CARB Proposes Amendment to ATCM Idling Regulations to Include Brokers
In 2005, the California Air Resources Board (CARB) approved a regulatory amendment to the Airborne Toxic Control Measure (ATCM) to further reduce emissions of toxics and criteria pollutants by limiting idling of new and in-use sleeper berth equipped diesel trucks. The new engine requirements require 2008 and newer model year heavy-duty diesel engines on any diesel-fueled commercial motor vehicle that operates in the State of California with a gross vehicular weight of greater than 10,000; to be equipped with a non-programmable engine shutdown system that automatically shuts down the engine after five minutes of idling or optionally meet a stringent oxides of nitrogen idling emission standard.
The in-use truck requirements mandate operators of both in-state and out-of-state registered sleeper berth equipped trucks to manually shut down their engine when idling more than five minutes at any location within California beginning in 2008.
Specifically, the regulation stated that: the driver shall not idle the vehicle’s primary diesel engine for greater than five minutes at any location or 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 five minutes at any location when within 100 feet of a restricted area. Furthermore, the regulation requires drivers to operate compliant post 2007 APS units or retrofit with alternative technologies. In terms of responsibility, currently the vehicle drivers, not the owner of the vehicles are being held liable for an infraction. An additional amendment hold the vehicle owner not the driver liable.
At the March 11th ATCM public workshop, CARB staff announced that the board would be conside ring in October a proposed regulatory amendment, that would hold California-based brokers, shippers, and receivers responsible for violations of the idling regulations. CARB staff has promulgated that a broker that hires a carrier and the carrier’s driver violates the idling regulations, CARB will notified the broker of the violation. If the broker hires a driver who has not settled a violation, the broker can be fined at least $100 per incident. The broker can contact the CARB enforcement officials to check the compliance of a driver employed by a carrier. CARB hopes to develop an online database, where brokers can search for compliant drivers/carriers.
