Control of Emissions From New Highway Vehicles and Engines: Approval of New Scheduled Maintenance for Selective Catalyst Reduction Technologies, 57671-57674 [E9-26924]
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Federal Register / Vol. 74, No. 215 / Monday, November 9, 2009 / Notices
immersed vacuum membrane filters.
Membrane filters for this waiver are as
defined in the EPA Membrane Filter
Guidance Manual for compliance under
the LT2ESWTR. Zenon is the only
manufacturer of immersed vacuum
membranes that meets the required
specifications. The Zenon ZeeWeed
1000 membrane cartilages are
manufactured in Canada, but all the
piping, pumps, etc. will be
manufactured and assembled in
America.
2. The Zenon ZeeWeed 1000
membrane meets the requirements of
the LT2ESWTR of 3.5 log removal of
Giardia and 4.0 log removal of
Cryptosporidium.
3. To the best of our knowledge, there
are no current domestic membrane
manufacturers that meet the
specifications of the ZeeWeed 1000
membrane. Any domestic alternative
membrane process would require
extensive renovation and/or building
addition resulting in substantial cost
increases.’’
A requirement by the primary regulatory
enforcement agency of a State for a
public water system to use a particular
technology in order to comply with a
National Primary Drinking Water
Regulation (NPDWR), and/or the
approval by that State agency of a
particular compliance technology for a
specific NPDWR, is a crucial
prerequisite to initiation of a drinking
water infrastructure project to bring that
public water system into compliance
with that NPDWR. Given this
requirement by the State and in light of
the reasonableness of the retrofit
specification, Washburn did not have a
basis to use an alternative compliance
technology within the ARRA time
requirements for SRF projects to be
under contract or construction by
February 17, 2010.
The April 28, 2009 EPA HQ
Memorandum (‘‘EPA April memo’’),
‘‘Implementation of Buy American
provisions of Public Law 111–5, the
‘American Recovery and Reinvestment
Act of 2009’,’’ defines reasonably
available quantity as ‘‘the quantity of
iron, steel, or relevant manufactured
good is available or will be available at
the time needed and place needed, and
in the proper form or specification as
specified in the project plans and
design.’’ It further defines satisfactory
quality as ‘‘the quality of iron, steel, or
the relevant manufactured good as
specified in the project plans and
designs.’’
The applicant met the procedures
specified for the availability inquiry as
appropriate to the circumstances by
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conducting on-line research and
contacting suppliers. All sources
indicated that submerged ultrafiltration
membrane treatment systems are only
manufactured outside of the U.S.
Therefore, based on the information
provided to EPA, and to the best of our
knowledge at this time, Zenon ZeeWeed
1000 submerged membranes are not
manufactured in the United States, and
no other U.S. manufactured product can
meet the City Washburn’s performance
specifications and requirements.
The purpose of the ARRA is to
stimulate economic recovery in part by
funding current infrastructure
construction, not to delay projects that
are ‘‘shovel ready’’ by requiring cities
such as Washburn to revise their
standards and specifications and to start
the bidding process again. The
imposition of ARRA Buy American
requirements on such projects otherwise
eligible for ARRA State Revolving Fund
assistance would result in unreasonable
delay and thus displace the ‘‘shovel
ready’’ status for this project. To further
delay project implementation is in
direct conflict with a fundamental
economic purpose of the ARRA, which
is to create or retain jobs.
EPA’s national contractor prepared a
technical assessment report dated
September 25, 2009 based on the
submitted waiver request. The report
determined that the waiver request
submittal was complete, that adequate
technical information was provided,
and that there were no significant
weaknesses in the justification
provided. The report confirmed the
waiver applicant’s claim that there are
no comparable domestic products that
can meet the project specifications.
The Technical & Financial Services
Unit has reviewed this waiver request
and has determined that the supporting
documentation provided by the City of
Washburn is sufficient to meet the
criteria listed under Section 1605(b) of
the ARRA and in the EPA April memo:
Iron, steel, and the manufactured goods
are not produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality.
The basis for this project waiver is the
authorization provided in Section
1605(b)(2) of the ARRA. Due to the lack
of production of this product in the
United States in sufficient and
reasonably available quantities and of a
satisfactory quality in order to meet the
City of Washburn’s performance
specifications and requirements, a
waiver from the Buy American
requirement is justified.
The March 31, 2009 Delegation of
Authority Memorandum provided
Regional Administrators with the
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57671
authority to issue exceptions to Section
1605 of the ARRA within the geographic
boundaries of their respective regions
and with respect to requests by
individual grant recipients. Having
established both a proper basis to
specify the particular good required for
this project, and that this manufactured
good was not available from a producer
in the United States, the City of
Washburn is hereby granted a waiver
from the Buy American requirements of
Section 1605(a) of Public Law 111–5 for
the purchase of Zenon ZeeWeed 1000
submerged membranes using ARRA
funds as specified in the City’s request
of September 22, 2009. This
supplementary information constitutes
the detailed written justification
required by Section 1605(c) for waivers
‘‘based on a finding under subsection
(b).’’
Authority: Public Law 111–5, section 1605.
Dated: October 23, 2009.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. E9–26960 Filed 11–6–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8979–4]
Control of Emissions From New
Highway Vehicles and Engines:
Approval of New Scheduled
Maintenance for Selective Catalyst
Reduction Technologies
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: This notice announces that
EPA has granted certain manufacturers
new and limited variations in emissionrelated scheduled maintenance intervals
for the replenishment of the nitrogen
containing reducing agent for Selective
Catalyst Reduction (SCR) technologies
used in light-duty and chassis certified
diesel vehicles for model years 2009–
2010, and used in heavy-duty diesel
vehicles and heavy-duty diesel engines
for model years 2009–2011. SCR
replenishment is considered critical
emission-related maintenance.
FOR FURTHER INFORMATION CONTACT:
David Dickinson, Compliance and
Innovative Strategies Division, U.S.
Environmental Protection Agency, 1200
Pennsylvania Ave., NW. (6405J),
Washington, DC 20460. Telephone:
(202) 343–9256. E-mail Address:
dickinson.david@epa.gov.
SUPPLEMENTARY INFORMATION: EPA
adopted new emission standards for
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light-duty vehicles and trucks on
February 10, 2000 (65 FR 6698).
Similarly EPA adopted new
requirements for heavy-duty highway
engines and vehicles on January 18,
2001 (66 FR 5002). Diesel engine and
vehicle manufacturers have examined
the use of several different types of NOX
reduction technologies in order to meet
these requirements, including SCR
systems which can achieve up to 90%
NOX conversion efficiencies. We expect
that most manufacturers will use SCR
systems to meet the NOX reduction
requirements for their diesel engines.
SCR systems use a nitrogen containing
reducing agent that usually contains
urea and is known as diesel exhaust
fluid (DEF). The DEF is injected into the
exhaust gas and requires periodic
replenishment by refilling the DEF tank.
Under 40 CFR 86.1834–01(b)(7)(ii)
and 86.094–25(b)(7)(ii), a manufacturer
must submit a request for approval for
any new scheduled maintenance it
wishes to recommend to purchasers and
perform during durability testing. ‘‘New
scheduled maintenance’’ is that
maintenance which did not exist prior
to the 1980 model year, including that
which is a direct result of the
implementation of new technology not
found in production prior to the 1980
model year. In this instance EPA
believes the maintenance of performing
DEF refills on SCR systems should be
considered as ‘‘critical emission-related
scheduled maintenance.’’ EPA believes
the existing allowable schedule
maintenance mileage intervals
applicable to catalytic converters are
generally applicable to SCR systems
which contain a catalyst, but that the
DEF refills are a new type of
maintenance uniquely associated with
SCR systems. Therefore, the 100,000mile interval at 40 CFR 86.1834–
01(b)(4)(ii) for catalytic converters on
diesel-cycle light-duty vehicles and
light-duty trucks (and any other chassiscertified vehicles) and the 100,000-mile
interval (and 100,000 mile intervals
thereafter) for light heavy-duty diesel
engines and the 100,000-mile interval
(and 150,000 mile intervals thereafter)
for medium and heavy heavy-duty
diesel engines at 40 CFR 86.004–
25(b)(4)(iii) are generally applicable to
SCR systems. As noted, the SCR systems
are a new type of technology designed
to meet the newest emission standards
and the DEF refill intervals represent a
new type of scheduled maintenance;
therefore, EPA believes that
manufacturers may request from EPA
the ability to perform the new
scheduled maintenance of DEF refills.
Requests from manufacturers for new
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scheduled maintenance intervals must
include: (1) Detailed evidence
supporting the need for the maintenance
requested and (2) supporting data or
other substantiation for the
recommended maintenance category
and for the interval suggested for the
emission maintenance. Any emissionrelated maintenance must be
technologically necessary to assure inuse compliance with the emission
standards since minimum service
intervals are established in part to
ensure that the control of emissions is
not compromised by a manufacturer’s
overly frequent scheduling of emissionrelated maintenance.
EPA has received information from
the Alliance of Automobile
Manufacturers (the Alliance) 1
indicating that it is technologically
necessary and otherwise appropriate for
light-duty vehicles and light-duty trucks
to refill the DEF at intervals equal to the
applicable vehicle’s scheduled oil
change interval for the 2009 and 2010
model years. The Alliance maintains
that such vehicles do not yet have the
carrying and storage capacity required
for the quantity of DEF needed to satisfy
the much longer maintenance intervals
such as the 100,000 mile scheduled
maintenance interval generally
applicable to catalytic converters. In
addition to the limited space available
on vehicles for a large DEF tank, the
Alliance also indicates that vehicles will
be designed and equipped to ensure
vehicle compliance with emission
standards, DEF will be readily available
and accessible to drivers, and that
maintenance is likely to be performed.
EPA generally receives ‘‘new
scheduled maintenance’’ requests,
under 40 CFR 86.1834–01(b)(7)(ii) and
86.094–25(b)(7), from individual
manufacturers. However, as discussed
below EPA knows of no SCR technology
for any light-duty or chassis certified
vehicle that is yet capable of attaining
higher mileage without a DEF refill. For
example, one SCR light/duty vehicle in
current production must find space to
accommodate an 8 gallon DEF tank in
addition to the separate fuel tank of 21
gallons in order to meet the oil change
interval target. Assuming an oil change
interval even of 10,000 miles in an 8
gallon DEF tank scenario, then a DEF
tank size of 80 gallons would be
required to meet a 100,000 mile DEF
refill maintenance interval. Even a
16–20 gallon DEF tank (to meet a 2 oil
1 The Alliance of Automobile Manufacturers
represents BMW Group, Chrysler Group, Ford
Motor Company, General Motors, Jaguar Land
Rover, Mazda, Mercedes-Benz USA, Mitsubishi
Motors, Porsche, Toyota, and Volkswagen Group of
America.
PO 00000
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change interval) would interfere with
the space that is necessary for typical
light-duty vehicle design and
transportation needs of the consumer.
Interior cabin volume and cargo space
are highly valued attributes in light-duty
vehicles. Manufacturers have
historically strived to optimize these
attributes, even to the point of switching
a vehicle from rear-wheel drive to frontwheel drive to gain the extra interior
cabin space taken up by where the drive
shaft tunnel existed, or switching the
size of the spare tire from a
conventional sized tire to a small
temporary tire to gain additional trunk
space. Thus any significant interior,
cargo or trunk space used to store a DEF
tank would be unacceptable to
customers. There are also packaging
concerns with placing a large DEF tank
in the engine compartment or in the
vehicles undercarriage. Most vehicle
undercarriages are already crowded
with the engine, exhaust system,
including catalytic converters and
mufflers, fuel tank, etc. limiting any
available space for a DEF tank.
In addition to the inherently space
constrained areas on the vehicle to place
both fuel tanks and DEF tanks (an
additional 8 gallon tank represents a
very significant demand for space) the
addition of the weight associated with
the DEF represents significant concerns
(e.g. performance and efficient
operation) on the operation of the
vehicle. For example, assuming a
density of 9 lb/gallon, an 8 gallon DEF
tank represents an additional 72 lbs on
a vehicle already looking to optimize
performance. Adding additional DEF
tank size to even accommodate a twooil change interval is not feasible given
these weight constraints. EPA expects
manufacturers to face similar and
significant engine or fuel tank
compartment size and configuration
constraints and to expend substantial
effort to accommodate similar DEF tank
and fuel tank size ratios. Therefore, EPA
finds it appropriate to approve the DEF
refill interval as requested for all lightduty vehicle and light-duty truck and
other chassis certified vehicles in the
2009 or 2010 model years for
manufacturers that are members of the
Alliance of Automobile Manufacturers.
For any manufacturers of light-duty
vehicles and light-duty trucks that are
not members of the Alliance of
Automobile Manufacturers that
introduce SCR technology in the 2009 or
2010 model years, such manufacturers
would need to request this schedule
separately, but we would expect to grant
a similar maintenance schedule, based
on the fact that SCR systems operate in
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a similar manner that would similarly
implicate the maintenance interval
issues discussed above.
EPA believes it important to note that
while not a specific criteria under
paragraph (b)(7) of the regulations,
because the DEF refill maintenance is
considered ‘‘critical emission-related
maintenance,’’ paragraph (b)(6) requires
that there be a reasonable likelihood
that the DEF maintenance refill will be
performed in use. See §§ 86.1834–
01(b)(6)(ii) and 86.094–25(6)(ii). EPA
finds that it is likely such maintenance
will be performed. A number of means
are available to make this showing,
including a clearly displayed visible
signal system approved by the
Administrator or data is presented
which establishes for the Administrator
a connection between emissions and
vehicle performance such that as
emissions increase due to lack of
maintenance, vehicle performance will
simultaneously deteriorate to a point
unacceptable for typical driving.
As discussed in EPA’s Dear
Manufacturer Letter of March 27, 2007
(‘‘Certification Procedure for Light-Duty
and Heavy-Duty Diesel Vehicles and
Heavy-Duty Diesel Engines Using
Selective Catalyst Reduction (SCR)
Technologies’’ reference number CISD–
07–07 (LDV/LDT/MDPV/HDV/HDE), an
SCR system utilizing a reducing agent
that needs to be periodically
replenished would meet the definition
set forth in §§ 86.094–22(e)(1) and
86.1833–01(a)(1) and could be
considered an adjustable parameter by
the Agency. The regulations establish
the requirements for determining the
physically adjustable ranges of
parameters, and EPA issued nonbinding guidance in the March 27, 2007
Dear Manufacturer Letter concerning the
determination under the regulations of
whether operation without DEF is
within the scope of such range for the
particular engine. SCR design and
manufacturer submitted information in
that context can be used to assure that
the DEF levels remain at proper ranges
during the operation of the engine.
In addition, EPA notes that DEF refill
maintenance interval being equivalent
and occurring with the oil change
interval is a fairly long interval (e.g.
7,500 to 12,500 miles) and is not likely
to result in the overly frequent
maintenance under typical vehicle
driving. EPA also believes that an
adequate DEF supply will be available
to perform the DEF refills at the stated
intervals. EPA believes it important to
also consider when, where and how
often vehicle owners or operators are
most likely to perform the DEF refill
maintenance. For light-duty vehicles
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and light-duty trucks EPA believes the
requested DEF refill interval’s
association with the oil change interval
is appropriate given the likelihood of
DEF availability at service stations and
the likelihood that DEF refill would
occur during such service. The Agency
has limited this approval to 2009 and
2010 model years due to the expectation
that SCR related technologies and the
urea infrastructure will continue to
develop and mature and EPA plans to
revisit this category of vehicles to
determine appropriate future intervals.
Should manufacturers continue to
believe that the identified interval or
other intervals are technologically
necessary or otherwise appropriate after
the 2010 model year we expect them to
take this up with the Agency in a timely
manner.
EPA has also received requests from
Volvo Powertrain, Cummins, and from
the Engine Manufacturers Association 2
seeking a series of DEF refill
maintenance intervals for certain
categories of heavy-duty engine
applications. For vocational vehicles
such as dump trucks, concrete mixers,
refuse trucks and similar typically
centrally fueled applications, the
manufacturers believe the DEF tank
refill interval should equal the range (in
miles or hours) of the vehicle operation
that is no less that the vehicle’s fuel
capacity (i.e., a 1:1 ratio). For all other
vehicles equipped with a constantly
viewable DEF level indicator (e.g. a
gauge or other mechanism on the
dashboard that will notify the driver of
the DEF fill level and the ability to warn
the driver of the necessity to refill the
DEF tank before other inducements
(noted below) occur), the DEF tank refill
interval must provide a range of vehicle
operation that is no less than twice the
range of vehicle’s fuel capacity (i.e., a
2:1 ratio) and for all other vehicles that
do not have a constantly viewable DEF
level indicator the DEF tank refill
interval must provide a range of vehicle
operation that is no less than three times
the range of the vehicle’s fuel capacity
(i.e., a 3:1 ratio).
EPA believes it is reasonable to base
the DEF refilling event on diesel
2 The Engine Manufacturers Association (EMA)
represents, among others, American Honda Motor
Company, Inc, Briggs & Stratton Corp, Caterpillar
Inc, Chrysler LLC, CNH Global N.V., Cummins Inc.,
Daimler Trucks North America LLC, Deere &
Company, Deutz Corporation, Dresser Waukesha,
Fiat Powertrain Technologies S.p.A,, Kohler
Company Inc, Komatsu Ltd, Kubota Engine America
Corp, MTU Detroit Diesel Inc, Ford Motor
Company, General Motors Corp, Hino Motors Ltd,
Isuzu Manufacturing Services of America, Navistar
Inc., Onan—Cummins Power Generation, PACCAR
Inc, Scania CV AB, Volkswagen of America Inc,
Wartsala North America, Inc, Yamaha Motor
Corporation, and Yanmar America Corporation.
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57673
refueling intervals given that it is likely
that the DEF refill maintenance would
be undertaken at the time of fuel refill
due to DEF infrastructure developed at
diesel refueling stations. EPA agrees
with manufacturers that the DEF
refilling intervals requested are
technologically necessary. EPA knows
of no SCR technology for any heavyduty engine application that is yet
capable of attaining higher mileage
without a DEF refill. As an example,
assuming that 25,000 gallons of diesel
fuel were consumed to reach a 150,000
mile interval, the amount of DEF
required (assuming a 3% DEF
consumption rate) would require 750
gallons of DEF weighing approximately
6,750 lbs. A line-haul truck is allowed
a maximum gross vehicle weight of
85,000 lbs of which approximately
45,000 pounds is for cargo carrying. A
DEF tank of this size would reduce the
cargo-carrying capacity by 15%.
Another example from the line haul
industry suggests that a DEF tank size of
over 900 gallons would be needed, to
reach the 150,000 mile interval, for a
common highway vehicle with a diesel
fuel capacity of 200 gallons and
achieving 6.5 miles per gallon fuel
efficiency. Similarly, a medium heavyduty engine (‘‘chassis cabs’’) example
would require 375 gallons of DEF
weighing 3,275 lbs to meet a 150,000
mile interval. EPA believes that such
tank sizes are clearly not technologically
feasible in light of the weight and space
demands and constraints on heavy-duty
trucks and the consumer demand for as
much cargo carrying capacity as
possible.
The Agency has also received
information demonstrating that longer
intervals than those requested by the
manufacturers would require DEF tanks
that are too large or too heavy to be
feasibly incorporated into vehicles.
Manufacturer representatives note that
available data show that heavy-duty
engines equipped with SCR-based
systems will consume DEF at a rate that
is approximately 2%–4% of the rate of
diesel fuel consumption. Because of
inherent space and weight constraints in
the configuration and efficient operation
of heavy-duty vehicles, there are size
limits on the DEF tanks. Currently, there
are truck weight limits that
manufacturers must address when
making, adding or modifying truck
designs. EPA expects and believes that
manufacturers are taking significant and
appropriate steps in order to install
reasonably sized DEF tanks to achieve
the DEF refills intervals noted. For
example, manufacturers are taking such
steps as reducing the number of battery
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packs on vehicles despite customer
demands or designing space saver
configurations, in some instances
extending an already very limited frame
rail distance to incorporate the DEF
tanks and SCR systems, moving
compressed air tanks inside the frame
rails, redesigning fuel tank
configurations at significant cost, and
otherwise working with significant size
and weight constraints to incorporate
DEF tanks. EMA notes that there are
several factors that support the good
engineering judgment that underlies the
recommended DEF refill intervals. The
great majority of heavy-duty engines
produced will provide a range of vehicle
operation that is no less than twice the
range of the vehicle’s fuel capacity;
thus, the DEF tank size will provide at
least double the vehicle’s operating
range as provided by the fuel tank. EMA
notes that vehicle operators will
generally refill DEF at the same time
and location that they refill the tanks;
thus, these vehicles will already be
carrying twice as much DEF as the SCR
system could ever consume between
refills.
EPA was provided with examples of
the consequences of requiring heavyduty vehicles to accommodate a DEF
refill interval of 5:1, and the information
provided to the Agency strongly
suggested that great compromises would
be required in cost, weight and utility.
Increased tank sizes and weights on the
magnitude of 150 to 325 lbs. would be
required and in some cases diesel fuel
volumes would need to be reduced. The
extra weight associated with the DEF
required to meet the 2:1 or 3:1 refill
intervals (again, operators are expected
to refill the DEF and each diesel fuel
refilling event) represents a significant
challenge to manufacturers seeking to
meet both weight and size requirements
for their vehicle designs. EPA believes
that in light of the existing tight space
constraints and the overall desire to
maximize cargo-carrying capacity to
minimize emissions and meet consumer
operational demands, and the built-in
DEF tank size buffer to insure DEF
refills, that the tank DEF tank sizes
associated with the 2:1 refill and 3:1
intervals are technologically necessary.
EPA believes that requiring tank sizes
above these ratios will cause increases
in space constraints and weight that
would not be appropriate for these
vehicles. Similarly, manufacturers note
that only a small number of applications
will employ the 1:1 refilling ratio and
that such vehicle applications have very
limited vehicle space available to house
surplus DEF. Such applications (e.g., a
garbage truck, concrete mixer, beverage
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truck, or airport refueler) will also be
refueled daily at central locations. At
approximately 0.134 ft3 per gallon, any
extra DEF would displace significant
space available to vehicle components
and subsystems on both the vocational
trucks at the 1:1 refill interval as well as
the 2:1 and 3:1 vehicles.
After reviewing this data and
information, EPA believes that longer
refill intervals than those noted above
would require larger and heavier DEF
tanks, and the design and engineering
work performed by manufacturers thus
far indicate that the recommended DEF
refill intervals noted above approximate
the maximum feasible maintenance
intervals associated with reasonable
DEF tank sizes. The maintenance
intervals recommended ensure that the
functions and operational efficiency of
such vehicles are not overly
compromised. Based on this
information we believe the intervals
noted above are warranted.
Therefore, EPA finds it appropriate to
approve the DEF refill intervals as
requested by Volvo, Cummins, and for
all heavy-duty engine manufacturers
that are represented by EMA. For any
manufacturers of heavy-duty engines
that are not members of EMA that
introduce heavy-duty engines with SCR
technology, such manufacturers would
need to request this schedule separately.
EPA expects it would grant a similar
maintenance schedule based on the fact
that SCR systems run in a similar
manner that would similarly implicate
the maintenance interval issues
discussed above. In addition, to make
use of the intervals noted above,
manufacturers must indicate their
intention in the applications for
certification, including how the above
requirements will be met.
The Agency has limited this approval
to model years 2009 to 2011 due to the
expectation that SCR-related
technologies and the urea infrastructure
will continue to develop and mature,
and EPA plans to revisit this category of
vehicles to determine appropriate future
intervals. Should manufacturers
continue to believe that the identified
interval or other intervals are
technologically necessary or otherwise
appropriate after the 2011 model year,
we expect them to take this up with the
Agency in a timely manner.
EPA believes it important to note that
while not a specific criteria under
paragraph (b)(7) of the regulations, there
are a number of factors helping to
provide confidence that the DEF refill
maintenance intervals noted above are
likely to be properly performed. First,
because DEF refills are considered
‘‘critical emission-related maintenance,’’
PO 00000
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manufacturers are ‘‘required to show the
reasonable likelihood of such
maintenance being performed in use.’’
(See §§ 86.1834(b)(6)(ii) and 86.094–
25(6)(ii)). A number of means are
available to make this showing,
including a clearly displayed visible
signal system approved by the
Administrator, or data is presented
which establishes for the Administrator
a connection between emissions and
vehicle performance such that as
emissions increase due to lack of
maintenance, vehicle performance will
simultaneously deteriorate to a point
unacceptable for typical driving.
As discussed in EPA’s Dear
Manufacturer Letter of March 27, 2007
(‘‘Certification Procedure for Light-Duty
and Heavy-Duty Diesel Vehicles and
Heavy-Duty Diesel Engines Using
Selective Catalyst Reduction (SCR)
Technologies’’ reference number CISD–
07–07 (LDV/LDT/MDPV/HDV/HDE), an
SCR system utilizing a reducing agent
that needs to be periodically
replenished would meet the definition
set forth in §§ 86.094–22(e)(1) and
86.1833–01(a)(1) and could be
considered an adjustable parameter by
the Agency. The regulations establish
the requirements for determining the
physically adjustable ranges of
parameters, and EPA issued nonbinding guidance in the March 27, 2007
Dear Manufacturer Letter concerning the
determination under the regulations of
whether operation without DEF is
within the scope of such range for the
particular engine. SCR design and
manufacturer-submitted information in
that context can be used to assure that
the DEF levels remain at proper ranges
during the operation of the engine. EPA
plans to continue to work with
manufacturers, based on their
individual design plans, during the
certification process to ensure that the
adjustable parameter and allowable
maintenance regulatory provisions are
met.
Dated: November 3, 2009.
Gina McCarthy,
Assistant Administrator, Office of Air and
Radiation.
[FR Doc. E9–26924 Filed 11–6–09; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 74, Number 215 (Monday, November 9, 2009)]
[Notices]
[Pages 57671-57674]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26924]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8979-4]
Control of Emissions From New Highway Vehicles and Engines:
Approval of New Scheduled Maintenance for Selective Catalyst Reduction
Technologies
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces that EPA has granted certain
manufacturers new and limited variations in emission-related scheduled
maintenance intervals for the replenishment of the nitrogen containing
reducing agent for Selective Catalyst Reduction (SCR) technologies used
in light-duty and chassis certified diesel vehicles for model years
2009-2010, and used in heavy-duty diesel vehicles and heavy-duty diesel
engines for model years 2009-2011. SCR replenishment is considered
critical emission-related maintenance.
FOR FURTHER INFORMATION CONTACT: David Dickinson, Compliance and
Innovative Strategies Division, U.S. Environmental Protection Agency,
1200 Pennsylvania Ave., NW. (6405J), Washington, DC 20460. Telephone:
(202) 343-9256. E-mail Address: dickinson.david@epa.gov.
SUPPLEMENTARY INFORMATION: EPA adopted new emission standards for
[[Page 57672]]
light-duty vehicles and trucks on February 10, 2000 (65 FR 6698).
Similarly EPA adopted new requirements for heavy-duty highway engines
and vehicles on January 18, 2001 (66 FR 5002). Diesel engine and
vehicle manufacturers have examined the use of several different types
of NOX reduction technologies in order to meet these
requirements, including SCR systems which can achieve up to 90%
NOX conversion efficiencies. We expect that most
manufacturers will use SCR systems to meet the NOX reduction
requirements for their diesel engines. SCR systems use a nitrogen
containing reducing agent that usually contains urea and is known as
diesel exhaust fluid (DEF). The DEF is injected into the exhaust gas
and requires periodic replenishment by refilling the DEF tank.
Under 40 CFR 86.1834-01(b)(7)(ii) and 86.094-25(b)(7)(ii), a
manufacturer must submit a request for approval for any new scheduled
maintenance it wishes to recommend to purchasers and perform during
durability testing. ``New scheduled maintenance'' is that maintenance
which did not exist prior to the 1980 model year, including that which
is a direct result of the implementation of new technology not found in
production prior to the 1980 model year. In this instance EPA believes
the maintenance of performing DEF refills on SCR systems should be
considered as ``critical emission-related scheduled maintenance.'' EPA
believes the existing allowable schedule maintenance mileage intervals
applicable to catalytic converters are generally applicable to SCR
systems which contain a catalyst, but that the DEF refills are a new
type of maintenance uniquely associated with SCR systems. Therefore,
the 100,000-mile interval at 40 CFR 86.1834-01(b)(4)(ii) for catalytic
converters on diesel-cycle light-duty vehicles and light-duty trucks
(and any other chassis-certified vehicles) and the 100,000-mile
interval (and 100,000 mile intervals thereafter) for light heavy-duty
diesel engines and the 100,000-mile interval (and 150,000 mile
intervals thereafter) for medium and heavy heavy-duty diesel engines at
40 CFR 86.004-25(b)(4)(iii) are generally applicable to SCR systems. As
noted, the SCR systems are a new type of technology designed to meet
the newest emission standards and the DEF refill intervals represent a
new type of scheduled maintenance; therefore, EPA believes that
manufacturers may request from EPA the ability to perform the new
scheduled maintenance of DEF refills. Requests from manufacturers for
new scheduled maintenance intervals must include: (1) Detailed evidence
supporting the need for the maintenance requested and (2) supporting
data or other substantiation for the recommended maintenance category
and for the interval suggested for the emission maintenance. Any
emission-related maintenance must be technologically necessary to
assure in-use compliance with the emission standards since minimum
service intervals are established in part to ensure that the control of
emissions is not compromised by a manufacturer's overly frequent
scheduling of emission-related maintenance.
EPA has received information from the Alliance of Automobile
Manufacturers (the Alliance) \1\ indicating that it is technologically
necessary and otherwise appropriate for light-duty vehicles and light-
duty trucks to refill the DEF at intervals equal to the applicable
vehicle's scheduled oil change interval for the 2009 and 2010 model
years. The Alliance maintains that such vehicles do not yet have the
carrying and storage capacity required for the quantity of DEF needed
to satisfy the much longer maintenance intervals such as the 100,000
mile scheduled maintenance interval generally applicable to catalytic
converters. In addition to the limited space available on vehicles for
a large DEF tank, the Alliance also indicates that vehicles will be
designed and equipped to ensure vehicle compliance with emission
standards, DEF will be readily available and accessible to drivers, and
that maintenance is likely to be performed.
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\1\ The Alliance of Automobile Manufacturers represents BMW
Group, Chrysler Group, Ford Motor Company, General Motors, Jaguar
Land Rover, Mazda, Mercedes-Benz USA, Mitsubishi Motors, Porsche,
Toyota, and Volkswagen Group of America.
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EPA generally receives ``new scheduled maintenance'' requests,
under 40 CFR 86.1834-01(b)(7)(ii) and 86.094-25(b)(7), from individual
manufacturers. However, as discussed below EPA knows of no SCR
technology for any light-duty or chassis certified vehicle that is yet
capable of attaining higher mileage without a DEF refill. For example,
one SCR light/duty vehicle in current production must find space to
accommodate an 8 gallon DEF tank in addition to the separate fuel tank
of 21 gallons in order to meet the oil change interval target. Assuming
an oil change interval even of 10,000 miles in an 8 gallon DEF tank
scenario, then a DEF tank size of 80 gallons would be required to meet
a 100,000 mile DEF refill maintenance interval. Even a 16-20 gallon DEF
tank (to meet a 2 oil change interval) would interfere with the space
that is necessary for typical light-duty vehicle design and
transportation needs of the consumer. Interior cabin volume and cargo
space are highly valued attributes in light-duty vehicles.
Manufacturers have historically strived to optimize these attributes,
even to the point of switching a vehicle from rear-wheel drive to
front-wheel drive to gain the extra interior cabin space taken up by
where the drive shaft tunnel existed, or switching the size of the
spare tire from a conventional sized tire to a small temporary tire to
gain additional trunk space. Thus any significant interior, cargo or
trunk space used to store a DEF tank would be unacceptable to
customers. There are also packaging concerns with placing a large DEF
tank in the engine compartment or in the vehicles undercarriage. Most
vehicle undercarriages are already crowded with the engine, exhaust
system, including catalytic converters and mufflers, fuel tank, etc.
limiting any available space for a DEF tank.
In addition to the inherently space constrained areas on the
vehicle to place both fuel tanks and DEF tanks (an additional 8 gallon
tank represents a very significant demand for space) the addition of
the weight associated with the DEF represents significant concerns
(e.g. performance and efficient operation) on the operation of the
vehicle. For example, assuming a density of 9 lb/gallon, an 8 gallon
DEF tank represents an additional 72 lbs on a vehicle already looking
to optimize performance. Adding additional DEF tank size to even
accommodate a two-oil change interval is not feasible given these
weight constraints. EPA expects manufacturers to face similar and
significant engine or fuel tank compartment size and configuration
constraints and to expend substantial effort to accommodate similar DEF
tank and fuel tank size ratios. Therefore, EPA finds it appropriate to
approve the DEF refill interval as requested for all light-duty vehicle
and light-duty truck and other chassis certified vehicles in the 2009
or 2010 model years for manufacturers that are members of the Alliance
of Automobile Manufacturers. For any manufacturers of light-duty
vehicles and light-duty trucks that are not members of the Alliance of
Automobile Manufacturers that introduce SCR technology in the 2009 or
2010 model years, such manufacturers would need to request this
schedule separately, but we would expect to grant a similar maintenance
schedule, based on the fact that SCR systems operate in
[[Page 57673]]
a similar manner that would similarly implicate the maintenance
interval issues discussed above.
EPA believes it important to note that while not a specific
criteria under paragraph (b)(7) of the regulations, because the DEF
refill maintenance is considered ``critical emission-related
maintenance,'' paragraph (b)(6) requires that there be a reasonable
likelihood that the DEF maintenance refill will be performed in use.
See Sec. Sec. 86.1834-01(b)(6)(ii) and 86.094-25(6)(ii). EPA finds
that it is likely such maintenance will be performed. A number of means
are available to make this showing, including a clearly displayed
visible signal system approved by the Administrator or data is
presented which establishes for the Administrator a connection between
emissions and vehicle performance such that as emissions increase due
to lack of maintenance, vehicle performance will simultaneously
deteriorate to a point unacceptable for typical driving.
As discussed in EPA's Dear Manufacturer Letter of March 27, 2007
(``Certification Procedure for Light-Duty and Heavy-Duty Diesel
Vehicles and Heavy-Duty Diesel Engines Using Selective Catalyst
Reduction (SCR) Technologies'' reference number CISD-07-07 (LDV/LDT/
MDPV/HDV/HDE), an SCR system utilizing a reducing agent that needs to
be periodically replenished would meet the definition set forth in
Sec. Sec. 86.094-22(e)(1) and 86.1833-01(a)(1) and could be considered
an adjustable parameter by the Agency. The regulations establish the
requirements for determining the physically adjustable ranges of
parameters, and EPA issued non-binding guidance in the March 27, 2007
Dear Manufacturer Letter concerning the determination under the
regulations of whether operation without DEF is within the scope of
such range for the particular engine. SCR design and manufacturer
submitted information in that context can be used to assure that the
DEF levels remain at proper ranges during the operation of the engine.
In addition, EPA notes that DEF refill maintenance interval being
equivalent and occurring with the oil change interval is a fairly long
interval (e.g. 7,500 to 12,500 miles) and is not likely to result in
the overly frequent maintenance under typical vehicle driving. EPA also
believes that an adequate DEF supply will be available to perform the
DEF refills at the stated intervals. EPA believes it important to also
consider when, where and how often vehicle owners or operators are most
likely to perform the DEF refill maintenance. For light-duty vehicles
and light-duty trucks EPA believes the requested DEF refill interval's
association with the oil change interval is appropriate given the
likelihood of DEF availability at service stations and the likelihood
that DEF refill would occur during such service. The Agency has limited
this approval to 2009 and 2010 model years due to the expectation that
SCR related technologies and the urea infrastructure will continue to
develop and mature and EPA plans to revisit this category of vehicles
to determine appropriate future intervals. Should manufacturers
continue to believe that the identified interval or other intervals are
technologically necessary or otherwise appropriate after the 2010 model
year we expect them to take this up with the Agency in a timely manner.
EPA has also received requests from Volvo Powertrain, Cummins, and
from the Engine Manufacturers Association \2\ seeking a series of DEF
refill maintenance intervals for certain categories of heavy-duty
engine applications. For vocational vehicles such as dump trucks,
concrete mixers, refuse trucks and similar typically centrally fueled
applications, the manufacturers believe the DEF tank refill interval
should equal the range (in miles or hours) of the vehicle operation
that is no less that the vehicle's fuel capacity (i.e., a 1:1 ratio).
For all other vehicles equipped with a constantly viewable DEF level
indicator (e.g. a gauge or other mechanism on the dashboard that will
notify the driver of the DEF fill level and the ability to warn the
driver of the necessity to refill the DEF tank before other inducements
(noted below) occur), the DEF tank refill interval must provide a range
of vehicle operation that is no less than twice the range of vehicle's
fuel capacity (i.e., a 2:1 ratio) and for all other vehicles that do
not have a constantly viewable DEF level indicator the DEF tank refill
interval must provide a range of vehicle operation that is no less than
three times the range of the vehicle's fuel capacity (i.e., a 3:1
ratio).
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\2\ The Engine Manufacturers Association (EMA) represents, among
others, American Honda Motor Company, Inc, Briggs & Stratton Corp,
Caterpillar Inc, Chrysler LLC, CNH Global N.V., Cummins Inc.,
Daimler Trucks North America LLC, Deere & Company, Deutz
Corporation, Dresser Waukesha, Fiat Powertrain Technologies S.p.A,,
Kohler Company Inc, Komatsu Ltd, Kubota Engine America Corp, MTU
Detroit Diesel Inc, Ford Motor Company, General Motors Corp, Hino
Motors Ltd, Isuzu Manufacturing Services of America, Navistar Inc.,
Onan--Cummins Power Generation, PACCAR Inc, Scania CV AB, Volkswagen
of America Inc, Wartsala North America, Inc, Yamaha Motor
Corporation, and Yanmar America Corporation.
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EPA believes it is reasonable to base the DEF refilling event on
diesel refueling intervals given that it is likely that the DEF refill
maintenance would be undertaken at the time of fuel refill due to DEF
infrastructure developed at diesel refueling stations. EPA agrees with
manufacturers that the DEF refilling intervals requested are
technologically necessary. EPA knows of no SCR technology for any
heavy-duty engine application that is yet capable of attaining higher
mileage without a DEF refill. As an example, assuming that 25,000
gallons of diesel fuel were consumed to reach a 150,000 mile interval,
the amount of DEF required (assuming a 3% DEF consumption rate) would
require 750 gallons of DEF weighing approximately 6,750 lbs. A line-
haul truck is allowed a maximum gross vehicle weight of 85,000 lbs of
which approximately 45,000 pounds is for cargo carrying. A DEF tank of
this size would reduce the cargo-carrying capacity by 15%. Another
example from the line haul industry suggests that a DEF tank size of
over 900 gallons would be needed, to reach the 150,000 mile interval,
for a common highway vehicle with a diesel fuel capacity of 200 gallons
and achieving 6.5 miles per gallon fuel efficiency. Similarly, a medium
heavy-duty engine (``chassis cabs'') example would require 375 gallons
of DEF weighing 3,275 lbs to meet a 150,000 mile interval. EPA believes
that such tank sizes are clearly not technologically feasible in light
of the weight and space demands and constraints on heavy-duty trucks
and the consumer demand for as much cargo carrying capacity as
possible.
The Agency has also received information demonstrating that longer
intervals than those requested by the manufacturers would require DEF
tanks that are too large or too heavy to be feasibly incorporated into
vehicles. Manufacturer representatives note that available data show
that heavy-duty engines equipped with SCR-based systems will consume
DEF at a rate that is approximately 2%-4% of the rate of diesel fuel
consumption. Because of inherent space and weight constraints in the
configuration and efficient operation of heavy-duty vehicles, there are
size limits on the DEF tanks. Currently, there are truck weight limits
that manufacturers must address when making, adding or modifying truck
designs. EPA expects and believes that manufacturers are taking
significant and appropriate steps in order to install reasonably sized
DEF tanks to achieve the DEF refills intervals noted. For example,
manufacturers are taking such steps as reducing the number of battery
[[Page 57674]]
packs on vehicles despite customer demands or designing space saver
configurations, in some instances extending an already very limited
frame rail distance to incorporate the DEF tanks and SCR systems,
moving compressed air tanks inside the frame rails, redesigning fuel
tank configurations at significant cost, and otherwise working with
significant size and weight constraints to incorporate DEF tanks. EMA
notes that there are several factors that support the good engineering
judgment that underlies the recommended DEF refill intervals. The great
majority of heavy-duty engines produced will provide a range of vehicle
operation that is no less than twice the range of the vehicle's fuel
capacity; thus, the DEF tank size will provide at least double the
vehicle's operating range as provided by the fuel tank. EMA notes that
vehicle operators will generally refill DEF at the same time and
location that they refill the tanks; thus, these vehicles will already
be carrying twice as much DEF as the SCR system could ever consume
between refills.
EPA was provided with examples of the consequences of requiring
heavy-duty vehicles to accommodate a DEF refill interval of 5:1, and
the information provided to the Agency strongly suggested that great
compromises would be required in cost, weight and utility. Increased
tank sizes and weights on the magnitude of 150 to 325 lbs. would be
required and in some cases diesel fuel volumes would need to be
reduced. The extra weight associated with the DEF required to meet the
2:1 or 3:1 refill intervals (again, operators are expected to refill
the DEF and each diesel fuel refilling event) represents a significant
challenge to manufacturers seeking to meet both weight and size
requirements for their vehicle designs. EPA believes that in light of
the existing tight space constraints and the overall desire to maximize
cargo-carrying capacity to minimize emissions and meet consumer
operational demands, and the built-in DEF tank size buffer to insure
DEF refills, that the tank DEF tank sizes associated with the 2:1
refill and 3:1 intervals are technologically necessary. EPA believes
that requiring tank sizes above these ratios will cause increases in
space constraints and weight that would not be appropriate for these
vehicles. Similarly, manufacturers note that only a small number of
applications will employ the 1:1 refilling ratio and that such vehicle
applications have very limited vehicle space available to house surplus
DEF. Such applications (e.g., a garbage truck, concrete mixer, beverage
truck, or airport refueler) will also be refueled daily at central
locations. At approximately 0.134 ft\3\ per gallon, any extra DEF would
displace significant space available to vehicle components and
subsystems on both the vocational trucks at the 1:1 refill interval as
well as the 2:1 and 3:1 vehicles.
After reviewing this data and information, EPA believes that longer
refill intervals than those noted above would require larger and
heavier DEF tanks, and the design and engineering work performed by
manufacturers thus far indicate that the recommended DEF refill
intervals noted above approximate the maximum feasible maintenance
intervals associated with reasonable DEF tank sizes. The maintenance
intervals recommended ensure that the functions and operational
efficiency of such vehicles are not overly compromised. Based on this
information we believe the intervals noted above are warranted.
Therefore, EPA finds it appropriate to approve the DEF refill
intervals as requested by Volvo, Cummins, and for all heavy-duty engine
manufacturers that are represented by EMA. For any manufacturers of
heavy-duty engines that are not members of EMA that introduce heavy-
duty engines with SCR technology, such manufacturers would need to
request this schedule separately. EPA expects it would grant a similar
maintenance schedule based on the fact that SCR systems run in a
similar manner that would similarly implicate the maintenance interval
issues discussed above. In addition, to make use of the intervals noted
above, manufacturers must indicate their intention in the applications
for certification, including how the above requirements will be met.
The Agency has limited this approval to model years 2009 to 2011
due to the expectation that SCR-related technologies and the urea
infrastructure will continue to develop and mature, and EPA plans to
revisit this category of vehicles to determine appropriate future
intervals. Should manufacturers continue to believe that the identified
interval or other intervals are technologically necessary or otherwise
appropriate after the 2011 model year, we expect them to take this up
with the Agency in a timely manner.
EPA believes it important to note that while not a specific
criteria under paragraph (b)(7) of the regulations, there are a number
of factors helping to provide confidence that the DEF refill
maintenance intervals noted above are likely to be properly performed.
First, because DEF refills are considered ``critical emission-related
maintenance,'' manufacturers are ``required to show the reasonable
likelihood of such maintenance being performed in use.'' (See
Sec. Sec. 86.1834(b)(6)(ii) and 86.094-25(6)(ii)). A number of means
are available to make this showing, including a clearly displayed
visible signal system approved by the Administrator, or data is
presented which establishes for the Administrator a connection between
emissions and vehicle performance such that as emissions increase due
to lack of maintenance, vehicle performance will simultaneously
deteriorate to a point unacceptable for typical driving.
As discussed in EPA's Dear Manufacturer Letter of March 27, 2007
(``Certification Procedure for Light-Duty and Heavy-Duty Diesel
Vehicles and Heavy-Duty Diesel Engines Using Selective Catalyst
Reduction (SCR) Technologies'' reference number CISD-07-07 (LDV/LDT/
MDPV/HDV/HDE), an SCR system utilizing a reducing agent that needs to
be periodically replenished would meet the definition set forth in
Sec. Sec. 86.094-22(e)(1) and 86.1833-01(a)(1) and could be considered
an adjustable parameter by the Agency. The regulations establish the
requirements for determining the physically adjustable ranges of
parameters, and EPA issued non-binding guidance in the March 27, 2007
Dear Manufacturer Letter concerning the determination under the
regulations of whether operation without DEF is within the scope of
such range for the particular engine. SCR design and manufacturer-
submitted information in that context can be used to assure that the
DEF levels remain at proper ranges during the operation of the engine.
EPA plans to continue to work with manufacturers, based on their
individual design plans, during the certification process to ensure
that the adjustable parameter and allowable maintenance regulatory
provisions are met.
Dated: November 3, 2009.
Gina McCarthy,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. E9-26924 Filed 11-6-09; 8:45 am]
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