Notice of Proposed Rule

DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO: RULE TITLE
62-285.420: Heavy-Duty Vehicle Idling Reduction
PURPOSE AND EFFECT: The purpose and effect of the proposed new rule section is to reduce emissions from unnecessary, long-duration diesel engine idling.
SUMMARY: The proposed rule addresses air pollution abatement from heavy-duty diesel vehicles.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 403.061 FS.
LAW IMPLEMENTED: 403.031, 403.061 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: June 19, 2008, 10:00 a.m., before the Environmental Regulation Commission (ERC). Any proposed amendment or other comments or objections should be presented in accordance with paragraph 62-110.103(2)(b), F.A.C.
PLACE: Florida Department of Environmental Protection, Douglas Building, Conference Room A, 3900 Commonwealth Boulevard, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Ms. Lynn Scearce at (850)921-9551. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mr. Larry George at (850)921-9555 or larry.george@dep.state.fl.us

THE FULL TEXT OF THE PROPOSED RULE IS:

62-285.420 Heavy-Duty Vehicle Idling Reduction.

(1) Applicability. This rule applies to any heavy-duty diesel engine powered motor vehicle. For the purposes of this rule:

(a) Heavy-duty diesel engine powered motor vehicle means a motor vehicle:

1. With a gross vehicle weight rating equal to or greater than 8,500 pounds;

2. Used on roads for the transportation of passengers or freight; and

3. Serving a commercial, governmental, or public purpose.

(b) Gross vehicle weight rating means the value specified by the manufacturer as the maximum design loaded weight of a single vehicle.

(2) Requirement. Owners or operators of heavy-duty diesel engine powered motor vehicles are prohibited from idling for more than five consecutive minutes. Idling is the continuous operation of a vehicle’s main drive engine while the vehicle is stopped.

(3) Exemptions. The idling restriction of subsection 62-285.420(2), F.A.C., shall not apply:

(a) To idling while stopped for traffic conditions over which the driver has no control, including being stopped for an official traffic control device or signal, in a line of traffic, at a railroad crossing, at a construction zone, or at the direction of law enforcement;

(b) To idling of buses 10 minutes prior to passenger loading and when passengers are onboard if needed for passenger comfort;

(c) To idling of an armored vehicle in which a person remains inside the vehicle while guarding the contents of the vehicle or while the vehicle is being loaded or unloaded.

(d) If idling is necessary for a police, fire, ambulance, public safety, military, or other vehicle being used in an emergency or training capacity;

(e) If idling is necessary 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 engine idling is mandatory for such verification;

(f) If idling is necessary to accomplish work for which the vehicle was designed, other than transporting goods, for example: operating a lift, crane, pump, drill, hoist, mixer, or other auxiliary equipment other than a heater or air conditioner;

(g) If idling is necessary to operate defrosters, heaters, air conditioners, or other equipment to prevent a safety or health emergency, but not solely for the comfort of the driver;

(h) To idling while the driver is sleeping or resting in a sleeper berth. This exemption expires at midnight September 30, 2013.

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061 FS. History–New________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Joseph Kahn, Director, Division of Air Resource Management
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Ms. Mimi Drew, Deputy Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 16, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 27, 2007