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

submitted 21 years ago by Pub. L. 109-58 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 934 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law funds efforts to cut long-duration idling of heavy trucks and locomotives. The EPA must review its emissions models, study idling technology, and launch a deployment program. It authorized tens of millions of dollars for 2006 through 2008, split between trucks and locomotives.

(a) Definitions. "Administrator" is the EPA Administrator. An "advanced truck stop electrification system" is a stationary system that supplies heat, air conditioning, electricity, or communications to a heavy-duty vehicle and its occupants — with or without using equipment mounted on the vehicle — and that can prove and record that it was used. An "auxiliary power unit" is a combined system, mounted on a heavy-duty vehicle, that supplies heat, air conditioning, engine warming, or electricity, and that the Administrator has certified meets emissions standards under a specific EPA regulation. A "heavy-duty vehicle" is one rated over 8,500 pounds gross weight with a diesel engine. "Idle reduction technology" is an advanced truck stop electrification system, auxiliary power unit, or other technology used to cut long-duration idling by letting the main engine or a refrigeration engine shut off. "Energy conservation technology" is any device, system, or equipment that improves fuel economy. "Long-duration idling" means running the main engine or an auxiliary refrigeration engine for more than 15 straight minutes while the vehicle is not in gear — but it does not include idling caused by ordinary traffic stops or congestion. (b) Idle reduction technology benefits, programs, and studies. (1) Within 90 days of August 8, 2005, the Administrator had to start reviewing whether the EPA's mobile-source emissions models (used under the Clean Air Act) accurately capture emissions from long-duration idling, and update the models as needed; and start reviewing how much idle reduction technology actually cuts emissions, and revise EPA regulations and guidance as needed. (2) Within 180 days of August 8, 2005, the Administrator had to finish both reviews and make one or more public reports on the results. (3) Those reviews and reports could also cover the potential fuel savings from using idle reduction technology. (4) Idle reduction and energy conservation deployment program: Within 90 days of August 8, 2005, the Administrator, working with the Secretary of Transportation, had to use the EPA's SmartWay Transport Partnership to set up a program supporting the rollout of idle reduction and energy conservation technologies, prioritizing deployments based on cost, air-quality benefit, and ability to cut criteria pollutants. Congress authorized, for cutting extended idling from heavy-duty vehicles, $19,500,000 for 2006, $30,000,000 for 2007, and $45,000,000 for 2008; and for cutting extended idling from locomotives, $10,000,000 for 2006, $15,000,000 for 2007, and $20,000,000 for 2008. At least 50% of each project's direct costs must come from non-federal sources, though the Administrator can lower that requirement if needed to meet the program's goals. (5) Idling location study: Within 90 days of August 8, 2005, the Administrator, with the Secretary of Transportation, had to start a study of everywhere heavy-duty vehicles idle for long periods — truck stops, rest areas, border crossings, ports, transfer facilities, and private terminals. Within 180 days of August 8, 2005, the Administrator had to finish the study and publish one or more public reports on it. (c) Omitted. This subsection has been left out of the current text (it was removed or reclassified elsewhere). (d) Report. Within 60 days after the first grant funds go out under this section, and every year after that, the Administrator must report to Congress: who got grants, what projects the money funds, and how much funding each got; and who else applied but didn't get funded.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Pub. L. 109–58, title VII, § 756, Aug. 8, 2005, 119 Stat. 829.)

history & why it existsrecord from the source credit
  • 2005Enacted · Pub. L. 109-58 · 119 Stat. 829

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-58 on 2005-08-08.

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