5553170 Environment, District Department of the - Notice of Proposed Rulemaking and Public Hearing - Non Road Diesel Equipment Anti-Idling

DISTRICT DEPARTMENT OF THE ENVIRONMENT

 

NOTICE OF PROPOSED RULEMAKING AND PUBLIC HEARING

 

NONROAD DIESEL EQUIPMENT ANTI-IDLING

 

The Director of the District Department of the Environment (DDOE or Department), pursuant to the authority set forth in Sections 5 and 6(b) of the District of Columbia Air Pollution Control Act of 1984, effective March 15, 1985, as amended (D.C. Law 5-165; D.C. Official Code §§ 8-101.05 and 8-101.06(b) (2013 Repl.)); Sections 107(4) and 110 of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §§ 8-151.07(4) and 8-151.10 (2013 Repl.)); and Mayor’s Order 2006-61, dated June 14, 2006, hereby gives notice of the intent to adopt amendments to Chapter 9 (Air Quality – Motor Vehicular Pollutants, Lead, Odors, and Nuisance Pollutants) of Title 20 (Environment) of the District of Columbia Municipal Regulations (DCMR) in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.  

 

Further, these rules shall not become effective until approved by the Council of the District of Columbia, or forty-five (45) days after submission to the Council, not including Saturdays, Sundays, legal holidays, and days of Council recess, if the Council has not disapproved these rules.

 

This rulemaking action proposes to reduce diesel engine emissions that result from unnecessary idling and conserve fuel used by nonroad diesel engines.  A nonroad diesel engine subject to this regulation is operated for purposes including, but not limited to, the following: construction, landscaping, recycling, landfilling, manufacturing, warehousing, composting, moving ground support equipment at airports or heliports, industrial activities, and other operations.  The rulemaking adds detail to the District’s existing mobile source idling policy.

 

The proposed rulemaking is modeled after a rule drafted by the Ozone Transport Commission (OTC). OTC is a multi-state organization created under the federal Clean Air Act (CAA) (42 U.S.C. §§ 7401–7626) that is responsible for advising the U.S. Environmental Protection Agency (EPA) on transportation of ozone pollution across state lines. OTC also develops and implements regional solutions to the ground-level ozone problem in the Northeast and Mid-Atlantic regions.  Other OTC states that have similar nonroad idling limits include Connecticut, Massachusetts, New Jersey, and Rhode Island.

 

Diesel engines emit particulate matter (soot); oxides of nitrogen, which contribute to the formation of ground-level ozone (smog); hydrocarbons; hazardous air pollutants (air toxics); and black carbon.  The District is currently in nonattainment of the national ambient air quality standards (NAAQS) for ground-level ozone and fine particulate matter.  Such emissions can lead to serious health conditions such as asthma and allergies and can worsen heart and lung disease, especially in vulnerable populations such as children and the elderly.  They also damage plants, animals, crops, water resources, and the global climate.  Diesel exhaust was classified by EPA as a “likely human carcinogen” in 2002, and by the International Agency for Research on Cancer (IARC) as being “carcinogenic to humans” in June 2012[1]. 

 

Unnecessary idling wastes fuel and increases maintenance requirements for all types of vehicles[2].  A large portion of idling is the result of personal habit.  It can be eliminated and result in significant fuel savings and reduced wear and tear on equipment.  Modern diesel equipment does not need to idle for more than three (3) minutes to warm up, unless specifically instructed otherwise by the equipment manufacturer[3].  Shutting off and turning on the engine does not result in engine damage or increased wear as long as the engine manufacturer’s recommendations regarding warm-up and cool-down time are followed[4].

 

The idling limitations are not intended to limit the functions of a vehicle or business.  The proposed rulemaking explicitly grants exemptions to the idling limit and will allow the Department to consider other circumstances on a case-by-case basis.  Multiple parties such as owners, operators, lessees, or permit holders for activities for which nonroad diesel equipment is being operated may be held liable for the same violation.  The regulation does not grant exemptions for Tier 4 engines that meet EPA engine and fuel control limits using advanced emission control technologies. Stationary generators that may need air permits and their operation are not covered by this proposed regulation.

 

While the proposed rulemaking does not require a written idling policy, the Department does recommend that owners and operators of nonroad diesel equipment have a written idling policy in order to keep employees informed about the rule.  By having a written company idling policy, it will be easier for a company to ensure that employees do not violate anti-idling regulations.

 

Information on how to identify types of nonroad diesel equipment or locate serial numbers on nonroad diesel equipment can be found on EPA’s website at:

http://epa.gov/cleandiesel/documents/420b10025.pdf.

 

This rulemaking action also proposes to add a definition for “power take-off equipment” to § 999.1.  Once finalized, this regulation will be submitted to EPA as a revision to the District’s federally enforceable State Implementation Plan (SIP).

 

Notice is hereby given that a public hearing will be held on Tuesday, August 18, 2015, at 5:00 p.m. in Room 555 at 1200 First Street, N.E., 5^th Floor, in Washington, D.C. The Department will host this meeting to allow concerned stakeholders to provide additional feedback on the draft regulations on June 30, 2015.  This public outreach meeting will provide interested parties an opportunity to comment on the proposed regulations in an informal setting.

Chapter 9, AIR QUALITY – MOTOR VEHICULAR POLLUTANTS, LEAD, ODORS, AND NUISANCE POLLUTANTS, of Title 20 DCMR, ENVIRONMENT, is amended as follows:

 

Section 900, ENGINE IDLING, is amended as follows:

 

By amending the title of the section to read:

 

900                  ONROAD ENGINE IDLING AND NONROAD DIESEL ENGINE IDLING

 

By adding Subsections 900.2 through 900.4 to read:

 

900.2               No person owning, operating, leasing, or having control over a nonroad diesel engine, or the holder of the permit for the activity for which the nonroad diesel engine is being operated, shall cause or allow the idling of a nonroad diesel engine under its control or on its property for more than three (3) consecutive minutes.

 

900.3               Subsection 900.2 does not apply to locomotives, generator sets used on locomotives, marine vessels, recreational vehicles, farming equipment, military equipment when it is being used during training exercises, emergency or public safety situations, or any private use of a nonroad diesel engine that is not for compensation.

 

900.4               The idling limit in Subsection 900.2 does not apply to:

 

(a)        Idling necessary to ensure the safe operation of the equipment and safety of the operator, including idling to verify that the equipment is in good working order, or other conditions specified by the equipment manufacturer in the manual or other technical document accompanying the nonroad diesel engine;

 

(b)        Idling for testing, servicing, repairing, or diagnostic purposes, including regeneration of a diesel particulate filter, in accordance with the equipment manufacturer manual or other technical document accompanying the nonroad diesel engine;

 

(c)        Idling for less than fifteen (15) minutes when queuing (i.e., when nonroad diesel equipment, situated in a queue of other vehicles, must intermittently move forward to perform work or a service), not including the time an operator 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.

 

(d)       Idling by any nonroad diesel engine being used in an emergency or public safety capacity;

 

(e)        Idling for a state or federal inspection to verify that all equipment is in good working order, if idling is required as part of the inspection; and

 

(f)        Idling for up to five (5) consecutive minutes to operate heating equipment when the ambient air temperature is thirty-two degrees Fahrenheit (32ºF) or below.

           

999                                    DEFINITIONS is amended as follows:

 

By amending the definition of “motor vehicle” to read:

 

Motor vehicle – any motor vehicle, as defined in § 1(a) of title IV of the District of Columbia Revenue Act of 1937, approved August 17, 1937 (50 Stat. 679; D.C. Official Code § 50-1501.01).

 

By amending the text in Subsection 999.1 to read:

 

999.1               When used in this chapter, the following terms shall have the meanings ascribed:

 

By adding the following definitions:

 

Diesel fuel – any petroleum- or biomass-based liquid fuel intended for use in the diesel engine of a highway or motor vehicle, nonroad vehicle, or piece of nonroad equipment.

 

Farming equipment – any appliance used directly and principally for the purpose of producing agricultural products, including horticultural products, for sale and use or consumption off the premises. This definition includes any equipment or machinery used primarily in preparation of land, planting, raising, cultivating, irrigating, harvesting, or placing in storage of farm crops. This definition also includes any equipment or machinery used primarily for the purpose of feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or bees, or for dairying and the sale of dairy products. This definition also includes any equipment or machinery used primarily in any other agricultural or horticultural use or animal husbandry or any combination thereof.

 

Idling – running the engine of nonroad equipment or a motor vehicle while the nonroad equipment or motor vehicle is not moving and for purposes of a nonroad diesel engine, the equipment is not utilized in whole or in part for the necessary and work-related mechanical or electrical operation for which it was designed.

 

Locomotive – a self-propelled diesel-powered vehicle, for pulling or pushing freight or passenger cars on railroad tracks.

 

Marine vessel – any diesel-powered vehicle that is used or capable of being used as a means of transportation on water except amphibious vehicles.

 

Military equipment – equipment that meets military specifications, is owned by the U.S. Department of Defense or the U.S. military services or its allies, and is used in combat, combat support, combat service support, tactical or relief operations or training for such operations.

 

Nonroad diesel engine – any internal combustion engine that utilizes diesel fuel as its fuel source:

 

(a)                In or on a piece of equipment that is self-propelled or serves a dual purpose by both propelling itself and performing another function (e.g., garden tractors, off-highway mobile cranes, and bulldozers);

 

(b)               In or on a piece of equipment that is intended to be propelled while performing its function (e.g., lawnmowers and string trimmers); or

 

(c)                That, by itself or on a piece of equipment, is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indications of transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform; and

 

(d)               Unless:

 

(i)         The engine is used to propel a motor vehicle or a vehicle solely for competition, or is subject to standards promulgated under Section 202 of the Clean Air Act;

 

(ii)        The engine is regulated by a federal New Source Performance Standard promulgated under Section 111 of the Clean Air Act; or

 

(iii)       The engine otherwise included in paragraph (c) of this definition remains or will remain at a location for more than twelve (12) consecutive months or a shorter period of time for an engine located at a seasonal source. A location is any single site at a building, structure, facility, or installation. Any engine(s) that replaces an engine(s) at a location and that is intended to perform the same or similar function as the engine replaced will be included in calculating the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasonal source is a stationary source that remains in a single location on a permanent basis (i.e., at least two (2) years) and that operates at that single location approximately three months (or more) each year. This paragraph does not apply to an engine after the engine is removed from the location.

 

Nonroad equipment – a piece of equipment that is powered by a nonroad diesel engine.

 

Power take-off equipment – a semi-permanently mounted system on a vehicle, separate from the vehicle engine, that is used to transmit power to a secondary implement or accessory.

 

Recreational vehicle – any mechanically propelled vehicle used for pleasure or recreational purposes running on rubber tires, belts, cleats, tracks, skis or cushion of air and dependent on the ground or surface for travel, or other unimproved terrain whether covered by ice or snow or not, where the operator sits in or on the vehicle. This definition includes snowmobiles, all-terrain vehicles (ATVs), nonroad motorcycles, or any other legally registered motor vehicle when used for nonroad recreational purposes.

 

Public Participation

 

Comments on these proposed rules must be submitted, in writing no later than thirty (30) days after the date of publication of this notice in the D.C. Register to Ms. Jessica Daniels, District Department of the Environment, Air Quality Division, 1200 First Street, NE, 5^th Floor, Washington, D.C. 20002 or sent electronically to [e-mail]. Copies of the proposed rule may be obtained between the hours of 9:00 A.M. and 5:00 P.M. at the address listed above for a small fee to cover the cost of reproduction or on-line at http://ddoe.dc.gov.

 

All comments will be treated as public documents and may be made available for public viewing on the Department’s website. When the Department identifies a comment containing copyrighted material, the Department will provide a reference to that material on the website. The Department will look for the commenter’s name and address on the comment. If a comment is sent by electronic mail (“email”), the email address will be automatically captured and included as part of the comment that is placed in the public record to be made available on the Department’s website. If the Department cannot read a comment due to technical difficulties, and the email address contains an error, the Department may not be able to contact the commenter for clarification and may not be able to consider the comment. Including the commenter’s name and contact information in the comment will avoid this difficulty.

 

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[1] Presentation by Chad Bailey, U.S. Environmental Protection Agency’s Office of Transportation and Air Quality (OTAQ), found at: http://www.epa.gov/cleandiesel/documents/diesel-health-issues-5-21-14.pdf (May 21, 2014).

[2] Gaines, Linda, et. al. “To Idle or Not To Idle: That Is the Question,” Argonne National Laboratory, found at:

http://www.transportation.anl.gov/pdfs/EE/642.PDF (August 2014).

[3] Taylor, G. W. (2003). Review of the Incidence, Energy Use and Costs of Passenger Vehicle Idling (page 3-5), Office of Energy Efficiency, Natural Resources Canada, found at:

http://www.pgairquality.com/uploads/files/pdf/NRCAN2003-Reviewofthe%20ncidence_EnergyUse_CostsofPassengerVehicleIdling.pdf (August 7, 2014).

[4]  Ibid (page 4-10).