# Commonwealth of Pennsylvania

Department of Environmental Protection



# FINAL 

# State Implementation Plan Revision: Diesel - P owered Motor Vehicle Idling Act

(Act 124 of 2008) January 2010 Bureau of Air Quality Pennsylvania Department of Environmental Pr otection

P.O. Box 8468 Harrisburg, PA 17105 - 8468 717 - 787 - 9495 www.depweb.state.pa.us

John Hanger Secretary Edward G. Rendell Governor

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### Pennsylvania State Implementation Plan Revision to Incorporate the Diesel Powered Motor Vehicle Idling Act (Act 124 of 2008)
Purpose of Document The purpose of this document is to request that the U.S. Environmental Protection Agency (EPA) incorporate the Diesel
- Powered Motor Vehicle Idling Act (Act 124 of 2008 ) into the P ennsylvania State Implementation Plan (SIP)
. Th e emission redu ctions achieved b y imposing restrictions on the idling of diesel
- powered motor vehicles with a gross weight (GW ) equal to or greater than 10,001 pounds will allow the Commonwealth to make progress in attain ing and maintain ing National Ambient Air Q uality S tandards (NAAQS) including the health
- based eight
- hour ozone and fine particulate standards
. If Act 124 is incorporated into the Pennsylvania SIP, it will become enforceable by EPA , in addition to continuing to be enforceable by state and local governm ent al entities
. Pennsylvania will also be able to take credit in subsequent SIP revisions for emission reductions resulting from compliance with Act 124. Overview of Act 124 On October 9, 2008, Governor Rendell signed the Diesel
- Powered Motor Vehicle Idling Act (Act 124 of 2008; P.L.1511, No. 124) ; the law became effective on February 6, 2009 . The a ct , codified at 35 P.S. §§ 4601
- 4610, will reduce unnecessary idling of the main propulsion engine in diesel
- powered motor vehicles, including trucks and buses. Act 124 prohibits the owners and drivers of an y diesel
- powered motor vehicle with a gross weight of 10,001 pounds or more , engaged in commerce , from allowing or causing the engine of the vehicle to idle for more than five minutes in any

continuous 60 - minute period, except as provided in the a ct . In addition to vehicle drivers and owners, owners and operators of locations where subject vehicles load, unload or park are also responsible for compliance with Act 124. Buses, school buses and school ve hicles may idle for 15 minutes in a continuous 60
- minute period when passengers are aboard. Other exemptions address excess idling due to factors outside the drivers’ control, such as traffic or mechanical issues. There are also exemptions addressing idl ing during maintenance, vehicle equipment inspection, and emergency or utility service functions , and idling for security reasons. Certain ty pes of other vehicles including motor homes, commercial implements of husbandry, implements of husbandry, farm equipment, and farm vehicles are not covered b y Act 124. Additionally , the restriction on idling does not apply if a vehicle exhibits a label issued by the California Air Resources Board under 13 CCR §1956.8(a)(6)(C) showing the vehicle’s engine meets the op tional nitrogen oxide (NOx ) idling emission standard
. An owner or operator of a location where subject vehicles load or unload, or where 15 or more parking spaces are provided for vehicles subject to the a ct , must erect and maintain at least oneIn corporation of Act 124: SIP Revision

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permanent sign to inform drivers that idling is restricted in Pennsylvania. The requirements of the law will not be incorporated into any permit issued by the Department of Environmental Protection ( DEP )
. Any conviction for violations of Act 124 will result in fines ranging from $150 to $300, plus court costs. DEP is also authorized to assess civil penalties, not to exceed $1,000 per day for each violation of Act 124
. Although Act 124 preempts and supersedes local anti
- idling ordinances or rules, more stringent idling restrictions imposed by counties of the first and second class (Alleghen y and Philadelphia c ounties ) prior to Jan. 1, 2007, continue in full force and effect provided they

are not amended, suspended or rendered invalid. See Appendix A of this doc ument for a cop y of the law
. Benefits of Act 124 Act 124, which requires idling reduction by diesel
- powered vehicles over 10,000 pounds gross weight, will help reduce emissions of pollutants that contribute to ground
- level ozone and fine particulate m atter concentrations. Projected emission reductions, assuming at least a 50% compliance rate, are shown below in Table 1 for volatile organic compounds (VOC), nitrogen oxides (NOx) and fine particulate matter (PM 2.5 ).

Table 1: Projected Emission Reductio ns from Act 124

(tons per year) 2009 2018 VOC 45 30 NOx 1622 1600 PM 2.5 30 7 In 1997, the EPA established ozone and PM 2.5 primary and secondary

NAAQS to be more protective of public health and the environment than earlier ozone and particulate matter standards and to ensure an adequate margin of safety
. In October 2006, EPA further tightened the 24
- hour PM 2.5 standard , and in March 2008, EPA strengthened the ground
- level ozone standards. In September 2009, EPA announced that it will reconsider the 2 008 ozone standard in order to ensure the standard is clearly grounded in science, protects public health with an adequate margin of safety , and is sufficient to protect the environment
. Fine particles or PM 2.5 (particles with a diameter of 2.5 micromet ers or less) in the atmosphere are made up of a complex mixture of components. Some, like diesel particulate, are emitted di rectly into the air (primary sources) and others, such as sulfate and nitrate, form in the air as a result o f various chemical reac tions (secondary sources). The health effects associated with exposure to PM 2.5 are significant, and the evidence for these effects is compelling. Premature mortality , aggravation of existing respiratory and cardiovascular disease, decreased lung functio n and asthma attacks have been attributed to exposure to PM 2.5 . Ground
- level ozone is not emitted directly to the atmosphere but is formed by a photochemical reaction between VOCs and NO x in the presence of sunlight. Heavy- duty vehicles contributedIn corporation of Act 124: SIP Revision

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about 25% of all NO x emissions in this Commonwealth in 2002. (Compared to gasoline
powered vehicles, diesel vehicles are not a significant source of VOCs.) Repeated exposure to ozone pollution may

cause a variety

of adverse health effects for healthy people and those with existing conditions, including difficulty in breathing, chest pains, coughing, nausea, throat irritation and congestion. Itcan exacerbate bronchitis, heart disease, emphy sema, and reduce lung capacity. Ozone can aggravate asthma, causing m ore asthma attacks, increased use of medication, more medical treatment and more frequent visits to hospital emergency clinics. Ozone also has adverse effects on vegetation (forests and food crops) and, through deposition of NO x precursors , contributes to pollution in the Chesapeake Bay
. Furthermore, EPA and other agencies have evaluated the health effects of direct exposure to diesel particulate matter. The small size of diesel exhaust particles allows them to be drawn deepl y into the lungs. Diesel particulates are, for the most part, even smaller than 2.5 micrometers. The EPA has said that long
- term exposure to diesel particulate exhaust is likely to pose a lung cancer hazard. Exposure to diesel particulates has non
- cancer and acute effects as well, including throat and eye irritation and inflammation, exacerbation of existing respiratory and allergic conditions, and exacerbated risk of heart attacks. Studies indicate that children living near highway s have more lung and breathing problems than other children. Children may also be exposed to more diesel exhaust inside diesel school buses, especially in idling buses that queue. People commuting to work in almost any mode of transportation along truck routes are exposed to high levels of diesel fine p articulate matter. Vehicle operators, the people in the closest proximity to diesel exhaust, will benefit most, particularl y drivers of long
- haul vehicles. In addition to cleaner air, the noise of their sleeper berth should decrease if power is supplied b y an alternative power source . This should lead to a more rested truck driver. The National Transportation Safety Board has cited fatigue as a major cause of accidents in which long
- haul trucks are involved. Nearl y 500,000 trucks in the nation are dedic ated to long
- haul trips. Since trucking companies need to replace truck drivers constantly

due to high turnover rates, more truck operators would be affected than there are number of trucks. Itis possible that most, if not all, long
- haul drivers will id le in this Commonwealth at some time. In cluding bus drivers and local drivers in this Commonwealth, there are nearl y one million drivers who may benefit through reduced exposure to diesel emissions. In addition, because idling heav y- dut y vehicles consume approximately one gallon of fuel per hour, reducing idling will save diesel vehicle owners and operators money over the long run. Because the United States increasingl y relies on imported fuel for transportation needs, reducing idling will contribute to the country's energy independence. Another benefit of reducing idling is the reduction of carbon dioxide (CO 2 ) emissions , a major greenhouse gas. I dling heavy
- duty diesel vehicles can produce as much as 22.2 pound s of CO 2 for every hour of idling time. Public Comment Requirements for a public comment process are set forth in Section 110(a)(2) of the CAA and 40 CFR Section 51.102(d). P ublic hearing s on the incorporation of Act 124 into the PennsylvaniaIn corporation of Act 124: SIP Revision

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SIP were held in Harrisburg on September 1 7 , 2009, and in Norristown and Pittsburgh on September 18, 2009
. Notice of the hearing s was published in the Pennsylvania Bulletin on August 15, 2009, and in newspapers in general circulation at least 30 day s prior to the date of the hearing. Th e public comment period ended on Friday , September 25 , 2009. A comment/response document has been developed and is being submitted to EPA with th is final SIP revision.

# Appendix A ACT 124 Diesel
- Powered Motor Vehicle Idling Act

(P.L. 1511, No. 124)