42 U.S.C. § 16104: Reduction of engine idling

Summary

The EPA Administrator must do several reviews and start a program to cut long truck idling. First, within 90 days after August 8, 2005, the Administrator must review the EPA mobile-source emissions models to see if they show emissions from long-duration idling correctly, and update them if needed. The Administrator must also review how much pollution is cut by idle-reduction technology and update EPA rules or guidance as appropriate. Both reviews must be finished and public reports released within 180 days after August 8, 2005. The Administrator must, within 90 days after August 8, 2005 and working with the Secretary of Transportation, set up a SmartWay program to help install idle-reduction and fuel-saving technologies, giving priority to projects that cost less and improve air quality the most. The program may look at fuel savings from the technology. Key definitions: Administrator = EPA Administrator; advanced truck stop electrification system = stationary system that supplies heat, air conditioning, power, or communications to a heavy vehicle and can prove its use; auxiliary power unit = onboard system that supplies heat/AC/engine warming or electricity and is certified by EPA under part 89 of 40 C.F.R.; heavy-duty vehicle = diesel vehicle over 8,500 pounds GVWR; idle reduction technology = truck stop systems, auxiliary power units, or other tech that cuts long idling and lets the main or refrigeration engine be shut off; energy conservation technology = any device or system that improves fuel economy; long-duration idling = running a main or refrigeration engine more than 15 consecutive minutes while not in gear (not counting normal traffic stops). Funding authorized for the deployment program is $19,500,000 for FY2006, $30,000,000 for FY2007, and $45,000,000 for FY2008 for heavy-duty vehicles, and $10,000,000 for FY2006, $15,000,000 for FY2007, and $20,000,000 for FY2008 for locomotives. Projects must normally get at least 50% of their costs from non-Federal sources, though the Administrator can lower that requirement. The EPA must study where heavy vehicles idle (truck stops, rest areas, border crossings, ports, transfer facilities, private terminals), finish that study and report within 180 days after August 8, 2005, and send Congress a report within 60 days after funds are first awarded and each year showing grant winners, project descriptions, amounts, and all applicants.

Title 42, §16104

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Definitions

In this section: (1) Administrator (2) Advanced truck stop electrification system

(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 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.

Notes & Related Subsidiaries

Editorial Notes

References in 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. Codification 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.

§16104 Reduction of Engine Idling