42 U.S.C. § 16104 — Reduction 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
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 an integrated system that provides heat, air conditioning, engine warming, or electricity to components on a heavy-duty vehicle, 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.
In this section:
The term “Administrator” means the Administrator of the Environmental Protection Agency.
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.
The term “auxiliary power unit” means an integrated system that—
provides heat, air conditioning, engine warming, or electricity to components on a heavy-duty vehicle; and
is certified by the Administrator under part 89 of title 40, Code of Federal Regulations (or any successor regulation), as meeting applicable emission standards.
The term “heavy-duty vehicle” means a vehicle that—
has a gross vehicle weight rating greater than 8,500 pounds; and
is powered by a diesel engine.
The term “idle reduction technology” means an advanced truck stop electrification system, auxiliary power unit, or other technology that—
is used to reduce long-duration idling; and
allows for the main drive engine or auxiliary refrigeration engine to be shut down.
the 1 term “energy conservation technology” means any device, system of devices, or equipment that improves the fuel economy.
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.
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.
Not later than 90 days after August 8, 2005, the Administrator shall—
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
update those models as the Administrator determines to be appropriate; and
commence a review of the emission reductions achieved by the use of idle reduction technology; and
complete such revisions of the regulations and guidance of the Environmental Protection Agency as the Administrator determines to be appropriate.
Not later than 180 days after August 8, 2005, the Administrator shall—
complete the reviews under subparagraphs (A)(i) and (B)(i) of paragraph (1); and
prepare and make publicly available one or more reports on the results of the reviews.
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.
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.
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.
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.
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.
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.
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.
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—
truck stops;
rest areas;
border crossings;
ports;
transfer facilities; and
private terminals.
Not later than 180 days after August 8, 2005, the Administrator shall—
complete the study under subparagraph (A); and
prepare and make publicly available one or more reports of the results of the study.
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—
an identification of the grant recipients, a description of the projects to be funded and the amount of funding provided; and
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.)
- 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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