Clean Air and Clean Energy Regulations and Legislation
The Obama Administration and the Democratic-controlled Congress have been pursuing initiatives supporting the “Greening of America” where three federal agencies, the Environmental Protection Agency (EPA), DOT and Housing and Urban Development (HUD) have teamed together. Certain "greening initiatives" could certainly impact the trucking industry.
The U.S. House of Representatives passed H.R. 2454, the American Clean Energy Security Act, more commonly referred to as either “Cap-&-Trade,” “Climate Change Legislation,” or “Waxman-Markey” (named after the sponsors of the legislation, Congressman Henry Waxman & Congressman Ed Markey). The bill passed by a razor-thin margin, 219-212. If signed into law the bill would set up a financial trading system that would allow businesses to sell and purchase credits as either good environmental stewards or polluters – in an effort to penalize polluters. Although mobile sources of pollution (trucks) were not technically a part of the legislation, OOIDA opposed this bill because of the strong likelihood that if passed, it would increase the cost of diesel fuel. In addition, none of the revenue that would be generated from a “Cap-&-Trade” system would be directed to support truckers or highway users by constructing new highways to ease congestion.
The American Power Act is nearly 1,000 pages in length and focuses on cleaning the environment (reducing our carbon emissions) starting with manufacturers, utilities (energy producers) and the transportation sector. And although OOIDA believes that our nation needs a comprehensive energy plan, it is our view that this proposal will penalize truckers with an increased cost of fuel at the pump. And although the bill would direct some revenue to highways and bridges we believe the costs outweigh the benefits.
Anti-idling laws
Anti-idling laws restricting the duration of time a trucker can leave the engine of a truck running while resting or waiting in the cab are unfortunately a confusing patchwork of various local regulations. As a trucker travels from one end of the country to the other, he or she may not know the idling laws in each locality and oftentimes is awakened in the middle of the night with a knock on the window by law enforcement personnel asking to have the truck turned off. This scenario can result in a fine for the driver as well, regardless of who owns the truck.
To stem the tide of state and local restrictions on idling, OOIDA has worked with the EPA to help develop a model idle law, which would be a federal regulation that would supersede state and local regulations for interstate truckers. However, the chances of such legislation being enacted are slim to none since many localities have to comply with clean air regulations and believe that limiting truck idling in their area will help them reach their clean air “attainment” goals.
Auxiliary Power Units (APUs) and other idling reduction devices provide ways for a trucker to reduce idling time and comply with related laws. Even though the use of an APU can cut fuel consumption and costs considerably (idling a truck burns about 1 gallon of diesel fuel per hour, while using an APU burns about 1-1/2 gallons over an 8 hour period), they are a costly out-of-pocket expense of $8,000 to $12,000.
Emissions
Further complicating the trucking industry’s desire to be “Green” is the Environmental Protection Agency (EPA) emission requirement for heavy-duty diesel engines for model year 2010. As of January, diesel engine manufacturers have to comply with more stringent standards for the emission of Nitrogen Oxide (NOx). The cost of a new 2010 trucks is as much as $10,000 more per truck than 2007 trucks – the last model year in which there was an EPA emission requirement. There remains concern with the reliability and future maintenance costs of the technology being used to meet these new emission standards. And some engines will require the use of a Diesel Emission Fluid (DEF – a mixture of a petroleum product known as Urea). The Association is still not certain of the availability of this product in the marketplace.