EPA Publishes Final Rule on Implementing New Rules in Kansas on Idle Reduction of Heavy-Duty Diesel Vehicles and Reduction of Nitrogen Oxides Emissions
On Wednesday, February 20th, the U.S. Environmental Protection Agency (EPA) published a final rule approving the revisions to the Kansas State Implementation Plan (SIP). The revision includes two new rules which implement restrictions on the idling of heavy duty diesel vehicles and reduce nitrogen oxide (NOx) emissions at stationary sources in the Kansas portion of the Kansas City Maintenance Area for ozone.
The Kansas City Eight-Hour Ozone Maintenance Plan, approved on October 9, 2007 contains contingency measures that are triggered upon violation of the 1997 8-hour ozone national ambient air quality standard. A violation occurred and thus triggered the adoption of these rules.
The contingency language limits the amount of time a heavy-duty diesel vehicle in Johnson and Wyandotte Counties in Kansas will be permitted to idle while parked or while waiting to load or unload. It also places responsibilities on freight load or unload locations to limit the idling of heavy-duty vehicles while at those locations. Specifically, the language limits the idling times to five minutes idling time (when a vehicle’s engine is operating and not in gear) and thirty minutes idling time when loading or unloading.
This rule applies to owner or operators of commercial, public or institutional heavy-duty diesel vehicles of greater than 14,001 pounds that are designed primarily to transport passengers or property on public streets and highways and any loading and unloading location.
There are certain exemptions including: safety enforcement vehicles, law enforcement, agricultural vehicles, armored vehicles, bus idling for passenger comfort, and idling for purposes of using sleeper berth compartments.
The state of Kansas has statutory authority to impose fines up to $10,000 of those entities to which the rule applies. Brokers and forwarders are not responsible to certify the amount of idling time a heavy-duty vehicle and therefore cannot be held liable.
