Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Purpose. The purpose of
this airborne toxic control measure is to reduce public exposure to diesel
particulate matter and other air contaminants by establishing idling
restrictions, emission standards, and other requirements for heavy-duty diesel
engines and alternative idle reduction technologies to limit the idling of
diesel-fueled commercial motor vehicles.
(b)
Applicability. This
section applies to any person, business, or government agency that owns,
operates, or causes to operate the equipment listed below, at any location in
California:
(1) diesel-fueled commercial
motor vehicles that operate in the State of California with gross vehicle
weight ratings of greater than 10,000 pounds that are or must be licensed for
operation on highways. This specifically includes:
(A) California-based vehicles; and
(B) Non-California-based vehicles;
and
(2) alternative idle
reduction technologies including but not limited to internal combustion engine
auxiliary power systems (APS), fuel-fired heaters, battery-electric APSs, and
other technologies installed on diesel-fueled commercial motor
vehicles.
(c)
Requirements.
(1)
Idling Restriction:
(A)
Between February 1, 2005 through December 31, 2014, the driver of any vehicle
subject to this section shall comply with the following requirements, except as
noted in subsection (d) below:
1. The driver
shall not idle the vehicle's primary diesel engine for greater than 5.0 minutes
at any location.
2. The driver
shall not operate a diesel-fueled auxiliary power system (APS) to power a
heater, air conditioner, or any ancillary equipment on that vehicle during
sleeping or resting in a sleeper berth for greater than 5.0 minutes at any
location when within 100 feet of a restricted area.
(B) Except as provided in subsection (d)
below, on or after January 1, 2015, any person that owns, operates, or causes
to operate any diesel-fueled commercial motor vehicle subject to the
requirements of this section shall comply with the following requirements:
1. No vehicle subject to this section shall
idle for more than 5 consecutive minutes at any location.
2. No diesel-fueled APS subject to this
section shall be operated for greater than 5 minutes at any location when
within 100 feet of a restricted area.
(C) On or after January 1, 2015, the driver
of a vehicle subject to the requirements of this section must, upon request,
provide the following information to authorized enforcement personnel:
1. driver's license;
2. vehicle registration; and
3. motor carrier's information set forth in
subsection(c)(1)(D), below.
(D) On or after January 1, 2015, a motor
carrier that dispatches a vehicle subject to the requirements of this section
must provide the following information to a dispatched driver:
1. motor carrier's business name
2. motor carrier's street address, state, zip
code;
3. motor carrier contact
person's name; and
4. motor carrier
contact person's business phone number.
(2)
Use of Alternative
Technologies.(A) Between January 1,
2008 through December 31, 2014, the driver shall not operate an internal
combustion APS on any vehicle equipped with a 2007 and subsequent model year
primary diesel engine unless the vehicle is:
1. equipped with an APS meeting the emissions
performance requirements found in subsection (c)(3)(A), below; and
2. the vehicle is equipped with a label
meeting the requirements pursuant to section 35.B.4 of the "California Exhaust
Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty
Diesel Engines and Vehicles," as incorporated by reference in title 13, CCR,
section 1956.8(b).
(B) Between January 1, 2008 through December
31, 2014, the driver shall not operate a fuel-fired heater on any vehicle
equipped with a 2007 and subsequent model year primary diesel engine unless the
fuel-fired heater meets the emissions performance requirements found in
subsection (c)(3)(B), below;
(C)
Between January 1, 2008 through December 31, 2014, the driver of a vehicle
equipped with a 2006 or older model year primary diesel engine may use and
operate in California any certified internal combustion APS with or without the
additional PM control specified in subsection (c)(3)(A)1. or any other
certified alternative idle reduction technology. In addition, the APS or idle
reduction technology used or operated on such a vehicle is exempt from the
requirements specified in subsection (c)(3), below.
(D) Except as provided in subsection (d)
below, on or after January 1, 2015, any person who owns or operates any vehicle
equipped with an alternative technology subject to the requirements of this
section shall comply with the following requirements:
1. No internal combustion APS installed on
any vehicle equipped with a primary diesel engine certified to the 2007 and
subsequent model year engine standards set forth in title 13, CCR, section
1956.8, shall be operated at any
location in California unless:
a. the APS is
verified to comply with the emission performance requirements found in
subsection (c)(3)(A), below; and
b.
the vehicle is equipped with a label for a verified APS meeting the
requirements set forth in section 35.B.4 of the "California Exhaust Emission
Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel
Engines and Vehicles," as last amended on October 21, 2014, which is
incorporated by reference herein.
2. No fuel-fired heater installed on any
vehicle equipped with a primary diesel engine certified to the 2007 and
subsequent model year engine standards set forth in title 13, CCR, section
1956.8, shall be operated at any
location in California unless the fuel-fired heater meets the emission
performance requirements found in subsection (c)(3)(B), below;
3. Any internal combustion APS equipped with
a California or federally certified off-road engine or any other certified
alternative idle reduction technology may be installed and operated on a
vehicle equipped with a primary diesel engine certified to the 2006 or older
model year engine standards set forth in title 13, CCR, section
1956.8. In addition, the APS or
idle reduction technology used or operated on such a vehicle is exempt from the
requirements specified in subsection (c)(3),
below
(3)
Idle Reduction Technology Compliance Requirements. As an
alternative to idling the primary engine, diesel-fueled engines/vehicles may,
as an option, be equipped with alternative technologies, as listed and defined
below in subsections (c)(3)(A), (c)(3)(B), and (c)(3)(C). If so equipped, these
technologies are subject to the following requirements:
(A)
Internal Combustion APS.
1. In order to operate in California, an APS
utilizing an internal combustion engine must comply with applicable California
off-road and/or federal non-road emission standards and test procedures for its
fuel type and power category. In addition, diesel-fueled APSs installed on
vehicles equipped with primary engines certified to the 2007 and subsequent
model year heavy-duty diesel engine standards, pursuant to section
of title
131956.8(a)(2)(A) of title
13, CCR, shall either,
a. be equipped with a
verified Level 3 in-use strategy for particulate matter control (see title 13,
CCR, sections
2700 to
2710), or
b. have its exhaust routed directly into the
vehicle's exhaust pipe, upstream of the diesel particulate matter
aftertreatment device, or
c. be
certified to the 0.02 g/kW-hr PM emission standard specified in title 23, CCR,
section 2423(n) and must
comply with the requirements of title 13, CCR, sections
2420 to
2427.
2. With advance Executive Officer approval, a
certifying/verifying APS manufacturer may petition for an alternate compliance
strategy other than described in (A)1.
a.
or
b. in this subsection above.
However, this provision is limited to manufacturers that can demonstrate, to
the satisfaction of the Executive Officer, that their alternative strategy is
equivalent (or "cleaner"), from an emissions standpoint, compared to the
requirement described in (A)1.a. or b. in this subsection above. As an example,
strategies that can use the available electric power infrastructure, instead of
solely operating a diesel-fueled APS for engine and/or cab heating and cooling,
may be able to use such a strategy to demonstrate compliance with these
requirements.
(B)
Fuel-Fired Heaters.
Fuel-fired heaters must comply with the applicable California emission
standards and test procedures as specified in the Low Emission Vehicle program
requirements found in title 13, CCR, subsections
1961(a)(15) and
(d), or in Part I.E.1.13 of the "California
2001 through 2014 Model Criteria Pollutant Exhaust Emission Standards and Test
Procedures and 2009 through 2016 Model Greenhouse Gas Exhaust Emission
Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and
Medium-Duty Vehicles," as incorporated by reference in title 13, CCR, section
1961(d). However,
the specified requirement that limits fuel-fired heaters from being operated
above 40°F does not apply.
(C)
Other Idle Reduction Technologies. Other technologies that
will reduce idling emissions may also be used, including the use of batteries,
fuel cells, power inverter/chargers for on-shore electrical power, onshore
electric power infrastructure also known as truck stop electrification, and
other technologies that produce minimal or no emissions. With the exception of
battery and fuel cell powered APSs, power inverter/chargers, and electric power
infrastructure, the use of other technologies is subject to advance Executive
Officer approval and must be at least as effective in reducing idling emissions
as the technologies described in subsections (c)(3)(A), above, or the NOx
idling emission standard specified in title 13, CCR, section
1956.8(a)(6)(C).
The Executive Officer shall use good engineering judgment and test data to
determine if an idle reduction technology provides idling emission controls
equivalent to the standards specified in subsection (c)(3)(A) above, or in
title 13, CCR, section
1956.8(a)(6)(C).
(D)
Labeling Requirements.
2007 and subsequent model year commercial diesel vehicles equipped with an
internal combustion APS meeting the requirements specified in subsection
(c)(3)(A) shall have a label affixed to the hood of the vehicle to allow
operation of the APS in California. The labels shall meet the requirements
specified in section 35.B.4 of the "California Exhaust Emission Standards and
Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and
Vehicles," as incorporated by reference in title 13, CCR, section
1956.8(b).
(d)
Exceptions.
(1) Except when a vehicle is located within
100 feet of a restricted area, subsections (c)(1)(A)1 and (c)(1)(B)1 do not
apply, if the vehicle is equipped with
(A) a
primary diesel engine meeting the optional NOx idling emission standard
pursuant to title 13, CCR, section
1956.8(a)(6)(C);
and
(B) a label meeting the
requirements pursuant to section 35.B.4 of the "California Exhaust Emission
Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel
Engines and Vehicles," as incorporated by reference in title 13, CCR, section
1956.8(b).
(2) Subsection (c)(1) does not apply for the
period or periods during which
(A) a bus is
idling for
1. up to 10.0 minutes prior to
passenger boarding, or
2. when
passengers are onboard;
(B) prior to January 1, 2008, idling of the
primary diesel-engine is necessary to power a heater, air conditioner, or any
ancillary equipment during sleeping or resting in a sleeper berth. This
provision does not apply when operating within 100 feet of a restricted
area;
(C) idling when the vehicle
must remain motionless due to traffic conditions, an official traffic control
device, or an official traffic control signal over which the driver has no
control, or at the direction of a peace officer, or operating a diesel-fueled
APS or other device at the direction of a peace officer;
(D) idling when the vehicle is queuing that
at all times is beyond 100 feet from any restricted area;
(E) idling of the primary diesel engine,
operating a diesel-fueled APS, or operating other devices when forced to remain
motionless due to immediate adverse weather conditions affecting the safe
operation of the vehicle or due to mechanical difficulties over which the
driver has no control;
(F) idling
to verify that the vehicle is in safe operating condition as required by law
and that all equipment is in good working order, either as part of a daily
vehicle inspection or as otherwise needed, provided that such engine idling is
mandatory for such verification;
(G) idling of the primary diesel engine,
operating a diesel-fueled APS, or operating other devices is mandatory for
testing, servicing, repairing, or diagnostic purposes, including regeneration
or maintenance of the exhaust emission control device during engine idling when
the dashboard indicator light, if so equipped, is illuminated indicating that
regeneration or maintenance is in progress;
(H) idling when positioning or providing a
power source for equipment or operations, other than transporting passengers or
propulsion, which involve a power take off or equivalent mechanism and is
powered by the primary diesel engine for:
1.
controlling cargo temperature, operating a lift, crane, pump, drill, hoist,
mixer (such as a ready mix concrete truck), or other auxiliary
equipment;
2. providing mechanical
extension to perform work functions for which the vehicle was designed and
where substitute alternate means to idling are not reasonably available;
or
3. collection of solid waste or
recyclable material by an entity authorized by contract, license, or permit by
a school or local government;
(I) idling of the primary diesel engine,
operating a diesel-fueled APS, or operating other devices when operating
defrosters, heaters, air conditioners, or other equipment solely to prevent a
safety or health emergency;
(J)
idling of the primary diesel engine, operating a diesel-fueled APS, or
operating other devices by authorized emergency vehicles while in the course of
providing services for which the vehicle is designed;
(K) idling of military tactical vehicles
during periods of training, testing, and deployment;
(L) idling when operating equipment such as a
wheelchair or people assist lift as prescribed by the Americans with
Disabilities Act;
(M) idling of
armored cars in the course of providing services for which the vehicle is
designed; and
(N) idling of
workover rigs while performing work for which the vehicle is
designed.
(e)
Relationship to Other Law. Nothing in this section allows
idling in violation of other applicable law, including, but not limited to:
(1) California Vehicle Code section
22515;
(2) title 13, CCR, section
2480;
(3) title 13, CCR, section
1956.8
(4) California Health and Safety Code section
40720;
or
(5) any applicable ordinance,
rule, or requirement as stringent as, or more stringent than, this
section.
(f)
Enforcement. This section may be enforced by the Air Resources
Board; peace officers as defined in California Penal Code, title 3, chapter
4.5, Sections 830 et seq. and their respective law enforcement agencies'
authorized representatives; and air pollution control or air quality management
districts.
(g)
Penalties. For violations of subsection (c)(1), (c)(2) or
(c)(3), that occur prior to January 1, 2015, the driver of a subject vehicle is
subject to a minimum civil penalty of 300 dollars and to criminal penalties as
specified in the Health and Safety Code and the Vehicle Code.
On or after January 1, 2015, any person who violates any
requirement of this section is subject to the penalties set forth in California
Health and Safety Code sections
39674,
39675,
42400,
42400.1,
42400.2,
42400.3,
42402,
42402.1,
42402.2,
42402.3,
42402.4,
42403.5,
and
42410
and
43704.
(h)
Definitions.
The following definitions apply to this section:
(1) "Armored car" is as defined in California
Vehicle Code section
115
(2) "Authorized emergency vehicle" is as
defined in California Vehicle Code section
165.
(3) "Auxiliary power system" or "APS" means
any device that is permanently dedicated to the vehicle on which it is
installed and provides electrical, mechanical, or thermal energy to the primary
diesel engine, truck cab and/or sleeper berth, bus's passenger compartment or
any other commercial vehicle's cab, as an alternative to idling the primary
diesel engine.
(4) "Bus" means any
vehicle defined in title 13, CCR, section
2480, subsections (h) (13)-(16),
inclusive or as defined in the California Vehicle Code section
233.
(5) "Child care facility" is a facility that
meets the definition of a "child day care facility" in Health and Safety Code
section
1596.750
and that is subject to the requirements of Health and Safety Code sections
1596.7 to
1597.71.
(6) "Commercial Motor Vehicle" means any
vehicle or combination of vehicles defined in California Vehicle Code section
15210(b)
and any other motor truck or bus with a gross vehicle weight rating of 10,001
pounds or more, except the following:
(A) a
zero emission vehicle; or
(B) a
pickup truck as defined in California Vehicle Code section
471.
(7) "Driver" is as defined in California
Vehicle Code section
305.
(8) "Executive Officer" means the Executive
Officer of the California Air Resources Board or his or her delegate.
(9) "Fuel-fired heater" means a fuel burning
device that creates heat for the purpose of (1) warming the cab or sleeper
berth compartment of a vehicle or (2) warming the engine oil and/or coolant for
easy start-up of the vehicle's engine but does not contribute to the propulsion
of the vehicle.
(10) "Gross vehicle
weight rating" is as defined in California Vehicle Code section
350.
(11) "Highway" is as defined in California
Vehicle Code section
360.
(12) "Idling" means the vehicle engine is
running at any location while the vehicle is stationary.
(13) "Motor Carrier" means a person providing
transportation of goods or passengers for compensation.
(14) "Motor truck" or "motortruck" means a
motor vehicle designed, used, or maintained primarily for the transportation of
property.
(15) "Official traffic
control device" is as defined in California Vehicle Code section
440.
(16) "Official traffic control signal" is as
defined in California Vehicle Code section
445.
(17) "Owner" means the person or persons
registered as the owner of the vehicle by the California Department of Motor
Vehicles or its equivalent in another state, province, or country (presumed at
the time of violation to be the person or persons identified as the owner on
the registration document or title carried on the vehicle). For the purposes of
this section, the definition of an owner excludes a lessor or a renter who
leases or rents vehicles without a driver for a fixed rate or price, and does
not operate or permit to operate the vehicle at the time of
violation.
(18) "Person" means an
individual, corporation, business trust, estate, trust, partnership, limited
liability company, association, joint venture, government, governmental
subdivision, agency, instrumentality, public corporation, or any other legal or
commercial entity.
(19) "Primary
diesel engine" means the diesel-fueled engine used for vehicle
propulsion.
(20) "Queuing" means
(A) through (C)
(A) the intermittent starting and stopping of
a vehicle;
(B) while the driver, in
the normal course of doing business, is waiting to perform work or a service;
and
(C) when shutting the vehicle
engine off would impede the progress of the queue and is not
practicable.
(D) Queuing does not
include the time a driver may wait motionless in line in anticipation of the
start of a workday or opening of a location where work or a service will be
performed.
(21)
"Restricted area" means any real property zoned for individual or multifamily
housing units, schools, hotels, motels, hospitals, senior care facilities or
child care facilities, that has one or more of such units on it.
(22) "Safety or health emergency" means:
(A) a sudden, urgent, or usually unforeseen,
occurrence; or
(B) a foreseeable
occurrence relative to a medical or physiological
condition.
(23) "Senior
care facility" is a facility that meets the definition of "residential care
facility for the elderly" in Health and Safety Code section
1569.2(k)
and that is subject to the requirements of the California Residential Care
Facilities for the Elderly Act (Health and Safety Code sections 1569 to
1569.889).
(24) "Sleeper berth" is
as defined in title 13, CCR, section
1265.
(25) "Vehicle" is as defined in the
California Vehicle Code section
670.
(26) "Workover rig" is as defined in section
of title
132449 of title 13, CCR.
(i)
Severability.
If any section, paragraph, subparagraph, sentence, clause,
phrase, or portion of the section is, for any reason, held invalid,
unconstitutional, or unenforceable by any court of competent jurisdiction, such
portion shall be deemed as a separate, distinct, and independent provision, and
such holding shall not affect the validity of the remaining portions of this
section.
1. New
section filed 1-27-2005; operative 2-1-2005 pursuant to Government Code section
11343.4 (Register 2005, No. 4).
2. Amendment filed 10-16-2006;
operative 11-15-2006 (Register 2006, No. 42).
3. Change without
regulatory effect amending subsection (g) and NOTE filed 3-4-2008 pursuant to
section 100, title 1, California Code of
Regulations (Register 2008, No. 10).
4. Amendment of subsections
(d)(2)(K)-(L), new subsections (d)(2)(M)-(N), (h)(1) and (h)(21) and subsection
renumbering filed 12-3-2009; operative 12-3-2009 pursuant to Government Code
section 11343.4(c) (Register 2009, No. 49).
5. Amendment of section
and NOTE filed 12-5-2014; operative 12-5-2014 pursuant to Government Code
section 11343.4(b)(3) (Register 2014, No. 49).
6. Editorial
correction of HISTORY 5 (Register 2014, No. 50).
7. Repealer of
subsections (h)(8)-(10) and subsection renumbering filed 7-25-2016; operative
7-25-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No.
31).
8. New subsection (c)(A)1.c. filed 12-22-2021; operative
4-1-2022 (Register 2021, No. 52). Transmission deadline specified in Government
Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order
N-40-20. Filing deadline specified in Government Code section 11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order
N-71-20.
Note: Authority cited: Sections 39600, 39601,
39614(b)(6)(A), 39658, 39667, 43000.5(d), 43013(b), 43013(h), 43018(b) and
43018(c), Health and Safety Code; and Western Oil & Gas Assn. v. Orange
County Air Pollution Control Dist. (1975), 14 Cal.3d.411. Reference: Sections
39002, 39003, 39027, 39500, 39600, 39650, 39655, 39656, 39657, 39658, 39659,
39662, 39665, 39674, 39675, 42400, 42400.1, 42400.2, 42400.3, 42402, 42402.1,
42402.2, 42402.3, 42402.4, 42403.5, 42410, 43013, 43018 and 43704, Health and
Safety Code; Sections 305, 336, 350, 440, 445, 545, 546, 642, 680, 21400,
22452, 22515, 27153, 40001 and 40001(b)(5), California Vehicle Code; and
Sections 1201,
1900,
1962 and
2480, Title 13, California Code of
Regulations.
