42 U.S.C. § 16104 (THE PUBLIC HEALTH AND WELFARE)
§ 16104. Reduction of engine idling
(a) Definitions
In this section:
(1) Administrator
The term “Administrator” means the Administrator of the Environmental Protection Agency.
(2) Advanced truck stop electrification system
The term “advanced truck stop electrification system” means a stationary system that delivers heat, air conditioning, electricity, or communications, and is capable of providing verifiable and auditable evidence of use of those services, to a heavy-duty vehicle and any occupants of the heavy-duty vehicle with or without relying on components mounted onboard the heavy-duty vehicle for delivery of those services.
(3) Auxiliary power unit
The term “auxiliary power unit” means an integrated system that—
(A) provides heat, air conditioning, engine warming, or electricity to components on a heavy-duty vehicle; and
(B) is certified by the Administrator under part 89 of title 40, Code of Federal Regulations (or any successor regulation), as meeting applicable emission standards.
(4) Heavy-duty vehicle
The term “heavy-duty vehicle” means a vehicle that—
(A) has a gross vehicle weight rating greater than 8,500 pounds; and
(B) is powered by a diesel engine.
(5) Idle reduction technology
The term “idle reduction technology” means an advanced truck stop electrification system, auxiliary power unit, or other technology that—
(A) is used to reduce long-duration idling; and
(B) allows for the main drive engine or auxiliary refrigeration engine to be shut down.
(6) Energy conservation technology
the 1 term “energy conservation technology” means any device, system of devices, or equipment that improves the fuel economy.
(7) Long-duration idling
(A) In general
The term “long-duration idling” means the operation of a main drive engine or auxiliary refrigeration engine, for a period greater than 15 consecutive minutes, at a time at which the main drive engine is not engaged in gear.
(B) Exclusions
The term “long-duration idling” does not include the operation of a main drive engine or auxiliary refrigeration engine during a routine stoppage associated with traffic movement or congestion.
(b) Idle reduction technology benefits, programs, and studies
(1) In general
Not later than 90 days after August 8, 2005, the Administrator shall—
(A)
(i) commence a review of the mobile source air emission models of the Environmental Protection Agency used under the Clean Air Act (42 U.S.C. 7401 et seq.) to determine whether the models accurately reflect the emissions resulting from long-duration idling of heavy-duty vehicles and other vehicles and engines; and
(ii) update those models as the Administrator determines to be appropriate; and
(B)
(i) commence a review of the emission reductions achieved by the use of idle reduction technology; and
(ii) complete such revisions of the regulations and guidance of the Environmental Protection Agency as the Administrator determines to be appropriate.
(2) Deadline for completion
Not later than 180 days after August 8, 2005, the Administrator shall—
(A) complete the reviews under subparagraphs (A)(i) and (B)(i) of paragraph (1); and
(B) prepare and make publicly available one or more reports on the results of the reviews.
(3) Discretionary inclusions
The reviews under subparagraphs (A)(i) and (B)(i) of paragraph (1) and the reports under paragraph (2)(B) may address the potential fuel savings resulting from use of idle reduction technology.
(4) Idle reduction and energy conservation deployment program
(A) Establishment
(i) In general
Not later than 90 days after August 8, 2005, the Administrator, in consultation with the Secretary of Transportation shall, through the Environmental Protection Agency’s SmartWay Transport Partnership, establish a program to support deployment of idle reduction and energy conservation technologies.
(ii) Priority
The Administrator shall give priority to the deployment of idle reduction and energy conservation technologies based on the costs and beneficial effects on air quality and ability to lessen the emission of criteria air pollutants.
(B) Funding
(i) Authorization of appropriations
There are authorized to be appropriated to the Administrator to carry out subparagraph (A) for the purpose of reducing extended idling from heavy-duty vehicles $19,500,000 for fiscal year 2006, $30,000,000 for fiscal year 2007, and $45,000,000 for fiscal year 2008.
(ii) Locomotives
There are authorized to be appropriated to the administrator to carry out subparagraph (A) for the purpose of reducing extended idling from locomotives $10,000,000 for fiscal year 2006, $15,000,000 for fiscal year 2007, and $20,000,000 for fiscal year 2008.
(iii) Cost sharing
Subject to clause (iv), the Administrator shall require at least 50 percent of the costs directly and specifically related to any project under this section to be provided from non-Federal sources.
(iv) Necessary and appropriate reductions
The Administrator may reduce the non-Federal requirement under clause (iii) if the Administrator determines that the reduction is necessary and appropriate to meet the objectives of this section.
(5) Idling location study
(A) In general
Not later than 90 days after August 8, 2005, the Administrator, in consultation with the Secretary of Transportation, shall commence a study to analyze all locations at which heavy-duty vehicles stop for long-duration idling, including—
(i) truck stops;
(ii) rest areas;
(iii) border crossings;
(iv) ports;
(v) transfer facilities; and
(vi) private terminals.
(B) Deadline for completion
Not later than 180 days after August 8, 2005, the Administrator shall—
(i) complete the study under subparagraph (A); and
(ii) prepare and make publicly available one or more reports of the results of the study.
(c) Omitted
(d) Report
Not later than 60 days after the date on which funds are initially awarded under this section, and on an annual basis thereafter, the Administrator shall submit to Congress a report containing—
(1) an identification of the grant recipients, a description of the projects to be funded and the amount of funding provided; and
(2) an identification of all other applicants that submitted applications under the program.
(Pub. L. 109–58, title VII, § 756, Aug. 8, 2005, 119 Stat. 829.)
heading: Editorial Notes
heading: References in Text
text: The Clean Air Act, referred to in subsec. (b)(1)(A)(i), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of this title and Tables.
heading: Codification
text: Section is comprised of section 756 of Pub. L. 109–58. Subsec. (c) of section 756 of Pub. L. 109–58 amended section 127 of Title 23, Highways.