895E09FBFA Sincerely,

Thomas S. Winter Editor in Chief, HUMAN EVENTS

5

### ,_. .· r •• •



# ... 

# 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 Number201 0-0878cRUL

. , . r . . . . . . . . , 

### Dear Ms. Castillo:

.. The NorthCentral 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-FortWorth. · : (DFW) metropolitan planning organization, NCTCOG is tasked with implementing a large
· ·oumber ofcontrol strategies in the DFW 8-Hour.Ozone Attainment Demonstration State

·implementation Plan. One ofthese 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 theTCEQ:

. ,· . . . 

### . .. 

### · . EnforcementYear

# 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, itwouldmake 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

. • · . ···: .

# ..:

I 

# .I .j 

## i I I 

# I

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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

.

. 

### "

·. '·.

,

# .. 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 oftruck

. 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 ifthis exemption is reinstated, a two-year expiration also be included to allow for its reevaluation on·a regular basis: · · · Piohibitionof Idling in Neiahborhoods, School

## Z~nes, and Near Hospitals:

. NCTCOG Opposes the'iemoval ofthe prohibition· on idling in neighborhoods, school
· zones, and hear hospitals.' Ifthe 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 

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· · ·**~**..nctcog.Org '
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### . . . . Ms.: Nina Castillo · March 1_, 

### 2011 ·

·.• '.

### . 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 exhaustfrom**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 ofwhether idling oci::urs**wit~**

### in 

# aloca.f**juri~di~tion** 

### thathas.adopted idling
· :rules or not This ·stems .from TCEO's ioterj)reia'tion cif"rriandated:' ancfwhethertherule ·.. · · 

## I



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· ·' · ' : · . requires that vehieles 'u.se idle reduCti()n tech.riolog( orifit 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 adoptedthe rule._ Therefore, action allowing TERPfunding 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.

. , .· · 

### . .

-··.



### ·.**~---** ,.

. :· ;·**~--** . 

### ..· 

### .. '


### . ',_ ·,-

# ... · 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; instead6tsimply 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 . : .· • · ·'
._- . _· ..'_**~:** '.

·.**~** 

# . .· . 

### .... 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.· . 

### -'.

•.

.**--.-~.** ·._ ..

•. ,i • 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~** 

### andamoynt to roughly three,times the riumber of·
· registered class 4 andlargertrucksin the State.. · ·· 

### 0. ,, ·· · - · ··:.·

... 

### , " -•.:..

_ 

### _.,:'

' j A I 

### ·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 ofthe 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 '' 

# .. ·'·

. 

### ···. '··

..


### March.1, 

### 2011
b.eiweeri 

### 37 and 74 grams

### ~f NOi per hour.. Yet, TCEQ does notrecognize ''Certified ciean Idle"'

### engin~s. which are certified

# by the California Air Resources Board (¢ARB) to·· ·emit less than 

### 30 gramsof

## .NOx per hour when idling, as an approved technology,·

..· · 

### .· 

### .
. 

## ..

. ----·



### 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 forvehicles powered by "Certified Clean · :"Idle" engines as they pollute lessthan 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 holographicstickers 

## 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 !orcounties 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. beingable to issue a citation: -lt:is rec.omniended thaf :·• ,., · ·:, . §7.117(dj ofthe Water Code be modified to read

### ;;~s follows.· "A person who

### 'vioi~tes a . · ·

.,...., "iocally enforced motor yehicle idlingJimitation in Title 

### 30 of the TexasAdr:nin[strative . ' ·.. ' · · 

# ·: ·.>: :·. Code-commits·a clas.s·c misdemeanoroffense. An qffense.in this•subsection may be··

. ·: , .
,, : :. prosecuted eith'EirimderthiSsubsEictiori or 

### any other:prpvisiOn of SeciionT177 ofjtiis. : ·. \: :: :: ", 

### . ..**-~:** .,·· ._.,._ 

### ·... code

... :. . .. . . . ,..... . .•. • '

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# . ,.: /
. 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 ·. · ..•...

. · ofthe idling limitations rule. Tris is being recommended .as**<~riother** 

### W<IY 

## to curb


## ...

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### . , ... 

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### '.···

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### .. · eniissionsfroin

..unn'ece.·ssary idling.• · 

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### :, .**~** 

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### . . .' " ' ' 

# : ' 

### . . ' ' ' 

### Thank'you forthis opport(Jnity to comment:.We lopkforward 

### tp a .continued partnership with the · 

## i: · :
· TCEQ as we work_together towardsthe cOniIT)

### on goal 

### of cleanerair.. ShptMyou have any··. · •· ··, · · · questions, piease contact.Arnanda Brimmerat 

### (617)**606-23.~4** 

### or bririinier nctco ;or : • ' ' ·· . , ... •·•

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..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 throughoutTexas 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 thatthis rulemaking can be finalized before the hot summer nights are upon the state. Thank you for yourtime and consideration ofthis important issue. ,- ·'

..



### .., '. 

### OKLAHOMA TANK 

## LiNES ·. ·' ·

# ... · UNTIED 

### 'PETROLEUM·TRANSPORTS· 

# .. '·.· .. 

### ,. l!_l_:-_ . '·'•-·

:-:,•·

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### .. ·•,: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 ofTexas. We are proud to serve the petroleum refining, marketing and chemical manufacturers and distributorsthroughout 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 thatthis rulemaking can be finalized before the hot summer nights are upon the state. Thank you foryourtime and consideration ofthis important issue.
Respectfully, OKLAHOMA TANK UNES UNITED PETROLEUM TRANSPORTS

# If!~~ Matthew Price· · Interim COOMarch 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 hotsummer nights are upon the state. Thank you foryourtime and consideration ofthis 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 throughoutTexas 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 foryour time and consideration ofthis 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. Thankyou. 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 ofLegal Services ATTN: Mt Michael Pomall MC 205 

### POBox 13087 Austin; TX 78711-3087 FAX: [5 !2] 

### 239-4808 

### RE: 

## Rule Project Number2009-054--114-EN PAGE 01/61 

### PAPPASITO'S CANTINA PAPPAS GRILLSTEAKHOUSE PAPPADEAUXSEAFOOD KITCHEN PAPPAS SEAFOOD HOUSE 

### March 

### 9, 2010 

# W-87

Exemption ofmotor vehicle idlingfor heating or alr-eonditioning for sleeping blrlbs. 

### Dear Sin;: Pappas urges that this rulemakingbe fittalized before the bot summer nights are upon the state. Pappas Restaurants, 

### Inc operates as an USDOT intra-state 

# earner for the transport ofits own fresh sea food, other refrigerated food products, 

### and freigb.t .from 

### its Houston Distribmion Cc:nl:el: to ourrestaurants in Austin, SanAntonio, and Dallas. The round-trip mileage aJld delivery time practicalities prohibit making these deliveriesandretum in a sillglcday, according to USDOT f.[

### ours-of-Servicework-daylimitations. The limitations ofFcdetally-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 arepowered 

### by idling the Truck Tractor engine. 

### 'I'b2 California Air Resources Board 

### has determined that the NOx emissions ofthe primary engine is equivalent to themost prevalenttypes ofawdliazyidle reductiontechnology alternatives usedtoday. The distnbution of 

### fresh seafood is one of the 

### key factors to Pappas' success, 

### and its continuingability to employ ofl0,000 Texansto bring qualityto thecitizen ofour state. Finalizing this rule 

### ma1dng will continue to demonstrate Texas' balanced approach to practical solutions forthe cl=-air and commerce needs ofthe state. Thankyou for your consideration in. this matter.

# ~inr~t6'**~** 

# ,() , /N'df:ifu i

# ~

GeneralManager 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 ourjobs, 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 Boothby, 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 ofthe 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 

### effortto 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, ifthey attemptto 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 ofthese 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\4D773F3BTNRDOM20EPAAPOI0016E7479167
... 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 ofthese 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\4D773F3BTNRDOM20EPAAP010016E7479167
... 3/9/201103/05/2011 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 ofTexas 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 ofour trucks in scorching heat in the summer months. We unload the product using a moffit (fork lift) 

### offof 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 ofthe 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 ifthey 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 thatyou could find.



### fi1e://C:\WINDOWS\ Ternp\XPgrpwise\4D78A5BFTNRDOM20EP AAPO10016E747916... 3/10/2011From: 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 StreetAddress: 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 BrewerFrom: 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. Ifthere 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 BrewerTo: +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



## COVERMESSAGE 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 ofyour 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\4D78A662TNRDOM20EPAAP010016E7479168... 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 AAPOI0016E7479168... 3/10/20II

### 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. Agentfor Wheaton InterstateMoving 

# W-97

This letter is in support ofthe proposed changes byTCEQ to retain the exemption for heating or air conditioning for a tractorwhile 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 notfeel this is possible ifthey are too hot or too cold. Although we**dorecogni~e ~hat**  

### the environment is affected by idling we believe thatwellrested drivers contribute to safer driving. Also, we do not believe that withthe high cost offuel they will idle their engines any more than absolutely necessary. We strongly support the proposed changes. They are needed and we trustthat the changes will be made. Queen Moving 

## & Storage Co.

# e:~3~.· Charles B.

# Boydstun,~ '
. . '· 

# W!J1111111n WORLD WIDE MOVING 

# m moveyaurlifo"

620WEST6TH ST 

### I HOUSTON,TX 

### I 77007·2422 phone 713 223 8166 I toll free 800.653 7928 1fax· 713 868.4246 www.queenmoving.comFrom: 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 gettheir rest. DOES IT MAKE ANY SENSE TO PENAUZE THE DRIVERS?! Ifyou 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 offuel 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 ofTexas

...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 ATRUCK WHEN THE DRIVER IS IN THE SLEEPER BIRTH! Thank you for your time. Regards, Ron Coultas



### file://C:\WINDOWS\Temp\XPgrpwise\4D78DBDBTNRDOM20EPAAP010016E747916

... 3110/2011From: 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 ofLegal 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 onTexas roads and highways. 

### All ofthe 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 ofthe 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\4D78DBC7TNRDOM20EPAAPO10016E747916... 3/10/2011

## Mar. 9. 2011 !0:34AM Skinner Transportation 

## No. 5039 P. 2

MR. Michael Parrish MC205 Office ofLegal Services 

# Sti

Skinner Transportation, l'nc. "Wh6rtr &rc;;iceHegill$"' Au.r.in.**~** Cli.{hJn. •NewBroun.fel.t ..**Sa~ti:n.aw**



### Texas Commission on Environmental Quality Post Office Box 13087 Austin, Texas 78711-3086 Mr. Parrish: SkinnerTransportation 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 ofequipment which are all sleeper-equipped.These units travel both on an Intrastate and Interstate basis thoughtthe entire State ofTexas. Whllewe do not condone idling as a general rule, we do support Idling when our drivers are required to have mandated rest periods. We wantthem to have a comfortable sleeping environmentto provide saferdriving by beingwell rested and protectthetraveling public by ,being alert. We wantedto voice oursupportfor enforcement year round for idling for heating orair conditioningfor mandated rest periods and notfor otherpurposes. We will greatly appreciate your consideration ofproviding thisexemption. 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 twentyyears thoughtthe state of Texas, the continental United States and Canada. We operate morethan Seventy Five units of equipment which are all sleeper-equipped. These unitstravel both on an Intrastate and Interstate basis thoughtthe 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 wantthem to have 

### a comfortable sleeping environment

### to provide safer driving by being well·rested and protectthe traveling public by being alert. We wanted to voice oursupport for enforcement year round for idlingfor heating or air conditioningfor mandated rest periods and notfor other purposes. We will greatly appreciate your consideration ofprovidingthis exemption. Sincerelyyours

# ,~A,?--- Steve Skinner, Owner& CEO President03/07/2011 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



### Respectley, 

### Steve Skinner Skinner Transportation Inc.

## Mar. 9. 

## 2011 8:37AM Skinner Transportation 

## No. 5032 P. 3

MR. Michael Parrish MC205 Office ofLeg;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: SkinnerTransportation Inc. has operated for more than twentyyears thoughtthe state.of Texas, the continental United States and Canada. 

# W-106

We operate more than Seventy Five units ofequipmentwhich are all sleeper.:equlpped.These units travel both on an intrastate and Interstate basis thoughtthe entireState ofTexas. While we do not condone Idling as a general rule, we do support Idling when our drivers are required to have mandated restperiods. We wantthem to have a comfortable sleeping environment to provide safer drivingby being well rested and protectthe traveling public by being alert. We wantedto voice our supportfor enforcementyearround for idlingfor heating or air conditioningfor mandated rest periods and notfor otherpurposes. Wewill greatly appreciate your consideration ofprovidingthis exemption.

# ,_._/~/d 

# ..-·--···-'-----·**Sincere!~.:.~~~~ ~**  .



# --**~co:~** 

# .**--~-·** W•lhs Skinner Executive Vice President

Post O{f.::r. &JX28660, 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.** I03/07/2011 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

MC205, 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 ourtruck engines; however, we do not want sleepy and tired drivers on the road. Rest In sleeper berthsto meet DOT regulations during hot and cold weather Is very difficult. We need to Idle ourtruck engines to provide sleeper berth rest forourdrivers during the 

### hotsummerdays we are approaching.

RespectiVely,

# ~~r Sterling's 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 ofthe 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\4D78A718TNRDOM20EPAAPOl0016E7479168... 3/10/2011From: 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 ofwork 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-EN 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 ofthe 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 ofTexas. 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\4D78FOE8TNRDOM20EPAAPO1 0016E7479169... 3/10/2011

### March 4, 2011


## Mr. Michael Parrish MC 205, Office ofLegal Services Texas Commission onEnvironmental 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} 474-6494fax 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 ofthese 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(alertruck 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 theirrest.. · · Thank youfor your assistance in this matter. Respectfully submitted, 

# z:-- c::::- . <::_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 morethan thirty 

## seven years throughoutthe State

## ofTexas, the.Continental United States and Canada. We operate morethan sixty 

## units ofequipment and approximately eighty-five percent ofthem are sleeper-equipped. These unitstravel both on an Intrastate and Interstate basis throughoutthe entire State 

## ofTexas. Whilewe do notcondone idling

# as: a general rule, we do support idling when our drivers are required to 

## have mandated rest periods. We wantthem to 

## have a comfortable sleeping environmentto 

## provide-' saferdriving by being well rested 

## and p1otec.t thetraveling public by 

## being alert. We wanted tovoice oursupportfor enforcementyear round for idling for heating orair conditioning for mandated rest periods and notfor other purposes. We wiH greatly appreciate your consideration of providing this exemption.**Sln~ly** 

## yours

# ~~L~ a'ill 

## 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 STx 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 AAPOI0016E747916... 3/10/20II

## 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 

### ofTexas), 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 notonly 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 

### offtheir utilities and employees are not required to turn 

### offutilities 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\4D78A564TNRDOM20EPAAPOI0016E7479168... 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 0016E7479167E... 3/9/2011From: 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 ofthe 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 driverwho 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. TheseFrom: 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

# TurnerBros., LLC

Michael Parrish MC205 Office ofLegal 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 ofour 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 ofspecialized equipment to deliver customized solutions to satisfY specific requirements. We primarily serve the maintenance and routine operating needs ofthe 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 GulfCoast Energy Corridor and have drivers that operate in Texas. Our company is in support ofthe proposed rulemaking changes for truck idling. While on the road, our drivers need well rested sleep when complying with federal mandated rest periods. Byhaving 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. Vemon 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 ofLegal 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 ProjectNumber 2009-054-114-EN Dear Mr. Parrish: 

# W-123

Thank you for the opportunityto comment onproposed revisions to the Locally Enforced Motor Vehicle Idling Limitations found at 30 TAC Chapter 114, Control ofAirPollution From Motor Vehicles. The Texas Commission onEnvironmental Quality (TCEQ) has proposed a revisionto subsection (a) of§ 114.512 

## (Control Requirementsfor Motor Vehicle Idling) thatwould extend the enforcement period ofthe prohibition on drivers to 

### allowthe primary propulsion engine ofa motorvehicle to idle for 

# . . 

### more than five consecutive minutes when the motorvehicle is notinmotion, from the currentApril I to October 31 period to year-round enforcement. We supportthis revision because there have been occasions inthe State ofTexas where the daily maximumeight-hour ozone average outside ofthe 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 helpprovide additional protectionfrom exposure to moderate ozone levels tothe populations oflocaljurisdictions inTexas where the motorvehicle idling limitations are enforced, and would therefore strengthen the Texas SIP
..

· lheproposed revision that amends§ 114.512 by eliminating subsection (b)removes the prohibition for drivers using sleeperberthsto idle inresidential areas, school zones, within I,000 feet of a hospital, or within 1,000 feet ofa public school during operating hours. We understand that the removal ofthis prohibition is being proposed because this prohibition expired on September I, 2009. However, at the MotorVehicle Idling Stakeholder Group Meetings thattookplace inAustin and Arlington, Texas inApril 2010, TCEQ had considered extending the expiration date ofthe prohibition contained in section 114.512(b). 

### As this prohibition would help reduce the amount ofemissions from motor vehicle idling that sensitive groups such as childrenandhospital patients are exposedto, which would help strengthenthe SIP, we encourage youto reconsider extending this prohibition's deadline or to considerremoving 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 thisproposed new idling restriction exemptionis 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 amodel state idling law for states to adopt that would foster greater compliance through common understanding ofthe requirements and ease ofimplementation. The language included in the Model State Idling 

### Lawrepresents the majorityviews expressed by participants at stakeholder discussions thattook 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 ModelState Idling Law, 

### any revision to the SIP must also comply with section 110(1) ofthe Clean Air Act. It is not clearthat yearround reductions adequately offset potential emission increases that could occur on summer days when ozone levels will be higher. We recommend that atechnical analysis or modeling demonstration be provided to show that the proposed year-roUI1d enforcement ofthe motor vehicle idling limits would offset the emissions increases resulting :fromthe

.•·· 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 andnot withintwo miles ofa**{~!-.;.** 

### facility offering external heating or air conditioning. It appears that removing the expiration date and :. 

## ·;.''<· retaining this idlingrestriction exemption will allow an emissions increase over the approved Texas SIP. We wouldnot be able to approve this idling restriction exemption into the SIP unless you canprovide substitutereductions or modeling to show that attainment can be met without the credits affected bythis exemption. Region 6 continues to offer'Texas our support during the rulerevision process. Ple·ase fet 

### U.s· know how we may be offurther assistance. Sincerely yours,

Guy Donaldson Chief Air

### Planning SectionFrom: 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 ofthe 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 Boothby, 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\4D78A57BTNRDOM20EPAAPOI0016£747916... 3/10/2011

## Kathe Boothby- Fwd: 2009-054-114-EN

From: To: Date: Joyce Spencer Boothby, 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 ofthe 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 ofI



# 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... 3/10/2011From: 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 ideI 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.

### ;:ptf4/2011j 

### 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-128Michael Parrish MC205 Office ofLegal 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 entireUnited Stateswith service into Mexico and Canada. Although we are headquartered in Omaha, NE, we operate three terminals intheStateofTexas and employee many drivers who reside inthe state. We are a member ofthe Texas MotorTransportationAssociation. We arewriting to supportthe proposed rulemaking dealing with the idling oftrucks when necessary to allowdrivers to obtain adequaterest as requiredbylaw. Duringthepast fouryears our companyhas taken manysteps and made significant expenditures to reduce ourimpact onthe environment. We have over4400 trucks in ourfleet equippedwith Auxiliary Power Units (APU) and another 1100 equippedwith in-cab heaters only. Additionally, all trucks purchasedwith 2007 andlaterengines meet the CARB and Smart Way standardsfor emissions withlowNOX idle technology and canlegallyidle 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 ofAPUs. Giventhe current cost ofdiesel fuel the savings is likely to be even greaterinthe future. At some point 

### in therelatively nearfuture, all ofourtrucks will be compliant and shouldbe allowed to idle, however, as we headinto the summermonths, some drivers will be operating vehicles with neither low NOX idle technology nor APUs andwill need to idle in orderto obtain a decent night's sleep. Driving is a seriousjob and adequate rest is essentialto fight the fatigue which is a true enemy ofhighway safety. In dealingwith this issue, we have fully explored and examined all other solutions to this problem. The nature ofourbusinessis such that many seemingly obvious solutions such as using motels sin!ply will not work. Our conclusion is thatAPUs and low NOX idle technologies are the onlyviable solutions. We thankyou for your attention to this seriousissue which affects not onlythe health ofour drivers but also highway safety.

# ~' 

# ' 0.L?

"chardS.Reiser

# /~ Vice President ofGovernment 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 ORALTESTIMONY

March 1, 2010

- 

### TCEQ Submittedby Les Findeisen, Texas MotorTransportation Bill Gill, CapitalArea Council ofGovernments (similartoW-26)

March 3, 2010

- 

### DFWTCEQ Submittedby David Hedgpeth, FFE Transportation Chris Klaus, North Central Texas Council ofGovernments

### 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 www.integrity-texas.com 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_ith 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 Integrity Legal Support Solutions www.integrity-texas.com 

## 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 Integrity Legal Support Solutions www.integrity-texas.com 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 Integrity Legal Support Solutions www.integrity-texas.com 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.)

Integrity Legal Support Solutions www.integrity-texas.com 

## 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 Integrity Legal Support Solutions Firm Registration No. 528 3100 West Slaughter Lane, Suite 101 Austin, Texas 78748 (512) 320-8690 (512) 320-8692 (Fax)

Integrity Legal Support Solutions www.integrity-texas.com 9

## - 1 - 

# Texas Commission onEnvironmentalQuality Public Hearing Registration Date: March 1, 2011 Time: 2:ooPM Rule ProjectNo.: 2009-054"114-EN ShortTitle: MotorVehicle Idling Rule Revision Location: Austin, Building E, Room 2018, atthecommission's central office locatedat 12100 Park35 Circle Concerning: Proposedrevisions to30TAC Chapter 114, §114.512 and §114.517; andtothe stateimplementationplan
Name and Phone No. or E-mail Address Representing Presenting Oral Testimony? (Please Print)

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### No

### 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, Integrity Legal Support Solutions www.integrity-texas.com 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 Integrity Legal Support Solutions www.integrity-texas.com 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 Integrity Legal Support Solutions www.integrity-texas.com 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 Integrity Legal Support Solutions www.integrity-texas.com 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 Integrity Legal Support Solutions www.integrity-texas.com 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 Integrity Legal Support Solutions www.integrity-texas.com 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 Integrity Legal Support Solutions www.integrity-texas.com 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 Integrity Legal Support Solutions www.integrity-texas.com 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 Integrity Legal Support Solutions www.integrity-texas.com 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, Integrity Legal Support Solutions www.integrity-texas.com 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) Integrity Legal Support Solutions www.integrity-texas.com 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

Integrity Legal Support Solutions www.integrity-texas.com 13

## - 1 - 

# Texas Commission onEnvironmentalQuality Public Hearing Registration Date: March 3, 2ou Time: 2:ooPM 

### Rule ProjectNo.: 2009-054-114-EN ShortTitle: MotorVehicle Idling Rule Revision Location: DFWTCEQ Region 4 

### Office, 2309 GravelRoad Concerning: Proposedrevisions to 30 TAC Chapter 114, §114.512 and §114.517; andtothe stateimplementationplan

Name and Phone No. or E-mail Address Representing Presenting Oral Testimony?

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# EVALUATION OF TESTIMONY

# Texas Commission onEnvironmental Quality InterofficeMemorandum To: 

### Commissioners 

### Date: July 1, 2011 

## Thru: Melissa Chao, Acting Chief Clerk MarkR. Vickery, P.G., Executive Director


## From: SusanaM. Hildebrand, P.E; ChiefEngineer[-&


### DocketNo.: 2010-0878-RUL 

### Subject: CommissionApproval for RulemakingAdoption Chapter 114, Control ofAir

### Pollutionfrom MotorVehicles MotorVehicle Idling Rule Revision Rule ProjectNo. 2009-054-114-EN 

## Backgroundandreason(s)fortherulemaking: TheNationalArmored CarAssociation (NACA) submitted a petition for rulemaking on May 22, 2008, requestingthatarmoredvehicles

## beaddedtothe currentlistofidling restriction exemptionsunder 30TexasAdministrative Code (TAC) §114.517. Staff

### received approvalfrom thecommission onJuly9, 2008,tomove forward with initiating rulemaking regardingthe armoredcarpetition. Action on a proposal was deferred follo\\oing a stakeholder meetingheldonOctober 6, 2008, 

## inanticipation ofpotential legislative changesfrom the 81StTexas Legislature, 2009, Regular Session. However, no legislationrelating to motorvehicle idlingwas enactedbythe 81stTexas Legislature. The adoptedrulemaking

## \\ill addressthe NACApetition anddelete the ozone season dates under §114.512 for consistentenforcementyear-round. In addition, the adopted**tcle>z.;~;;will** 

### remove §114.512(b) andthe expiration dates 

## in§114.517,**w-:x.~::.** 

### were establishedby House Bill (HB) 1540, 79thTexas Legislature, 2005, Regular Session, and extendedto September 1, 2009,bySenate JJill (SB) 12,-SothTexasLegislature, 2007, Regular Session, becausethey arenolongervalid. The adoptedrulemakingwill also remove §114.517(2), whichprovides a duplicative exemptionfor all vehicles withgross vehicle weightrating of 14,000pounds orless. 

## Scopeoftherulemaking: The adoptedrule revision

## will amendChapter 114, SubcllapterJ, as follows: • amend §114.512 toremove the enforeementperiodofApri11 through October 31 of eachcalendaryear

## insubsection (a)to allow enforcementyear-roundandto remove theprohibition for drivers using sleeper

## berths toidleinresidential areas, school zories, andnearhospitals andthe expirationdate in subsection (b) becauseit has expired; and • amend §114.517to removetheduplicative exemptionfor a motorvehiclethat

## has a grossvehicle weightratingof 14,000pounds orless

## inparagraph (2) andreplaceit \\oith exemptionlanguage for armoredvehicles; andto retaintheexemption 

## in paragraph (12) 

### for a motorvehicle whenidlingfor heatingorair 

### conditioningwhile a driver is usingthevehicle's sleeperberthfor a government-mandated rest

### period

### Commissioners Page2 July 1, 

### 2011 Re: 

### Docket No. 2010-0878-RUL
andnotwithintwo miles ofa facility offering 

## external heating orconditioning, whichexpired on September 1, 2009. Theamended sections willbe submittedtotheUnited States EnvironmentalProtection Agency (EPA) as a revisiontothe stateimplementationplan (SIP). A.) 

## Summaryofwhatthe rulemakingwilldo: Theadoptedrulemakingwill allowenforcementyear-round; removetheexpired prohibitionfor drivers using sleeperberthsto idle 

## inresidential areas,school zones, and nearhospitals; andremove expiration datesthatarenolonger applicable. Additionally, the adoptedrulemakingwillremovethe duplicative exemptionfor a motorvehicle that

## has a grossvehicle weight rating of 14,000pounds orless andreplaceitwitha newexemption for armoredvehicles; andretainthe exemptionfor a motorvehiclewhenidling forheating orair 

### conditioningwhile a driver is usingthevehicle's sleeperberthfor a governmentmandatedrestperiodandnotwithintwo miles ofa facility offering externalheating or conditioning, which expiredon September 1, 2009. 

### B.) 

## Scoperequiredbyfederalregulations orstatestatutes: None. 

## C.) Additional

## staffrecommendationsthatarenotrequiredbyfederal ruleor statestatute: Retaining the exemptionin §1:14.517(12) is notrequiredbythe state statute;however, staff recommendsreinstating theexpiredexemption for safetyconsiderations. 

## Statutoryauthority: This rulemaking

## willbeadoptedundertheauthority of

### Texas Government Code, §2001.021, Petitionfor theAdoption ofRules, which authorizes aninterestedpersonto petition a state agencyfor the adoption ofa rule. The amendmentsare adoptedunder TexasWaterCode (TWC), §5.102, General Powers, TWC, §5.103, Rules, andTWC, §5.105, General Policy, which provide thecommissionwiththegeneral powers to carryoutits duties andauthorizethecommissionto adoptrules necessaryto carry

### outitspowersand duties undertheTWC; andTWC, §5.013, Gen.eral Jurisdiction ofCommission, which states thecommission's authorityovervarious statutoryprograms. The amendments arealso adoptedunderTexas HealthandSafetyCode (THSC), §382.017, Rules, which 

### authorizes the commissionto adoptrulesconsistentwiththepolicyandpurposesofTHSC, Chapter 382 (theTexas CleanAir

## Act), andtoadoptrules thatdifferentiate amongparticular conditions, particularsources, andparticularareas of

### the state. The amendments arealso adoptedunder

## THSC; §382.002, Policy andPurpose, whichestablishes the commission's purposeto safeguardthe state's airresources, consistentwith

### theprotectionofpublic health, generalwelfare, andphysical property;THSC, §382.011, General Powers 

## and Duties, whichauthorizesthecommission

## to controlthe qualityofthestate'sair; THSC, §382.012, State

## AirControl Plan, which authorizes thecommissiontoprepareanddevelop

### Commissioners Page3 July 1, 

### 2011 Re: DocketNo. 2010-0878-RUL

a general, comprehensiveplanforthe control ofthe state's air; TiiSC, §382.019, Methods Usedto Control andReduce Emissions From LandVehicles, which providesthe

. commissiontheauthorityto adopt rules to control andreduce emissionsfrom engines



## usedtopropel Iandvehicles; andTHSC, §382.208, which authorizesthecommissionto develop andimplementtransportationprograms andothermeasures necessaryto demonstrate attainment andprotectthepublic from exposuretohazardous air 

### contaminantsfrom motorvehicles

.. The adopted amendments implementTHSC, §§382.011, 382.012, 382.019, and 382.208. 

## Effectonthe: A.) 

## Regulatedcommunity: Local

### jurisdictionsthathave signed a Memorandum ofAgreement (MOA) with theTexas Commission onEnvironmental Quality (TCEQ) toimplementandenforcetheidling restrictions

## willhavetoaddarmoredvehiclestotheirlistofvehicles exemptfrom idling restrictions, andthevehicle operators inlocaljurisdictionswith an MOAwHl needto complywiththe restrictionsyear-round. There

## will be 

### no

## fiscal impacts cin theregulated community. 

## B.) Public: The adoptedrulerevisions

## will nothave an adverse effect onthe public. There

## will be 

### no 

## fiscal impacts onthe public. C.) 

## Agencyprograms: There is no anticipatedeffect onanyagency programbyimplementingthe adoptedrule revisions. Therewill be 

### no fiscal 

### impacts onthe agency. 

## Stakeholdermeetings: StakeholdermeetingswereheldinArlingtonandAustin inApril2010. The stakeholder meetings were open participation. 

## Publiceomment: ·The commission heldpublichearingsonthe proposal in

### Austin onMarch 1, 2011, andin FortWorth onMarch 3, 2011. Oral commentsregarding Chapter 114 were presentedby' the CapitalAreaCouncil 

## ofGovernments (CAPCOG), FFETransportation,the North Central Texas Council ofGovernments (NCTCOG), andtheTexas MotorTransportation Association (TMTA). Thepubliccommentperiodwas from February 11, 2011, to March 11, 2011. The commission receivedmitten 

### commentsfrom ABetterTrippMoving and Storage Co.Inc., Acme TruckLine, Ahrens Bros. Trucking (HPI), Alamo Relocation &Storage, Inc., 

## All Ways Trucking,AllTrans MedicalSolutions,ARB Transport,AverittExpress, B&D Owens Co., B.I.B. Trucking, Baldwin Distribution Services, Ltd, 

### BammExpress Transport

### Commissioners Page4 July 1, 2011 Re: DocketNo. 2010-0878-RUL LLC, BigFoots HotshotTransport, Bobby Lehmann, Inc., BPI, Brookshire Grocery Co., C. Lawless Trucking, LLC, Canal Cartage Company, CapitalTexas CleanAir Coalition (CAC), Cargil 

### MeatLogistics Solutions, Celanon, Charlie Slusser's HaulingService, Creekside Nursery, Crete Carrier, CRST, C-T Trucking, CullenTrucking, CityofDallas, DartTransit, Dist-Tech, DorseyTrans, E.L. Farmer & 

### Company, EPA, Excargo Services, FikesTruck Line, Fremont ContractCarriers, Gandy & 

### Son's Inc., Glenn BroussardTrucking, Guy 

### M. Turner, H & 

### H Logistical Services, Hirschfield Transportation, HotShotExpress, Housley Communication, Inc., Hyden Highway Hauling LLC, JohnsrudTransport, Inc., Klaus LeinenbachTrucking, Ladybug Freight, Landstar, Lanstar, MayberryExpress, McClatchy Bros., Inc., MLC LLC, MorseTrucking, NaborsWell Services, NCTCOG, Oklalloma Tank Lines, OOIDA, PanelTruss, Pappas Restaurants, ParkwayTransport, Inc., PayanExpress TransportationServices, Inc., PhaganExpress ofTexas, Phil BrewerTrucking, Phil Brewer Trucking, Pressinon, Inc., QueenMoving & 

### Storage Co., Randy BundyTrucking, RCL Trucking, Reed's Sand & 

### Gravel LLC, 

### RefrigeratedTransport, Inc., 

## Rex Long Transport Co., SkinnerTransportationInc., SkinnerTransportationInc., SpecializedTransport Service, Inc. akaSTS Heavy Hauling, Star

### FleetTrucking, Sterling'sVacuum Service, StevensVan Lines, Inc., SwiftTransportation, Texas Hot Oilers, Inc., TMTA, 

### Texas Moving Co., Inc.,TomTaylor Trucking,Transwood, Inc.,

## TriDal, Ltd, TurnerBros. LLC, Two Ts Trucking, USATruckInc., USFW, W. M. Dewey & 

### Son, Inc., WernerEnterprises, Inc., and 31 individuals. Significant public comments are summarizedasfollows. 

### General Comments Multiple com.menters opposedidlingrestrictionsbasedonthe numerousrules already placed on truckdrivers, the economicconsequences ofthisrule and askedthe commission toconsiderthe cause andeffectofthe commission's decision, includinglong-term consequences. 

### No changes weremade in response to this comment. §114.512, ControlRequirements forMotor Vehicle Idling The CAC, the EPA, andthe NCTCOG suggestedthatthecommission shouldretainthe prohibition for drivers using sleeperberthstoidle in a school zone,

### within 1,000 feet ofa hospital, orwithin 1,000feet ofa public school duringitshours ofoperationto

### helpreduce the amount ofemissionsfrom idlinginthese sensitive areas. 

### If thesleeperberth exemption isreinstated, thehealth ofpersonsinthese areas mustcontinueto'beprotected. 

### Nf! changesweremade 

## in response to this comment. §114.517, Exemptions The CAC commentedthatitdoes not supportadoption ofthe sleeperberthexemption, because it

## will maketheruledifficult to enforce, diminishincentivesfor installation ofidle reduction measures, anddiscouragejurisdictionsfrom participationinthe MOA. The CAC commentedthatretainingtheexemptionisnotconsistentwith

### thelegislativeintentto 

### allowthe exemptionto expire. The CAC recommendedthatthe sleeperberthexemption shouldbelimited 

### ifthecommission adoptstheexemption such as, prohibit sleeperberth idlingin sensitive areas; to restrictheavy-dutyvehicles only; allowtheexemptionfor no longerthana two-year period; ormodifythe geographic applicabilitytonoidling

### within 30

### Commissioners Pages 

### July 1, 2011 

### Re: Docket No. 2010-0878-RUL
miles ofafacility offering externalheatingorair

### conditioning. The CAC suggestedthatthe commission shouldfocus onwhatmodifications would maketherule moreeffective at reducing emissionsfrom idling, ratherthantrying

### to discern thelegislature's intentin expiredstatutes. 

## No changes weremadein 

## response to this comment. TheEPA commentedthatitwouldnotbe ableto approvetheproposedidling restriction sleeperberth exemption inthe SIP unless thecommission canprovide substitute reductions ormodeling to showthat attainmentcanbemetwithoutthe credits 

## affectedby the exemption. 

## In response to theEPA's comments, the §no(I) 

## demonstration of the adoptionpreamblewas updated to show that retaining the sleeper berth exemptionwill notinterfere with attainmentor reasonable furtherprogress in 

## the SIP. Manycommentersexpressed concern abouttheabilityoftruckersto getadequatequality sleep withoutusing air

### conditioning orheatingthatwouldrequireidling duringrest periods. 

## No changes weremadein 

## response to this comment. Outside theScope The CAC andtheNCfCOG suggestedthatthe commission take actiontopermitTexas Emissions Reduction Planfundingfor idle reductiontechnologyindependenttowhether idling 

## occurswithin a localjurisdictionthathas adoptedidlingrules. 

## No changes were madein

## response to this comment. The CAC suggestedthe commission

## make the effective date ofanyrulechange attheendof thecurrentozone seasonto avoid anydisruptiontoimplementation oftheexistingrulesin thisozoneseason. 

## No changes were madein 

## response to this comment. Significantchangesfrom proposal: There areno changes from proposal. 

## Potentialcontroversialconcerns andlegislative

## interest: TheTMTA expressed concernsto the TCEQ Intergovernmental Relations staffregarding the expiration dates in §114.512 and §114.517 thatwere notextended bythe 81stTexas Legislature, 2009, 

### Regular Session. The TMTAfelt thattheexpirationdateofthe exemptionin §114.517 obligatesthe operatorsofmotorvehicles with sleeperberthstonow adheretotheidlingrule. 

## Iftheexemption remainsexpired, theTMTAwas concernedthat motorve!Iicle drivers with sleeperberthswill be prohibitedfrom idlinglongerthanfive minutesduringtheirfederal government-mandatedrestperiodinlocaljurisdictionsthat have signed anMOAwith theTCEQ to implementvehicle idlingrestrictions. Duringthe stakeholderinformal commentperiod, the EPA, the NCfCOG, andtheCAC Advisory Committee expressed concernswithproposedrevisions to 

### §114.517. The revisionsto §114.517(12), would

## retain the exemptionthat applies tomotorve!Iicles when idlingis necessarytopower aheater orair conditionerwhile the driveris usingthe vehicle's sleeperberthfor a government-mandatedrestperiod andis 

### notwithin two

### miles

### Commissioners Page6 July 1, 

### 2011 Re: 

## Docket No. 2010-0878-RUL
ofa facility offering externalheating and air 

### conditioningconnections atatimewhenthose connections are available. TheEPA indicatedthat

## iftheTexas Legislaturewere totake action to retain

## this exemption,theEPAwouldunderstandwhytheTCEQ would adopt thesechanges. However, theEPA would notbeableto approvethese changesinthe SIP becauseretaining

## this exemption wouldweakentheSIP, unlesstheTCEQ could provide substitutereductions ormodelingto showthatattainmentcanbemetwithout these credits. Inregardto theEPA's comment, onAprilg, 2010, the EPA publishedits approval ofrevisions to 

### the SIPregardingtheidlingrulethattheTCEQ submittedonFebruary28, 2008 (75 

## FederalRegister 18061). Inthis approval, the 

### EPA didnot address

## the previous revisions to §114.512(b) prohibitingidling ofa vehicle within a school zone orwithin 1,000 feetofa publicschool duringoperatinghours and§114.517(12) exemptingtheidling ofthe primarypropulsion**e~gine** 

### ofa vehicle toprovide air 

### conditioningwhenpowering an

### air conditionerinthevehicle's sleeperberth for a government-mandatedrestperiod, because theseprovisions oftherulehadalreadyexpired. TheEPA also expressedconcern 

### withthe rule revisionstoadd a newexemptionthat applies to 

### armoredvehicleswhenidling is necessarywhile an employeeremainsinsidethe vehicle to 

## guard thecontentsorwhile thevehicle is beingloadedorunloaded. TheEPA believes thataddingthisnewexemptionwouldweaken themotorvehicle idlingrulesthat were approvedinthe SIP andstateditwouldnotbeable

## to approve

## this revision in

### theSIP unlesssubstitutereductionsormodelingwere provided to showthatattainmentcanbe metwithoutthose credits. However, theEPA's Model StateIdlingLawguidance specifically exempts armoredvehicles when a personremainsinsidethevehicle

## toguard thecontentsorwhilethevehicle is beingloadedorunloaded. 

## Does

## this rulemakingaffectanycurrentpoliciesorrequiredevelopmentof newpolicies? Nopolicies are affected by

### this adoptedrulemaking. 

## Whataretheconsequences if

## this rulemakingdoesnotgo

## forward? Are

## there**&ternativesrorulemwo~** 

## · Armored vehicles

## will notbeaddedtothe exemptionlistand operators ofmotorvehicles with sleeperberths

## will notbeallowedtoidleduringthegovernment-mandatedrestperiod in

## areasthathave signedan MOA withtheTCEQ toenforcetheidlingrules. Also, the idlingrestrictionswouldonlybeenforceable duringtheperiodofApril1through October 

### 31 

## each calendaryear. Alternativestotheadoptedrulemaking couldbeoneoranycombination ofthefollowing modifications to §114.512 

## and §114-517: • add armoredvehiclesto

## the listofidling restriction exemptionsin §114-51{> • allow

## the prohibition onidling in

### residential area$, school zones, ornearhospitals 

### with a fine

### of$soo

### peroffense,whichexpiredonSeptember1. 

### 20o9,toremainin §114-512;

### Commissioners Page7 July 1, 2011 Re: Docket No. 2010-0878-RUL

• allowthe exemptionfor a motorvehicle when idlingfor heating or airconditioning while a driver

## is usingthevehicle's sleeperberthfor a government-mandated rest 

### periodandnotwithintwo miles ofafacility offeringexternal heatingor conditioning, which expired on September 1, 2009, to remain in §114.517; or • remove provisionsin §114.512 and §114.517 thathave expired and

## are nolonger applicable. Failureto addressthe expiredexemptionin §114.517 will

### restrict operatorsofmotor vehicles with sleeperberthsfrom idling duringtheirgovernment-mandatedrestperiodin areasthathave signedan MOAwiththeTCEQ toenforcetheidling

## rule$. Key

## pointsinthe adoptionrulemakingschedule: TexasRegisterproposalpublication date: February 11, 2011 

## Anticipated 

## TexasRegisterpublicationdate:August 5, 2011 

## Anticipated effective date: August 11, 2011 

## Six-month 

## TexasRegisterfiling deadline:August 11, 2011 Agencycontacts: Nina Castillo, Rule ProjectManager, 239-4415, Air QualityDivision Ross Henderson, StaffAttorney, 239-6257 MichaelParrish,Texas Register Coordinator, 239-2548 

## Attachments SB 12, 8othTexas Legislature, 2007, Regular Session HB 1540, 79thTexas Legislature, 2005, Regular Session NationalAmloredCarAssociation Petition Decision ofthe Commission Regarding theNationalAmloredCar

### Association Petition
cc: ChiefClerk, 2 copies Executive Director's Office SusanaM. Hildebrand, P.E. Anneldsal Curtis Seaton AshleyMorgan Office ofGeneral Counsel Nina Castillo Michael Parrish

## EVALUATION OFTESTIMONY



## TheTexas Commission on Environmental Quality (TCEQ or commission) adopts the amendmentsto §114.512 and §114.517 

## withoutchange totheproposedtext as published inthe February 11, 2011, issue ofthe 

## Texas Register (36 TexReg 707). The textwill not be republished.

The amended sections will be submittedtothe United States Environmental Protection Agency (EPA) as revisions tothe stateimplementationplan (SIP).


## BackgroundandSummaryofthe Factual BasisfortheAdopted Rules Chapter 114, SubchapterJ, Division 2, Locally Enforced MotorVehicle Idling Limitations, was adopted on November 17, 2004, attherequestofthelocal air quality planning organization intheAustin EarlyAction Compact (EAC) area (Bastrop, Caldwell, Hays, Travis, andWilliamson Counties) for use as a control strategyin its EAC agreementto maintain attainmentwiththe 1997 eight-hourozone NationalAmbientAir Quality Standard (NAAQS), as published inthe December 3, 2004, issue ofthe 

## Texas Register (29 TexReg 11347). The adopted idling limitationsrulesprovided all local governments the option ofapplying the rules when additional control measures are neededto achieve or maintain attainment ofthefederal1997 eight-hour ozone standards.

The concept ofan early, voluntary 1997 eight-hour air quality plan, also known as an EAC, was endorsedbythe EPA Region 6 inJune 2002. It

## was slightly modified and

1

## made available nationallyin November 2002.

## Akey point ofan EAC was the flexibility afforded areas to select emissionreduction measures, such as limitingvehicle idling. On August 1, 2005, 

## members oftheAustin EAC andthe commission signedthe locally enforced idling restrictions memorandum ofagreement (MOA). This MOA allowed participating counties and cities to enforcetheidling restriction ruleintheir jurisdictions. Members oftheAustin EAC area signingtheMOA includedthe counties of Bastrop, Caldwell, Hays, Travis, andWilliamson, andthe cities ofAustin, Bastrop, Georgetown, Hutto, Lockhart, Luling, Round Rock, and San Marcos. Idling restrictions
are also a commitmentfor theAustin-Round Rock 1997 Eight-Hour Ozone Flex Plan signed in September 2008.



### An 

## additional three counties, twenty cities, andtwo towns inthe Dallas-FortWorth (DFW) area have also signed agreements to enforce theidling restriction rule intheir jurisdictionsincluding the counties ofCollin, Kaufman, andTarrant; 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 ofLittle Elm and Westlake. Idling restrictions are a commitmentfor the DFW 1997 Eight-Hour Ozone Attainment Demonstration SIP revision adoptedMay 23, 2007, 

## as a VoluntaryMobile Emissions Reductions Program (VMEP).

This adopted rulemaking amendstherule onidlinglimits for gasoline and dieselpowered engines inmotorvehicles withinthejurisdiction ofany local governmentinthe state thathas signed anMOA withthe commission to delegate enforcementto thatlocal

2

## government. Local enforcementis crucial to the effective implementation ofrules to reduce the extended idling ofgasoline anddiesel-poweredheavy-duty vehicles andwill helpto ensurethe reduction ofnitrogen oxides (NOx) andvolatile organic compounds (VOC), whichis neededbylocal governments to achieve or maintain attainment ofthe NAAQS for ozone. These adopted idling restrictions will continueto lower NOx emissions and otherpollutants from fuel combustion. Because NOx is a precursorto ground-level ozone formation, reducedemissions ofNOx will resultinground-level
ozone reductions.

The adopted rulemaking amendsthe currentenforcement period ofApri11 through October 31 to allowlocal governments to enforce idling limits year-round. The enforcementdates were includedwhentherulewas originally adopted attherequest of thelocal airquality planning organization in theAustin EAC areafor use as a control strategy inits EAC agreementto maintain attainmentwith the 1997eight-hour ozone NAAQS. This rulemaking also providedlocal governments in other areas ofthe statethe option ofapplying these rules intheir areas when additional control measures are neededto achieve ormaintain attainment ofthe NAAQS for ozone inthefuture. When the rule was adopted in 2004,there were no federal regulations governing idle time for heavy-duty motorvehicles. Therefore, the state hadthe authorityto control motor vehicle idling. The requirements developedbythe commission for this NOx emissions reduction strategyresultedin restrictions onthetime 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 ofMotorVehicle While Using Sleeper Berth, which prohibitedthe commissionfrom restricting theidling ofa motor 3

## vehicle while a driveris usingthevehicle's sleeperberthfor a government-mandated rest period. HB 1540 also restricteddrivers using thevehicle's sleeperberthfrom idling in a school zone orwithin 1,000 feet ofa public school duringits hours ofoperation, and itdefined the penaltyfor an offense as a fine notto exceed $500. HB 1540 did not specify an enforcement period,butit set a September 1, 2007, expiration date onthe section. The commission adoptedtherevision onApril 26, 2006, tothelocally enforced motorvehicle idling rule as published intheMay 12, 2006, issue ofthe 

## Texas Register (31 TexReg 3900).

Inthe same rulemaking, the commission adopted revisions totheidling ruleto conform tolegislation passed in 2005. To be consistentwith HB 1540, §114.512 and §114.517 were amendedtoinclude §114.512(b) and §114.517(12) with a September 1, 2007, expiration date. InMay 2007, the 8oth Legislature, 2007, enacted Senate Bill (SB) 12, which in part amended THSC, §382.0191 to extendtheprohibition onthe commissionfrom adopting rules restricting certainidling activities from September 1, 2007, to September 1, 2009,
as published intheFebruary 15, 2008, issue ofthe 

## Texas Register (33 TexReg 1345). Local governments can enforce idling restrictions on drivers who were previously exempt under §114.517(12), because the exemption expiredon September 1, 2009. This adopted rulemaking removesthe September 1, 2009, expiration date from the relevant portions of§114.517 to continue the exemption. As 

## ofSeptember 1, 2009, theprohibition in §114.512(b) ofcertain vehicles from idlingwithin 1,000feet ofa school orhospital expired. Therefore, this subsection is deletedin the adopted rulemaking.
Duringthe rulemaking in 2007, toimplementthe requirements ofSB 12, the
4

## commission adopted §114.517(2), theintent ofwhich was 

## toprovide an exemptionfor all vehicles with gross vehicle weight rating of 14,000 pounds orless until September 1, 2009, andthereafter onlyto such vehicles that do nothave a sleeperberth. This adopted rulemaking amends §114.517(2) to remove the duplicative exemption for a motorvehicle thathas a grossvehicle weight rating of 14,000 pounds orless, after September 1, 2009.

The NationalArmoredCarAssociation submitteda petitionfor rulemaking on May 22, 2008, requestingthat armoredvehiclesbe addedtothe currentlist ofidling restriction exemptions under §114.517. Staffreceived approval from the commission onJuly9, 2008,to move forward withinitiating rulemaking regardingthe armoredvehicle petition; however, following a stakeholder meeting heldon October 6,_2008, action on a rulemakingproposal toimplementthe petitionwas deferredin anticipation ofpotential legislative changes from the 81st Legislature, 2009.This adoptedrulemaking addresses the armoredvehicle petitionby adding armoredvehicles tothe currentlist ofidling restriction exemptions under §114.517 tobe consistentwiththe EPA's Model State Idling Law guidance. According totheEPA's guidance, armoredvehicles are exempt when a personremains inside the vehicle to guardthe contents orwhile thevehicle 

## is being loadedorunloaded.

OnApril 9, 2010, the EPA published its approval ofrevisions to the SIP regardingthe idling rulethattheTCEQ submittedon February 28, 2008 (75 FR 18061). Inthat approval, the EPA didnot address theprevious revisions to §114.512(b) prohibiting idling ofa vehicle within a school zone orwithin 1,000feet ofa public school during operatinghours and §114.517(12) exempting the idling ofthe primarypropulsion engine 5

## ofa vehicle to provide air conditioning andheating for thevehicle's sleeperberthfor a government-mandated restperiod,because these provisions ofthe rule had already expired.

Federal CleanAirAct, §110(1) 

## Demonstration Some increases inemissions maybeexpected duetothe addition ofanidling exemption for armoredvehicles. However, the exemptionwill notinterferewith attainment or reasonable further progress in the SIP, because the adoptedyear-round enforcement will offset these relatively small increases. Extending the enforcement periodtoyearround enforcement should provide more emissions reductions inthemonthsthat are currently not subjectto enforcement. Thus, any potential increases resultingfrom an exemption for armoredvehicles shouldbeoffsetbythese reductions. Additionally, by authorizingthe enforcementtoyear-round, the statehopes to increase enforcement in the current ozone periodbyeliminating any drop offin enforcementthatmay occur due tothe seasonal nature ofthe ozone enforcementperiod. An 

## exemptionfor armored vehicles is necessaryfor the health and safety ofthe employees andthepublic.
Adding the armored car exemption andretaining the sleeperberth exemptionwill not interfere with attainment or reasonable further progress inthe SIP, becausethe DFW
area achieved an excess ofNOx andVOC emission reductionsthroughtheVMEP commitments. The excess emissions reductions achievedwas greater thanthe 0.12

## tons per day (tpd) NOx and 0.004tpdVOC emission reduction shortfall estimatedinthe North CentralTexas Council ofGovernments (NCTCOG) VMEP accounting for the Locally Enforced Idling Restrictions. Furthermore,the 0.86tpd NOx and 3.66tpdVOC 6

## excess emission reductions achieved for the overall VMEP, as estimated inthe NCTCOG's 

## VMEP accounting, were greaterthanthe emission reduction commitments for the Locally Enforced Idling Restrictions component ofthe VMEP.
Likewise, the amendments removing the expiredprohibitions against drivers using sleeperberths idling near residential areas, school zones, and nearhospitals will not resultinbacksliding. The prohibitions thathave expired were never adoptedintothe SIP. Therefore, removal ofthese expiredprovisions cannotresult inbacksliding. Additionally, as mentioned previously, even ifthe provisionswere partofthe SIP, there
are excess emissions achieved undertheVMEP programthathaveexceeded the emission reduction commitments.



## SectionbySection Discussion §114.512, ControlRequirements forMotor Vehicle Idling 

## The adoption amends §114.512 toremove the enforcement period ofApril1through October 31 ofeach calendaryearinsubsection (a) to allow enforcementyear-round. The adoption will also remove the prohibition for drivers using sleeperberthsto idle in residential areas, school zones, and nearhospitals andthe expirationdate in subsection (b)

## because ithas expired. Additionally, therevisions removethedesignation (a) for subsection (a) to conformtothe Texas Register

## formatting requirements.
§114.517, Exemptions 

## The adoption amends §114.517 toremove the exemption inparagraph (2) for a motor vehicle thathas a gross vehicle weight rating of 14,000 pounds orless, for consistency 7

## with otherrevisionsin thesection andto adda new exemption in paragraph (2) 

## for armoredvehicles to implementthepetition approvedbythe commission onJuly 9, 2008. 

## The adoption will also retain the exemption in paragraph (12), 

## which expired on September 1, 2009, 

## regarding idling for heating or air conditioningwhile a driver is usingthevehicle's sleeperberthfor a government-mandatedrest period andnotwithin two miles ofa facility offering external heating or air conditioning.



## Final Regulatory ImpactAnalysis Determination The commissionreviewed the adopted rulemaking inlight oftheregulatory analysis requirements ofTexas Government Code, §2001.0225 

## and determinedthatthe adopted rulemaking does not meetthe definition ofa "major environmental rule." Texas Government Code, §2001.0225 

## states that a "major environmental rule" is, "a rulethe specific intent ofwhich is toprotectthe environment orreduce risks tohumanhealth from environmental exposure andthat may adversely affect in a material waythe economy, a sectorofthe economy, productivity, competition,jobs, theenvironment, or thepublichealth andsafetyofthe state or a sector ofthestate." Furthermore, while the adopted rulemaking does not constitute a major environmentalrule, even ifit did, a regulatoryimpact analysis is notrequired, becausethe adopted rulemaking does not meet any ofthefour applicabilitycriteria for requiring a regulatoryimpact analysis for a major environmental rule. Texas Government Code, §2001.0225 

## applies onlyto a major environmental rulewhich, "(1) 

## exceeds a standardsetbyfederal law, unlessthe rule is specifically requiredby statelaw; (2) 

## exceeds an express requirement ofstatelaw, unless the rule is specifically requiredby federal law; (3) exceeds a requirement ofa delegation agreementor contractbetweenthe state and an agency or representative ofthefederal 8

## governmenttoimplement a state andfederal program; or (4) adopts a rule solely under the general powers ofthe agency instead ofunder a specific state law."

The adopted rulemaking implements requirements ofthe Federal Clean AirAct (FCAA). Under42 United States Code (USC), §7410, each state is requiredto adopt and implement a SIP containing adequate provisionstoimplement, attain, maintain, and enforce the NAAQS withinthe state. While 42 USC, §7410 generally does notrequire specific programs, methods, orreductions inorderto meetthe standard, SIPs must include "enforceable emissionlimitations and other control measures, means or techniques (including economic incentives such as fees, marketable permits, and auctions ofemissions rights), as well as schedules andtimetables for compliance as may be necessary or appropriate to meetthe applicable requirements ofthis chapter," (meaning 42 USC, Chapter 85, Air Pollution Prevention and Control, otherwise known
asthe FCAA). The provisions ofthe FCAA recognize that states are inthebestposition to determine what programs and controls are necessary or appropriate inorderto meet the NAAQS. This flexibility allows states, affected industry, andthepublicto collaborate
onthe bestmethods for attainingthe NAAQS for the specific regions inthe state. Even though the FCAA allows states to develop their ownprograms, this flexibility does not relieve a statefrom developing a program that meetsthe requirements of42 USC, §7410. States are not free to ignore the requirements of42 USC, §7410, and must develop programs and control measuresto assurethattheir SIPs provide for implementation, attainment, maintenance, and enforcement ofthe NAAQS withinthe state. Participationinthe idlingprogram is voluntary, and currentlyonlythelocal governments inthe Central Texas Area andthe North Central Texas Area have signed 9

## agreements to implement vehicle idling rules. The affected idling limitations rules provide all local governmentsthe option ofapplying the rules when additional control
measures are neededto achieve ormaintain attainment ofthefederal ozone standards.

The specific intent ofthe adopted rulemaking is to maketheidling enforcement period year-round; to removethe existing duplicative exemption for a motorvehicle thathas a grossvehicle weight rating of14,000 pounds orless; to exempt armoredvehicles from motorvehicle idling requirements; andto retainthe exemption ofidling for heating or air conditioning while a driver is using thevehicle's sleeperberthfor a governmentmandated rest period and notwithintwo miles ofa facility offering external heating or air conditioning, which expired on September 1, 2009.

Theadopted rulemaking does not constitute a major environmental rule underTexas Government Code, §2001.0225(g)(3) becausethe specific intent ofthe adopted rulemaking is toprotectthe environment orreduce risks tohumanhealthfrom environmental exposure, as discussedpreviously intheFISCAL NOTE, PUBLIC BENEFITS AND COSTS, SMALL BUSINESS REGULATORY FLEXIBILITYANALYSIS, andthe LOCAL EMPWYMENTIMPACT STATEMENT sections oftheproposal preamble as publishedintheFebruary 11, 2011, issue ofthe 

## TexasRegister (36 TexReg 707). The adopted rulemaking will not adversely affect in a material way the economy, a sector ofthe economy, productivity, competition, orjobs; norwill the adopted rulemaking adversely affect in a material way the environment orthepublic health and safetyofthe state or a sector ofthe state. The idling restrictions are applicable throughoutthe state, but are effective only in certain areas ofthe state where anMOA
10

## between the TCEQ and alocal governmentis in effect and only in certain defined areas withinthose limitedareas. The adopted rulemaking is not subjectto a regulatoryimpact analysis underTexas Government Code, §2001.0225, because itis not a major environmental rule.

While the adopted rulemaking does not constitute a major environmentallaw, even ifit did, it would notbe subjectto a regulatoryimpact analysis underTexas Government Code, §2001.0225. The requirement to provide a fiscal analysis ofregulations in the Texas Government Code was amendedby SB 633 during the 75th Legislature, 1997. The intentofSB 633 was torequire agencies to conduct a regulatoryimpact analysis of extraordinary rules. These are identifiedin the statutorylanguage as major environmental rulesthatwill have a material adverse impactandwill exceed a requirement ofstatelaw, federal law, ora delegated federal program; or are adopted solelyunderthe generalpowers oftheTCEQ. Withthe understandingthatthis requirement would seldom apply, the commissionprovided a cost estimate for SB 633 thatconcluded: ''basedon an assessment ofrules adoptedbythe agency in the past, itis not anticipatedthatthebill will have significantfiscal implications for the agency due to itslimited application." The commission also notedthatthe number ofrules that would require assessment underthe provisions ofthe bill was notlarge. This conclusion was 

## based, inpart, on the criteria setforth inthebill thatexemptedrules from the full analysis unless the rule was 

## a major environmentalrule thatexceeds a federal law.

The FCAA does not always require specificprograms, methods, or reductions in orderto meetthe NAAQS; thus, states mustdevelop programs for each nonattainment area to
11

## help ensure thatthose areaswill meetthe attainment deadlines. Because ofthe ongoing needto address nonattainmentissues and to meetthe requirements of42 USC, §7410, the commission routinelyproposes and adopts revisions to the SIP andrules. The legislature is presumed to understandthis federal scheme. If

## each rule adopted for inclusion in the SIP was consideredto be a major environmental rule thatexceeds federal law, then every revision to the SIP would require the full regulatory impact analysis contemplatedby SB 633. This conclusion is inconsistentwiththe conclusions reachedbythe commission in its cost estimate andbythe Legislative Budget Board (LBB) in its fiscal notes. Since the legislature is presumedto understandthefiscal impacts ofthebills itpasses andthatpresumption is based on information provided by state agencies andthe LBB, the commission believes thatthe intent ofSB 633 was only to require the full regulatory impact analysis for rules that are extraordinary in nature. While the rules have a broad impact, thatimpact is no greaterthanis necessary or appropriateto meetthe requirements ofthe FCAA. Forthese reasons, rules adopted for inclusion in the SIP fall underthe exception in Texas Government Code, §2001.0225(a), becausethey are requiredbyfederal law.

The commission has consistently appliedthis construction to its rules since this statute
was enacted in 1997. Since thattime, thelegislature has revised theTexas Government Code butleft this provision substantiallyunamended. It

## is presumedthat, "when an 

## agency interpretationis in effect atthetimethelegislature amends the laws without making substantial change in the statute, thelegislature is deemedtohave accepted the agency's interpretation." 

## CentralPower& 

## Light Co. v. Sharp, 919 S.W.2d 485, 489 (Tex. App. Austin 1995), 

## writdenied withpercuriam opinion respecting another issue, 12

## 960 S.W.2d 617 (Tex. 1997); 

## Bullockv. Marathon Oil Co., 798 S.W.2d 353, 357 (Tex. App. Austin 1990, no writ); 

## CfHumble Oil & 

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

## Dudney v. StateFarmMut.AutoIns. Co., 9 S.W.3d 884, 893 (Tex. App. Austin 2000);

## Southwestern LifeIns. Co. v. Montemayor, 24 S.W.3d 581 (Tex. App. Austin 2000,

## pet. denied); and 

## CoastalIndust. WaterAuth. v. Trinity Portland Cement Div., 563 S.W.2d 916 (Tex. 1978).

The commission's interpretation ofthe regulatory impact analysis requirements is also supportedby a change madetotheTexas Administrative Procedure Act (APA) by the legislature in 1999. In an attempttolimitthe number ofrule challengesbaseduponAPA requirements, thelegislature clarifiedthat state agencies are requiredto meetthese sections oftheAP A againstthe standardof"substantial compliance" as requiredin Texas Government Code, §2001.035· The legislature specifically identifiedTexas Government Code, §2001.0225 asfalling underthis standard. The commission has substantially compliedwiththerequirements ofTexas Government Code, §2001.0225.

Even ifthe adopted rulemaking constitutes a major environmental ruleunderTexas Government Code, §2001.0225(g)(3), a regulatoryimpact analysis is notrequired because this exemption is partofthe commission's SIPfor making progress towardthe attainment and maintenance ofthe NAAQS. Therefore, the adoptedrulemaking does not exceed a standard setby federal lawor exceed an express requirement ofstate law, since they arepartofan overall regulatory scheme designedto meet, not exceedthe relevant standard setby federal law- the NAAQS. The commission is chargedwithprotecting air qualitywithinthe state andto design and submita planto achieve attainment and 13

## maintenance ofthe federally mandated NAAQS. The Third District CourtofAppeals upheld this interpretationin

## Bramria County v. Texas Comm'n onEnvtl. Quality, 128 S.W. 3d 728 (Tex. App. -Austin 2004, no writ). The specific intent ofthe adopted rulemaking is to make the current idling enforcementperiodyear-round; to remove the existing duplicative exemptionfor a motorvehicle thathas a gross vehicle weight rating of14,000 pounds orless and does nothave a sleeperberth; to exempt armoredvehicles from motor vehicle idling requirements; and to retainthe exemption ofidling for heating or air conditioningwhile a driver is usingthe vehicle's sleeperberthfor a government-mandated restperiod and notwithintwo miles ofa facility offering external heating or air conditioning, which expired on September 1, 2009. This adoption, therefore, does not exceed an express requirement offederal law. The amendments are neededtoimplement statelawbutdo notexceed those newrequirements. The adopted rulemaking does involve a compact (in particular, theAustin EAC), which is an agreementbetweenthe state andfederal governmenttoimplement a state andfederal program; however, the adopted amendments do not exceed the requirements ofthat compact. Finally, this adopted rulemaking was not developed solely underthe general powers ofthe agency, butis authorizedbyspecific sections ofTHSC, Chapter 382, which
are cited inthe STATUTORYAUTHORITY section ofthispreamble, including THSC, §382.012 and §382.019. Becausethis adopted rulemaking does not meet any ofthefour applicabilityrequirements, Texas Government Code, §2001.0225(b) does not apply, and
a regulatory impactanalysis is not required.

This adopted rulemaking is notsubject tothe regulatory analysis provisions ofTexas Government Code, §2001.0225(b), for thefollowing reasons. The adopted rulemakingis
14

## not a major environmental law, because while the specific intent ofthe adopted rules are toprotectthe environment or reduce risks tohumanhealthfrom environmental exposure, the adoptedrulemaking would not adversely affect in a material waythe economy, a sectorofthe economy, productivity, competition, orjobs, norwouldit adversely affect in a material way the environment orthepublic health and safety ofthe stateor a sector ofthe state. Furthermore, even ifthe adoptedrulemaking was a major environmental rule, it does not meet anyofthefour applicability criteria listedinTexas Government Code, §2001.0225,

## because: 1)

## the adoptedrulemaking is partofthe SIP, and as such is designedto meet, notexceedtherelevant standardsetbyfederal law; 2) 

## parts ofthe adopted rulemaking are directlyrequiredby state law; 3) no contract or delegation agreement covers the topic thatis the subject of this adopted rulemaking; or 4) the adopted rulemakingis authorizedby specific sections ofTHSC, Chapter 382 (also known as theTexas CleanAirAct), andthe Texas Water Code, which are cited inthe STATUTORYAUTHORITY section ofthispreamble.

The commission invitedpublic commentregardingthe draftregulatoryimpact analysis determination during the public commentperiod, andno commentswere received.
Takings ImpactAssessment 

## The commission evaluatedthe adoptedrulemaking andperformed an analysis of whetherthe adoptedrulemaking constitutes a taking underTexas Government Code, Chapter 2007. 

## The commission's assessment shows Texas Government Code, Chapter 2007

## does notapply.

15

## Under Texas Government Code, §2007.002(5), 

## taking means: "(A) a governmental action that affects private real property, inwhole orin partortemporarily or permanently, in a manner thatrequiresthe governmental entityto compensatethe private real property owner as providedbythe Fifth andFourteenthAmendments tothe United States Constitution orSection 17 

## or 19, 

## Article I, Texas Constitution; or (B) a governmental action that: (i) affects an owner's private real propertyt!Iat is the subject ofthe governmental action, inwhole orin partortemporarily orpermanently, in a
mannerthatrestricts orlimits t!Ie owner's right tothepropertythatwould otherwise existinthe absence ofthe governmental action; and (ii) is theproducing cause ofa reduction ofatleast 25% 

## inthe marketvalue oft!Ie affected private real property, determinedby comparing themarketvalue ofthepropertyas ifthe governmental action is notineffect andt!Ie marketvalue ofthepropertydeterminedas ifthegovernmental action is in effect."
Promulgation andenforcement ofthe adopted rulemaking is neither a statutory nor a constitutionaltaking ofprivate real property. These adopted rules are notburdensome, restrictive, orlimiting ofrights toprivate real property, becausethe adopted rulemaking regulates vehicle idling incertain limited areas. Furthermore, the adopted rulemaking benefits thepublicby providing all local governments t!Ie option ofapplying t!Ie idling rules when additional control measures are neededto achieve ormaintain attainmentof thefederal ozone standards. The adopted rulemaking does not affect a landowner's rights in privatereal property, becausethis rulemaking does notburden, restrict, or limit the owner's rightto property, nor does it reduce thevalue ofanyprivate real propertyby 25% 

## ormorebeyondthatwhich would otherwise existin t!Ie absence ofthe 16

## regulations. Therefore, these adoptedrules do not constitute a taking underTexas Government Code, Chapter 2007.


## Consistencywiththe CoastalManagement Program The commission reviewed the adopted rulemaking andfound thatthe adoption is subjecttotheTexas Coastal Management Program (CMP) in accordance withthe Coastal CoordinationAct, Texas Natural Resources Code §§33.201 

## etseq., andtherefore, mustbe consistentwith all applicable CMP goals andpolicies. The commission reviewed this adoptedrulemakingfor consistencywiththe CMP goals andpolicies in accordance withthe regulations ofthe Coastal Coordination Council and determinedthatthe adoptedrulemaking does not affect any coastal natural resource areas. The CMP goals applicabletothe adopted rulemakingis the goal toprotect, preserve, restore, and enhancethediversity, quality, quantity, functions, and values ofcoastal natural resource
areas. No new sources ofair contaminants are authorized inthose affected counties. The CMP policy applicabletothis adopted rulemaking action is thepolicythat commission rules comply with regulations in the Code ofFederal Regulations (CFR) toprotectand enhanceair quality in the coastal area (40 CFR §501.32). This rulemaking adoption does nothave a detrimental effect on SIP emissions reduction obligations relatingto maintenanceofthe ozone NAAQS. This adopted rulemaking action complieswith the CFR. Therefore, in compliance with 40 CFR §505.22(e), this adopted rulemaking action is consistentwith CMP goals andpolicies. Promulgation and enforcementofthese adoptedrules does notviolate orexceed any standards identified inthe applicable CMP goals andpolicies, becausethe adopted rulemaking is consistentwiththese CMP goals andpolicies, andbecausethese adoptedrules do notcreateorhave a direct or significant 17

## adverse effect on any coastal natural resource areas.

The commission invitedpublic commentregardingthe consistencywith the CMP during thepublic commentperiod and no comments were received.

Public Comment Public hearings on theproposal were held inAustin on March 1, 2011 

## andin FortWorth
on March 3, 2011. 

## Oral comments regarding Chapter 114

## were presentedbythe Capital Area Council ofGovernments (CAPCOG), FFE Transportation, the NCTCOG, andthe Texas Motor TransportationAssociation (TMTA). The CAPCOG's oral comments were a summaryofa written comments submittedbythe Central Texas Clean Air Coalition (CAC); therefore, any reference to CAC inthe comments andresponsesbelowalso includes CAPCOG. The public commentperiod was from February 11, 2011,

## to March 11, 2011.



## Written comments regarding Chapter 114 

## were providedbyABetterTripp 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 HotshotTransport; 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-TTrucking; Cullen Trucking; City 

## ofDallas; Dart Transit; Dist-Tech; DorseyTrans; E.L. Farmer &Company; EPA; 18 

## \'

\

## Excargo Services; Fikes Truck Line; Fremont Contract Carriers; Gandy &Son's, Inc.; Glenn BroussardTrucking; Guy M. Turner; H & H Logistical Services, Inc.; Hirschfield Transportation; Hot Shot Express; Housley Communication, Inc.; Hyden Highway Hauling L.L.C.; JohnsrudTransport, Inc.; Klaus Leinenbach Trucking; Ladybug Freight LLC; Landstar; Lanstar; MayberryExpress; McClatchy Bros., Inc.; MLC, LLC; Morse Trucking; NaborsWell Services Co.; NCTCOG; OklahomaTankLines; OOIDA; Panel Truss; Pappas Restaurants; ParkwayTransport, Inc.; Payan Express Transportation Services, Inc.; PhaganExpress ofTexas LLC; Phil BrewerTrucking; PlunkettTrucking; Pressinon, Inc.; Queen Moving &Storage Co.; Randy BundyTrucking; RCL Trucking; Reed's Sand &Gravel, LLC; Refrigerated Transport, Inc.; Rex Long Transport Company; SkinnerTransportation, Inc.; SpecializedTransport Service, Inc., aka STS Heavy Hauling; StarFleet Trucking; Sterling'sVacuum Service; StevensWorldwideVan Lines, Inc.; Swift Transportation; Texas Hot Oilers, Inc.;**TMT~;** 

## Texas Moving Co., Inc.; Tom TaylorTrucking;**Transwood~** 

## Inc.; Tri Dal, Ltd.; Turner Bros., LLC; Two Ts Trucking; USA Truck, Inc.; USFW; W. M. Dewey &Son, Inc.; WernerEnterprises, Inc.; and31 individuals.


## Response to Comments 

## General Comments Comment The following entities and 24individuals supportedtheproposedmotorvehicle idling rule revision: ABetterTripp Moving and Storage Co., Inc.; Acme TruckLine; 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 HotshotTransport; 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 ofDallas; DartTransit; Dist-Tech; Dorsey Trans; E.L. Farmer & 

## Company; FFE Transportation Services; EPA; Excargo Services; Fremont Contract Carriers; Gandy & 

## Son's Inc.; Glenn BroussardTrucking; Guy M. Turner; H & 

## H Logistical Services, Inc.; HirschfieldTransportation; Hot Shot Express; Housley Communication, Inc.; Hyden Highway Hauling L.L.C.; JohnsrudTransport, Inc.; Klaus Leinenbach Trucking; Ladybug Freight LLC; Landstar; Lanstar; MayberryExpress; McClatchy Bros., Inc.; MLC, LLC; Morse Trucking; Nabors Well Services Co.; Oklahoma TankLines; OOIDA; Panel Truss; Pappas Restaurants; ParkwayTransport, Inc.; Payan ExpressTransportation Services, Inc.; Phil BrewerTrucking; PlunkettTrucking; Pressinon, Inc.; Queen Moving & 

## Storage Co.; RandyBundyTrucking; RCL Trucking; RefrigeratedTransport, Inc.; SkinnerTransportation, Inc.; SpecializedTransport Service, Inc., aka STS Heavy Hauling; Star FleetTrucking; Sterling'sVacuum Service; Stevens WorldwideVan Lines, Inc.; Swift Transportation; Texas Hot Oilers, Inc.; TMTA; Texas Moving Co., 

## Inc.; Tom TaylorTrucking; Transwood, Inc.; Tri Dal, Ltd.; Turner Bros., LLC; Two TsTrucking; USFW; W. M. Dewey & 

## Son, Inc.; andWerner Enterprises, Inc.
Response Thecommissionappreciates the supportfor the proposedrevisionsto the rules. No changes were madeto the rulesbasedonthese comments.

20

## Comment All Ways Trucking, AverittExpress, PlunkettTrucking, andthree individuals commented generally regarding idling regulation's effects onthehealth and safety of drivers and economiceffects on drivers. All Ways Trucking commentedthatthe argument against idling largetrucks is understood, butthe commission shouldconsider howwell someone could sleepwith no electricity. Averitt Express commented against idling restrictions andthatprohibiting idling will not accomplish anything. Plunkett Trucking commentedthat drivers mustsleep intheirvehicle whentheyreachtheir federally mandatedrestperiod. CRST International commentedgenerally against idling restrictions. An individual commentedthat drivers generally shouldnotidle ifnot necessary; however, driver safety andeconomichardships shouldbe consideredas well. Anotherindividual commentedthatAmericantruck drivers already have numerous rules andregulations placed onthem. Anotherindividual askedthe commissionto please considerthe cause andeffect ofthe commission's decision andlong-term consequences.
Response The commissionacknowledgesthe comments andthe concerns associated withhealth andsafetyofdrivers. This rulemakingadds onlya year-round idlingenforcementperiodwhile eliminatingcertainidlingprohibitions, retainingseveral exemptions, andaddinga newexemptionfor armored
cars. The commissionhas madeno changesinresponsetothese comments.

21

## Comment Celanon commentedthatthe commission has removed safe parkingbutenforcesthe 14- 

## hourrule.
Response The commission acknowledgesthis comment. However,the commission does notenforcethe hours-of-service regulationsthatputlimits inplacefor when andhowlongcommercial motorvehicle drivers maydrive. The commissionhas made no changesin responsetothis comment.



## Comment Fikes Truck Line commentedthatmosttrucks and equipmenthavebeen updated, along with auxiliarypower units for hotelloads, andtheupdated equipment is self-contained. This independence does notexist for other industries.
Response The commission appreciatesthecomment. The commissionhas madeno changesin responsetothe comment.



## Comment The CAC andthe NCTCOG suggestedthatthe commissiontake action topermitTexas Emissions Reduction Plan funding for idle reductiontechnology independentto whether idling occurs within a localjurisdictionthathas adopted idlingrules.

22

## Response The commission appreciatesthe comment. The suggestedchangeisbeyond thescope ofthis rulemaking. The commissionhas madeno changesin responsetothesecomments.

Comment The CAC suggestedthe commission makethe effective dateofany rule change atthe end ofthe currentozone seasonto avoid any disruptiontoimplementation oftheexisting rules inthis ozone season.


## Response The commission appreciatesthecomment. In orderto ensurethehealth andsafetyofdrivers,theimplementationoftheruleswill needtooccur immediately. The commissionhas madeno changes in 

## responsetothis comment.

§114.512, 

## Control Requirements forMotor Vehicle Idling Comment The CAC, theEPA, andthe NCTCOG supported extendingthe enforcement periodto year-roundto make enforcement consistent andprovide additional protection from
ozone pollutants. The NCTCOG supported allowing an exemptionfor armoredvehicles dueto idling when necessarytoprovide comfort andsafetyto employees.

23

## Response The commissionappreciatesthe support. Thecommissionhas made no changes inresponsetothesecomments.

Comment The CAC, the EPA, andthe NCTCOG suggestedthe commission shouldretainthe prohibition for drivers using sleeperberthstoidle in a school zone, within 1,000

## feet ofa hospital, orwithin 1,000

## feet ofa public school during its hours ofoperationtohelp reducethe amount ofemissionsfrom idling inthese sensitive areas. 

## Ifthe sleeperberth exemption is reinstated, thehealth ofpersonsinthese areas mustcontinuetobe protected.


## Response While the commissionacknowledges thepotentialhealthbenefits ofthe prohibition ofidlingwithin 1,000

## feet ofa public school orhospital and appreciatesthe commenters' concerns, atthistimethe commission does nothave sufficienttechnical analysis specifictoidlingnear schoolsand hospitalsto support sucha regionally specificprohibitionbeyondthe originallegislative mandate.As

## discussedelsewhere inthe RESPONSETO COMMENTS sectionofthispreamble,the commissionis electingtoretain the exemptionin §114.517(12)

## regarding sleeperberths eventhoughthe statutehasexpired, becausethe commissionconsidersthis exemptiontobe appropriate andnecessaryfor driver safetyand consideringfederal requirements for mandatoryrestperiods. The commissionhas made no 24

## changesinresponsetothese comments.

Comment The CAC andthe NCTCOG suggested specifying that enforcement canoccur as a class C misdemeanor, as opposedto a class Bmisdemeanor, whichis currently stipulatedfor counties, because nofine is associated withviolating therule.


## Response TexasWaterCode, §7.177 sets a fine for criminalviolations ofthe rule. The commission doesnothave authorityto set criminalfines thatdifferfrom a statute. The changerequestedbythe countieswouldrequire a legislative change. The commissionhas madeno changesinresponsetothese comments.

Comment The NCTCOG suggested extendingtheidling restrictiontoinclude additional vehicle classes ofcommercial medium-dutyvehicles inthe 6,ooo- to 14,000-poundgross vehicle weightrating.


## Response The commissionappreciatesthe comment. The commission didnot proposethe suggestedrestriction or considerthe restrictionintheinitial ruleproposal.Affectedindividuals, companies, andotherinterestedparties wouldnotbeprovidedadequate opportunityto comment onthe suggested 25

## idlingcontrolrequirement. The commissionhas made no changesin responseto this comment.

Comment The NCTCOG commentedthat a local governmentin North Central Texas suggested thatthe commission consider prohibiting idling at railroad crossings as partofthe idling limitations rule as an additional way to curb idling emissions.


## Response The commissionappreciates the comment.The suggested changeisbeyond the scopeofthis rulemaking. The commission cannotincludethe additional idlingrestriction as suggestedbecauseitwas notincludedinthe initialrule proposal.Affectedindividuals, companies, andotherinterestedparties wouldnotbeprovided adequateopportunityto comment onthis suggested idlingrestriction.The commissionhas madeno changesinresponsetothis comment.

§114.517, Exemptions 

## Comment The EPA recommendedthat a technical analysis ormodeling demonstrationbeprovided to showthattheproposedyear-round enforcement oftheidling rule would offset the emissions increase resultingfrom the newproposed exemption for armored vehicles.

26

## Response Some increases in emissions maybe expected duetothe addition ofan idlingexemption for armoredvehicles. However, the exemption willnot interfere with attainment orreasonablefurtherprogressin the SIP, because theproposedyear-roundenforcementwill offsetthese relatively smallincreases. Extendingtheenforcementperiodtoyear-round enforcement shouldprovide more emissionsreductions inthe monthsthat
are currentlynot subjectto enforcement. Thus, anypotentialincreases resultingfrom anexemptionfor armoredvehicles shouldbe offsetbythese reductions. Furthermore, the DFWarea exceededtheNOx andVOC emissionreductions requiredthroughtheVMEP commitments.The excess emissionsreductionswere greaterthanthe 0.12

## tpdNOx and 0.004

## tpd VOC emissionreduction shortfallestimatedintheNCfCOG'sVMEP accountingfor the Locally Enforced IdlingRestrictions. In addition,the o.86tpd NOx and 3.66tpdVOC excess emissionreductions accomplished forthe overallVMEP, as estimatedinthe NCfCOG'sVMEP accounting,
were greaterthanthe emissionreduction commitmentsforthe Locally Enforced IdlingRestrictions componentoftheVMEP. Finally, the exemptionfor armoredvehicles is consistentwith EPA's Model StateIdling Lawguidance document. The commissionhas madenochangesinresponse tothis comment.

Comment The CAC commenteditdoes notsupport adoption ofthe sleeperberthexemption, 27

## because itwill make the rule difficult to enforce, diminish incentives for installation of idle reduction measures, and discouragejurisdictionsfrom participation in the MOAs. The CAC commentedthatretainingtheexemption is not consistent with thelegislative intentto allowthe exemptionto expire. The CAC recommendedthatthe sleeperberth exemption shouldbelimitedifthe commission adoptsthe exemption such as: prohibit sleeperberthidling in sensitive areas; orto restrict heavy-dutyvehicles only; allowthe exemption for no longerthan a two-yearperiod; modifythe geographic applicabilityto
no idling within 30 

## miles ofa facility offering external heating or air conditioning. The CAC suggestedthe commission shouldfocus on what modifications would makethe rule
more effective atreducing emissions from idling, ratherthantrying to discernthe legislature's intentin expired statutes.
Response Thecommission acknowledgesthis comment; however, thecommission mustbalancethehealth and safetyofdriverswith thebenefits ofidling restrictions. The commissionhas madeno changesin responsetothis comment.



## Comment The EPA commented thatitwould notbe able to approve theproposedidlingrestriction sleeperberthexemption in the SIP unless the commission can provide substitute reductions ormodelingto showthat attainmentcanbe metwithoutthe credits affected bythe exemption.

28

## Response In responsetothe EPA'scomments,thecommissionhas addedtothe FCAA, §uo(l) 

## demonstrationthatretainingthe sleeperberth exemption

## willnot interferewith attainmentorreasonablefurtherprogress inthe SIPbecause the DFWarea achievedanexcess ofNOxandVOC emissionreductions throughtheVMEP commitments.Additionally, the excess emissions reductionsweregreaterthan the 0.12

## tpdNOx and 0.004

## tpdVOC emission reduction shortfallestimatedintheNCfCOG'sVMEP accountingforthe LocallyEnforcedIdlingRestrictions. Furthermore, the o.86

## tpdNOxand 3.66

## tpdVOC excess emissionreductions accomplishedforthe overall VMEP, as estimatedintheNCfCOG'sVMEP accounting,weregreaterthan the emissionreduction commitmentsforthe LocallyEnforcedIdling Restrictions componentoftheVMEP. Finally, onApril9, 2010, 

## the EPA publishedits approval ofrevisionstothe SIPregardingthe idlingrulethat theTCEQ submittedon February28,**~oo8** 

## (75 

## FR 18061). 

## Inthat approval, the EPAdidnot addressthepreviousrevisionsto §114.517(12) 

## exempting the idlingofthe primarypropulsion engine ofa vehicletoprovide air conditioningandheatingforthevehicle's sleeperberthfor a governmentmandatedrestperiod,because theseprovisions ofthe rulehad already expired.

29

## Comment The NCTCOG commentedthatit is not opposedtoreinstatingthe sleeperberth 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 changewas madetobe consistentwith thefederal requirement mandatingrest stopstoprotectthe healthandsafetyofdrivers. The commissionhas made no changes in 

## responseto this comment.

Comment Phagan Express ofTexas LLC commentedthattheidling rule places an additional burden ondriversthatis not needed. Reed's Sand & 

## Gravel, LLC, commentedthatthe trucking industryis beingforced into extinction. With high fuel prices troubling truckers, therulemaking is addingtheburden ofbeing unable to restcomfortably. Rex Long Transport Companycommentedthis rulemaking would be harmful for drivers who cannot afford external powerplants at a cost ofapproximately $10,000. 

## Citing that temperatures in Texas range from lows in theteens and ashigh as 100

## plus degrees Fahrenheit, no driver shouldbeforced into thatsituation. USA Truck, Inc. commented
on its concernsthattheidling rule would preventtruckersfrom receiving quality sleep. An individual commentedthat drivers need to maketheirown decisions ontheissue of idling and are aware ofwhen they needto use air conditioning andheating for rest periods and sleep. Anotherindividual commentedthattheidling rule musttake into 30

## consideration the hardship it places onthe driver who cannot make itto a truck stop thathas facilities with external heating andair conditioning connections. The individual askedthatthe commission considerthat a driver cannot getproper rest ifthe driver is too hot ortoo cold. The anti-idling regulations place undue hardship onthe drivers. Another individual commentedthattruck drivers shouldbe allowedto idle their engines in ordertokeep thetemperature close towhatthey areusedtosotheycan get restwhile
onbreaks or waiting topick up ordeliver. The individual commentedthatthe distance to externaltemperature control should not matterbecause it 

## is not possibletowait in line for availability unless on shipper or receiver property. Another individual commentedthatitis these laws, which preventtruck driversfrom runningthe air conditioner andgetting enough sleep, make drivers dangerous for families onhighways.


## Response The commissionacknowledgesthe comments andthe concerns associated with thehealth andsafetyofdrivers. The anti-idlingrulesare anozone reductionprogramthathelpsareasthat are nonattainment andnear nonattainment reducepollution. In addition, this rulemakingadds onlya year-roundidlingenforcementperiodwhile eliminatingcertainidling prohibitions, retainingseveral exemptionsto allowtruckdriverstouse air conditioner orheating, andaddinga newexemptionfor armoredcars. The commissionhas made no changesin response to these comments.

Comment The NCTCOG suggested including an exemptionfor vehicles poweredby "Certified 31

## Clean Idle" engines, because these engines polluteless thanmanyidle-reduction options currentlyallowed underthe rule and would eliminatethe demand on drivers to have duplicative technology to complywith various state'sidling rules.
Response The commission appreciatesthecomment. Thecommissiondidnot proposethe suggestedexemptionorconsidertheexemptionintheFCAA, 

## §noO) demonstrationforthis rulemaking. Thecommissionmayconsider the suggestedexemption in 

## a laterrulemakingwith additional analysis. The commission has made no changesin responsetothis comment.

32

# STAFF RECOMMENDATIONS

## SUBCHAPTER

## J: OPERATIONAL CONTROLS FORMOTORVEHICLES DIVISION 2: 

## LOCALLY ENFORCED MOTORVEHICLE IDLING LIMITATIONS §114.512AND §114.517


## StatutoryAuthority 

## These amendments are adoptedunderthe authorityofTexas Government Code, §2001.021, Petition for theAdoption ofRules, which authorizes an interestedpersonto petition a state agency for the adoption ofa rule. The amendments are adopted under Texas Water Code (TWC), §5.102, General Powers; TWC, §5.103, Rules; andTWC, §5.105, General Policy, whichprovidethe commissionwith the general powers to carry outits duties andauthorizethecommissionto adopt rulemaking necessaryto carry out its powers andduties undertheTWC; andTWC, §5.013, General Jurisdiction of Commission, which statesthe commission's authorityover various statutoryprograms. The amendments are also adoptedunderTexas Health and Safety Code (THSC), §382.017, Rules, which authorizesthe commissiontoadoptrules consistentwith the policy andpurposes ofTHSC, Chapter 382 (the Texas CleanAir Act), andtoadopt rules that differentiate among particularconditions, particular sources, andparticularareas ofthe state. Theamendments arealso adopted underTHSC, §382.002, Policy and Purpose, which establishes the commission's purposeto safeguardthe state's air resources, consistentwith theprotection ofpublichealth, general welfare, andphysical property; THSC, §382.011, General Powers and Duties, which authorizes the commission to control the qualityofthe state's air; THSC, §382.012, StateAir Control Plan, which authorizes the commission toprepareand develop a general,

1

## comprehensive plan forthe control ofthe state's air; THSC, §382.019, Methods Used to Control and Reduce Emissions From Land Vehicles, which provides thecommission the authorityto adoptrules to control andreduce emissions from engines usedtopropel landvehicles; andTHSC, §382.208, Attainment Program, which authorizes the commissionto develop andimplementtransportation programs and other measures necessaryto demonstrate attainment andprotectthepublic from exposuretohazardous aircontaminantsfrom motorvehicles.

The adopted amendments implementTHSC, §§382.011, 382.012, 382.019, and 382.208.

§114.512. Control Requirementsfor MotorVehicle Idling.

No person shall cause, suffer, allow, orpermittheprimacy propulsion engine ofa motor vehicle toidle for more thanfive consecutive minutes when the motorvehicle, as defined in §114.510 ofthis title (relatingto Definitions), is notin motion.

§114.517. Exemptions.

The provisions of§114.512 ofthistitle (relatingto Control Requirements for MotorVehicle Idling) do not apply to:

2

### (1) 

## a motorvehicle thathas a gross vehicle weight rating of 14,000

## pounds
orless;

(2) 

## theprimarypropulsion engine ofa motorvehicle beingused to provide air conditioning orheating necessary for employee health orsafetyin an armored vehicle while the employee remains insidethevehicle to guardthe contents orwhile the vehicle is beingloaded orunloaded;

(3) a motorvehicle forced to remain motionless because oftraffic conditions overwhich the operatorhas no control;

(4) a motorvehicle beingused by the United States military, national guard, or reserve forces, oras an emergency orlaw enforcement motorvehicle;

(5) theprimarypropulsion engine ofa motorvehicle providing a power
source necessaryfor mechanical operation, otherthan propulsion, and/orpassenger compartmentheating, or air conditioning;

(6) theprimarypropulsion engine ofa motorvehicle being operatedfor maintenance ordiagnosticpurposes;

3

## (7) the primarypropulsion engine ofa motor vehicle beingoperated solely to defrost a windshield;

(8) the primarypropulsion engine ofa motorvehicle thatis beingusedto supplyheat or air conditioning necessary for passengercomfort and safety invehicles intendedfor commercial orpublic passengertransportation, orpassengertransit operations, in which case idling up to a maximum of30 

## minutes is allowed;

(9) the primarypropulsion engine ofa motorvehicle being usedtoprovide airconditioning orheating necessaryfor employee health orsafety while the employee is using the vehicle toperform an essentialjobfunction relatedto roadway construction
ormaintenance;

(10) 

## the primarypropulsion engine ofa motorvehicle being used as airportground support equipment;

(n)

## the owner ofa motor vehicle rented orleasedto a personthat operates the vehicle andis not employedbythe owner; or

(12) 

## a motor vehicle when idling is necessaryto power a heaterorair conditionerwhile a driver is using the vehicle's sleeperberthfor a government4

## mandatedrestperiod andis notwithin two miles ofa facility offeringexternal heating and air conditioning connections at a timewhenthose 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 5zo11 Texas Commission on Environmental Quality 

### ORDERADOPTINGAMENDED 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 ofAir Pollution from MotorVehicles. The adoption allows enforcement ofheavy-duty vehicle idling yearround; removes the expired prohibition for drivers using sleeperberthsto idle in residential areas, school zones, and nearhospitals; and removes expiration dates that are no longer applicable. Additionally, the adopted rulemaking removes the duplicative exemption for a motorvehicle that has a gross vehicle weight rating of 14,000 pounds orless andreplaces itwith a new exemption for armoredvehicles; and retains the exemptionfor a motorvehicle when idling for heating orair conditioning while a driver is using thevehicle's sleeperberthfor a government-mandatedrestperiod and not within two miles ofa facility offering external heating or air conditioning, which expired on September 1, 2009. The proposedrules were publishedfor comment inthe February 11, 2011, issue of the Texas Register (36 TexReg707). Pursuant to 40 Code ofFederal 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 inthe areas affected atleast 30 days priorto the dates ofthe hearings. Public hearings were held inAustin on March 1, 2011, andin Fort Worth onMarcl! 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 commentperiod. Prior to the scheduledhearings, copies ofthe 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 ofinterested 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 oftestimony includes the narries ofall interested groups or associations offering comment on the proposed amendments to 30 TAC, Chapter 114 and theirposition concerning the same. IT IS THEREFORE ORDERED BY THE COMMISSION that the amended rules are hereby adopted. The Commission further authorizes staffto 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 at42 U.S: .CodeAnn. §§ 

### 7401

- 7671q, as amended. ' ,, h : ' 

### This Order. c6nstitutes the Order ofthe Commission required by theAdministrative 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, theinvalidity ofany portion shall not affect thevalidity oftheremaining portions.
Date issued: 

# 'JUL 

# 2 2 2011 TEXAS 

### COMMISSION ON ENVIRONMENTAL QUALITY

BryanW. haw, Ph.D., ChairmanFigure: 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 orprocess 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 ifa complete and verifiable e ·ssion inventory for the account is submitted as described in §101.1 ofthis 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 ofthe 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 emissionpoints and process units must be used to cal late the fee basis. Actual production, throughput, ormeasurement cords mustbe submitted along with complete documentation ofcalcul tion methods. Thoroughjustification is required for all assumption made and emission factors used in such calculations. (3) For purposes ofth s section, the term "regulated pollutant" includes any volatile orga c compound, any pollutant subject to Federal Clean AirAct (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 ofthe commission, or court orders. (g) Nonpayment offees. 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 ofthis section, as first opted and amended thereafter, are and must remain in effect for purp ses ofany 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 ofemissions fees when due in ace rdance with Chapter 12 ofthis title (relating to Payment ofFees). This agency hereby certifiestha the adoption has been reviewed by legal counsel and found to b a valid exercise ofthe agency's legal authority. Filed with the Office ofthe Sec tary of State on July 22, 2011. TRD-2011 02771 Robert Martinez Director, Environmental Law Divisi n Texas Commission on Environmen IQuality 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 ofthe 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 theirjurisdictions. Members ofthe Austin EAC area signing the MOA included the counties of Bastrop, Caldwell, Hays, Travis, and Williamson, and the cities ofAustin, 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 enforcementdates were included when the rule was originally adopted atthe request ofthe 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 ofthe state the option ofapplying these rules in theirareas 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 ofthe 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 consistentwith 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 ofwhich 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 ofidling 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 orwhile the vehicle is being loaded or unloaded. On April9, 2010, the EPA published its approval of revisions to the SIP regarding the idling rule thatthe 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 AirAct, §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 enforcementto 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 ofthe 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


### ADOPTEDRULES August 5, 2011 36 TexReg 4973accounting, 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} forsubsection (a} to conform to the Texas Registerformatting 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 ofthe 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 of42 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 intentofthe adopted rulemaking is to makethe 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 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 ofthe 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 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 ifit did, itwould 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 underthe 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 ofthe 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 ofthe 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 underthis standard. The commission has substantially complied with the requirements ofTexas Government Code, §2001.0225. Even ifthe 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 ofthe 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 offederal 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 ofthe economy, productivity, competition, orjobs, 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


### ADOPTEDRULES August 5, 2011 36 TexReg 4975state. 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 ofthe 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 ifthe governmental action is not in effect and the market value of the property determined as ifthe 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, becausethe 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 con
### 36 TexReg 4976 August5, 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 bythe Capital Area Council ofGovernments (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 appreciatesthe 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 independentto 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 ofthis 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 ofthe 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


### ADOPTEDRULES August 5, 2011 36 TexReg 4977NCTCOG 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 ofemissions 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 ofthe 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 August5, 2011 Texas Register idling at railroad crossings as part ofthe idling limitations rule as an additional way to curb idling emissions. Response The commission appreciates the comment. The suggested change is beyond the scope ofthis 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 DFWarea 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'sVMEP accounting forthe 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 ofthe 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 itdoes not support adoption ofthe sleeper berth exemption, because it will makethe rule difficult to eriforce, diminish incentives for installation of idle reduction measures, and discouragejurisdictions 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 ifthe 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 ofa 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. ResponseThe 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 itwould 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 ofthe 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 ofapproximately $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 ofwhen 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 nonattainmentand nearnonattainment 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 overvarious 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,



### ADOPTEDRULES August5, 2011 36 TexReg 4979which 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 certifiesthatthe adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Filed with the Office ofthe 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 August5, 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 amendmentto §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 amendmentto §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 ofthe 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 herebycertifies tha the adoption has been reviewed by legal counsel and found to b a valid exercise ofthe agency's legal authority. Filed with the Office ofthe 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 

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